National Fertilizers Limited (A Government of India Undertaking) Vijaipur–473111, Dist. Guna (M.P), India (An ISO 9001, 14001 & OHSAS 18001 Unit) Phone: ++91 (0) 7544 273 050/691 Fax: ++91 (0) 7544 273 089/109 Email: [email protected] Website: www.nationalfertilizers.com NOTICE INVITING TENDER Sealed Tenders are invited under “Two Part Bid System” for item mentioned hereunder: Tender No. & Date Description of Items Bid Closing and Time NFV/MM/PUR/EAMU-120942+ AMU120943-J1 dated 25.01.2013 SUPPLY OF FERRULES AND TRANSITION PIECES FOR 11/21-E-1 (AMMONIA STRIPPERS) OF UREA PLANT Date 06-March2013 at 13:00 Hrs. Interested Vendors may obtain tender documents either personally or by post from the office of Dy. General Manager (Materials) on payment of Rs. 1,000/(Rupees One Thousand only) towards the cost of Tender Documents by way of Demand Draft made in favour of National Fertilizers Limited payable at State Bank of India, Bavrikhera Branch (Code: 8455), NFL Complex, Vijaipur. Cheques will not be accepted. Tender Documents can also be downloaded from our Website: www.nationalfertilizers.com and the website of Central Procurement Portal http://eprocure.gov.in. In such case, a Demand Draft for Rs. 1,000/- [Rupees One Thousand only] towards cost of Tender Documents should invariably be enclosed by tenderers along with their offer. Part-I Bid of the tender will be opened at 14:30 Hrs on bid closing day as given above. NFL shall not be responsible for any postal delay/ loss and reserves the right to accept/ reject any tender without assigning any reason thereof. Contact Nos: Fax No. 07544-273089, Phone No. 07544-273 050/691, Email: [email protected]; [email protected] ; [email protected] ; [email protected]. Dy. Chief Manager – Materials National Fertilizers Limited (A Government of India Undertaking) Vijaipur–473111, Dist. Guna (M.P), India (An ISO 9001, 14001 & OHSAS 18001 Unit) Phone: ++91 (0) 7544 273 050/691 Fax: ++91 (0) 7544 273 089/109 Email: [email protected] Website: www.nationalfertilizers.com SYNOPSIS OF TENDER PARTICULARS TENDER NO. - NFV/MM/PUR/E-AMU120942+AMU120943-J1 Dated 25-January-2013 BID CLOSING DATE AND TIME - 06-March-2013 AT 13:00 HRS BID OPENING DATE AND TIME [PART-I BID ONLY] - 06-March-2013 AT 14:30 HRS NATURE OF WORK - Supply of Complete Ferrule and Transition Pieces in MOC: 25Cr-22Ni2Mo (UNS S31050) for Ferrules of 11/21-E-1 (Ammonia Strippers) of Urea Plant EARNEST MONEY DEPOSIT - Rs. 1,00,000/- (Rupees One Lakh only) [Refer Clause 4.0 of Tender Documents] SECURITY DEPOSIT-CUMPERFORMANCE GUARANTEE - @5% of Order Value [Minimum – Rs. 3.75 Lakh] [Refer Clause 5.0 of Tender documents] ELIGIBILITY CRITERIA - Refer Clause No. 1 of Tender Documents Specifications of Ferrules and the Transition Piece Drawing No. NFVP/M/UREA-1/E-1/02 (Rev.0) for Item No. 1 Drawing No. NFVP/M/UREA-1/E-1/01 (Rev.0) for Item No. 2 Specimen of Quality Assurance Plan Price Bid Format for Indian Bidders Price Bid Format for Foreign Bidders Loading Criteria Specific Confirmation Sheet to be furnished by the Bidder Proforma for Bid Security Bond Proforma for Security Deposit-cumPerformance Bank Guarantee ENCLOSURES 1. ANNEXURE-I - 2. Annexure-II - 3. ANNEXURE-III - 4. 5. 6. 7. 8. ANNEXURE-IV ANNEXURE-V ANNEXURE-VI ANNEXURE-VII ANNEXURE-VIII - 9. 10. ANNEXURE-IX ANNEXURE-X - ******** National Fertilizers Limited (A Government of India Undertaking) Vijaipur–473111, Dist. Guna (M.P), India (An ISO 9001, 14001 & OHSAS 18001 Unit) Phone: ++91 (0) 7544 273 050/691 Fax: ++91 (0) 7544 273 089/109 Email: [email protected] Website: www.nationalfertilizers.com NOTICE INVITING TENDER NIT No. & Date DUE DATE EMD SD-cum-PBG NFV/PUR/E-AMU120942+AMU120943-J1 Dated: 25-January-2013 06-MARCH-2013 Rs. 1,00,000/@5% of Order Value [Minimum – Rs. 3.75 Lakh] Dear Sirs, Sealed offers are invited under “TWO-PART BIDDING SYSTEM” for items mentioned at Annexure-I subject to following terms and conditions:1.00 1.01 ELIGIBILITY CRITERIA Tenderer should have capacity to procure Cold Drawn Seamless Stainless Steel Tube/Pipe in material of construction of 25Cr.-22Ni-2Mo [UNS S31050] conforming to ASTM, Saipem Specifications SPC.CR.UR.510, Rev.03 September 2003 and other specifications mentioned in the Tender Notice with Third Party Inspection by M/s. Lloyds [LRA] / TUV from reputed manufacturers of Material of Construction of 25Cr-22Ni-2MO [UNS S31050] on its own. The Vendor shall give self-certification along with necessary documentary evidences in support of their claim. 1.02 Tenderer should confirm that machining of Ferrules and Transition Pieces, which is a critical component, shall be carried out at their own works or get it machined from their Sub-Vendor under their supervision in order to maintain strict quality control as well as to ensure its availability for inspection at all times. Tenderer or their Sub-Vendors should have suitable Precision Machines with required Jigs and Fixtures to machine Transition Pieces having Tangential Holes of 3.1mm Diameter as per our drawings. A list giving details of Machines, Equipments and Instruments etc. available with them shall be submitted by the tenderers along with the Un-Priced Bid. 1.03 Tenderer should have necessary facilities to arrange Final Inspection and Testing like Dimensional Check and should be able to engage Third Party Inspection Agency like M/s. LRA / TUV for the job. Vendor shall submit self-certification along with documentary evidence in this regard with Un-Priced Bid. Contd..2 :2: 1.04 Tenderer should have sufficient experience of Manufacturing & Supplying similar parts having Tangential Holes, which require precision machining for critical services to Fertilizers or Petrochemical Industries in the last five years. Tender shall furnish documentary evidence like copies of Purchase Orders, Performance Certificates etc. in support of the same along with their technical bid. Note: Tenderers must submit documentary evidences along with the UnPriced Techno-Commerical Bid in support of their claim that they meet/comply with all the above mentioned Eligibility Criteria. GENERAL TERMS & CONDITIONS 2.00 Submission of Tender 2.01 For tenders received in unsealed/stapled/open condition or without superscription, resulting in opening of tender before due date, the risk and responsibility of losing confidentiality shall rest with the tenderer. 2.02 In case tenders are delivered through personal/private courier after opening, it shall be termed as LATE OFFER and hence likely to be REJECTED. 2.03 Techno-Commercial Bid (Unpriced Bid) and Priced Bid will be submitted in two separate envelopes as in Para 2.04 and 2.05. Both these envelopes will be put in a third envelope duly superscribed with our Tender No. as “Tender No. NFV:MM:PUR:E-AMU120942+ AMU120943-J dated 25–January-2013, Due on: 06-March-2013”. 2.04 First Envelope: In the first envelope, tenderers will submit Techno-commercial Bid consisting of following:i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) xii) xiii) Earnest Money Deposit as per Clause No. 3.0 of this Tender Document. Technical Specifications with detailed technical literature, catalogue and other technical details. Commercial terms and conditions of supply such as terms for supply on FOB/FCA/FOR basis, delivery period, applicable taxes & payment terms etc. One set of these tender documents, including all the Annexures, duly signed on each page, towards acceptance of all terms & conditions Deviations from our specifications / technical conditions, (if any) Confirmation for acceptance of order for part quantities Unpriced format of price-bid duly signed as per Annexure-V/Annexure-VI indicating applicable rates of taxes and duties, all charges etc on absolute value basis, if any. Confirmation that validity of bid is for 120 days from the bid opening date Net weight/ gross weight/ dimensions etc. of the items being offered. Confirmation that the offered Ex-works rates shall remain firm till complete execution of supplies. H.S. Classification Code (in case of Foreign Bidders) Copies of Balance Sheet for the last three years in support of financial capability of the tender Documentary Evidence in support of meeting the Eligibility Criteria as per Clause 1 above. 2.05 Second Envelope: The Second Envelope will contain ONLY the ‘Price Bid’ in duplicate on tenderer’s letterhead as per the “PRICE-BID” format (Annexure-V for Indian bidders and Annexure-VI for Foreign bidders). 2.06 Tenders shall be submitted by 1300 hrs. on 06-March-2013. No tender after the specified time and date will be accepted. NFL will not be responsible for any postal delays/ loss. ..3 :3: 2.07 PART-I (i.e. Unpriced Techno-Commercial Bid) shall be opened at 14:30 hrs. on 06th March 2013 in the presence of tenderers or their accredited representatives, who wish to be present. 2.08 PART-II (Price Bid) shall be opened subsequently subject to acceptance of TechnoCommercial Bid. Opening date will be intimated to all those tenderers, who are found technically & commercially acceptable to NFL. 2.09 In case, due to some unforeseen circumstances, the date of receiving/opening of the tender happens to be a holiday/closed day, the tender will be received and opened on the next working day. 2.10 Quotations must be legible, clear and free from overwriting/erasures. Any overwriting/cutting/erasure should be authenticated by signing over such cuttings/overwriting/erasures. Incomplete quotations are liable to be summarily rejected. 2.11 NFL will have the right to issue addendum to tender documents to clarify, amend, modify, supplement or delete any of the conditions, clauses or items stated. Addendum so issued will form part of original invitation to tender. 2.12 Postponement of Tender Opening Date NFL reserves the right to postpone the tender opening date and/or time under any circumstances whatsoever and will intimate all the tenderers well in time, of such postponement along with notice of revised opening date and time. 2.13 Incomplete tender submitted with qualifying conditions at variance with the Terms & Conditions of the tender, are liable to be rejected summarily. Therefore, tenderers are advised to scrutinize the terms & conditions of this tender thoroughly. 2.14 Whenever the bidder is silent about the acceptance of NIT conditions such as bank guarantee, warranty period, liquidated damages etc, it shall be presumed that the bidder has accepted NIT conditions and no further correspondence seeking specific confirmation about acceptance of these conditions shall be made. 2.15 In case of non-compliance of Commercial Terms & Conditions of NIT, loading criteria as per Annexure-III shall be applicable at the sole option of NFL. 2.16 Any clarification on procedure, tender specifications etc. (both technical and commercial) can be had from the office of Chief Manager (Materials) any time before tender closing date and either personally or by post/fax/e.mail. Postal delays shall not cause postponement of tender processing dates and tenderers, in their own interest, shall take all steps that are necessary for them to participate in tender well in time. 2.17 Bidders may ensure that their tender documents/offer has been signed by appropriate/authorized representative of the Company. Withdrawal of offer/ nonacceptance of orders placed based on offers submitted by bidder's on their letter head will not be allowed on the grounds that offer was not signed by authorized person. 2.18 Only one tender is to be submitted by one tenderer. 2.19 One person will be allowed to represent only one company during discussions/negotiations with NFL. If same person is representing different companies with authorization letter from more than one company, such person will be allowed to represent only the first company called for negotiations. 2.20 The prospective tenderers having any common partners/Directors/Managing partners, etc. or having any other common criteria shall be considered as Sister/Group/Associate Company. In such cases, only one of them will be eligible for participating in the tender. ..4 :4: Tenderers have to submit a declaration along with the Technical Bid: (a) (b) That no other Firm/Sister Concern/Associate belonging to the same group is participating/submitting offer against this tender. That the bidders, their associates, sister concerns etc. have not been blacklisted by any Institutional Agency/Government Department/Public Sector Undertakings in the last two years. In case of concealment of any fact, if detected later on, such tenderer will be debarred from all future dealings with NFL. 2.21 It shall be certified by the tenderer that none of the NFL employee is related to owners/Directors. (In case any relative is working in NFL, furnish details separately). 2.22 It shall be certified by the tenderer that none of NFL’s ex-employee is employed with them. (In case any ex-employee of NFL is employed, furnish details separately). 2.23 It shall be certified by the tenderer that none of blood relation of the owners/directors is participating in this tender in the name of other firm. 2.24 MSMED Declaration: In case you are registered as MICRO, SMALL or MEDIUM Enterprise under ‘The Micro, Small & Medium Enterprise Development Act, 2006 (MSMED Act)’ promulgated by Government of India Vide Notification dated 16/06/2006, please indicate the relevant category in your offer and also enclose a copy of the Certificate issued by the concerned authorities. It may also be confirmed by the Bidders that the MSEs owned by SC/ST Entreprenuer/s and in support of their claim, attach a copy of relevant Certificates issued by authorities concerned with their Unpriced Techno-Commercial Bid. 2.25 Cost of Bidding The Bidder shall bear all the costs associated with the preparation and submission of the Bid and the NFL (hereafter referred as ‘Owner) in no case, be responsible or liable for these co, regardless of the conduct or outcome of the bidding process. 2.26 Bidding Documents The Bidder is expected to examine all instructions, forms, terms and conditions in the bidding documents. the invitation to bid together with all its attachments thereto shall be considered to be read, understood and accepted by the Bidder, unless deviations are specifically stated in the seriatim by the bidder. Failure to furnish all information required by bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at bidder’s risk and may result in the rejection of bid. 2.27 Clarification of bidding documents A prospective Bidder requiring any clarification on procedure, tender specifications etc. (both technical and commercial) can be had from NFL (Dy. General Manager (Matls)) in writing by e-mail/fax/letter so as to ensure submission of bid on or before the bid closing date. NFL may respond in writing to such queries which are received within two weeks from the date of issue of the bidding documents. Postal delays shall not cause postponement of tender processing dates and tenderers, in their own interest, shall take all steps that are necessary for them to participate in tender well in time. 2.28 Language of Bid The bid prepared by the Bidder and all correspondence/drawings and documents relating to the bid exchanged between the Bidder and the Owner shall be written in English language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by English translation in which case, for purpose of interpretation of the bid, the English translation shall govern. ..5 :5: 2.29 NFL’s right to accept any Bid and to reject any or all bids: Notwithstanding anything to the contrary contained herein, NFL reserves the right to accept or reject any Bid/all Bids, in whole or in part and/or accept other than the lowest bid and to annul the bidding process and reject all bids at any time prior to award of Purchase Order, without thereby incurring any liability to the affected bidder or bidders or of any obligation to inform the affected bidder or bidders of the grounds for NFL’s rejection. NFL also reserves the right to itself to split and place order on more than one supplier. 2.30 Modifications and Withdrawal of Bids: The Bidder may modify or withdraw the Bid after its submission, provided that written notice of the modification or withdrawal is received by NFL prior to the deadline prescribed for submission of Bids. A Withdrawal Notice may also be sent by E-Mail or Fax but followed by a signed confirmation copy by post, marked not later than the deadline for submission of Bids. No Bid can be withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid Validity specified by the Bidder in the Bid. 2.31 ANY EXCEPTIONS/DEVIATIONS TO THE NIT SHALL BE SPECIFICALLY STATED IN A SEPARATE ANNEXURE TO QUOTATION TITLED “DEVIATIONS”. 2.32 It shall be noted by the Bidders that if a Contract is placed on a Bidder other than the lowest acceptable Bidder for consideration of Delivery Schedule alone, such Selected Bidder/Supplier shall be liable to pay to NFL the difference in price between the contract and the corresponding price of the lowest bidder in case of failure to complete the supplies in terms of such order within the date of delivery specified in the Bid and incorporated in the Order. This is without prejudice to NFL’s rights under the terms of order including the pre-determined and mutually agreed damages applicable for such delay. The application of such clause shall be notified to the Contract as a part of contract. 2.33 VALIDITY OF BID Tenders must be valid for acceptance for 120 days from the tender opening date. 2.34 Subsequent to an order being placed against your quotation, received in response to this 'enquiry', if it is found that the materials supplied are not of the right quality or not in accordance with our specifications (required by us) or received in damaged or broken conditions, not satisfactory owing to any reason of which we shall be the sole judge, we shall be entitled to reject the materials, cancel the contract and buy our requirement from the open market/ other sources and recover the loss, if any, from the supplier reserving to ourselves the right to forfeit the security deposit, furnished by the supplier against the contract. The supplier will make his own arrangements to remove the rejected materials within a fortnight of instruction to do so. Thereafter, materials will lie entirely at the supplier's risk and responsibility and storage charges, along with any other charges applicable, will be recoverable from the supplier. 2.35 In case a tenderer is not interested to quote, a regret letter giving reasons for the same must be sent to us. In case any tenderer regularly abstains from submitting quotation, we may be constrained to delist the tenderer from our vendor list. 3.00 3.01 EARNEST MONEY DEPOSIT (EMD) Tenders must be accompanied by Earnest Money Deposit of Rs. 1,00,000/- (Rupees One Lakh only) or USD 1,800.00 (US Dollars One Thousand Eight Hundred only) or equivalent in quoted currency. EMD can be submitted in the form of: i. a Crossed Demand Draft only in favour of National Fertilizers Limited payable on State Bank of India, Bavrikhera Branch, NFL Complex, Vijaipur (INDIA), (Branch Code : 8455). D.D. payable at locations other than above will not be accepted. …6 :6: OR ii. a Bank Guarantee in the NFL’s prescribed format from any Indian Nationalized Bank/Indian Scheduled Bank (for Foreign Vendors) and any Nationalized/Scheduled Bank (for Indian Vendors). However, Bank Guarantees from Rural & Co-operative Banks shall not be accepted in any case. In case the Bank Guarantee is from an overseas bank (in the case of foreign Vendors), the same shall be got counter-guaranteed by an Indian International Nationalized/Scheduled Bank. The Bank Guarantee shall be valid for a minimum period of 120 days and the Tenderer shall give an undertaking for extension of the validity of the BG in case the same is desired by NFL. Cheques shall not be accepted in any case. 3.02 Earnest money will be forfeited at the sole discretion of NFL, in case tenderer after intimation from NFL of the acceptance of his tender, either wholly or in part, refuses to accept the Purchase Order or changes any of the conditions of the tender or changes the rates and/or terms and conditions of the tender within validity period. If the successful tenderer does not deposit the security as stipulated in the Purchase Order, EMD will be forfeited without further reference. 3.03 Earnest Money deposited by unsuccessful tenderers will be returned as early as possible after finalization of the tender. 3.04 Earnest Money Deposit will not bear any interest. 4.00 4.01 SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE: The successful tenderer, for the faithful performance of the Contract, will furnish Security Deposit cum Performance Guarantee equivalent to 5% of Order Value [Minimum Rs. 3.75 Lakh] within 30 days of issue of Purchase Order. 4.02 If Security Deposit-cum-Performance Guarantee is made in the form of Crossed Demand Draft in favour of National Fertilizers Limited, it should be payable at State Bank of India, Bavrikhera Branch, NFL Complex, Vijaipur (INDIA), (Branch Code : 8455). D.D. payable at locations other than above will not be accepted. 4.03 The tenderer will also have the option to furnish Security Deposit-cum-Performance Guarantee by way of Bank Guarantee from any of the Indian Nationalized/Scheduled Bank (for Foreign Vendors) / Nationalized/ Scheduled Banks (For Indian Vendors) excluding Rural and Co-operative Banks, in the Performa specified by NFL. The Bank Guarantee must be valid to cover Delivery Period + Guarantee Period + Three Months Claim Period. In case the Bank Guarantee is from an overseas bank, the same shall be got counter-guaranteed by an Indian Scheduled Bank. 4.04 The tenderer will also have the option to furnish SD-cum-Performance Guarantee by way of pledging of FDRs/Govt. Securities or Call Deposits. 4.05 Cheques will not be accepted in any case. 4.06 The Security Deposit-cum-Performance Guarantee will be retained by NFL during the currency of contract or till settlement of all the accounts thereof, whichever is later. In case any dispute or difference not settled within the validity of Bank Guarantee, tenderer will arrange to get the bank guarantee extended as asked for. NFL, at its sole discretion can call in the Bank to pay the whole or part of the amount of Bank Guarantee. …7 :7: 4.07 The above deposit will be deemed to be security for the faithful performance of the contract and for the purpose of Section 74 of the Indian Contract Act, 1872 and for the extension of that section. In the event of any breach of any terms and conditions of the contract, NFL will have the right to draw from the Bank Guarantee/Security Deposit-cumPerformance Guarantee either the whole or part of value of the same and tenderer will make good the value of Bank Guarantee/ Security Deposit-cum-Performance Guarantee to the extent of the amount so drawn within 15 days of receipt of intimation from NFL to this effect. 4.08 The amount so drawn will not in any way effect any remedy, to which NFL may otherwise be entitled or any liability incurred by tenderer under the contract or any law for the time being in force relating thereto or bearing thereupon. 4.09 In the event of the forfeiture of whole or part of the security cum performance deposit, the tenderer will deposit further sum/sums, so as to maintain the full security deposit amount as per Para 6.1.0 above. 4.10 The Security Deposit-cum-Performance Guarantee will be refunded after contract has been successfully completed. It will be lawful for NFL, if any difference or dispute is likely to exist, to defer payment of the security cum performance deposit or any portion thereof which may be due for release until such difference and dispute had been finally settled or adjusted. 4.11 The security deposit-cum-Performance Guarantee will not bear any interest. 5.00 Guarantee/Warranty Certificate Successful tenderer shall furnish Guarantee/Warranty Certificate against manufacturing defects/poor workmanship valid for a period of 18 months from the date of supply or 12 months from the date of installation/commissioning, whichever is earlier. Guarantee/ Warranty Certificate shall be submitted along with dispatch documents/supply. 6.00 6.01 PRICE SUBMISSION: For Foreign Bidders: Foreign bidders shall quote the prices on FCA, International Airport of the country concerned basis as per INCOTERMS 2010 in case of Air-freighting as per price format given in annexure attached for Price Bid Format for Indian bidders at Annexure-VI. The consignment shall be forwarded through our Consolidation-cum-Forwarding Agent (Name and Address of Forwarding shall be intimated at the time of placement of Purchase Order) and their House Air Way Bill will only be acceptable in the event of placement of Order. In case of Sea-freighting, prices shall be quoted on F.O.B. SEAPORT basis (Please indicate Port of Embarkation in your quotation). 6.02 Please note that in case the offer is being submitted through your Indian Agent, if any, or being submitted by the Indian Agent, on behalf of you, such offers must be accompanied by a valid Authorization Certificate of yours allowing that Indian Agent to quote against the above said Enquiry. Offers received from your Indian Agent/s without proper authorization shall not be considered for acceptance/placement of orders. 6.03 Agency Commission: Percentage of Agency Commission, if any, included in quoted prices and payable to your Indian Agents in Indian Currency must be clearly indicated. Agency Commission, if applicable, will be paid after satisfactory receipt and inspection of material at our site. The Name and Address of your Indian Agent should be given in the quotation. ..8 :8: 6.04 For Indian Bidders: Indian bidders shall quote the rates on FOR – NFL Stores, Vijaipur basis giving the break-up of prices as per price format given in annexure attached for Price Bid Format for Indian bidders at Annexure-V. If for any reason, prices tendered are for delivery FOR forwarding station, the freight charges together with the gross weight of the material should be clearly mentioned in the quotation. In case the rates quoted are Ex-Godown/ Ex-Factory, the packing and forwarding charges should either be included in price or stated separately in definite terms (if applicable). NFL, shall, however, reserve the right to enter into a contract either on Ex-Works, F.O.R. Despatch Station or F.O.R. Destination basis at its sole discretion. 6.05 Taxes and Duties: i. Excise Duty/other levies should be indicated separately. The same shall be paid against submission of documentary evidence. ii. In case Sales Tax/VAT is chargeable extra, the rate of sales Tax/VAT applicable must be clearly mentioned in the quotation. Tenderers must also mention their Sales Tax/VAT Regn. No. in the quotations. 6.06 Packing and Forwarding Charges: P&F Charges should either be included in the quoted price or stated separately in definite terms (if applicable). 6.07 The tenderer shall quote the price strictly as per the Proforma enclosed for schedule of prices. Parties should quote one rate for specific quantity quoted by them. Tenders with quotation of different rate for different quantities shall be rejected without any further reference 6.08 The rates should be exclusive of transit insurance from Despatch Stations to our warehouse. The goods shall be covered under NFL’s Open Marine Policy/ NFL Open policy 6.09 Quoted rate(s) on FOB/FCA, Seaport/International Airport (Overseas Vendors) and Ex-works/FOR prices (Indian Vendors) will remain firm till the complete execution of the order. Vendors should confirm the same in their offers. 6.10 In case of Third Party Inspection Charges/Test Charges are payable extra, then please indicate the charges separately in your price bid, which shall be paid extra at actual against submission of documentary evidence along with dispatch documents subject to a maximum of those indicated in the price bid. 6.11 Prices shall be written clearly in both words and figures, free from any cutting, addition, erasing or in different ink etc.. Overwritings/Cuttings shall be avoided and the Bidder must sign the overwritings/cutting etc. of any. In the event of any error in computing with respect to rate and the total value, the total value quoted by the Bidder will be taken into account for consideration for the purpose of evaluation. Similarly, if an amount is expressed in figures as well as words, the amount given in words will prevail. 6.12 The tenderer shall quote the price strictly as per the Proforma enclosed for schedule of prices. Parties should quote one rate for specific quantity quoted by them. Tenders with quotation of different rate for different quantities shall be rejected without any further reference …9 :9: 6.13 Conversion to Single Currency To facilitate evaluation and comparison, NFL will convert all bid prices expressed in the amounts in various currencies in which bid price is payable, to Indian Rupees based on exchange rate for TT Selling on a day prior to the date of price bid opening as published in reputed/largely circulated Newspapers such as Economic times (India)/Financial Express (India) etc. However, evaluation may be rechecked with such exchange rate as on the date of decision on vendor selection. 7.00 7.01 PAYMENT TERMS: NFL will not make any advance/progressive payments. Offers with advance payment terms are liable to be ignored/will be loaded suitably at the sole discretion of NFL. 7.02 For Foreign Bidders: Our Standard Payment Terms are by means of an Irrevocable Letter of Credit for foreign bidders. 7.03 Please note that your Banker’s charges including confirmation charges of Letter of Credit shall have to be borne by you. However, Bank Charges in India shall be borne by NFL. Also in case of an Order, if validity of Letter of Credit is required to be got extended/ amended for reasons for which NFL is not responsible then the Bank Commission for such extensions/amendments of Letter of Credit shall be borne by you. 7.04 For Indian Bidders Payment terms for Indian bidders shall be “100% Payment within 30 days of receipt and acceptance of material at site through RTGS/NEFT modes”. For this, Bidders are required to give the following details in their quotations: a) b) c) d) Name of the Bank, Branch’s Name and address and Branch Code Account Number and Type RTGS/IFSC/MICR Code of the Bank Your acceptance for release of payment through RTGS/NEFT Our Bankers: STATE BANK OF INDIA, BAVRIKHERA BRANCH (CODE: 8455), NFL COMPLEX, VIJAIPUR-473111, DIST. GUNA (MP). 8.00 Delivery Period: Tenderers should quote shortest possible delivery period 9.00 9.01 For Foreign Vendors Goods received short or in damaged condition will have to be replaced by the Supplier FREE OF COST with Custom Duty, Freight & Insurance Charges to the Supplier's account, if such shortages or damages are not due to peril in transit. 9.02 In case (a) (b) (c) (d) (e) (f) (g) (h) 9.04 In case the quantities of material shipped are not found as per Invoice, the Custom Duty and other Charges in case of foreign bidders, if any, payable by NFL on the short supplied items will have to be reimbursed by you to NFL …10 of an Order, Vendors will have to furnish following dispatch documents: Signed Invoice Air Way Bill/ Bill of Lading Packing List Certificate of Origin [Please specify Country of Origin in your quotation] Test/Conformity/Interchangeability Certificate Guarantee Certificate Prior Fax/Cable Advice to Insurance Company giving details of shipment Phytosanitary Certificate :10: 9.05 Requirement of Phytosanitary Certificate : i) As per the orders of Government of India, no article packed with raw/solid wood packaging material shall be allowed to be imported in India unless the wood packing material has been properly treated and marked as per ISPM-15 or is accompanied by a Phytosanitary Certificate with the treatment endorsed. ii) The treatment of raw/solid wood packing material prior to export shall include either methyl bromide (MB) @ 48 g/m3 for 16 hours at 21oC and above or any equivalent thereof or heat treatment (HT) of 56oC for 30 min. (core temperature of wood) or Kiln Drying (KD) or Chemical Pressure Impregnation (CPI) or any other treatment provided that these meet the HT specifications of the ISPM-15. iii) Any article, if found packed with raw/solid wood packaging material without specified treatment and without marking as per ISPM-15 or if not accompanied by phytosanitary certificate with treatment endorsed, as the case may be, shall be considered untreated and import of material shall not be allowed and such material shall be released by the Custom Authorities only after ensuring that wood packaging material has been properly treated at the point of entry under the supervision of Plant Quarantine Officer which shall result in extra cost and delay in clearance of material resulting in levy of penalties/wharfage etc. All such extra cost/penalties/wharf-age shall be recoverable from the supplier. iv) Provided that above conditions shall not be applicable to wood packaging material wholly made of processed wood products such as plywood, particle board, oriental strand board or veneer that have been created using glue, heat and pressure or combination thereof. Also the above conditions shall not be applicable to wood packaging material such as veneer peeler cores, saw dust, wood wool and shavings and thin wood pieces (less than 6 mm thickness), unless they are found to be harbouring any regulated pests specified. PLEASE CONFIRM THAT IN CASE OF PLACEMENT OF ORDER, YOU WILL ENSURE COMPLIANCE OF THE ABOVE. 10.00 11.00 12.00 Destination for booking: For Foreign Vendors: a. By Air b. By Sea - IGI Airport, New Delhi, India Mumbai Seaport, Mumbai, India For Indian Vendors: a. By Road: - DOOR DELIVERY AT NFL VIJAIPUR SITE IN CASE OF FULL TRUCK LOADS GUNA, IN CASE OF SMALLS b. Consignee: SR. MANAGER - MATERIALS (STORES) NATIONAL FERTILIZERS LIMITED VIJAIPUR - 473 111, DIST. GUNA (MP) Delivery: In case of delayed delivery beyond the stipulated delivery even though normal extension of completion time is allowed by NFL, all extra costs on account of changes of statutory regulations/Acts, or increase in price on any other account including price, if any, shall not apply to the Purchase Order Price and shall be borne by the Supplier. Liquidated Damages/Penalty for Late Deliveries: It shall be obligatory on the part of suppliers to adhere strictly to the deliveries quoted and accepted by us in our orders. In case of delay in supplies, unless extension of delivery has been granted by us on application by the suppliers, we may at our option either: ..11 :11: (i) (ii) (iii) recover liquidated damages from supplier at a sum equal to ½% per week or part thereof of the value of stores not delivered subject to a maximum of 5% of the value of the order, or purchase elsewhere on account and at the risk and cost of the suppliers the stores not delivered or cancel the contract without prejudice to our rights under (i) & (ii) above. 13.00 Award of Contract: Offers shall be evaluated on landed cost of item(s) at NFL, Vijaipur basis. Award of contract will be made at the sole and absolute discretion of National Fertilizers Ltd., which shall not be disputed. NFL also reserves the right to itsef to split and place order on more than on supplier. The terms & conditions as embodied in the purchase order shall be final and shall supersede any other terms & condition that might have been indicated in the tender submitted by the Bidders. 14.00 Subletting of Contract The successful tenderer shall not sublet or assign the contract or any part of it without obtaining the written permission of NFL in advance. In the event of the successful tenderer subletting or assigning the contract or any part thereof without such permission, NFL shall be entitled to cancel the contract and to purchase the goods elsewhere and successful tenderer shall be liable to the National Fertilizers Ltd for any loss or damage which NFL may sustain in consequence or arising out of such purchases. Even in case subletting is permitted, NFL shall not recognize any contractual obligation with the person or party to whom subletting is permitted and shall look to the successful tenderer for satisfactory and due and proper fulfillment of the contract. 15.00 Clear Understanding When a tenderer submits his tender in response to this tender document, he will be deemed to have understood fully all requirements, terms and conditions. No request will be entertained on a pretext that the tenderer did not have a clear idea on any particular point and/or a clause of the tender. 16.00 Secrecy The contract shall be regarded as secret and confidential and shall not without the written consent of NFL be published or disclosed to any third party or made use of by the supplier except for the purpose of implementing the contract. 17.00 17.01 Force Majeure Neither party will be liable for any claim on account of any loss, damage or compensation, whatsoever, arising out of any failure to carry out the terms of this contract, where such failure is caused due to war, rebellion, mutiny, civil commotion, fire, riots, earthquake, drought, flood crop failure, or Act of God or due to any restraint or regulation of the State or Central Government or a local authority/ies, provided a notice of such occurrence is given to the other party in writing within 10 days from the date of occurrence of the force majeure condition, furnishing therewith a documentary evidence supporting the invoking of the force majeure clause. On cessation of the force majeure, the party invoking force majeure will inform the other party of the period for which the force majeure condition continued and will also give documentary evidence thereof this effect. 17.02 Should one or both the Parties be prevented from fulfilling the contractual obligations by a state of Force Majeure lasting continuously for a period of six (6) weeks, the two parties shall consult each other regarding the future of the Purchase Order. Mere shortage of labour, materials or utilities shall not constitute Force Majeure unless caused by circumstances which are themselves Force Majeure, if due to Force Majeure delay caused exceeds more than three (3) months, NFL shall have the right to cancel the Purchase Order at no charge to NFL in supplier’s favour and NFL shall be entitled to the reimbursement of any amount already paid to supplier. …12 :12: 17.03 Supplier shall endeavor to prevent, overcome or remove the cause of Force Majeure. 17.04 No ground for exemption can be invoked if Supplier has failed to give timely Notice by Registered Letter and subsequently supported it by documentary evidence. 18.00 18.01 Disputes: In all cases of disputes, the decision of National Fertilizers Limited shall be final. Failing this, the matter will be referred to the Arbitration in accordance with the Indian Arbitration Act and amendments thereof. 18.02 Resolution of Disputes/Arbitration NFL and the Supplier shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the purchase order. 18.03 If, after thirty (30) days from the commencement of such informal negotiations, NFL and the Supplier have been unable to resolve amicably a Purchase Order dispute, either party may require that the dispute, be referred for resolution to the formal mechanisms as specified hereunder. 18.04 Legal Construction Subject to provision of Article 19.00 below, the Purchase Order shall be, in all respects, construed and operated as an Indian Contract and in accordance with Indian Laws as in force for the time being and is subject to the jurisdiction of Guna (MP) courts. 19.00 19.01 ARBITRATION: For Indian Bidders: “Except where otherwise provided in the contract all matters, questions, disputes, or differences whatsoever which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to the arbitration of Designated Unit Head / E.D / Functional Director / Chairman & the Managing Director, NFL or his/her nominee. The Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there-under shall govern the Arbitration proceedings. 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 that in the course of his duties as such he has expressed his views on all or any of the matter in dispute or differences. If the arbitrator to whom matter is referred, vacates his/her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his predecessor left or at any such stage he may deem fit. It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the disputes/differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate of SBI PLR/Base Rate as applicable to NFL on the date of award of contract.”. ..13 :13: 19.02 For Overseas Bidders: Arbitration provisions in accordance with the rules of ICC will be applicable for Overseas Suppliers. 19.03 Execution of Purchase Order shall be continued by the Supplier during the Arbitration proceedings unless otherwise directed in writing by NFL. 20.00 Laws governing Purchase Order: The laws or Union of India for the time being in force shall govern the purchase order. 21.00 Patents In the event of order, the Tenderer shall agree to indemnify the NFL or/and hold it/them harmless from against all claims, liability, loss, damage or expense including counsel fees arising from or by reasons of an action or claimed trade mark patent or copyright infringement or any litigation based hereon with respect of any part of the quoted items and such obligation shall survive acceptance of and payment for the items. 22.00 Indemnity In the event of order, the Tenderer shall indemnify and save harmless NFL and or customer from all claims, losses, demands, causes of action or studies arising out of the services, labour, equipment and material supplied. 23.00 Acceptance With the acceptance of Purchase Order with all its terms and conditions, Seller waive and consider as void any and all of Seller’s General Sales Conditions. 23.00 Jurisdiction All actions at law or suits arising out of or in connection with this contract or the subject matter thereof will be instituted in Guna Courts in Guna district in the State of Madhya Pradesh. 24.00 This NIT is available on our website www.nationalfertilizers.com under link ‘Open Tender’. This NIT is also available on Central Public Procurement portal http://eprocure.gov.in. Thanking you, Yours faithfully, For & on behalf of National Fertilizers Ltd. DY. GENERAL MANAGER (MATERIALS) National Fertilizers Limited, Vijaipur (MP, India) Annexure-I NIT No. NFV:MM:PUR:E-AMA120942+AMA120943-J1 dated 25-January-2013 Sl. No. 1 2 NFL Matl Code UE0001227 UE1001836 Item Description FERRULES Material of Construction: 25Cr-22Ni-2Mo (UNS S31050) Manufactured from Cold Drawn Seamless SS Tube/Pipe Size: O.D. 25.40mm x I.D. 20.00mm Conforming to ASTM A213 / A312 and Saipem Specifications: SPC.CR.UR.510 Rev.03 September 2003 Heat Treatment: Solution Annealed Marking: ASTM A450; Finish: Pickled; Free of Scale as per Drawing No. NFVP/M/U/UREA-1/E-1/02 (Rev.0) TRANSITION PIECE Material of Construction: 25Cr-22Ni-2Mo (UNS S31050) Manufactured from Cold Drawn Seamless SS Tube/Pipe, Size of Tube: O.D 25.40 mm X I.D 20.00 mm; Conforming to ASTM A213 / A312 and Saipem Specifications: SPC.CR.UR.510, Rev.03 September 2003, Heat Treatment: Solution Annealed, Marking: ASTM A450, Finish: Pickled; Free of Scale as per Drawing No. NFVP/M/UREA-1/E-1/01 (Rev.0) For Ferrule of Urea Stripper 11/21-E-1 Quantity (No.) 1680.00 (One Thousand Eight Hundred Nos.) 1,700 (One (Thousand Seven Hundred Nos.) Special Notes: 1. Vendors shall submit the Quality Assurance Plan along with their Un-priced Techno-Commercial Bid (Part-I Bid). The Quality Assurance Plan of Vendor shall be in line with the attached format of QAP [Annexure-III). 2. a. b. The Ferrules shall be fabricated as per NFL Drawing No. NFVP/M/UREA1/E-1/02 (Rev.0). The Transition Pieces shall be fabricated as per NFL Drawing No. NFVP/M/UREA-1/E-1/01 (Rev.) You shall submit the signed copies of the drawings along with your quotation confirming the acceptance. 3. The material shall be supplied under following conditions. Please confirm your compliance/acceptance for the same in the Un-priced Techno-Commercial Bid (Part-I Bid): …2 :2: 3. i. The Ferrules / Transition Pieces shall be manufactured from Cold Drawn Seamless Stainless Steel Tubes/Pipes conforming to ASTM A213/ ASTM A312 and M/s. Saipem Specification SPC.CR.UR.510. Rev.03, September 2003 ii. All the Tests conforming to ASTM A213/A312 & M/s. Saipem Specification SPC.CR.UR.510. Rev.03, September 2003 shall be carried out iii. The Cold Drawn Seamless Stainless Steel Tubes/Pipes shall be procured under Third Party Inspection of M/s. Lloyds / TUV iv. The material shall be securely packed in a good road-transport worthy packing to avoid damage during transit/storage. The successful tenderer shall have to submit the following Documents/ Certificates, in original, duly signed and stamped by TPI Agency at NO EXTRA COST to NFL along with despatch documents/supply. You shall confirm your acceptance of the same in your Un-Priced Techno-Commercial Bid:i. Third Party Inspection Report for the Cold Drawn Seamless Stainless Steel Tubes/Pipes ii. Material Test Certificate indicating Chemical Composition and Physical & Mechanical Properties for the Tube/Pipe iii. Hardness Test Certificate for the Tube/Pipe iv. Heat Treatment Certificate for the Tube/Pipe v. Corrosion Test i.e. “HUEY Test” Report according to ASTM A262 Practice C for the Tube/Pipe vi. Metallographic Examination Report for the Tube/Pipe vii. Ferrite Check Report for the Tube/Pipe viii. Hydrostatic Test Report for each Tube/Pipe at 10.0 MPa with Holding Time of 5 seconds ix. Dimensional Check Report of the Ferrules / Transition Pieces 4. In case of Third Party Inspection Charges/any of the above test charges are payable extra, please indicate the charges separately in your Price Bid, which shall be paid extra at actual against documentary evidence along with dispatch documents subject to a maximum of those indicated in the price bid. 5. Confirm that you will guarantee the offered items against any manufacturing defect for a period of 12 months from the date of installation / 18 months from the date of supply, whichever is earlier and will submit the Guarantee Certificate along with dispatch documents/supply. For Dy. General Manager - Materials National Fertilizers Limited, Vijaipur Annexure-V PROFORMA FOR PRICE BID FOR INDIAN BIDDERS (To be submitted on your Letterhead) Quotation Ref:_____________________ Dated :_____________________ The Dy. General Manager (Mtls) National Fertilizers Limited VIJAIPUR – 473111 Dist: Guna (MP) Sub: Your NIT No. NFV/MM/PUR/E-AMU120942+AMU120943-J1 dated 25-January-2013, Due on: 06-March-2013 for Ferrules and Transition Piece Dear Sir, With reference to above-mentioned tender, we hereby submit our Price Bid for subject material as under: S.No. Description 1 Basic Price 2 Discount (if any) 3 Basic Price after discount (In figures) Basic Price after discount (In Words) Item No. 1 (NFL Material Code: UE0001227) Item No. 2 (NFL Material Code: UE0001836) PRICE BASIS: EX-WORKS / FOR – OUR PLACE / FOR – DESTINATION [PLEASE SPECIFY] P & F Charges in % ( Extra or Inclusive – Please specify) Excise Duty including Cess in terms of % ( Extra or Inclusive – Please specify) VAT / CST @ 2% against Form C) (Extra or Inclusive – Please specify) Third Party Inspection Charges (Extra or Inclusive – Please specify). Indicate the name of TPI Agency Freight from our Works to Guna / NFL, Vijaipur [Extra or Inclusive - Please specify] Transit Insurance [By us / By NFL ] - Please specify Delivery Period Payment Terms Validity of offer from Tender opening Date (No. of days) 2. Our Bank Details for payment through RTGS/EFT: Account Number & Type : Name of the Bank : Branch Name & Code : Branch Address : IFSC/NEFT/RTGS/MICR Code : 3. I/We have read all the terms and conditions of the NIT and the Annexure(s) thereto and agree to accept and abide by the same in toto. The above quotation has been prepared after taking into account all the terms and conditions of the NIT. We enclose a break up of the various cost components quoted by us. Dated: (SEAL) Signature of Tenderer or Their Authorized Representative: ____________ Name & Address of Tenderer: _______________ _______________________________________ Phone No: ______________________________ Fax no.: ________________________________ E-Mail:__________________________________ National Fertilizers Limited, Vijaipur, MP, India Annexure-VI PRICE BID PROFORMA FOR OVERSEAS BIDDERS (To be submitted on Tenderer’s Letterhead) Dy. General Manager (Materials) National Fertilizers Limited Vijaipur – 473111 Dist: Guna (MP), India Sub: Your NIT No. NFV/MM/PUR/E-AMU120942+AMU120943-J1 dated 25-January-2013, Due on: 06-March-2013 for Ferrules and Transition Piece Dear Sir, 1. With reference to above-mentioned tender, we hereby submit our Price Bid for subject material as under:S.No. Description 1 Basic Price 2 Discount (if any) 3 Basic Price after discount (In figures) Basic Price after discount (In Words) PRICE BASIS: EX-WORKS / FOR – OUR PLACE / FOR – DESTINATION [PLEASE SPECIFY] Packing Charges (if any) 4 5 Item No. 1 (NFL Material Code: UE0001227) Item No. 2 (NFL Material Code: UE0001836) 8 Inland Freight from our Works to Port of Embarkation (i.e. FOB/FCA Charges) if any Third Party Inspection Charges (if any) Indicate the name of TPI Agency Miscellaneous Charges (if any, please specify) GRAND TOTAL (ON FOB / FCA Basis) 9 Delivery Period 10 Payment Terms 100% through Irrevocable Letter of Credit 11 Validity Period 120 Days 6 7 2. We have read all the terms and conditions of the NIT and the Annexure(s) thereto and agree to accept and abide by the same in toto. The above quotation has been prepared after taking into account all the terms and conditions of the NIT. We enclose a break up of the various cost components quoted by us. Dated: Place: Signature & Seal of Tenderer or their Authorised Representative __________________________ Name & Address of Tenderer: _______________ Phone No.: _____________________________ Fax No._________________________________ Email ID:_______________________________ National Fertilizers Limited, Vijaipur Annexure-VII NIT No. NFV:MM:PUR:E-AMU120942+AMU120943-J1 dated: 25-January-2013 LOADING CRITERIA The bidders must accept the terms and conditions stipulated in the NIT, failing which the bid is likely to be rejected at the sole discretion of NFL. However, NFL may at its sole discretion, accept bids having deviation to NIT terms and Conditions by adopting the following loading Criteria, wherever applicable. i. Offers received without EMD:EMD amount (absolute value), as required in the NIT shall be loaded on landed cost of total offer value. ii. a. Non-submission of Security Deposit The loading shall be adopted for shortfall in the bank guarantee agreed by the bidder. For example, NIT calls for bank guarantee for 10%, then loading shall be done as under:Bank guarantee for Security Deposit Less than 10%. Loading Criteria (10%-Quoted Percentage) of basic price @ Prime Lending Rate {SBI PLR} + 1% on shortfall in Bank Guarantee value agreed by the Bidder for delivery period with additional one month period b. Non-submission of Performance Bank Guarantee The loading shall be adopted for shortfall in the bank guarantee agreed by the bidder. For example, NIT calls for bank guarantee for 5%, then loading shall be done as under:PBG Quoted Less than 5%. Loading Criteria 5% - Quoted Percentage of CIF/Ex-Works Prices c. Loading on account of discrepancy in the Warranty/Guarantee Period Wherever Bidders quote reduced Warranty/Guarantee Period, following loading criteria shall be adopted: [5% of CIF/Ex-Works Price x (No. of Months as per NIT – No. of Months quoted] No. of Months as per NIT NOTE: If the sum of (b) and (c) above is more than 10% of CIF/ Ex-Works Prices, then the loading shall be limited to 10%. iii. Payment Terms NFL will not make any advance/progressive payments. NFL’s standard payment term is “100% within 30 days of receipt and acceptance of material at site.” The deviation in differential payment terms with respect to NIT Clause shall be loaded as under for interest @Prime Lending Rate (SBI PLR) + 1% for the period: 1 1a Against Payment for material/through Bank Foreign Bidders dispatch of 1b Indian Bidders 2 100% within 30 days of the receipt and acceptance of material at NFL Stores Three Months Depending on Delivery Conditions viz. Ex-Works – One and a Half Month FOR Destination – One Month Nil :2: Loading Criteria (Contd..) iv. Packing & Forwarding Wherever Bidders have not indicated P&F Charges, but mentioned that ‘P&F Charges extra at actual’, their Prices shall be loaded @2% of Ex-Works Prices or the maximum amount as quoted by another bidder whichever is higher. NFL’s maximum liability to pay P&F Charges shall be limited to the amount loaded for evaluation purpose. v. Liquidated damages due to delay in supplies:If deviation is noted in the quoted liquidated damages, the proportionate loading for shortfall shall be adopted. For example, NIT calls for 0.5% per week subject to maximum of 5% of the total order value, loading criteria shall be as under:a) b) c) d) Quoted Liquidated Damages 0.5% per week subject to a ceiling of 05% of total order value (Ex-Works/CIF Value) 0.5% per week subject to a ceiling of 2.5% of total order value. Liquidated Damages accepted on undelivered value instead of total order value. Non-acceptance of liquidated damages. Loading criteria No loading. 2.5% loading. 2.5% loading. 5% loading. vi. Third Party Inspection Charges Wherever Bidders have not indicated the TPI Charges in their quotations but mentioned that ‘TPI Charges extra at actual’, the highest Third Party Inspection Charges quoted by other Bidders shall be loaded for evaluation purpose vii. Loading of freight [Inland Transportation Charges] in percentage terms as under: While undertaking item-wise evaluation where item wise weights are not available, the following procedure shall be adopted for calculating transportation charges up to NFL site: i. ii. iii. Transportation from the vendors situatedwithin a distance of 400 KMS. Transportation from the vendors situatedwithin a distance of 401 to 800 KMS. Transportation from the vendors situatedat a distance of more than 800 KMS. 1% of CIF/Ex-works Prices 2% of CIF/Ex-works Prices 3% of CIF/Ex-works Prices All Indian parties are required to quote ex-works Price and freight charges up to NFL Site, compulsorily. If all the parties have given freight charges up to site the same shall be considered for evaluation. However, if only some parties have given freight charges, NFL reserves the right to load for such parties who have not quoted freight charges with freight charges as above. NFL’s decision on this regard shall be final and binding on these Bidders. viii. Loading of Ocean/Air Freight (Foreign Bidders): Offers of Foreign Bidders shall be loaded for Ocean/Air Freight as under:a. Ocean Freight b. Air Freight - @3% of FOB Value @5% of FCA Value For Dy. General Manager – Materials National Fertilizers Limited, Vijaipur ANNEXURE-VIII SPECIFIC CONFIRMATION BY VENDOR Note: Please submit this ANNEXURE duly filled, signed and stamped along with your Unpriced Techno-Commercial Bid 1. Complete Technical Specifications of offered items Indicated 2. a) Prices quoted are on F.O.R. NFL Vijaipur basis giving price break up as per Proforma for Price Bid (Annexure-I) Yes. 3. 4. 5. 6. 7. 8. b) Prices quoted are on FOB _______________ Seaport basis indicating Port of Embarkation / FCA ______________________ International Airport basis giving price break up as per Proforma for Price Bid (Annexure-II) Third Party Inspection Charges indicated separately in the Price Bid. Confirmed acceptance to reimbursement of TPI Charges of M/s. LRA/ TUV by NFL at actual against documentary evidence subject to the maximum of the indicated amount in the Price Bid EMD of Rs. 1.00 Lakh submitted. Yes Yes Furnishing of Security Deposit-cum-Performance Guarantee @5% of Order Value within 30 days of receipt of Purchase Order as per NIT Clause No. Acceptance of Liquidated Damages for Late Supply as per NIT Clause No. Delivery Period for supply of material from the date of receipt of PO Agreed a) Confirm acceptance of 100% payment through IRREVOCABLE LETTER OF CREDIT. Please note that in case you require CONFIRMED Irrevocable Letter of Credit, LC Confirmation Charges shall be borne by supplier. Agreed Agreed Indicated b) Confirm acceptance of 100% payment within 30 days of receipt and acceptance of material at site through RTGS 9. Confirm validity of offer for 120 days from the date of opening Yes 10. A copy of UNPRICED FORMAT of Price Bid is enclosed with TechnoCommercial Unpriced Bid (Part-I) Will guarantee the items as per NIT Clause No. Yes Indicated name of Third Party Inspection Agency in the Unpriced Techno-commercial Bid Attached relevant documentary evidence towards registration of the Company/Firm under MSMED Act 2006 and documentary evidence towards owning of the MSME by SC/ST Entrepreneur/s Accepted all the terms and conditions of our Tender Enquiry without any deviations and submitted a copy of the NIT duly signed in token of acceptance of terms and conditions Yes 11. 12. 13. 14. Yes Yes Yes. Name of Signatory_________________________ (in capitals) Designation of Signatory:____________________ Name & Address of the firm._________________ National Fertilizers Limited, Vijaipur (MP, India) Annexure-IX Bid security form [Non-Judicial Stamp paper to be drawn in the name of Issuing Bank] Draft of Bank Guarantee for Bid Security Deposit In consideration of National Fertilizers Limited (NFL), having its Registered Office at SCOPE Complex, Core-III, 7, Institutional Area, Lodhi Road, New Delhi-110 003 (hereinafter called as ‘NFL’ which expression shall unless repugnant to the subject or context includes its successors and assigns) having agreed to exempt ____________________________ (hereinafter called the, ‘the said tenderer(s)’ which expression shall unless repugnant to the subject or context includes his successors and assigns) from the demand under the terms and conditions of tender No ___________________ for ___________________ hereinafter called “the said tenderer’ of such Bid Security Deposit for the due fulfillment by the said tenderer(s) of the terms and conditions contained in the said tender _______________ for ____________ on production of Bank Guarantee for Rs. ___________ (Rupees ___________________ only). 1. We ___________________, the bank, hereinafter referred to as ‘the bank’ do hereby undertake to pay to NFL an amount not exceeding Rs.____________ (Rupees ____________________ only) against any loss or damage caused to or suffered by ‘NFL’ reason of any breach by the said tenderer(s) of any of the terms and conditions contained in the said tender (the decision of the company as to any such breach having been committed and loss suffered shall be binding on us). 2. We _________________, the bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur merely or a demand from ‘NFL' stating that the amount claimed is due by way of loss or damage caused to or would cause to or suffered by ‘NFL’ by reason of any breach by the said tenderer(s) of any of the terms or conditions contained in the said tender or by reason of the said tenderer’s failure to keep the tender open. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ________________ (Rs _____________________only). 3. We ____________________, the bank, further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the finalisation of the said tender and that it shall continue to be enforceable till the said tender is finally decided and order placed on the successful tenderer and/ or till all the dues of NFL under/or by virtue of the said tender have been fully paid and its claims satisfied or discharged or till a duly authorised officer of NFL certified that the terms and conditions of the said tender have been fully and properly carried out by the said tenderer(s) and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _____________ to include three months claim over and above the period mentioned in the paragraph for the validity of the bank guarantee in the tender we shall be discharged from all liability under this guarantee thereafter. 4. We ______________________________, the bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of ‘NFL’ in writing. Dated ________________ day of ______________________2013 Corporate seal for Bank National Fertilizers Limited, Vijaipur (MP, India) Annexure-X BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE FORMAT (To be prepared on Stamp paper issued in the name of Bank) This BANK GUARANTEE No. _____________________________ made this day of ______________________ between _________________________________ a bank incorporated and having its registered office at _________________________ (hereinafter called BANK) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns on the one part and NATIONAL FERTILIZERS LIMITED, a Company registered in India under Companies Act, 1956 and having its registered office at Core - III, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi - 110 003, India to the context or contrary to the meaning thereof include its successors and assigns on the other part. WHEREAS in pursuance to the agreement No. _______________ dated _________ (hereinafter called CONTRACT) entered into between National Fertilizers Limited (hereinafter called OWNER and ____________________________________ a Company incorporated in _______________________ (hereinafter called CONTRACTOR) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns, for supply of ________________________________________________________ as envisaged in the Contract, Contractor has to submit a SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE for Rs._________. CONTRACTOR accordingly agrees to furnish the Bank Guarantee for Security Deposit-cum-Performance Guarantee as hereinafter contained towards fulfilment of all of its obligations under the contract. NOW THIS DEED WITNESSES AS FOLLOWS: 1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to OWNER that the BANK is holding the amount of Rs.__________________________________ at Owner's disposal and hereby promises and shall be bound to pay to OWNER, forthwith at Owner's written notice stating that the contractor has failed to fulfil its obligations under the contract for reasons for which contractor is liable and without any protest or demur and without recourse to contractor and without asking for any reasons as to whether the amount if lawfully asked for by Owner or not, the entire amount or the portion thereof as mentioned by Owner in the notice. The decision of the Owner as to whether the terms and conditions of this BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE have been observed or not shall be final and binding on the BANK. In any case, however the Bank's responsibility under this BANK GUARANTEE FOR SECURITY DEPOSIT-CUMPERFORMANCE GUARANTEE is limited to Rs. _____________________________. 2. This SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE shall be valid for an initial period of _______________________ months from the date of this Bank Guarantee No.___________________ dated ______________ given by the Bank to Owner become effective. Upon issuance of Commissioning / Erection / Completion certificate according to terms of contract on expiry of _________________ months after the issuance of the above mentioned certificate of commissioning / erection / completion certificate, the BANK GUARANTEE FOR SECURITY DEPOSIT-CUMPERFORMANCE GUARANTEE shall become null and void. :2: 3. This SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE shall be in addition to and shall not affect or be affected by any other security now or hereafter held by Owner on account of money hereby intended to secure and Owner at its discretion and without any further consent from the Bank, and without affecting its rights against the Bank, may compound with, give time or other indulgence to or make any other arrangement with Contractor and nothing done or omitted to be done by Owner in pursuance of any authority or permission contained in this guarantee, shall effect discharge of the liability of the Bank. 4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Security Deposit-cumPerformance Bank Guarantee will remain in force initially up to __________________ months from the effective date of Bank Guarantee No. ________________ dated ____________ given by the Bank to the Owner and subject to provisions of paragraph 2 above will stand automatically cancelled on the expiry of the said period. Unless demand or claim under this Bank Guarantee is made on Bank in writing within three months from the date of expiry of this Bank Guarantee, all the rights of Owner against the Bank shall be forfeited and Bank shall be relieved and discharged from all the liabilities hereunder. 5. Any notice by way of request, demand or otherwise hereunder may be sent by post to the Bank, addressed as aforesaid, and if sent by post, it shall be deemed to have been given at the time when it would be delivered in due course of post, and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate, signed by an officer of the owners, to the effect that the envelope was so posted, shall be conclusive. 6. This SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE is to be returned to the Bank after its expiry in terms of Paragraph 4 above. 7. The Bank declares that it has the power to issue this guarantee and the undersigned have full power to do so. Dated _______________ this __________________ day of _____________. (Indicate the name of the Bank with stamp)
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