National Fertilizers Limited

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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: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)