INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
INVITATION TO TENDER FOR TRANSPORTATION OF BAGGED UREA FERTILISER BY
ROAD FROM KALOL PLANT TO VARIOUS DESTINATIONS OF VADODARA & MEHSANA
AREA OF GUJARAT STATE.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED, KALOL UNIT is manufacturing
nitrogenous fertilizer in Gujarat, which is about 27 Kms away from Ahmedabad, intends to
appoint Transporter to carry out transportation jobs at Kalol Unit.
Offers are invited from Transporters for transportation of bagged fertilizer from Kalol Plant to
various destinations of Vadodra & Mehsana area of Gujarat State along with the following
documents:
CORPORATE RECORD
A Name, Address, Telephone numbers, Fax numbers and E Mail address.
B History, Type & Structure of Organization along with photocopy of registration/MOU of the
company.
C Details of sister companies and associated firms, if any.
FINANCIAL STATUS
A Latest Bank Solvency Certificate for minimum value of Rs 15 (Fifteen) lacs issued by
Nationalised/Scheduled Commercial Bank {except Cooperative and Gramin Banks} issued
after 01/03/2011
B Photocopy of document issued by I. T. Department with respect to allotment of Permanent
Account No. {PAN}
C Audited Balance Sheet for the last three financial years.
STATUTORY REQUIREMENTS
A. Service Tax Registration Certificate for relevant Category along with proof (for Service
Provider)
TECHNICAL CAPABILITY / CAPACITY
A. Detailed list of trucks/trailors along with carrying capacity owned. Services
provided/Transportation Contracts undertaken and duration from which they are being dealt
with.
PAST PERFORMANCE
A. Photocopies of Orders executed during last three years. Out of this, at least one order
should be of value more than Rs.70 lakhs.
B. Photocopies of performance certificates issued by major clients including fertilizer industries,
showing performance of equipment/material supplied/services provided.
Offers along with relevant documents sealed in an envelope super scribing “ Tender for
Transportation of Bagged Urea by road – Tender No.20101020” to:
DEPUTY GENERAL MANAGER (PURCHASE)
INDIAN FARMERS FERTILISER CO-OPERATIVE LIMITED
KALOL UNIT, PO:KASTURINAGAR, DIST:GANDHINAGAR GUJARAT, INDIA,
PIN CODE – 382 423
Phone:+079-23282031,23282352,23282356
EPABX Board : 02764-223256,223258,223272
FAX: 079-23286024, 02764-220572
e-mail : rppipalia@iffco.nic.in
NOTES:
IFFCO reserves the right to verify the submitted information. IFFCO also reserves the
right to accept or reject partly or wholly any/all applications without assigning any reasons
whatsoever.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
INVITATION TO TENDER (ENQUIRY)
Enquiry No: KLL/BJ/TPT/20101020
Last Date & Time for submission of Tender: 21.03.2011 AT 12.00 HRS
Time of Tender opening
: 21.03.2011 AT 14.00 HRS
Type of Bid
: Two Stage
EMD :
Rs.1,00,000/- (For Baroda)
&
Rs.50,000/- (For Mehsana)
Name of Work : Transportation of Bagged Urea Fertiliser by road from Kalol
plant to various Destinations of Vadodara & Mehsana areas of
Gujarat State as shown in the Annexure – A
Please send tenders and all communications giving reference of above Enquiry No. to:
D.G.M. (Purchase)
IFFCO, KALOL
P.O. : Kasturinagar
DIST :GANDHINAGAR
Pin : 382423 (NG)
Fax No.
Tele. No.
E. Mail
079-23286024
02764-220846, 079-23282031
rbpipalia@iffco.nic.in
1.
The Indian Farmers Fertiliser Cooperative Limited (IFFCO) is the Multi-State Cooperative
Society presently engaged in Fertiliser manufacture at its four plants located in the Republic
of India and situated at Kalol & Kandla in Gujarat, Phulpur & Aonla in Uttar Pradesh and
Paradeep in Orissa. The range of production consists of Ammonia, Urea, DAP and NPK
products.
2.
Indian Farmers Fertiliser Cooperative Limited, KALOL hereby invite sealed tenders
3. Tender shall be submitted in separate sealed envelopes super scribed with Enq. No.
and due date of opening containing the following:--
4.
Envelope -I .
:
EMD in the form of Demand Draft or Bank Guarantee.
Envelope -II .
:
Technical & Un-priced commercial tender.
Deviations or Reservations, if any.
Check List along with PF Code No.and Service Tax No.
Envelope -III .
: - Priced Commercial Tender with rates written in figures
and words duly signed and stamped.
Earnest Money deposit as stated above shall be submitted in a cover to be enclosed
in Envelope – I of the bid. EMD may be given in the form of demand draft drawn in
favour of IFFCO and payable at KALOL / AHMEDABAD only OR Bank Guarantee
from Nationalised/ Scheduled Bank (except Cooperative or Gramin Banks), valid
for a period of FOUR MONTHS with claim period of six months as per the
format appended .The bids received incomplete / late / unsolicited / without EMD
shall be considered non - responsive and shall be rejected out rightly.
5.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
Following attachments with Annexure enclosed are part of invitation to bid :-Attachment - I
Attachment - II
Attachment - III
Annexure - I
Annexure - II
Annexure - III
Annexure - IV
Annexure - V
Annexure - VI
Instruction to Tenderer
General Terms & Conditions
Scope of work & Special terms & Conditions
Distance of various destination from IFFCO Kalol Plant
Draft of Bank Guarantee for EMD
Draft of Performance Bank Guarantee
Draft Agreement
Self Declaration Form
Check List for [Service]
Tenderers are requested to go through the documents thoroughly and ensure
submission of tenders in time. It may be noted that tender documents are non
transferable.
Please acknowledge receipt of documents and confirm by return Fax / E-mail that you
are submitting the tender or in case not interested we solicit your confirmation in
this context..
For & on behalf of
Indian Farmers Fertiliser Cooperative Limited
(R B.PIPALIA)
D.G.M. (Purchase)
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
E N QUI R Y
Enquiry No. KLL/BJ/TPT/20101020/
TWO STAGE BID
Tech Bid submission date
Commercial Bid submission date
Bid Submission Time
Earnest Money Deposit
Preferred Delivery
Performance Bank Guarantee
21-03-2011
21-03-2011
12:00
INR 150000
5.00 %
Please submit your lowest quote with earliest delivery/completion period as per
the terms and conditions.
Description:
Sr.
No.
TRANSPORTATION CONTRACT FOR MOVEMENT OF UREA
FERTILISER FROM KALOL PLANT TO VARIOUS DESTINATIONS OF
VADODARA&MEHSANAAREA IN GUJARAT STATE.
Item Description
Unit
TRANSPORTATION OF UREA PACKED IN BAGS FROM
KALOL PLANT TO VADODRA AREA
1
DISTANCE (SLAB) 000-050 KM
MT/KM
QUANTITY = MEAN KM 25 X 7000 MT
2
DISTANCE(SLAB) 051-100 KM
MT/KM
QUANTITY = MEAN KM 75 X 9000 MT
3
DISTANCE (SLAB) 101-150 KM
MT/KM
QUANTITY = MEAN KM 125 X 11000 MT
4
DISTANCE (SLAB) 151-200 KM
MT/KM
QUANTITY = MEAtJ KM 175 X 11000 MT
5
DISTANCE(SLAB) 201& ABOVE KM
MT/KM
QUANTITY = MEAN KM 225 X 4500 MT
TRANSPORTATION OF UREA PACKED IN BAGS FROM
KALOL PLANT TO MEHSANA AREA
6
DISTANCE (SLAB) 000-050 KM
MT/KM
QUANTITY = MEAN KM 25 X 9500 MT
7
DISTANCE (SLAB) 051-100 KM
MT/KM
QUANTITY = MEAN KM 75 X 8500 MT
8
DISTANCE(SLAB) 101-150 KM
MT/KM
QUANTITY = MEAN KM 125 X 9500 MT
9
DISTANCE(SLAB) 151-200 KM
MT/KM
QUANTITY = MEAN KM 175 X 2300 MT
10 DISTANCE (SLAB) 201 & ABOVE
MT/KM
QUANTITY = MEAN KM 225 X 200 MT
NOTE: BASE PRICE OF THE DIESEL AS ON DATE IS RS. 42.30
Quantity
1,75,000
6,75,000
13,75,000
19,25,000
10,12,500
2,37,500
6,37,500
11,87,500
4,02,500
45,000
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ATTACHMENT- I
INSTRUCTIONS TO TENDERERS
1.1
Procedure for Submission of Tenders
The following procedure shall be adopted for submission of tender by the
tenderers. The sealed envelopes shall be submitted as follows:Envelope No. I
To be superscribed "Earnest Money Deposit" and to contain Earnest Money
which shall be interest free deposit in the form of Bank Draft payable at KALOL
(N.G) or Ahmedabd only in favour of IFFCO or in the form of Bank Guarantee
as per proforma Annexed at Annexure-II issued by a Scheduled Bank /
Nationalised Bank (except cooperative & Gramin Banks). In case the BG
submitted is issued by Scheduled Bank, documentary evidence to the effect
that the issuing Bank is a Scheduled Bank, be enclosed positively. In case if
EMD submitted by way of BG, the same shall be valid for 9 months.
Envelope II
To be superscribed "Technical and Unpriced Commercial Bid" and to contain the
tenderers own conditions, if any, which may be at variance with the conditions
given in IFFCO's Invitation to Tender. IFFCO would prefer to have no deviation
from the tenderer to the tender terms. The tenderer shall enclose one set of
IFFCO's complete tender documents, duly signed and stamped on each page, in
this envelope. It may be ensured that all documents as per the enquiry covering
letter is enclosed in this envelope positively. In the absence of deviation
statement or in case IFFCO’s complete tender documents duly signed and
stamped, is not submitted, it shall be considered that all the terms and
conditions have been accepted by the Tenderer and any cost implication
for any change after placement of order shall be borne by the Tenderer..
Envelope -III
To be superscribed "Priced Commercial Bid" and to contain schedule of rates
with quoted rates and amounts duly filled in signed and stamped.
[RATES SHOULD BE MENTIONED BOTH IN FIGURES AND WORDS ]
The price bid be submitted strictly as per Price Schedule enclosed with the
tender without any conditions.
Envelope No. I containing EMD will be opened first on the due date of opening.
Envelope No. II and III will be considered only if the earnest money condition is
satisfied. The Envelope No. II will then be opened and after the study of tender,
discussions will be carried out, if required, with respective tenderers for
clarifications of the conditions put forth by the tenderer. The tenderer shall send
their authorised representative to participate in discussions who should be able
to take immediate decisions on all matters pertaining to this tender. Subsequent
to the discussions, tenderers will be given an opportunity, if desired, to submit
another sealed envelope No. IV superscribed "Resultant Modification Arising out
to Discussions" Envelope IV should not contain any new conditions whatsoever
except prices. In case of any new conditions, it will be ignored and the
evaluation shall be done based on the conditions agreed earlier.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
NOTE:
RESULTANT MODIFICATION ARISING OUT OF DISCUSSIONS SHALL BE
ACCEPTED, ONLY IF DISCUSSIONS ARE HELD/CLARIFICATIONS ARE
OBTAINED AFTER TECHNICAL BID OPENING WHICH HAVE PRICE
IMPLICATION.
All envelopes, in addition to above superscription, should also be super-scribed
and Addressed as below:
1.2
CLOSING DATE & TIME:
The closing date and time of the tender is given on the covering sheet. Tender
should be received before 1200 Hrs on closing date as indicated in covering
note.
All tenders received on or before the closing date, shall be publicly opened on
the tender opening date and time given in the covering sheet in the presence of
all the tenderers who wish to be present.
Tenders received after closing date and time shall be returned unopened to the
tenderers and will not be in any situation considered.
The tenders should be signed only by legally authorised representative of the
tendering firm or company and should bear the seal or stamp of the tendering
company.
Tenderers should thoroughly scrutinise the terms and conditions of tender and
the annexure hereto since no amendments to the tender would be permissible
after opening of the tenders.
1.3
ACCEPTANCE / REJECTION OF TENDER:
IFFCO reserves the right to accept or reject any tender in whole or part and/or
accept other than the lowest quotation without assigning any reason.
1.4
EVALUATION OF QUOTATION:
The following conditions shall be considered in the evaluation of quotation.
a)
b)
c)
Prices quoted - shall be area wise L1
Terms of payment - In case the bidder has quoted different payment
terms other than mentioned in the enquiry, loading of interest shall be
done @ 12% per annum.
Deviation to terms of enquiry documents - In case of deviations to our
terms and conditions the matter shall be reviewed at the time of unpriced
/ technical bid opening and shall be loaded suitably
IFFCO reserves the right to review and verify all statements and to inspect
tenderer's facilities for the purpose of allowing the tenderer to establish, to
IFFCO'S satisfaction, his capability to perform the work
1.5
TENDERER TO QUOTE FOR ALL ITEMS:
The tenderer shall quote their rates with reference to each area and must tender
for all the items.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
1.6
TENDERER TO SIGN ALL PAGES:
All pages of tender documents including corrections if any shall be signed and
stamped by the tenderer.
1.7
ERASURE AND ALTERATION:
Tenders containing erasures and alterations in the tender documents may be
rejected. All rates shall be indicated both in words & figures. Where there is a
difference between the rate quoted in words & figures, the rates given in
words shall prevail.
1.8
DEVIATIONS:
The Tenderer shall have to provide a "Deviation Statement" where they
are not agreeing with our Terms & Conditions, if any. The deviations, if any are to
be furnished under Technical and Unpriced Commercial Bid.
1.9
INCOMPLETE AND LATE TENDER:
Unsolicited/Incomplete/Late tenders or tender received without desired Earnest
Money are liable to rejection without any further reference.
1.10
VALIDITY OF QUOTATION:
The rates quoted by tenderer shall be valid for a period of 120 days from the date
of Technical Bid opening for the purpose of placement of LOI.
1.11
EARNEST MONEY DEPOSIT:
Each tender must be accompanied by Earnest Money Deposit in the form of
Demand Draft drawn in favour of IFFCO :LTD, payable at KALOL (N.G) as
detailed below OR the Earnest Money Deposit may be submitted by Bank
Guarantee as per format of ANNEXURE - II attached. The Bank Guarantee shall
be furnished on non-judicial Stamp paper of Rs. 100/= from any Nationalised/
Schedules Bank (except Cooperative & Gramin Banks). The validity of Bank
Guarantee should be 9 months.. The Stamp paper should not be older than six
month.
1.11.1 Transportation of Bagged Fertiliser from IFFCO KALOL to following AREA. within the State of GUJARAT State.
=============================================================
Sr.
PARTICULARS
EMD AMOUNT TO BE DEPOSITED
No.
(Area – Group)
ALONGWITH TENDER (IN RS.)
=============================================================
1.
VADODARA
Rs.1,00,000.00
2.
MEHSANA
Rs. 50,000.00
=============================================================
Total
Rs.1,50,000.00
=============================================================
commercial evaluation and split of order shall be done on Area-group wise basis.
1.11.2 Earnest Money shall be forfeited at the sole discretion of IFFCO in case the
tenderer after intimation from IFFCO of acceptance of his tender, either wholly or
in part, fails to enter into a contract with IFFCO.
1.11.3 IFFCO shall return earnest money to all the unsuccessful tenderers on
finalisation of Successful bidders. However earnest money to successful tenderer
shall be retained till the Performance Guarantee as per Clause No: 11.00 of
Attachment III is furnished by the Contractor.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
1.11.4 No interest shall be payable on the Earnest Money Deposit.
1.12
NO COST PAYABLE FOR PREPARING TENDER:
The tenderers shall not be entitled to claim any costs, charges, expenses for or
incidental to in connection with preparation and submission and subsequent
clarification of his tender even if IFFCO decides to withdraw the invitation to
tender or the tender is rejected on any count.
1.13
GENERAL:
1.13.1 In case any clarifications are required, the tenderer shall approach the Owner in
writing i.e. Dy. G. M. (Purchase), Indian Farmers Fertiliser Cooperative Limited,
KALOL. The Owner shall provide such clarifications in writing only. All
clarifications provided shall be binding on the Owner and tenderer.
1.13.2 No tenderer can withdraw his tender or revoke the same within the validity period
if a tenderer withdraw or revokes his tender or revises the tender rates for any
system within the validity period, his earnest money deposit will forfeited without
prejudice to any other right/claim the Owner may have against the tenderer.
1.13.3 Tenders shall be forwarded under cover of a letter type written on the tenderer's
letter head and duly singed, in long hand using ink, by a duly authorised
representative of the tenderer.
1.13.4 Wherever it is mentioned - "shall be done by contractor or supplied by contractor"
it shall be deemed to mean shall be done or supplied by contractor at his cost.
1.14
UNDERTAKING :
BIDDERS ARE REQUESTED TO FURNISH A SELF DECLARATION THAT
THEY HAVE NOT BEEN BANNED OR DELISTED BY ANY GOVT.
DEPTT./FINANCIAL INSTITUTION/COURT as per ANNEXURE - V attached.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ATTACHMENT - II
1.0
GENERAL TERMS AND CONDITIONS OF CONTRACT/WORK ORDER
1.1
DEFINITIONS:
"OWNER" shall mean Indian Farmers Fertiliser Cooperative Limited.
"CONTRACTOR" shall mean the person, firm or corporation to whom this
Work order/Contract is awarded.
CONTRACT/WORK ORDER shall mean this Order and all its attachments and
exhibits.
2.0
ASSIGNMENT AND SUBLETTING:
Except with the prior permission of the OWNER, the CONTRACTOR shall not
assign this CONTRACT/WORK ORDER or any part thereof or any money due to
hereunder to any other Contractor.
3.0
SPECIAL CONDITIONS OF CONTRACT/WORK ORDER:
In case of any deviation between general conditions of Work Order/Contract and
special conditions of Work Order/Contract the special conditions shall supersede
the general conditions.
3.1
4.0
This order shall be subject to these General Terms and Conditions and any
additional /Specific conditions referred to in the order, and no deviations shall be
made from the requirement of the Order or from the General Terms and
conditions unless deviations are approved in writing by the Owner.
TAXES, DUTIES ETC.
Unless otherwise specified in the Work Order, Toll charges, all other taxes &
duties will be borne by the contractor. Service tax & Education cess shall be
borne by IFFCO. IFFCO’s Service Tax Registration No. AAAA10050 M ST 004
5.0
LOADING & UNLOADING CHARGES:
The rates quoted in the Annexure-A shall be exclusive of loading and unloading
charges. Loading will be arranged by IFFCO at factory and unloading at the
destination will be arranged by the distributors or their consignee.
6.0
INSURANCE:
Comprehensive Insurance of vehicles shall have to be taken by the contractor at
his own cost and solely responsible for the fleet being operated by him for
the job.
7.0
CORRESPONDENCE:
All correspondence concerning the Order/Contract shall state the Order number
and Item number and shall be submitted in duplicate addressed to :
The State Marketing Manager, Indian Farmers Fertiliser Cooperative LImited,
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
IFFCO House, Behind Maruti Arcade, Near Shiv Ranjani Cross Road, Satelite,
Ahmedabad – 380 015 (GUJARAT)
8.0
DOCUMENTATION:
Documentation shall be submitted as called for in the order.
9.0
FIXED PRICE:
The rate to be quoted would be all inclusive, and would include comprehensive
insurance charge on the vehicles and all Government charges such as road tax,
all taxes and duties. Service Tax & Education Cess shall be borne by IFFCO.
Unless otherwise stated in the Work Order, all prices shall be fixed for the
duration of the order and shall not be subject to escalation of any description
statutory or otherwise. (However, Clause No: 6.00 of Attachment III regarding
Escalation may be referred to, only for Diesel Price) No claim/compensation of
any kind whatsoever from the contractor shall be entertained by IFFCO if fertiliser
as per given programme is not available on any day or non-availability of
sufficient work.
10.0
DEFAULT:
In the event of any default of contractor to comply with any of the provisions or
requirements hereof, IFFCO shall have the right to terminate and cancel the
order with or without notice and without prejudice to any other rights, options, or
remedies IFFCO may have, and IFFCO shall be relieved from any further
obligations to contractor hereunder. In the event of such cancellation of order,
IFFCO shall be entitled to arrange for the balance work including of equipments,
materials and services from alternate suppliers at the cost of contractor. The
waiver of one default shall not be considered an automatic waiver of any other
defaults.
11.0
RESOLUTION OF DISPUTES/ARBITRATION:
The OWNER and the CONTRACTOR shall make every effort to resolve
amicably by direct informal negotiations any disagreement or dispute arising
between them in connection with the CONTRACT/WORK ORDER.
If, after thirty (30) days from the commencement of such informal negotiations,
the OWNER and the Contractor have been unable to resolve amicably a
dispute, either party may require that the dispute be referred for resolution to the
formal mechanism as specified here under.
12.0
GOVERNING LAW AND JURISDICTION
All actions at law or suits arising out of, or in connection with this contract or the
subject matter thereof and whether as to construction or otherwise shall be
instituted in a court competent jurisdiction in Ahmedabad.
ARBITRATION
a)
Any dispute or difference whatsoever arising between the parties out of or
to the construction, meaning, scope, operation or effect of this contract or
the validity or the breach thereof shall be settled by arbitration in
accordance with the provisions of the Arbitration & Conciliation
act,1996 and the award in pursuance thereof shall be binding on parties.
b)
The performance under this contract shall not stop for any reason whatsoever
during the said dispute / proceeding, unless the contractor / seller is
specifically directed by owner / purchaser to desist from working in this behalf.
13.0
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
c)
The venue of arbitration shall be AHMEDABAD.
d)
The language of proceedings shall be ENGLISH.
e)
The Law governing the substantive issues between the parties shall be
the Laws of India.
14.0
LEGAL CONSTRUCTION:
The contract would be deemed to have been entered into at Kalol and would,
therefore, be under the jurisdiction of AHMEDABAD COURT.
15.0
SUSPENSION
If at any time after the commencement of the work IFFCO shall for any reason
whatsoever not require the whole thereof as specified in the tender to be carried
out, IFFCO also give notice in writing of the fact to the contractor who shall have
no claim to any payment or compensation whatsoever on account of any profit or
advantage which he might have derived from the execution of work in full, but
which he did not derive in consequence of the full amount of the work not having
been carried out, neither shall the contractor have any claim for compensation by
reasons of any alterations having been made in original specifications, and
instructions which shall involve any curtailment of the work as originally
contemplated.
16.0
TERMINATION
In the event of any breach of the terms and conditions of the Contract by the
Contractor, the IFFCO shall have the right to terminate the Contract without any
liability, by giving one month's notice in writing, provided however, that it shall be
obligatory on the part of the Contractor to complete its contractual obligation
during the period of such notice.
17.0
FORCE MAJEURE
The terms and conditions hereof shall be subject to Force Majeure. Neither
IFFCO nor the contractor shall be considered in default in the performance of
their respective obligations hereunder, if such performance is prevented or
delayed because of :a) any war of hostilities;
b) any riot or civil commotion;
c) any earthquake, flood, tempest, lightning or other natural physical disaster,
impossibility of the use of any Railway, Port, Airport, Shipping services or
other means of transport.
d) any strike or lock-out (only those exceeding 10 continuous days in duration)
affecting the performance of the Seller's/Purchaser's obligations.
The transporter shall be entitled to the benefit of this clause only if he informs
of the circumstances amounting to force majeure to IFFCO of the happening
thereof by fax, immediately followed by a confirmatory letter sent by
Registered Post Acknowledgment due. In the event of the transporter,
pleading any grounds as constituting force majeure, the opinion of the
Management of IFFCO on that behalf alone shall prevail and, if in the opinion
of the Management, the grounds pleaded by the transporter do not constitute
force majeure, then the transporter shall not be entitled to plead the same
and/or claim any relief under this clause. In case an event of force majeure
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
continues for more than 30 days, IFFCO and the contractor shall consult each
other to find measures of settlement.
18.0
CLARIFICATION & COMMUNICATION:
All correspondence for clarification against this "Invitation to Tender" and
subsequent correspondence concerning the tender stating the Reference
number and shall be submitted in duplicate addressed:
To,
D. G. M. (Purchase)
Indian Farmers Fertiliser Cooperative Ltd.
P.O. Kasturinagar - 382423 Gujarat
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ATTACHMENT - III
ENQUIRY No: KLL/BJ/TRANS/20101020
SCOPE OF WORK AND SPECIAL TERMS & CONDITIONS
INTRODUCTION
M/s Indian Farmers Fertiliser Cooperative Limited, Kalol Unit (IFFCO-Kalol) situated
at Kalol @ 25 kms from Ahmedabad on Ahmedabad-Mehsana State Highway
operates a 1100 MTPD M.W.Kellog’s design Ammonia plant and 1650 MTPD
Stamicarbon’s design CO2 stripping urea plant along with necessary Offsites facilities.
Presently, Kalol Unit despatches urea from plant to various destinations in Gujarat
and other States.
1.00
EFFECTIVE DATE OF CONTRACT
The agreement would come into force with the effective date of contract. Effective
date of contract will be from the date 01.05.2011.
2.00
DURATION
2.01
The duration of the contract shall be of 01 years from 01.05.2011.
2.02
IFFCO shall have right to extend the work contract period by a further period of 3
MONTHS from the date of expiry of the period mentioned in clause 2.01 above at the
same rates, terms and conditions in writing to the contractor or 12 months with mutual
consent with the same rates, terms & conditions. In any case total extension shall not
exceed 12 months beyond the expiry of original duration.
3.00
SCOPE OF WORK
3.01
Transportation of Bagged Fertiliser from Kalol Plant to various destinations within
the state of Gujarat by Road. Destinations are of Vadodara & Mehsana Area
(Annexure-I).
(a)
The contractor shall arrange for the trucks immediately on receiving instructions from
IFFCO. The trucks to be provided should be road worthy and should carry material
as per the carrying capacity certified by R.T.O. The loading shall be done as per
R.T.O. passing. No overloading should be done.
(b)
The contractor must deliver the material at destination within Three (3) days
excluding date of loading.
(c)
The Contractor shall arrange for uninterrupted movement of fertiliser as per the
instruction received from IFFCO.
(d)
Since district wise allocation are given by Government of Gujarat state in each month,
accordingly area wise monthly target will be given by SMM, Gujarat to each contractor
and thus the contractors should ensure that they must complete the monthly target
given to them in every month.
(e)
Along with the truck load of urea, box packing of 10 Kg weight Bio-Fertiliser is
also to be Transported from CORDET Kalol to that particular destination, as
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
and when required for which Rs.10/- per packet shall be paid EXTRA OVER
THE PRICE by CORDET Kalol for Maximum upto 50 packet in one truck.
4.00
QUANTITY
Totally 72500 MT bagged fertiliser required to be transported to various destinations
within the state of Gujarat falling under 2 (two) different Area Offices of Gujarat.
Sr.No.
Area
Quantity, MT
2
VADODARA
42500
3
MEHSANA
30000
TOTAL
72500
4.01
There is no assurance about any definite quantity of fertiliser to be entrusted to the
contractor for transportation. It should also be understood that there is no guarantee
for transportation work to be given all the times i.e. whenever there is demand in the
market, the contractor will be informed in advance to transport certain quantity within
the time limit. The quantity offered for Transportation on day to day basis is a question
of marketing demand and shall vary from season to season. During slack season the
demand may be reduced and lesser lifting may be required, while, during peak
season the Transport Contractor shall be intimated in advance about lifting of
quantities more than the daily minimum lifting given in the Table above at Clause 4.00
under Head QUANTITY and adequate arrangements shall have to be made by the
contractor. Further, it will at the sole discretion of IFFCO to entrust the transportation
job to the contractor at any time during the currency period of the contract.
4.02
Any variation in quantity would be on the same rates and other terms and conditions
laid down in the NIT and shall be firm during the entire period of contract including
extension.
4.03
In case of any increase in the quantity, the contractor shall work at the committed
rates during the whole of the contract period and not for only specified quantity. Of
course, for this purpose IFFCO shall issue change order.
5.00
SPECIAL CONDITIONS FOR ABOVE TRANSPORTATION JOBS
5.01
Whenever fertiliser required to be transported on 100% weighment by passing the
trucks over the weigh bridge the Contractor shall do so accordingly.
5.02
In special cases the Contractor may also be required to arrange transport at shorter
notice or carry cargo to destination, other than those shown in proforma. In case of
decrease in quantity shown in the proforma they shall not be entitled to any
compensation whatsoever for not entrusting them with the quantity specified in any
proforma issued to them.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
5.03
During the currency of this contract, the Contractor will not stop the work at any stage
under any circumstances whatsoever. The contractor will have to take all steps to
prevent any loss and/or damage/theft/pilferage whatsoever to the fertiliser received by
him on behalf of IFFCO during the period the fertiliser is in his charge.
6.0
ESCALATION AND OTHER CLAUSE
6.01
Rate quoted by the contractor for services to be rendered in terms of this agreement
shall be as agreed upon between IFFCO and the transporter, and will be firm, and will
not be subject to any escalation whatsoever, except as provided for under Article 6.02
below during the entire period.
6.02
The rates indicated in the contract shall not be liable to enhancement by reasons of
increase in the price of lubricating oils, tyres, spare parts or increase in wages of the
staff or operational cost or any taxes etc. However, the proportionate incidence of any
statutory increase or decrease in the diesel cost shall be considered by IFFCO from
the date of such statutory change on the following terms:
The formula for determining the amount of escalation/de-escalation will be as follows
Increase/decrease in the
HSD retail selling transportation
per MT/KM
(a) Increase/Decrease in 1 Liter of
price rate inclusive of all taxes
__________________________
(b) 10 x 4 (c)
(a)
The retail selling price per 1 liter of HSD prevailing at Petrol Pump, Opp. IFFCO Kalol
Unit, as on the date of Enquiry of the tender as shown in the price schedule will be
the base price. Effective date for revision will be the date on which the prices are
increased/decreased, which is to be substantiated with documentary evidence.
(b)
10 represents the laden weight of the truck in MT.
(c)
4 represents the distance of 4 KM which a truck of 10 MT capacity can run with 1
Liter of HSD/ (Loaded or otherwise) for the purpose of these calculations.
(d)
The contractor will submit documentary evidence with regard to revision of diesel cost
prevailing at Kalol
(e)
Such escalation shall be claimed by the carrier separately as a separate item.
(f)
The distance for the formula for escalation of rate on account of fuel cost escalation
shall be considered only one way i.e. from IFFCO KALOL to the District/Destination
where the material to be delivered.
(g)
No escalation for change in price of diesel shall be permitted unless the increase is
beyond 5 percent of the prevailing price of diesel.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
The escalation shall be considered as under:
If there are increases in the prices which are less than 5%, the escalation shall not be
considered. When the total increase in the diesel price reaches 5% or more, the
escalation shall be paid with effect from the date of increase of diesel price by 5%.
Base price for first escalation shall be the price prevailing at the Petrol Pump, Opp.
IFFCO, Kalol Plant as on the date of enquiry. The subsequent escalation of 5% shall
be calculated based on the previous escalated price.
For example, if the base price of diesel is Rs.20/- per liter escalation will be paid only
when the price reaches Rs. 21/- per liter i.e. 20/- plus 5% of 20/-. So 20+1 Rs.21/-. The
effective date shall be considered as the date on which the price has increased to
Rs.21/- per liter even though the price of diesel increased twice in between to Rs.
20.50 and Rs.20.75 per liter previously. The next escalation shall be considered when
the diesel price reaches Rs. 22.05 per liter and the base price shall be Rs. 21/- per
liter. De-escalation shall also be considered on the reverse side on the above basis.
6.03
Proportionate incidence due to statutory increase or decrease in the diesel cost shall
be to the account of IFFCO effective from the date of such statutory change in the
diesel rate, except in case where there is a statutory reduction in diesel cost, in which
case reduction shall be passed on to IFFCO.
6.04
Any request for increase in rates on any account of increase in diesel cost should be
substantiated by any documents as may be called for by IFFCO. For the purpose of
allowing escalation in the transportation rates as a result of statutory increase in
diesel price, it will be assumed that a truck can run a distance of 4 KM per liter of
diesel and carrying 10 MT per truck.
6.05
The rates as agreed upon would be all inclusive, and would include comprehensive
insurance charge on the vehicles and all government charges such as road tax,
income tax and any other statutory taxes if any.
6.06
No claim/compensation of any kind whatsoever from the contractor shall be
entertained by IFFCO if fertiliser as per given programme is not available on any day
or non availability of sufficient work.
6.07
Comprehensive insurance of vehicles should be taken out by the transporter at their
own cost. IFFCO is not responsible for the same.
7.00
"The Contractor should use IFFCO’S Material Despatch Advice only and
acknowledgment from the society/consignee should be on the same." In the event of
break-down/accident of the trucks necessitating transhipment on the way, the
Contractor shall undertake such transhipment at his own cost and shall transport
entire fertiliser loaded in the trucks from which transhipment is done to another trucks.
Such transhipment details of truck shall accompany the original acknowledgment
copy of MDA, which is to be submitted along with the bill and the damages to the
goods on account of accident/transhipment, cost will be recoverable from the
Contractor at 1.5 times of price of urea applicable to IFFCO, Kalol Unit for the
damaged goods.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
7.01
The transporter shall have to submit the Consignment Note containing following details
as required by Service Tax Rules.
i)
ii)
iii)
iv)
v)
The name of the consignor and consignee
Registration No. of the goods carriage in which goods are transported
Details of the Goods Transported.
Details of the place of origin and destination
Person liable for paying Service Tax : IFFCO
7.02
Acknowledged MDA shall invariably be submitted within 30 days from the date of
lifting, failing which IFFCO shall recover the cost of material @ 1.5 times of urea price
in case of no delivery of material and 50% of urea price in case of delivery of material
but not providing the proof of delivery. In case the Contractor has any difficulty in
getting the original acknowledged MDA by the recipient IFFCO shall accept the
original seal and signature of recipient on any other copy of MDA or Xerox of MDA
and in such case IFFCO shall not recover cost of material.
8.00
The rates indicated shall be exclusive of loading and unloading charges. Loading will
be arranged by IFFCO at factory and unloading at the destination shall be arranged
by the distributors or their consignee.
8.01
It shall be the responsibility of the Contractor to keep readily available vehicles as
may be required, and to transport the goods entrusted to him in vehicles conforming
to all the relevant Government regulations and licensed fully in connection with the
Transporter on that behalf. In case of failure on the part of the Contractor to provide
sufficient number of vehicles, IFFCO shall be at liberty to obtain the necessary
transport from any other source and recover the extra cost, if any, thereof from the
Contractor.
8.02
Neither IFFCO, nor the consignees/distributors shall be liable for any action, direct or
indirect, that may be instituted against the Contractor by any person or body of
persons in relation to the transport of goods under this tender or any consequent
liabilities and the contractor shall keep IFFCO and the consignees/distributors fully
indemnified on that behalf including on account of adulteration during transportation.
8.03
Since the material to be transported is liable to deteriorate due to delay in transport,
the goods should reach the destination within the transit period mentioned in clause
No.14.02 below and the Contractor shall ensure that the goods are transported to the
destination within the specified transit period from loading into the trucks failing which
the contractor shall be liable to pay penalty to IFFCO as prescribed @ clause
No.14.00
8.04
The contractor shall, from time the goods are loaded on to his vehicles till they are
delivered to the consignee at the specified destination, be completely and solely
responsible for the goods against damage, shortage, deterioration, loss, pilferage etc.
occurring for any reasons whatsoever. The Contractor shall keep IFFCO fully
indemnified on this behalf, and the penalty calculated at 1.5 times the price of urea
applicable to IFFCO, Kalol unit of any damage, shortage, loss, deterioration or
pilferage shall be recovered in full from the Contractor's outstanding bills or Contract
Performance Guarantee paid by him without prejudice to any other remedy in law.
Any amount payable by the Contractor that is in excess of the Contract Performance
Guarantee, shall be paid by the Contractor immediately and without any delay.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
8.05
The contractor shall take all diligent steps to ensure that the goods, while in transit,
are not damaged due to conditions of weather. Adequate number of tarpaulins in
good condition shall be provided by contractor for each vehicle to cover and protect
the product against weather conditions.
The penalty calculated at 1.5 times of price of urea applicable to IFFCO- Kalol unit of
any material delivered to the consignee in wet or damaged or in deteriorated condition
shall be recovered fully from the outstanding bills or from the Contract Performance
Guarantee, without any reference to the contractor.
8.06
The Contractor shall hold the goods entrusted to him for transport as Trustee and
shall be accountable thereof to IFFCO. Any loss caused due to any reason
whatsoever shall be repaid by the Carrier notwithstanding anything to the contrary in
Section 151 and 152 of the Indian Contract Act or any other law.
9.0
The contractor shall comply with all documentation and procedural formalities as
instructed by IFFCO from time to time with respect to Contractor's vehicles entering
the plant, receiving load and proceeding to destinations specified. The Contractor is
liable to account for any damage to IFFCO arising out of any failures on the part of
himself or his staff to comply with all statutory regulation pertaining to product
movement with particular references to Central and State Sales Tax Act and Rules
and Fertiliser (Control) Order, 1957. The drivers operating the fleet should carry
necessary license of RTO and shall show to IFFCO representative as and
when asked for.
10.0
TERMS OF PAYMENT
The transporter shall submit his bills fortnightly (preferable by 1st and 16th of each
month) in triplicate supported by MDA/ GR/ GC Note, duly acknowledged by the PCF/
Central / State Warehouse/ Block Hqrs / Societies /Consignees etc., as the case may
be along with other relevant documents (Kilometer wise, slab wise summary) as per
Schedule of Rates to the State Marketing Manager, Gujarat, Ahmedabad. Bills
received between 2nd - 15th of a month will be treated to have been received on 16th
and those received between 17th - 30th /31st will be treated to have been received on
1st of next month and will be processed accordingly for payment. The payment shall
be made as per approved schedule of Rates on the basis of standard net weight of
Urea Loaded/Transported and delivered directly to the designated consignee at
various destination without interference transshipment enroute except under force
majeure condition. Only one way transportation charge will be taken into
consideration for the purpose of payment to the contractor.
The contractor shall make a declaration in each of the consignment notes/Invoices,
stating the following for claiming abatement of 75%
“TO WHOMSOEVER IT MAY CONCERN
This is to certify that we are not claiming CENVAT Credit on inputs and capital goods
received by us on payment of Excise Duty and one used for providing GTA services.
In case we change our decision to avail CENVAT credit on inputs and capital goods
we shall inform you in writing in advance”
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
100% payment shall be released within 20 days from the date of submission of the
bills after getting confirmation from Area Managers as regards to receipt of material.
Bills not supported with the relevant documents in original will be returned to the
Contractor. The following deductions will be made from the bills.
(i)
Income Tax + surcharge as applicable.
(ii)
Damages for delayed work as per terms and conditions of this tender.
(iii)
Amount due from the Contractor for shortages/damages/pilferages or any other
account.
10.01.1 The status of the Contractor as L-I bidder shall be ensured keeping in view the
final executed Bill of Quantity. All the valid tenders considered in evaluation
at the time of award of work Shall be re-evaluated at the respective quoted rate
with a view to assess whether L-I contractor’s Price of completed works
continues to be the lowest. In case after such re-evaluation, final contract
Value is not the lowest, the contractor shall reimburse to owner the difference
in the amount Between the re-evaluated tender and the lowest tendered
amount. This difference of amount shall be adjusted from their final bill
However, if the amount recoverable exceeds the amount payable in final bill,
the balance amount Shall be recovered by the owner, from the retention money
and or performance bank guarantee/any other money or bank guarantees
available with the owner for any other job being done by the Contractor. The
contractor shall restore the performance guarantee to the requisite value to the
extent of 5% of contract price/as referred in the Work Order/Contract in such
case where recovery is required to be effected by the encashment of full
amount or a part of the performance bank Guarantee as soon as the contractor
receives such intimation from the owner.
10.02 In case fertiliser required to be moved other than destinations (Annexure – I) and the
kilometers mentioned in the NIT, the kilometers of Taluka Head Quarter irrespective
of actual kilometers of such destinations shall be paid.
During the currency of the contract, if any road distance is reduced for any particular
destination due to construction of new bridge, new road, by-pass etc. or for any other
reason whatsoever, the payment shall be made to the contractor for revised distance
and recovery, if any, on this account shall also be made from the contractor with
retrospective effect for the excess payment made. The decision of IFFCO shall be
final and binding to the contractor in this regard.
10.03
RECOVERY FOR LOSS OF MATERIAL
(a)
In case of loss of material due to other than Force Majeure reasons, recovery of
the material shall be made at 1.5 times of price of Urea (Rs.11987/-) applicable
to IFFCO Kalol Unit, i.e. Rs. 17,981/- per M.T plus Rs.14.25 per bag being the
cost of empty bag. The cost of bag shall not be recovered in case of loss of
material only without damage of bag. The price of Urea mentioned above is
provisional and subject to change as per the guidelines of Govt. of India,
Ministry of Chemicals & Fertilisers, New Delhi.
(b)
If there is no loss of material, but the bags are damaged the cost of the bags
@ Rs. 14.25 per bag shall be deducted.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
(c)
If there is loss of material on account of Force Majeure condition subject to
documentary evidence, the deduction shall be made for the short quantity at
urea price of the material (Rs.11,987/-) plus Rs.14.25 per bag being the cost of
empty bag. The cost of bag shall not be recovered in case of loss of material
only without damaged of bag.
(d)
In case of the original MDA is lost by the Contractor, the contractor will be
required to furnish a XEROX COPY of the acknowledged MDA duly originally
signed by the recipient and payment shall be made on the basis of this copy.
(No certificate will be accepted for the purpose of releasing the payment).
11.00
CONTRACT PERFORMANCE GUARANTEE
11.01
The Contract Performance Guarantee is to be furnished within 7 days to State
Marketing Manager (Ahmedabd) from the date of issue of Letter of Intent/signing of
agreement, before commencement of lifting. The contractor shall be allowed to
operate contract only after acceptance of contract and submission of Contract
Performance Guarantee equivalent to 5% of total contract value either by way of
Demand Draft drawn in favour of IFFCO Ltd and payable at Ahmedabad or by way
of Bank Guarantee from any Nationalised/Scheduled Bank (except Cooperative and
Gramin Banks) or any branch of foreign bank in India in the proforma attached.
Bank Guarantee shall be valid for the period of 18 months inclusive of 6 months
claim period. The amount of performance guarantee will not bear any interest and
will be released after successful completion of the contract. The contract
performance guarantee shall be forfeited if the contractor fails to fulfill the contractual
obligations.
S/NO.
PARTICULARS
TOTAL PERFORMANCE
GUARANTEE
1
TRANSPORTATION OF FERTILISER 5% (FIVE PERCENT) OF THE
BY ROAD WITHIN THE STATE OF CONTRACT VALUE.
GUJARAT.
Until submission of Performance Bank Guarantee as stated above, an equivalent
amount shall be withheld lfrom payment due to the Transporter.
11.02 Earnest Money deposited by the contractor shall be retained till the performance
guarantee mentioned in Clause 11.01 (Terms and conditions) is deposited by the
contractor in the form of DD/ Bank Guarantee as per the format acceptable to the
Owner.
11.03 No interest charges shall be payable on the Contract Performance Guarantee
11.04 The above performance guarantee shall be held as a Security for the due and
satisfactory execution of all the clauses of the contract and bear no interest during the
currency of the contract including extension thereof.
11.05 Performance Guarantee shall be released after ONE MONTH from the date of the
expiry of the claim period or upon receipt of all MDAs and there will be no recovery
from IFFCO side whichever is earlier.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
11.06 In the event of breach of any terms and conditions of the contract IFFCO reserves the
right to draw the amount to the extent of such loss or damage against the above
Performance Guarantee.
11.07 In the event of the forfeiture of the whole or part of the Performance Guarantee, the
contractor shall, within 7 days of notice from IFFCO, deposit such further sum as may
be necessary to maintain the full Performance Guarantee as given at 11.01 above.
12.00 In case of breach by the contractor of any of the terms of the Contract, IFFCO shall be
entitled to:
(i) Forfeit the Performance Guarantee.
(ii) Terminate the Contract.
(iii) Have the contract executed through other agencies and recover the damages
caused thereby from the Contractor.
12.01 In the event of the Contractor being liable to pay any damage under any clause of this
contract such sums as the contractor is liable to pay shall be recovered from the
outstanding bills or Performance Guarantee made by him under clause 11.00 above,
and the Contractor shall make good the short fall, if any, to IFFCO forthwith, provided
that the Contractor shall ensure that the Performance Guarantee at no time falls less.
12.02 Notwithstanding anything herein before contained IFFCO reserves for itself the right to
apportion the work to other contractors also at IFFCO's absolute discretion in order to
ensure quick and prompt transport.
13.0
ACCIDENT & LIABILITIES
The transporter shall be liable for any damage/injury caused to IFFCO's employees or
other contractors etc., or IFFCO's property, if caused due to the negligence of the
Contractor's employees.
IFFCO accepts no responsibility for any injury to any person, whether contractor's
employee or otherwise, caused due to carriage of fertiliser by the contractor.
14.0
DELAY / FAILURE
14.01 The contractor shall adhere to the Despatch Instructions and deliver material to the
assigned destination within 3 (three) days excluding date of loading as given by
IFFCO. In case the contractor fails to supply the trucks as per the despatch plan
given to him, IFFCO has the right to hire trucks from the open market and recover the
differential cost from the Contractor's bills. In the event of delay due to situation beyond
the control, Contractor shall promptly intimate the consignor about such delay. Any
default on the part of contractor will result in levy @ Rs.5/- per MT per day.
If in case of non-supply of required trucks / non fulfilling the DIs during the stipulated
period the material is not lifted within 15 days from the date of despatch instruction
received by the contractor, the penalty will be levied @ Re.1/- per MT per day.
14.02 Contractor must deliver the material at destination within 3 (three) days excluding date
of loading, failing which a penalty of Rs.5/- per MT per day of 24 hrs. or part thereof will
be levied. Acknowledged MDA must be submitted along with bill to release payments.
No other Certificates etc. shall be entertained. If transit delay is more than the
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
reasonable allowable period, the same can be considered by IFFCO provided
documentary evidence is furnished confirming the unforeseen/ uncontrollable delays.
The contractor is required to move minimum 50 MT of Goods per day in normal case.
IFFCO, Ahmedabad will issue despatch instructions to the contractor along with a copy
to TPT Department at Kalol Plant. However, in case of free loading at plant site to the
same shall be increased to 250 MT per day, failing which penalty as per clause
No.14.01 shall be levied. The contractor should get acknowledgment from the
Society/Consignee as regards receipts of sound material (e.g. Received Nos. of Bags/
MT____) in sound condition. In case of damaged material, the contractor shall get
acknowledgment of number of bags and quantity of damaged material received. For
damaged material, if any, the same shall be charged upon the Contractor as per clause
No.10.03.The acknowledgment from the Society/Consignee on Material Despatch
Advice should bear stamp/seal along with the signature of competent authority. The
acknowledgment from the Society /Consignee on Material Despatch Advice mentioning
the receipt date and time along with the signature of the competent authority under
their seal/stamp may be submitted along with the bills. No payment shall be released
without the MDA.
14.03 The contractor's labour should not use any hook or any sharp instrument while lifting the
bags which may cause damage to the bags. Any cut and torn bags should be
standardised by the contractor. The bags for this purpose will be provided by IFFCO
@ Rs.14.25 per bag.
14.04 In case of any diversion of the trucks, the same shall be done with written consent of
IFFCO's representative /original ware house centre failing which IFFCO shall pay the
freight for the distance of original centre or for the distance where the material
delivered whichever is lower.
14.05 In case of any material not delivered during the month in which it is lifted the details of
such undelivered material shall be furnished with MDAs / Destination wise on monthly
basis by 30th / 31st of subsequent month failing which IFFCO shall withheld the 1.5
times the retention price of urea applicable to Kalol unit, of each MDA quantity without
any notice.
15.0
CLAIMS
15.01 The contractor will not be paid any extra remuneration for lodging, pursuing and
settlement of claims with various agencies on behalf of IFFCO. The contractor will, on
behalf of IFFCO, have to prepare promptly and within the prescribed time limit all
Claims with insurers, Municipal authority (with a copy to IFFCO) and pursue the same
during the currency of the Contract. The contractor is required to incorporate the
following clause in all refund claim applications/claims filed by him on behalf of IFFCO
with Insurance, Municipal and other authorities, agencies etc.
"Any refund arising out of this claim is payable to IFFCO
Refund orders/cheques should be issued in the name of IFFCO".
The contractor shall have to obtain the required documents under the applicable
laws/rules and regulations from time to time so as to enable him to substantiate the
claims on behalf of IFFCO, and to obtain compensation from the Insurers and other
bodies and agencies and persons.
The contractor will have to submit monthly statements showing the details of the
claims lodged, settled and pending with various authorities or parties concerned
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
separately in triplicate to the authorised officer of IFFCO. If no claims are
lodged/settled or pending in any month, the Contractor will have to furnish "NIL"
statement. The refund claim files maintained by the contractor should be made
available to IFFCO as and when required. After expiry of the contract, the contractor
is required to hand over all the claim files maintained by him on behalf of IFFCO within
a period of three months, furnish and execute necessary documents with authorities
and obtain a clean receipt, on the basis of which his account will be settled.
The payment received by the contractor from the Insurers and/or any other authorities
against claims lodged by him on behalf of IFFCO or in connection with any matter
relating to this contract shall be held in trust by the Contractor and the same shall be
made over to IFFCO in full by crossed cheque, bankers demand draft promptly without
any deductions whatsoever on any dispute or otherwise or pendency of any arbitration.
IFFCO reserves the right to take penal action against the contractor in case of misappropriation of any money held by him in trust on behalf of IFFCO.
15.02 LIABILITY OF CLAIMS
IFFCO shall not be liable for payment of any claim for charges arising out of or in
consequence of negligence on the part of contractor or any of his employees to any
property belonging to third parties or the Contractor or IFFCO and any accident
involving employees of the contractor. It shall be sole responsibility and liability of the
contractor and he shall indemnify and keep indemnified and saved harmless IFFCO
against the same at all times.
15.03 INDEMNITY
Without prejudice to any other provisions in these conditions, the contractor shall be
bound to keep IFFCO or any representative or employees of IFFCO and its properties
and assets fully indemnified at all times notwithstanding the expiry of the terms or
termination of the contract against any action, claim or proceeding for any reasons
whatsoever or under any applicable provision of law, rules, regulations, bye laws,
notifications, direction or order having the force of law for anything done or omitted to
be done by the contractor in contravention of such provision etc. for the infringement
or violation thereof by him in the course of the result of any such action, claim or
proceeding the contractor or such representative of IFFCO, as the case may be is
adjudged to be liable to any penalties or to pay any compensation, the same shall be
liability of the contractor and if IFFCO is required for any reason to take over the
liabilities from the Performance Guarantee furnished by the contractor or from any
other amounts whatsoever due and payable by IFFCO to the contractor under this
contract or any other contract or any other account and without prejudice to any other
rights or remedies available to IFFCO under law or otherwise.
16.00
BOOK EXAMINATION, SUBMISSION OF DOCUMENTS/REPORTING FORMATS
ETC
The contractor shall, whenever required, produce or cause to be produced for
examination by authorised officer of IFFCO, statements accounts on records of all
costs, expenses and outgoings, and other matters relating to the execution of contract.
The contractor shall produce the required documents, information and
returns at such time, and place as may be directed by IFFCO or its authorized
representative.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
17.0
INCREASE IN SCOPE OF WORK/NEW ITEMS
17.01 On written instruction from the IFFCO or its authorised officer the contractor shall
perform any additional jobs in connection with the work. The contractor will have the
right to represent in writing to IFFCO within 14 days in case of any extra claim for such
services. If no such representation in writing is received within the said period, the
contractor’s right to claim for the extra job performed will be deemed to have been
waived. The decision of IFFCO whether such additional work is covered under the
existing work obligation of the contractor or not shall be final, conclusive and binding
on the parties.
17.02 GENERAL CLAUSE :
a) Items of work not covered in this tender will be mutually discussed.
decision of IFFCO will be final, conclusive and binding on the contractor.
b)
The
In the event of the contractor performing any job which, according to the
contractor, is not covered under the rates quoted and is chargeable in addition
to other rates quoted, then the contractor should get this confirmed including
the charges from IFFCO before performing such jobs and decision of IFFCO is
final and binding on Contractor.
18.00
DETENTION
No claim for detention charges from the Contractor shall be entertained by IFFCO
under any circumstances for detention of trucks at loading point at our plant and for
unloading point at consignees godown / warehouse.
19.00
PRICE REDUCTION CLAUSE
In case the Contractor fail to carry out the job in full or part as per terms &
conditions of Contract, IFFCO shall be free to get the job done through Alternative
Agency and additional expenses incurred by IFFCO due to Contractor’s failure shall
be recovered from Contractor.
20.00
The Distance Table enclosed at Annexure – I here with showing distances from Kalol
Plant to various destinations / Talukas of Gujarat State shall be treated as a part of
Tender Document.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ANNEXURE-I
LIST SHOWING DISTANCES
DESTINATIONS IN GUJARAT:
FROM
EX-KALOL
PLANT
TO
VARIOUS
1. Districts falls under Area Office Vadodara
(A) Dist. Ahmedabad:
Sr.
Destination /
Distance
No.
Taluka Place
in KMs exKalol
1
Bavla
51
2
Mandal
68
3
Ranpur
149
4
Ahmedabad (City)
37
5
Dascroi
55
6
7
8
9
10
(B) Dist. Anand:
Sr.
Destination /
No.
Taluka Place
Sr.
No.
1
2
3
4
Sojitra
Umreth
Tarapur
Anand
(C) Dist. Kheda:
Sr.
Destination /
No.
Taluka Place
1
2
3
4
5
Mehmdabad
Matar
Nadiad
Thasara
Balasinor
(D) Dist.Panchmahal:
Sr.
Destination /
No.
Taluka Place
1
2
3
4
5
Godhra
Halol
Kalol
Shahera
Lunavada
6
Jambughoda
Distance
in KMs exKalol
101
105
108
98
Distance
in KMs exKalol
63
72
77
98
103
Distance
in KMs exKalol
144
159
165
153
136
186
Sr. No.
5
6
7
8
Destination
/ Taluka
Place
Dhandhuka
Sanand
Viramgam
Dholka
Rampura
Distance in KMs
Ex-Kalol
Destination
/ Taluka
Place
Petlad
Borsad
Khambhat
Anklav
Distance in KMs
Ex-Kalol
120
45
65
58
54
110
119
124
130
6
7
8
9
10
Destination / Distance in KMs
Ex-Kalol
Taluka
Place
Kapadwanj
79
Virpur
118
Kheda
68
Kathlal
66
Mahudha
74
Sr.
No.
Destination /
Taluka Place
Distance in KMs
Ex-Kalol
7
8
9
10
11
Morva
Ghoghamba
Santrampur
Khanpur
Kadana
(Divada)
178
186
166
176
177
Sr.
No.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
(E) Dist. Dahod:
Sr.
No.
Destination /
Taluka Place
1
2
3
4
Devgadh Baria
Dahod
Zalod
Limkheda
Distance
in KMs exKalol
206
216
196
192
Sr.
No.
5
6
7
Destination / Distance in KMs
Ex-Kalol
Taluka
Place
Garbada
232
Dhanpur
221
Fatepur
186
(F) Dist. Vadodara:
Sr.
No.
Destination /
Taluka Place
1
2
Vadodara
Karjan
Distance in
KMs exKalol
136
168
3
4
5
6
7
Padra
Savli
Waghodia
Dabhoi
Sankheda
149
125
153
165
183
Sr.
No.
8
9
10
11
12
2. Districts falls under Area Office Mehsana
(A) Dist. Patan:
Sr.
Sr.
Destination /
Distance
No.
Taluka Place
in KMs ex- No.
Kalol
1
Santalpur
194
5
2
Radhanpur
145
6
3
Sami
120
7
4
Harij
105
8
(B) Dist. Banaskahtha:
Sr.
Destination /
Distance
No.
Taluka Place
in KMs exKalol
1
Tharad
196
2
Palanpur
120
3
Danta
158
7
8
9
4
5
6
10
11
12
Vadgam
Dantivada
Amirgadh
112
150
150
Sr.
No.
Destination
/ Taluka
Place
Jetpur Pavi
Chotta
Udaipur
Naswadi
Sinor
Kawat
Distance in KMs
Ex-Kalol
218
229
219
192
252
Destination / Distance in KMs
Ex-Kalol
Taluka
Place
Chanasma
84
Patan
102
Siddhpur
88
Vagdod
123
Destination / Distance in KMs
Ex-Kalol
Taluka
Place
Bhabhar
174
Deodar
154
Kankrej136
Shihori
Vav
209
Deesa
149
Dhanera
175
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
(C) Dist. Mehsana:
Sr.
Destination /
No.
Taluka Place
1
2
3
4
5
Mehsana
Visnagar
Vadnagar
Kheralu
Vijapur
Distance
in KMs exKalol
51
70
84
91
48
(D) Dist. Sabarkantha:
Sr.
Destination /
Distance
No.
Taluka Place
in KMs exKalol
1
Himatnagar
71
2
Idar
95
3
Vadali
91
4
Khedbrahma
118
5
Bhiloda
114
6
Vijaynagar
133
7
Prantij
50
(E) Dist. Gandhinagar:
Sr.
No.
Destination /
Taluka Place
1
2
3
Mansa
Dehgam
Gandhinagar
Distance
in KMs exKalol
37
41
24
Sr.
No.
6
7
8
9
Sr. No.
8
9
10
11
12
13
Sr.
No.
4
5
Destination / Distance in KMs
Ex-Kalol
Taluka
Place
Bechraji
70
Unjha
78
Satlasana
112
Kadi
35
Destination / Distance in KMs
Ex-Kalol
Taluka
Place
Talod
68
Dhansura
93
Malpur
118
Modasa
109
Bayad
89
Meghraj
132
Destination / Distance in KMs
Ex-Kalol
Taluka
Place
Saij
3
Kalol
22
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ANNEXURE - II
BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (EMD)
Note : 1 to 3 not to be typed on actual Bank Guarantee.
1. BG to be executed on a Non-Judicial Stamp Paper of appropriate value (However, at present in Gujarat State, the
value of Stamp Paper is Rs. 100/-). The stamp paper shoud not be older than six months.
2. The validity of this Bank Guarantee shall be for 9 months.
3. The Bank guarantee to be issued by Nationalised / Scheduled Bank.(except Cooperative and Gramin Banks.
IN CONSIDERATION of Indian Farmers Fertiliser Cooperative Ltd. KALOL, GUJARAT having its
registered office at IFFCO Sadan’ C-1, District Centre, Saket Place, Saket, New Delhi - 110 017
(Hereinafter called `The Society' which expression shall unless repugnant to the subject or
context includes its successors and assigns) having agreed to exempt M/s. ______________
(hereinafter called 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 condition of
Tender No./Enquiry No. _________________ for for ______________________________
(hereinafter called `the said Tender) of such Earnest Money 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
Rupees ______________________________ Only).
1.
We _________ Bank hereinafter referred to as 'the Bank' do hereby undertake to pay the Society an amount not
exceeding Rs. ___________ (Rs. ______________________ Only) against any loss or damage caused to or
suffered would cause to or suffered by the said Society by reason of any breach by the said Tenderer(s) of any of
the terms or conditions contained in the said Tender (the decision of the Society as to any such breach having
been committed and loss suffered shall be binding on us).
2.
We ___________ Bank do hereby undertake to pay the amount due and payable under this guarantee without any
demur merely on a demand from the Society stating that the amount claimed is due by way of loss or damage
caused to or would cause to or suffered by the Society 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.________ (Rupees ___________________ only).
3.
We __________ Bank further agree that the guarantee herein contained shall remain in full force and affect 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(s) and/or till all the dues of the
Society 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 the Society certifies 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 ___________________ we shall be discharged from
all liability under this guarantee thereafter.
4.
We ______________ Bank, lastly undertake not to revoke this guarantee during its currency except with the
previous consent of the Society in writing.
5. Value of Guarantee Rs. _____________/-.
6. (a) Validity of the Guarantee (Date) ______________.
7.
Bank Guarantee No._______________________dated ___________.
Dated______________________ day of __________________ 2008.
CORPORATE SEAL OF BANK WITH SIGNATURE OF MANAGER.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ANNEXURE - III
DRAFT OF PERFORMANCE GUARANTEE
Note: 1 to 3 not to be typed on actual Bank guarantee.
1.
Bank Guarantee to be executed on a non-judicial Stamp Paper of appropriate value (However, at present, in
Gujarat State, the value of stamp paper is Rs. 100/-). The stamp paper should not be older than six months)
2. The validity of this Bank guarantee shall be for the total contractual completion period of 18 months .
3.
The Bank Guarantee to be issued by Nationlised/Schedule Bank(except Cooperative
and Gramin Banks).
********
IN CONSIDERATION of Indian Farmers Fertiliser Cooperative Limited, Ahmedabad, Gujarat Pin-380 015 having its
Registered Office at IFFCO Sadan’ C-1, District Centre, Saket Place, Saket, New Delhi - 110 017
. (hereinafter called the "OWNER" which expression shall unless repugnant to the context or meaning thereof include
it's successors, administrators and assigns) having awarded to M/s. ___________________
_________________ with its registered/Head Office at ____________
_____________(hereinafter refereed to as the "Contractor" which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators, executors and assigns), an order/contract by issue of Owner's
Letter of Intent/Order No.___________________ dated __________ and the same having been unequivocally accepted
by the Contractor, resulting in a contract ____________________ (scope of contract) the faithful performance of the
entire order/contract equivalent to Rs. (value of the order) which is 10 percent of the said value of the order/contract
(including tax & duty) to the Owner.
We ________________________(name and address of Bank)__________ having its Head Office at _________ place
___________) (hereinafter referred to as the "Bank" which expression shall unless repugnant to the context or meaning
thereof, including its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the
Owner, on demand any and all monies payable by the Contractor to the extent of Rs. (value of the Guarantee) as
aforesaid at anytime upto __________ (Claim period date) ____ without any demur, reservation, context, recourse or
protest and/or without any reference to the contractor. Any such demand made by the Owner on the Bank shall be
conclusive and binding notwithstanding any difference between the Owner and the Contractor or any dispute pending
before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its
currency without previous consent of the Owner and further agrees that the guarantee herein contained shall continue to
be enforceable till the Owner discharge this guarantee.
The Owner shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time
to time to extend the time for performance of the contract by the Contractor.
The Owner shall have the fullest liberty without affecting this guarantee to postpone from time to time the exercise of any
powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time
in any manner and either to enforce or to forbear to enforce any covenants contained or implied in the contract between
the Owner and the Contractor shall not be released to its obligations under these presents by any exercise by the Owner
of its liberty with reference to the matters aforesaid or any of the Owner or any other indulgences shown by the Owner or
by any other matter or thing whatsoever which under low would, but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against the Bank as a
principal debitor, in the first instance without proceeding against the Contractor and notwithstanding any security or other
guarantee the Owner may have in relation on to the Contractor's liabilities.
JURIDICTION : The name of the arbitration shall be AHMEDABAD.
The vanue of Arbitration shall be Ahmedabad.
Notwithstanding anything contained herein above our liability under this guarantee is restricted to Rs. __________ (value
of guarantee) and it shall remain in force upto till (Date of claim period) unless a demand or claim under this performance
guarantee is filed against us within six months from the expiry date of this Guarantee i.e. on or before _________
date(claim period) all the rights under this performance guarantee shall be forfeited and we shall be relieved and
discharged from all liability thereunder.
1. Value of the Guarantee Rs. ____________
2. a) Validity of Guarantee (Date)____________(for 18 months
3. Bank Guarantee No._____________ Date __________.
IN WITNESS, the principle and surety have executed this Performance Guarantee and have affixed seals on the date set
forth.
Dated this____________________ day of __________2010 at__________________.
(Corporate Seal of Bank with signature of Bank Manager).
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ANNEXURE - IV
DRAFT AGREEMENT
THIS AGREEMENT EXECUTED THIS THE ____________________ day
of
______________ Two thousand ________ by AND BETWEEN (1) INDIAN FARMERS
FERTILISER COOPERATIVE LIMITED, a Cooperative Society, Registered under the
Multi-unit Cooperative Societies Act, and having its Registered Office at
IFFCO Sadan’ C-1, District Centre, Saket Place, Saket, New Delhi - 110 017, represented by
its DY. GENERAL MANAGER [Purchase], having his office at Kalol (N.G) Gujarat
382423 (hereinafter referred to as "IFFCO" which expression shall mean and include its
successors-in-interest
and
assigns)
of
the
FIRST
PART:
and
(2)
__________________________ (hereinafter referred to as "THE CONTRACTOR" which
expression shall mean and include his/its successors-in-interest and assigns) of the
SECOND PART:
WITNESSETH;
(1)
IFFCO carries on the business of manufacture and distribution of chemical
fertilizers and other products :
(2)
IFFCO has invited tenders for Transportation of Bagged Fertiliser from IFFCO
KALOL to various destinations of GUJARAT State.
(3)
The Contractor has submitted his/its tender dated ____________ and the same
was accepted by IFFCO vide, its letter dated ______________and
(4)
It is deemed necessary to reduce the terms of the Contract between the parties
hereto into writing.
NOW THESE PRESENTS WITNESS: and it is agreed by and between the parties as
follows:
1.
The Contractor shall, for a period of TWELEVE MONTHS from the date of
acceptance letter dated ________ of IFFCO/award of jobs and for such
further periods not exceeding ________ months as may be extended by
IFFCO by a communication in writing to it, duly and promptly execute the
supply & application of above job entrusted to him by IFFCO from time to
time in accordance with the instructions and the Contract.
2.
(a) The NIT/tender submitted by the Contractor, the letter of acceptance of the
Contractor`s tender by IFFCO and which are annexed hereto, shall be read as
forming part and parcel of this agreement and the rights and obligations of the
parties hereto shall be governed accordingly.
(b)
All terms used herein and defined in the Contract shall have the same
meaning as are assigned to them in the Contract.
(c) In the event of any conflict between NIT and the letter of acceptance dated
___________ of IFFCO, the provisions of the said letter of acceptance
dated _________ would prevail.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
3. It is expressly understood by and between the parties hereto that all claims,
contention and disputes arising out of this contract shall be settled and decided in
accordance with the terms and conditions in the documents mentioned in clause 2
above.
4.
It is further understood by and between the parties that the rates for transport
accepted and fixed by IFFCO shall be binding on both parties to these presents.
IN WITNESS WHEREOF the parties hereto have set their hands to this agreement on
the day month and year first herein above written.
SIGNED AND DELIVERED BY THE SAID
______________________________________________
On behalf of INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
in the presence of :
1.
2.
SIGNED & DELIVERED BY THE SAID _________________________________
On behalf of ___________________________________________________
in the presence of :
1.
2.
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ANNEXURE – V
SELF DECLARATION
WE HEREBY DECLARE THAT WE ARE NOT BANNED OR DE-LISTED BY
ANY GOVT. DEPARTMENT / FINANCIAL INSTITUTKIONS / COURT AND
HAVE NOT ANY CASE FOR LITIGATION.
Signature : ______________________________
Name of the Party : _______________________
INDIAN FARMERS FERTILISER COOPERATIVE LIMITED
KALOL UNIT
ANNEXURE-VI
Ref.: KLL/
Date:
CHECK LIST FOR SERVICES
(This form is applicable for enquiry issued under two stage bidding only)
SUMMARY OF TERMS & CONDITIONS QUOTED
(Bidder Must Confirm / Comment Point wise& keep in the Technical-Unpriced Commercial Bid Envelop)
Enquiry No.
Item:
Contact Person:
Quotation No.
Bidder: M/s
Contact Phone No:
We confirm / clarify as follows:
1.
2.
3.
4.
5.
Price Basis (Kalol Plant site)
:
Accepted
Prices FIRM
:
Agreed
Discount
* : (Given
%) / (Not Given)
Service Tax
* : ( N.A.) / (Extra / Inclusive) @ %
Validity of the Quotation
:
Confirmed
(90 days from the date of Opening
of Technical Bids)
6. Payment Terms
:
Accepted
(Within 30 days / As per the Annexure
attached with the Enquiry)
7. Completion Period
:
Agreed
8. Damages (PRC clause) for the Delay
:
Accepted
9. Maintenance Period (if applicable)
:
Agreed
10. Performance Bank Guarantee (if applicable):
Agreed
11. All other Terms & Conditions of ITB
A.-Commercial Terms & Conditions
:
Accepted
B.-Technical Conformity
:
Accepted
(In case not accepted, deviation sheet
to be attached)
* Please tick mark ( √ ) which ever is applicable.
In case of deviation between check list and quotation, the
quotation shall supercede the check list.
(Stamp, authorized signature & name of the party)
PS: IFFCO shall have preference for accepting all the conditions of the bid on above
points. In extreme cases, if any deviation to the above points is to be proposed
by the bidder (in Technical / un-priced commercial bid), the same shall be given
in a separate sheet, failing which, it will be considered that all the conditions of
tender documents are acceptable to the bidder.