NFV/PUR/AMW-151328-H1
Page 1 of 38
National Fertilizers Limited
(A Government of India Undertaking)
Vijaipur–473111, Dist. Guna (M.P), India
[An ISO 9001:2008, ISO 14001:2004 & OHSAS 18001: 2007 Unit]
Phone: ++91 (0) 7544 273 050/691
Fax: ++91 (0) 7544 273 089/109
Email: dctomsay@nfl.co.in
Website: www.nationalfertilizers.com
NOTICE INVITING TENDER
NIT No.& Date
DUE DATE
Tender Cost (NonRefundable)
EMD
SD-cum-PBG
Type of Bid
NFV/PUR/AMW-151328-H1
Dated: 10-JUNE-2016
01-AUGUST-2016
Rs.1150/- (Rupees One Thousand One Hundred Fifty only) or
equivalent in quoted currency.
Rs.1,00,000/- (Rupees One Lakh only) or equivalent in quoted
currency.
@5% of Purchase Order Value or Minimum Rs.3.75 Lakh
(Rupees Three Lakh Seventy Five Thousand only)
TWO PART BID
Dear Sirs,
Sealed offers are invited under “TWO-PART BID SYSTEM” for items mentioned hereunder:S.No.
Description
Quantity
1.
NFL Material Code: 074440000
01 No.
(A)
Design, Manufacture, Supply, Testing and Commissioning of
Diesel Shunting Locomotive having Single Power Pack
Diesel Engine with 4-Axles and Hydraulic Turbo Reverse
Transmission of drive power of minimum 700 HP Capacity,
the drive from the transmission to wheel will be through Final
Drive and heavy duty cardan shaft.
Detailed Technical Requirement and Mechanical Design
Requirement shall be as per Annexures-II and III.
(B)
Two Years Spares as per Annexure-IV
NOTES: Please provide all the information/ documents as mentioned in the Annexures. In case
of any deviation from the Technical Specifications & Scope of Work etc. or from the terms and
conditions of this NIT, specifically mention the same and submit Deviation List.
NFV/PUR/AMW-151328-H1
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1.00
Eligibility Criteria for Vendors:
1.1
Technical Criteria.
1.1.1 Bidder must be manufacturer of Diesel Locomotives and should have supplied at least
Two Nos. similar Locomotive in various industries including Indian Railways with at least three
years satisfactory performance or at least one locomotive during the last 10 Years ending on
31/12/2015.
Similar means Diesel Locomotive for Shunting or normal operation of horse power not less
than 650 HP (Single Power Pack), Indian Broad Gauge (1676 mm), with transmission as
Hydraulic Transmission.
1.1.2
Bidder must have adequate in-house testing facilities in India for conducting acceptance test in
accordance with relevant BIS Specification/ RDSO norms.
1.1.3
Bidder shall have facilities in India to provide spare and service support for major aggregates
including Transmissions, Final Drives and other drive line components for a period of at least
10 Years from the date of supply of equipment at NFL Vijaipur.
1,2
As a documentary proof, the bidders shall submit self-attested copies of following
documents with the technical unpriced bid:
1.2.1
Self-attested copies of Purchase Orders with full technical details of supplied Locomotives
along with satisfactory Performance Certificate from customers in support of 1.1.1 above.
1.2.2
Self-certification indicating complete address of your establishments along with relevant
documents in support of Para 1.2 above.
1.2.3
Undertaking on your letter head that you will provide spare and service support for the
quoted Locomotive for a period of at least TEN YEARS from the date of supply of the
Locomotive at NFL Vijaipur.
1.3
Financial Criteria:
1.3.1
Bidders will furnish the audited balance sheets and profit and loss account for the last
three financial years ending on 31-03-2015.
1.3.2
The net worth of the bidder should be positive as per last audited financial statement as on
31-03-2015.
1.4
Please also provide the following information:
(i)
Whether Manufacturer/Dealer or Importer/Supplier or supply by the sister concern
(ii)
Structure of the Organization
-Whether Partnership Firm/Regd./Pvt.Ltd./ PSU/Govt.Sector
- Whether Registered under SSI/NSIC/DGS&D
-Copy of partnership deed/Certificate of Registration
-Detail of Bankers and Bank accounts
-PAN No./TIN No./Sales Tax/Central Sales Tax No/Central Excise Registration
Certificate
-Confirmation about Associates/Sister concern
-Inspection/TPI & testing facilities for quality control etc
Note: Tenderers must submit documentary evidence along with the Unpriced TechnoCommercial Bid in support of their claim that they meet/comply with all the above
mentioned Eligibility Criteria.
NFV/PUR/AMW-151328-H1
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GENERAL TERMS & CONDITIONS:
2.00
2.01
Submission of Tender
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/PUR/AMW-151328-H1
Dated: 10-JUNE-2016, Due on: 01-AUGUST-2016”.
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 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-A- 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.
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.
Tender Cost as per Clause No. 2.36 of this Tender Document.
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-A).
2.06
Tenders shall be submitted by 1300 hrs. on 01-AUGUST-2016. No tender after the
specified time and date will be accepted. NFL will not be responsible for any postal
delays/loss.
2.07
PART-I (i.e. Unpriced Techno-Commercial Bid) shall be opened at 14:30 hrs. on
01-AUGUST-2016 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.
NFV/PUR/AMW-151328-H1
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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-B 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.
Tenderers have to submit a declaration along with the Technical Bid:
(a)
That no other Firm/Sister Concern/Associate belonging to the same group is
participating/submitting offer against this tender.
(b)
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.
NFV/PUR/AMW-151328-H1
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2.24
MSMED Declaration:
In case you are registered as MICRO/SMALL Enterprise (MSEs) under The
Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act)
promulgated by Government of India, please indicate the relevant
category of registration in your offer and also enclose a copy of the valid
certificate issued by the concerned authorities as specified by the Ministry
of MSME.
The Micro and Small Enterprises (MSEs) shall be entitled for
benefits under the Public Procurement Policy for Micro and Small
Enterprises subject to the terms and conditions indicated in Annexure-G
attached herewith.
It may also be confirmed by the Bidders that the MSEs owned by SC/ST Entrepreneur/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.
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.
NFV/PUR/AMW-151328-H1
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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.
2.36
Tender Cost
Interested Vendors may obtain tender documents either personally or by post from the
office of Chief Manager (Materials) on payment of Rs.1150/- (Rupees One Thousand One
Hundred Fifty 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.1150/- (Rupees One
Thousand One Hundred Fifty only) towards cost of Tender Documents should invariably
be enclosed by tenderers along with their offer.
Tender cost is non-refundable.
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). EMD can be submitted in the form of:
i.
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.
OR
ii.
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
NFV/PUR/AMW-151328-H1
Page 7 of 38
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 180 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
SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE:
5% of PO Value or Minimum Rs.3.75 Lakh
Security Deposit-cum-Performance Guarantee will be paid by the successful tenderer
within 30 days of receipt of the PO. The security deposit-cum-performance guarantee to
be furnished by the successful tenderer for the faithful and proper fulfilment of the
contract shall be 5% of Purchase Order Value or Minimum Rs.3.75 Lakh (Rupees
Three Lakh Seventy Five Thousand only)
4.01
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.
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.
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.
NFV/PUR/AMW-151328-H1
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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 4.01 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
In case the Bank Guarantee is from an Overseas Bank, it should be got counterguaranteed by an Indian Scheduled Bank.
4.12
The security deposit-cum-Performance Guarantee will not bear any interest.
4.13
The Bank Guarantee should be submitted by Banker directly to NFL in sealed cover and
not through supplier.
5.00
Guarantee/Warranty Certificate
5.01
You will guarantee/warranty the Equipment against any manufacturing defects/ bad
workmanship for a period of 24 months from the date of supply or 12 months from the date
of commissioning, whichever is earlier and will submit Guarantee Certificate along with
despatch documents, as per Clause No. 10 (GURATNTEE/WARRANTY) at Annexure-I.
6.00
PRICE SUBMISSION:
6.01
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-A.
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).
In case the freight is not indicated in the price bid than NFL reserve the right to
ignore/evaluate the offer with suitable loading at its sole discretion.
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.
6.02
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.
6.03
Packing and Forwarding Charges:
P&F Charges should either be included in the quoted price or stated separately in definite
terms (if applicable).
6.04
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
NFV/PUR/AMW-151328-H1
Page 9 of 38
6.05
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
6.06
Quoted rate(s) of FOR prices will remain firm till the complete execution of the order.
Vendors should confirm the same in their offers.
6.07
In case of Testing 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.
6.08
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.
6.09
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
6.10
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
Payment terms 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
Destination for booking:
a.
By Road:
-
b.
Consignee:
-
DOOR DELIVERY AT NFL VIJAIPUR SITE IN CASE
OF FULL TRUCK LOADS
GUNA, IN CASE OF SMALLS
SR. MANAGER - MATERIALS (STORES)
NATIONAL FERTILIZERS LIMITED
VIJAIPUR - 473 111, DIST. GUNA (MP)
NFV/PUR/AMW-151328-H1
Page 10 of 38
10.00
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.
11.00
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:
(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.
12.00
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.
13.00
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.
14.00
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.
15.00
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.
16.00
16.01
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.
NFV/PUR/AMW-151328-H1
Page 11 of 38
16.02
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.
16.03
Supplier shall endeavor to prevent, overcome or remove the cause of Force Majeure.
16.04
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.
17.00
17.01
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.
17.02
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.
17.03
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.
18.00
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.”.
NFV/PUR/AMW-151328-H1
Page 12 of 38
19.02
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
In case of contradiction in any terms & conditions mentioned above with respect to special
condition (if any) attached to tender documents then the provision of special terms &
conditions shall prevail.
25.00
Signing of Integrity Pact
Bidder will sign the Integrity Pact as per enclosed Annexure-F, which is an integral part of
the Tender Documents, failing which the Tenderer/ Bidder will stand disqualified from the
tendering process and the bid of the bidder would be rejected. Details regarding Integrity
Pact can be viewed on our website www.nationalfertilizers.com
26.00
If a tenderer resorts to any frivolous, malicious or baseless complaint/ allegations with an intent
to hamper or delay the tendering process or resorts to canvassing/ rigging/ influencing the
tendering process, NFL reserves the right to debar such tenderer from participation in the
present/ future tenders upto a period of TWO (2) YEARS.
27.00
You can access this NIT on our website www.nationalfertilizers.com & central public
procurement portal (http://eprocure.gov.in).
Thanking you,
Yours faithfully,
For & on behalf of
National Fertilizers Ltd.
For CHIEF MANAGER-MATERIALS
NFV/PUR/AMW-151328-H1
Page 13 of 38
Annexure-I
SPECIFICATIONS
(A)
Design, Manufacture, Supply, testing and Commissioning of Shunting Locomotive
having Single Power Pack, Diesel Engine with 4 Axles and Hydraulic Turbo
Reverse Transmission of drive power of minimum 700 HP; the drive from the
transmission to wheel will be through Final Drives and heavy duty cardan shaft.
(B)
The detailed technical requirement & Mechanical design requirement shall be as
per Annexure-II & III.
(C)
Two Years spares as per Annexure-IV shall be supplied alongwith the locomotive.
TECHNICAL TERMS &CONDITIONS:
1. The following information should be furnished along with the quotation for
technical assessment:
1.1. Complete Scope of Supply.
1.2. Complete Catalogue/Technical Literature of quoted Locomotive Engine
1.3. G. A. drawing of the Locomotive
1.4. Quality assurance plan.
1.5. Documents as required as per Eligibility Criteria.
1.6. Minimum Delivery Period.
1.7. Deviations, if any, from terms and conditions of NIT.
1.8. Priced list of recommended two years spare parts.
2. Party must confirm availability of after sales service in India as well as availability
of spares, including engines of the offered Locomotive for the next 10 years
without obsolescence.
3. Two years maintenance spares as per Annexure-IV will be quoted separately.
4. Party shall quote to undertake AMC (Annual Maintenance Contract) of Locomotive
Engine for a period of 03 (Three) years after the expiry of Guarantee/Warrantee
period. Under AMC party must consider minimum four visits in a year to NFL site
for checking & Services of Loco. The AMC charges will be included in the cost of
Loco for evaluation of overall Lowest Bid. Detail terms & conditions of AMC
offered to be furnished in the Technical Bid.
5. Bidder shall furnished Technical Specifications & Design Data of their quoted
shunting locomotive in the Proforma attached as per Annexure-II &III.
6. The locomotive shall be supplied under third party inspection of by M/s LRA /
Bureau Veritas / RITES.The charges for the Third Party inspection shall be quoted
extra.
7. The scope of third party inspection shall include but not limited to be as below:
7.1
7.2
7.3
7.4
7.5
Review of Load Test of Diesel Engine
Review of Load Test of Hydraulic Transmission
Review of Manufacturer Test Certificates of Bought out items / assemblies
like Cardan Shaft, Coupling, Air Compressor, Brake Equipments,
Couplers, Side Buffers, Wheels, Bearings, Axles, Springs etc.
Review of Compliance certificates of Manufactured items like Underframe,
Bogie, Cabin, Hood, Fuel Tank, Spring Beam, Axle drive Housing, Shafts,
Gears, Axle, Wheel axle assembly etc.
Witness of Free Running Test of Locomotive
NFV/PUR/AMW-151328-H1
Page 14 of 38
8. If required, NFL may inspect the locomotive at party’s work before dispatch. Party
shall intimate the readiness of the locomotive 15 days in advance.
9. The load test of the supplied Locomotive shall be carried out at NFL Vijaipur site
with haulage of 30 No. Loaded wagons on Straight Track in presence of
Representatives of Party and NFL.
10. Guarantee/ Warranty: Party must stand Guarantee towards any defect in Design,
Manufacture or faulty workmanship revealed during actual usage of the
Locomotive for a period of 24 months from the date of supply. The party will rectify
the defect / replace the defective parts or assemblies free of charge at NFL site
during the above period. New parts shall have to be arranged by party at their own
cost.
11. Commissioning at site: Party will depute their personnel for commissioning of
Locomotive at Vijaipur site.Commissioning of Locomotive is to be done within a
week it reaches at Vijaipur site.
12. Party shall submit the following Certificates / Documents alongwith the supply of
Locomotive:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
All the test certificates duly certified by Third Party Inspection Agencyfor
the inspection as per Clause No. 8 above
Four sets of O&M Manuals in English language consisting of following
detailsalong with techno-commercial bid:
Spare Parts details alongwith part no. & installed quantities
G. A. drawing of the Locomotive.
Grades of Lubricants, Greases, Hydraulic oils used in the Locomotive with
their international equivalents.
Detailed cross sectional drawings of sub-assemblies indicating part nos.
Electrical wire circuits diagrams
Emission certificate for Diesel Engine as per BS-III or latest standard.
Guarantee/ Warranty Certificate as per Clause No. 11 above.
13. Final acceptance/inspection of the Locomotive shall be done at Vijaipur after
hauling load testing & confirmation of various features under joint inspection of
NFL and the supplier.
14. Party will impart training to Loco Drivers as well as maintenance staff of NFL at for
4 days for operation and routine maintenance of the Locomotive for free of cost.
Boarding & lodging shall be provided in NFL Guest house on chargeable Basis
subject to availability in case of training at NFL Vijaipur.Local Transportation will
be arranged by the party at their own cost.
Boarding and lodging charges shall be borne by NFL in case of training at party’s
work.
15. Statutory/Legal requirement, if any for manufacturing as well as transportation of
the Locomotive shall be arranged and borne by the party.
16. The locomotive shall be painted with two coats of red oxide primer. The under
frame is painted black with two coats synthetic enamel paint. The end painted in
zebra pattern in black and yellow.
Annexure-II
NFV/PUR/AMW-151328-H1
Page 15 of 38
Specification for Diesel Shunting Locomotive
Sr.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Detail
NFL Requirement
Basic Data for Diesel Shunting Locomotive
Manufacturer or dealer
To be specified by vendor
Manufactured in India / Abroad
To be specified by vendor
Offered make & Model
To be specified by vendor
Service
Shunting
Power rating of Locomotive
700 HP (Minimum) Single Power Pack
Classification: Axle arrangement
To be specified by vendor
Number of Axles: Driven/Non Driven
Four, All Driven
Overall dimensions: DRG. No
To be specified by vendor
Rail Gauge (mm)
1676
Maximum Axle Load (Te) ± 3%
To be specified by vendor
Weight of Locomotive on Rail under
To be specified by vendor
working conditions (Te) ± 3%
Maximum Tractive Effort (kN)
To be specified by vendor
Factor of adhesion with normal track
0.3
conditions and dry rails
Wheel Diameter over tread (mm)
915.00 to 1100.00 (Preferably)
Fuel Tank Capacity (Liters)
2000 to 3000 (Preferably)
Maximum radius of curve that can be
To be specified by vendor
negotiated (M)
Tractive Effort Vs Speed Curve No.
To be specified by vendor
Maximum Geared Speed of Locomotive
To be specified by vendor
(kmph)
Maximum continuous tractive effort (kN) To be specified by vendor
Minimum Speed at Maximum Continuous
To be specified by vendor
Tractive Effort (kmph)
Diesel Engine
28
Diesel Engine make
Model Number/Type
No. of Cylinder
Type of Cycle
Bore and Stroke
Displacement (Leter or cu.in)
Rated Speed of Engine (rpm)
Rated Gross Output Power (± 5%) under
standard condition - Intermittent (HP)
29
Rated Gross Output Power (± 5%) under
To be specified by vendor
standard condition - Continuous (HP)
21
22
23
24
25
26
27
Cummins/Caterpillar (Preferably)
To be specified by vendor
To be specified by vendor
Four stroke
To be specified by vendor
To be specified by vendor
To be specified by vendor
To be specified by vendor
Data/Confirmation
by Vendor
NFV/PUR/AMW-151328-H1
Page 16 of 38
30
31
32
33
34
35
36
37
Number of Engine installed per
Locomotive
Description of pressure charging
Conforming to STD
Fuel consumption @ 100% Load
Transmission
Transmission Type: Hydraulic/Electrical
Make of Transmission, if Hydraulic
Model
Drive to Axle
One
Turbo Charged and after cooler
To be specified by vendor
To be specified by vendor
Hydraulic
Voith Germany (Preferably)
To be specified by vendor
To be specified by vendor
NFV/PUR/AMW-151328-H1
Page 17 of 38
Annexure-III
Mechanical Design of Locomotive
Sl.No.
Arrangement
NFL Requirement
1
MAINFRAME
The mainframe shall be of robust box
type design, Fabricated from IS 2062
quality of weldable steel designed to
withstand high loads and static buffing
strength. The mainframe is of all welded
construction fabricated with I - beam
rolled section and plates having high
torsion stability and resistance to bending
loads. The construction is well braced
with transverse and longitudinal
members to withstand buffing and draw
gear loads encountered during shunting
operations. The design of the main frame
includes a heavy deck plate extending
over entire frame length for mounting of
main equipment.
2
BOGIE
The bogies shall be of BB design and of
robust construction to withstand
maximum traction and braking forces
during operation. Design characteristics
include high adhesion, low weight
transfer and satisfactory riding comfort.
Horn guide faces are provided with
manganese steel liners. Design provides
for equalizing load on the axles.
3
WHEEL AXLE &
FINAL DRIVE
Monoblock, heavy duty rolled steel
wheels conforming to Indian Railway
specifications R34. Axles are
manufactured from high grade steel
forging equivalent to Indian Railway
specification R43.Grease lubricated roller
bearings are used on the axle bearing
journal.
4
JACKING PADS
Provision has been made in the frame for
lifting of complete locomotive with bogies
or lifting the under frame and super
structure by means of lifting jacks after
disconnecting bogies.
Data/Confirmatio
n
by Vendor
NFV/PUR/AMW-151328-H1
Page 18 of 38
5
DRIVERS CABIN
The Locomotive is provided with full
width single driving cab properly
ventilated and fully insulated and sound
proof with all round visibility. The design
is based upon sound ergonomic
considerations for maximum driver
comfort. Two entrance doors are
provided on diagonally opposite sides.
Location of controls, gauges and
instrumentation are arranged for easy
accessibility and visibility. There is
provision for single control panel with two
driver's desk having controls for
movement of Locomotive in either
direction. Heavy duty pneumatically
operated windscreen wipers are provided
for front and rear windows.
6
SUPER STRUCTURE
Bonnet type construction with hinged
side doors with louvers. Provision exists
for walkway right around the Locomotive.
Rain water gutters are provided for
drainage along the length of the
Locomotive.
7
FUEL TANK
Fuel tank is manufactured from heavy
gauge steel, well baffled and ventilated.
The fuel tank is located under the deck.
Two numbers graduated (Litres) and
protected fuel gauges are provided on
either side of the tank.
8
DRAW AND BUFFER
GEAR
The Locomotive is fitted with at each end
with transition type couplers and side
buffers standardised for operation.
9
SPRING GEAR
Helical springs conforming to Indian
Railway Specification R1 for silicon
manganese steel or AAR Specification
M-114 or equivalent have been used to
transfer the load from pivot to the axles.
10
COW CATCHER
Cow catcher of robust construction and
bolted to the buffer beam is provided at
end of the Locomotive.
11
DIESEL ENGINE
The locomotive shall powered by single
engine which shall be proven for traction
application and operates reliably under
tropical conditions. Engine Starting shall
be of electrical type and engine rating
shall be designed for maximum load
requirement for traction and power
requirement for auxilaries.
NFV/PUR/AMW-151328-H1
Page 19 of 38
12
RADIATOR
ARRANGEMENT
The water cooling system for the engine
system and transmission oil is
pressurized and of robust construction
with provision of twin radiators of
adequate capacity to handle the cooling
requirements under continuous full load
conditions.
13
HAND RAIL &
FOOTSTEPS
Suitable hand rails are provided along
the side of the hood, across ends and
near
footsteps. Footsteps are of non-skid
plates are provided at four corners of the
frame and near entrance doors.
14
AIR INTAKE
ARRANGEMENT
Air intake is filtered through primary and
secondary filters.
15
TRANSMISSION
The locomotive shall be fitted with single
Voith make (preferably) transmission with
torque converter for forward & reverse
capability. The transmission shall be of
instant turbo reversing clutchless type
and shall be designed to automatically
adjust the torque requirements
commensurate with demands from the
trailing load input and output power to
and from the transmissions through
heavy duty cardan shaft.
16
BATTERIES
Lead acid storage heavy duty 24 V
storage battery of robust and proven
design and of adquate capacity will be
provided.
17
BRAKE RIGGING
ARRANGEMENT
Locomotives are fitted with compressed
air brake system design using reputed
brake components. The braking system
is designed such that with full brake
pressure, the braking force on brake
shoes is 80% of the maximum weight of
the Locomotive. All wheels of the
Locomotive are braked and the brake
shoes are of Ferrodo. Additionally, the
locomotive will be equipped with Air
brake system for trailing load. A hand
brake actuated by ratchet mechanism in
driver's cabin is provided for
emergency/parking.
18
WARNING HORNS
Dual tone Pneumatic horns shall be fitted
facing outwards at each end of the cabin.
NFV/PUR/AMW-151328-H1
Page 20 of 38
19
SANDING
ARRANGEMENT
Pneumatic sanding gear of reliable and
robust type is provided so that sand is
available on the leading wheels of each
bogie in either direction of travel.
20
COMPRESSOR
The air compressor is designed of
adequate capacity to meet the
requirements for both the braking system
and auxiliary controls.
21
Painting
The painting scheme will be as per NFL
requirement/ manufacturer standard and
painting will be satisfactory enough to
last harsh operating conditions atsite.
22
PNEUMATIC PIPING
Pneumatic pipes shall be used on the
Locomotive control to specification
IS:1239. The layout shall be designed to
allow easy access with provision of long
length with minimum bends and elbows.
Electrical conduits shall be seperated out
from the pneumatic piping with the length
of te piping/cables kept to the bear
minimum with junction boxes for access
and fault rectification. All cable and wires
shall be taggedand tabled as per
standard practice. Pipe/ducts and
conduits shall be marked with different
colours for easy identification.
23
CONTROL
EQUIPEMENT AND
INSTRUMENTATION
Adequate control equipment including
gauges, instruments and safety devices
are provided for safe and satisfactory
operation of Locomotive. Control stands
are positioned in such a way as to enable
driving in either direction.
The following controls, gauges and
safety devices are provided
Controls
Engine Start-Stop
Engine throttle - cum- forward/reverse
Illumination
Brake
Horn
NFV/PUR/AMW-151328-H1
Page 21 of 38
Windscreen Wipers
Sanding
Instruments and gauges
Engine service hour meter
Engine rpm meter
Speedometer
Engine oil pressure gauge
Engine water temperature gauge
Air pressure gauges for brake system
Brake cylinder pressure gauge
Control air pressure gauge
Main air reservoir pressure gauge
Ammeter for battery
Transmission oil pressure and
temperature gauge
Warning signals / Indication lamps
and Safety device
Low lube oil pressure: Transmission
power cut off and engine shut down
Radiator water temperature too high:
power to Transmission cut off and
Engine shut down
Engine rpm too high: power to
Transmission cut off and engine shut
down
Transmission oil temperature too high:
Transmission power cut off
Exhaust gas temperature too high:
engine shut down
Transmission on: Indication signal
Battery discharge : Indication signal
NFV/PUR/AMW-151328-H1
Page 22 of 38
Head light/parking lights on: Indication
signal
All the instruments and gauges are
proven and reliable design. In addition to
above safety devices, protection against
electrical overload are also provided.
24
Quality Assurance
Plan
The Locomotive shall be built as per the
standard and specifications laid out in
manufacturer's Quality Assurance Plane
covering materials, bought out items
manufacturing processes, workmanship
and tensting requirements for sub
assemblies and the finished Locomotive.
NFV/PUR/AMW-151328-H1
Page 23 of 38
Annexure-IV
TWO YEARS MANDATORY SPARE PARTS LIST
S.No.
Description
Unit
Qty
V-Belt for Radiator Fan
Nos
3
2
V-Belt for Alternator
Nos
3
3
V-Belt for Water Pump
Nos
3
4
Kit Fuel Fiter& Ring
Nos
12
5
Element Lube Oil Filter
Nos
12
6
Kit Super By-Pass Filter Element
Nos
8
7
Air Filter Inner Outer as ONE SET
Nos
6
8
Oil Pressure Switch
Nos
3
9
Temperature Switch
Nos
3
10
Engine hour meter
Engine rpm meter
Nos
3
11
Nos
3
12
Speedometer
Nos
3
13
Engine oil pressure gauge
Nos
3
14
Engine water temperature gauge
Nos
3
15
Hoses Elbow with clamp
set
3
16
Strainer
Nos
3
17
Gasket
set
3
18
Sealing Ring
Set
3
19
S.D.Valve
Nos
3
B
Transmission
1
Oil Seal
Set
1
2
Hoses
Set
1
C
Other Loco Spares (Gear Boxes, Electricals etc.)
1
Non-Return Valves
Set
1
2
Battery Isolating Switch
Nos
1
3
Hoses
Set
1
4
Circuit Breaker Engine
Nos
2
5
Starting Key Switch with element
Nos
1
6
Fuel Bypass Push Button
Nos
2
7
Indication Light Bulb
Nos
10
8
Head Light Bulb
Nos
6
9
Tail Light Set
Nos
2
10
Cab and Hood Light Bulb
Nos
6
11
Engine Stop Push Button with element
Nos
2
12
Brake Block Shoe
Nos
32
13
Oil Seals for Axle Drive Gear Box (Output)
Set
1
14
Oil Seals for Axle Drive Gear Box (Input)
Set
1
15
Torque Arm Pin & Nut
Set
1
19
Main Circuit Breaker
Nos
2
20
Diodes
set
2
A
Diesel Engine Spares
1
NFV/PUR/AMW-151328-H1
Page 24 of 38
21
Circuit Breaker
Nos
2
22
Toggle Switch
Nos
8
23
Electronic Timer
Nos
2
24
Electronic Hooter
Nos
1
25
Air Pressure Gauge
Nos
2
26
Torque Converter Oil Pressure Gauge
Nos
1
27
Ammeter
Nos
1
28
L.O. Temp. Gauge
Nos
1
D
Loco Pneumatic Equipment Spares
1
Repair Kit 4/2 Way Valve - Driver's Valve
set
2
2
Repair Kit Engine Control Device
Set
2
3
Repair Kit C2w Relay Valve
Set
2
4
Repair Kit 24-A Double Check Valve 3/8"
Set
2
5
Repair Kit Duplex Check Valve 3/4"
Set
2
6
Filter Element for J-1 Filter
Nos
2
7
Repair Kit S A Brake Cylinder 8 x 8"
Nos
2
8
Repair Kit A9 Automatic Brake Valve
Nos
2
9
Repair Kit For SA-9 Independent Brake Valve
Nos
2
10
Repair Kit for D A Brake Cylinder 8 x 6"
Nos
2
11
Repair Kit for Safety Valve
Nos
2
12
Repair Kit for Horn OPT Valve
Nos
2
13
Shut off cock
Nos
2
14
Repair Kit for Duplex Brake Cylinder
Nos
2
15
Repair Kit for close regulating valve
Nos
2
16
Tubular check valve
Nos
2
E
Compressor
1
V-Belt for Compressor
Set
2
2
Hoses for Compressor
Set
1
3
Repair Kit for Compressor
Set
2
4
Piston Ring Set
set
3
5
Disk Valve assembly Set
set
3
6
Oil Seal
Nos
3
7
Breather Assy.
Nos
3
8
Piston with G Pin set
set
3
9
Circlip
set
3
10
Sasfety Valve
Nos
3
11
Dipstick with chain
Nos
3
12
Oil bath filter
Nos
3
NFV/PUR/AMW-151328-H1
Page 25 of 38
Annexure-V
LIST OF CERTIFICATES TO BE FURNISHED WITH DOCUMENTS:
SL.
NO.
DESCRIPTION
TEST
CERTIFICATE
INSPECTION
REPORT
1
2
3
4
5
6
7
8
9
10
DIESEL ENGINE
TRANSMISSION
CARDAN SHAFT
COUPLING
COMPRESSOR
BRAKE EQUIPMENTS
COUPLER
BEARING
WHEEL
GEAR & SHAFT
FORGINGS
AXLE BOX, GEAR
BOX CASTING
SPRING
GEAR & PINION
MACHINING
AXLE MACHINING
GEAR BOX, WHEEL &
AXLE BOX
MACHINING
PLATE
BOGIE
BATTERY
OEM MANUAL
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
-
WARRANTY
AND
GUARANTEE
CERTIFICATE
YES
YES
YES
YES
YES
YES
-
YES
-
-
YES
-
YES
YES
-
-
YES
YES
-
11
12
13
14
15
16
17
18
19
YES
YES
YES
YES
EACH SET COMPRISING OF ENGINE PARTS AND O & M
MANUAL, TRANSMISSION PARTS AND O & M MANUAL,
COMPRESSOR PARTS AND O & M MANUAL, LOCO PARTS
AND O & M MANUAL
NFV/PUR/AMW-151328-H1
Page 26 of 38
Annexure-A
PROFORMA FOR PRICE BID
(To be submitted on your Letterhead)
Quotation Ref:_____________________
Dated :_____________________
To,
The Chief Manager (Matls)
National Fertilizers Limited
VIJAIPUR – 473111, Dist: Guna (MP)
Sub:
Your NIT No.NFV/PUR/AMW-151328-H1 dated 10-JUNE-2016, Due on: 01-AUGUST-2016
Dear Sir,
1.With reference to above-mentioned tender, we hereby submit our Price Bid for subject material as under:
S.No. Description
Unit
Qty Unit
Amount
Rate (Rs) (Rs)
1.
No.
01
A)
Design, Manufacture, Supply, Testing and
Commissioning of
Diesel Shunting Locomotive
having Single Power Pack
Diesel Engine with 4Axles and Hydraulic Turbo Reverse Transmission
of drive power of minimum 700 HP Capacity, the
drive from the transmission to wheel will be
through Final Drive and heavy duty cardan shaft.
Detailed
Technical Requirement and
Mechanical Design
Requirement shall be as per
Annexures-II and III.
(B)
Two Years Spares as per Annexure-IV
2.
3.
4.
5
6
7
8
9
10
Total Basic Price on Ex-works basis
P& F Charges (if any)
Excise Duty @……….. %
Educational Cess on Excise Duty ………..%
Sales Tax @………….% against Form-C
Third Party Inspection Charges (if any)
Service Tax on TPI (if any)
Any other charges (Please specify)
Freight from party’s works to NFL Vijaipur Site, Dist. Guna (MP)
11
GRAND TOTAL (on Landed Cost basis i.e. 2+3+4+5+6+7+8+9+10)
12
Name of Third Party Inspection Agency to be engaged by you
2.
Are you registered as MICRO, SMALL or MEDIUM
Enterprise under MSMED Act 2006?
:
If YES,
A) Please indicate relevant category with copy
of documentary proof issued by the concerned authorities
:
B) Does your firm fall under MSE’s owned by SC/ST
Entrepreneurs? If so, enclose a copy of documentary evidence :
3.
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
:
Your Income Tax PAN
:
NFV/PUR/AMW-151328-H1
Page 27 of 38
4.
Dated:
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.
Signature & Seal of Tenderer or
Their Authorized Representative: ____________
Name & Address of Tenderer: _______________
_______________________________________
Phone No: ______________________________
Fax no.: ________________________________
E-Mail:__________________________________
NFV/PUR/AMW-151328-H1
Page 28 of 38
Annexure-B
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.
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 for10%, then loading shall be done as under:PBG Quoted
Less than 10%.
Loading Criteria
10% - 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:
[10% 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 dispatch of material/
through Bank
Foreign Bidders
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
NFV/PUR/AMW-151328-H1
Page 29 of 38
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 Chief Manager-Materials
NFV/PUR/AMW-151328-H1
Page 30 of 38
ANNEXURE-C
SPECIFIC CONFIRMATION BY VENDOR
Note: Please submit this ANNEXURE duly filled, signed and stamped along with your
Unpriced Techno-Commercial Bid
1.
2.
3.
4.
5.
6.
7.
8.
9.
Complete Technical Specifications of offered items provided in the Part-I
(i.e. Unpriced Techno-Commercial)
Complete compliance to Technical Specifications as per Annexures of NIT. If
NOT, Annexure-wise & Clause-wise Deviations List is submitted.
Prices quoted are on F.O.R. NFL Vijaipur basis giving price break up as per
Proforma for Price Bid (Annexure-A)
Indicate the Name of the Third Party Inspection Agency to be
engaged by you (i.e. M/s LRA/ M/s BV/ M/s RITES)
Tender Cost of Rs.1150/- (Rupees One Thousand One Hundred Fifty only) as
per Clause No.2.36.
EMD of Rs.1,00,000/- (Rupees One Lakh only) or equivalent in
quoted currencysubmitted as per Clause No. 3.00
Furnishing of Security Deposit-cum-Performance Guarantee @5% of Order
Value OR Minimum Rs.3.75 Lakh (Rupees Three Lakh Seventy Five Thousand
ony) within 30 days of receipt of Purchase Order as per NIT Clause No. 4.00
Acceptance of Liquidated Damages for Late Supply as per NIT Clause No.
12.00
Delivery Period for supply of material from the date of receipt of PO
Indicated
Confirm
Yes.
Yes
Yes
Agreed
Agreed
Indicated
10.
Confirm acceptance of 100% payment within 30 days of receipt and
acceptance of material at site through RTGS
Agreed
11.
Confirm validity of offer for 120 days from the date of opening
Yes
12.
Accepted all the Special Conditions & Conditions mentioned under AnnexureV of our NIT.
A copy of UNPRICED FORMAT of Price Bid is enclosed with TechnoCommercial Unpriced Bid (Part-I)
Will guarantee/warranty the items as per NIT Clause No. 5.00/ Clause No.10
of NIT Annexure-I
Yes
15.
Confirmation for acceptance of order for part quantities
Yes
16.
Meeting all the Eligibility Criterion mentioned under Clause No.1.00 and its
sub-clauses of NIT and have submitted all relevant documentary evidence in
support of the same along with 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
Yes
Submitted Integrity Pact as per Annexure-F duly executed, along with
Yes
13.
14.
17.
18.
Yes
Yes
Yes
unpriced techno-commercial bid
19.
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.
Name of Signatory_________________________
(in capitals)
Designation of Signatory:____________________
Name & Address of the firm._________________
NFV/PUR/AMW-151328-H1
Page 31 of 38
Annexure-D
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 ______________________2016
Corporate seal
for Bank
NFV/PUR/AMW-151328-H1
Page 32 of 38
Annexure-E
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-cumPerformance 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-CUM-PERFORMANCE
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-CUM-PERFORMANCE
GUARANTEE shall become null and void.
NFV/PUR/AMW-151328-H1
Page 33 of 38
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-cum-Performance
Bank Guarantee will remain in force initially upto __________________ 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)
NFV/PUR/AMW-151328-H1
Page 34 of 38
ANNEXURE-F
(To be executed on plain paper and submitted along with technical bid/tender
documents for tenders having a value of Rs.1 crore or more.
To be signed by the bidder and NFL.)
National Fertilizers Limited (NFL) hereinafter referred to as “The Principal”.
AND
_________________________hereinafter referred to as “The Bidder/Contractor”
PREAMBLE
The Principal intends to award, under laid down organizational procedures, contract/s for
___________________________. The Principal values full compliance with all relevant
laws of the land, rules, regulations, economic use of and of fairness/transparency in its
relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor
(IEM), who will monitor the tender process and the execution of the contract for
compliance with the principles mentioned above.
Action 1 – Commitments of the Principal.
1. The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles :a) No employee of the Principal, personally or through family members, will in connection
with the tender for, or the execution of a contract, demand, take a promise for or accept,
for self or third person, any material or immaterial benefit which the personal is not legally
entitled to.
b) The Principal will during the tender process treat all Bidder(s) with equity and reason.
The Principal will in particular, before and during the tender process, provide to all
Bidder(s) the same information and will not provide to any Bidder(s)
confidential/additional information through which the Bidder(s) could obtain an advantage
in relation to the process or the contract execution.
c) The Principal will exclude from the process all known prejudiced persons.
2. If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard,
the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary
actions. Section 2 – Commitments of the Bidder(s)/Contractor(s)
Section 2 – Commitments of the Bidder(s)/Contractor(s)
1. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his participation
in the tender process and during the contract execution.
a. The Bidder(s)/contractor(s) will not, directly or through any other persons or firm, offer
promise or give to any of the Principal’s employees involved in the tender process or the
execution of the contract or to any third person any material or other benefit which he/she
is not legally entitled to, in order to obtain in exchange any advantage or during the
execution of the contract.
NFV/PUR/AMW-151328-H1
Page 35 of 38
b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non submission of
bids or any other actions to restrict competitiveness or to introduce cartelization in the
bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act;
further the Bidder(s)/Contractors will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or documents provided by the
Principal as part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically.
d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly, the bidder(s)/contractor(s) of Indian
Nationality shall furnish the name and address of the foreign principals, if any. All the
payments made to the India agent/representative have to be in Indian Rupees only.
e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3: Disqualification from tender process and exclusion from future
contract
If the Bidder(s)/Contractor(s), before award or during execution has committed a
transgression through a violation of Section 2 above or in any other form such as to put
his reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process or to terminate the contract, if already
signed, for such reasons.
Section 4 : Compensation for Damages
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages
equivalent to Earnest Money Deposit/Bid Security.
2. If the Principal has terminated the contract according to Section3, or if the Principal is
entitled to terminate the contract according to Section3, the Principal shall be entitled to
demand and recover from the Contractor liquidated damages of the Contract value or the
amount equivalent to Performance Bank Guarantee.
Section 5 : Previous Transgression
1. The Bidder declares that no previous transgressions occurred in the last three years
with any other company in any country conforming to the TII’s anti corruption approach or
with any other public sector enterprise in India that could justify his exclusion from the
tender process.
2. If the bidder makes incorrect statement on this subject, he can be disqualified from the
tender process and appropriate action can be taken including termination of the contract,
if already awarded, for such reason.
NFV/PUR/AMW-151328-H1
Page 36 of 38
Section 6 : Equal treatment of all Bidders/Contractors/Subcontractors.
1. The Principal will enter into agreements with the identical conditions as this one with all
bidders, contractors and sub-contractors.
2. The Principal will disqualify from the tender process all bidders who do not sign this Pact
or violate its provisions.
Section 7: Criminal charges against violation Bidder(s)/Contractor(s)/Subcontractors(s).
If the Principal obtains knowledge of conduct of a Bidder(s)/ Contractor(s) which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the
Principal will inform the same to the Chief Vigilance Officer.
Section 8 : Independent External Monitor/Monitors
1. The Principal appoints competent and credible Independent External Monitor for this
Pact. The task of the Monitor is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this agreement.
2. The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. It will be obligatory for him to treat
the information and documents of bidders /contractors as confidential. He reports to the
Chairman & Managing Director, NFL.
3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without
restriction to all project documentation of the Principal including that provided by the
Contractor. The Contractor will also grant the Monitor, upon his request and demonstration
of a valid interest, unrestricted and unconditional access to his project documentation. The
same is applicable to Subcontractors. The Monitor is under contractual obligation to treat
the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with
confidentiality.
4. The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.
5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he
will so inform the Management of the Principal and request the Management to discontinue
or take corrective action, or to take other relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate action.
6. The Monitor will submit a written report to the Chairman & Managing Director,, NFL
within 8 to 10 weeks from the date of reference or intimation to him by the Principal and,
should be occasion arise, submit proposals for correcting problematic situations.
7. Monitor shall be entitled to compensation on the same terms as being extended
to/provided to Independent Directors on NFL Board.
8. If the Monitor has reported to the Chairman & Managing Director, National Fertilizers
Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the
Chairman & Managing Director, NFL has not, within the reasonable time taken visible
action to proceed against such offence or reported it to the Chief Vigilance Officer, the
Monitor may also transmit this information directly to the Central Vigilance Commissioner.
9. The word “Monitor” word include both singular and plural.
NFV/PUR/AMW-151328-H1
Page 37 of 38
Section 9 : Pact Duration
This pact begins when both parties have legally signed it. It expires for the Contractor 12
months after the last payment under the contract, and for all other Bidder 6 months after
the contract has been awarded.
If any claim is made/lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/determined
by Chairman & Managing Director of NFL.
Section 10 : Other Provisions
• This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal i.e. New Delhi.
• Changes and supplements as well as termination notices need to be made in writing.
Side agreements have not been made.
• If the contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
• Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
(For & on behalf of the Principal)
(Office Seal)
(For & on behalf of Bidder/Contractor)
(Office Seal)
Place_________________
Date_________________
Witness 1 :
Witness 1 :
(Name & Address)
(Name & Address)
_____________________________
______________________________
______________________________
_____________________________
_____________________________
___________________________
Witness 2 :
Witness 2 :
(Name & Address)
_____________________________
______________________________
______________________________
(Name & Address)
___________________________
___________________________
___________________________
NFV/PUR/AMW-151328-H1
Page 38 of 38
ANNEXURE-G
Benefits to Micro and Small Enterprises (MSEs):
With reference to the Order of the Ministry of MSME, under the Public Procurement Policy, March 2012, Micro and
Small Enterprises shall be entitled for benefits, subject to terms and conditions, as under:
a)
Qualifying Criteria for MSEs, SC/ST Vendors :
i.
MSE bidders must submit Registration Certificates from any of the following (or any other body
specified by the Ministry of MSME):






ii.
SC/ST owned Enterprises (i.e. SC/ST Proprietorship or holding minimum 51% shares in case of
Partnership/Private Limited Companies) shall additionally submit relevant SC/ST certificates issued
by any of the following:




(b)
National Small Industries Corporation (NSIC)
District Industries Centres (DIC)
Coir Board
Khadi and Village Industries Commission (KVIC)
Khadi and Village Industries Board (KVIB)
Directorate of Handicrafts and Handloom
District/Additional District Magistrate / Collector / Deputy Commissioner/ Additional Deputy
Commissioner / Deputy Collector / 1st Class Stipendiary Magistrate / Sub-Divisional
Magistrate/ Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner
Chief Presidency Magistrate /Additional Chief Presidency Magistrate / Presidency
Magistrate
Revenue Officer not below the rank of Tehsildar
Sub-Divisional Officer of the area where the individual and/or his family normally resides.
iii.
The registration shall be valid as on date of placement of order. A self-attested photocopy of the
relevant certificate shall be submitted as a support document.
iv.
The registration must be for the items/category of items / services relevant to the tendered items
/category of items / services.
Purchase Preference for MSE :
In tenders, where the L1 (evaluated price) bidder is a non-MSE, up to 20% of the tendered quantity shall be
allowed to be supplied by participating MSEs provided that the tendered quantity is divisible into two or more
orders and adequate for the purpose; all qualifying bidders have agreed for acceptance of part-order quantity
and participating MSE matches the L1 rate.
A share of 4% out of this 20% shall be allowed to be supplied by participating MSEs owned by Scheduled
Caste/Scheduled Tribe Entrepreneurs. In the case of an SC/ST owned MSE failing to participate in the tender
or not meeting the tender requirements, this 4% sub-target shall be met by other participating MSEs. The
above shall be subject to that the participating MSE (including SC/ST) bidders shall have quoted a price
within +15% of the L1 bid price and further that they shall agree to match their quoted price with the L1 price.
In case that two or more MSEs are within the L1 +15% band, all such MSEs will be offered the opportunity to
match the L1 rate and 20% of the order will be shared equally by them. Where the MSE is SC/ST owned,
they shall be exclusively awarded a share of 4% of the above 20% in addition to equally sharing the balance
16% with other non-SC/ST MSEs.
In case of more than one SC/ST MSE matching the L1 price, they shall equally share 4% of the order and
additionally share the balance 16% with other non-SC/ST MSE bidders.
(c)
Exemption from Earnest Money Deposit (EMD)/ Tender cost and Security Deposit (SD) for MSE:
i.
Tenders shall be provided free of cost and tender documents are downloadable from the websites of
NFL (http://www.nationalfertiizers.com) and the Central Public Procurement (CPP) Portal
(https://www.eprocure.gov.in/epublish/app) or can be obtained from the Office of Chief Manager
(Materials) / DGM (Materials) / General Manager (Materials)
ii.
iii.
MSE units qualifying as at (a) above shall be exempt from paying EMD.
Additionally, MSEs registered with NSIC shall be exempt from paying Security Deposit up to the
monetary limit mentioned in the certificate.
***