n f l, nangal unit, instrument department, gdcc · permitted subcontractor or the accredited ......

N F L, Nangal unit, Instrument Department, GDCC

GDCC- 1

Nangal Unit: Naya Nangal

(Instrument Department)

General Directions and Conditions of Contract

1.00 DEFINITIONS

1.01 OWNER or NFL shall mean National Fertilizers Limited, having their Registered

Office at Scope Complex, Core-III, 7-Institutional Area, Lodhi Road, New Delhi

– 110 003 and its Corporate Office at Scope A-11, Sector-24, NOIDA (UP)

(hereinafter called the ‘Company’), which expression where the context so

admits shall include their legal representatives, successors and assignees or

legal representatives.

1.02 CHIEF GENERAL MANAGER shall mean the officer in administrative charge of

the National Fertilizers Ltd., Nangal Unit, Naya Nangal (Punjab).

1.02.1 The ACCEPTING AUTHORITY shall mean Chief General Manager.

1.03 CONTRACTOR shall mean tenderer whose tender has been accepted and

shall include his legal representatives, successor and permitted assignees.

1.04 CONTRACT shall mean and include the LOI order/formal agreement/contract

tender accepted schedule of rate, Notice Inviting Tender, Technical

specification and General Directions and Conditions of contract, special

condition of contract, special specifications, if any and tender for all these

documents taken together shall be deemed to form one contract and shall be

complimentary to one and other.

1.05 COMMENCEMENT OF WORK shall mean the date on which letter of intent has

been issued by NFL or any other date which shall be agreed upon mutually

between the NFL and the contractor in writing and as specified in the contract.

1.06 SINGULAR/PLURAL words carrying singular number shall also include plural

and vice versa where the context requires.

1.07 INVITATION OF TENDER shall mean and include the present document

together with such supplement and addendum, which may be issued by thereto

later.

1.08 “WORKS” shall mean the works to be executed in accordance with the contract

or parts thereof as the case may be and shall include all extra or additional,

altered or substituted works or temporary and urgent works as required for the

performance of the contract.

1.09 SITE shall mean the site of NFL’s Factory Premises, Offices, and Township etc.

on which the works are to be carried out and service is to be performed under

the contract.

1.10 COMPLETION TIME shall mean the period or date specified in the tender

documents/ LOI/ Work order/ Time Schedule prepared subsequently in

consultation with Engineer-in-charge of handing over the completed works to

NFL.

1.11 DEFECT LIABILITY PERIOD/ PERIOD OF MAINTENANCE shall mean the

specified period of maintenance from the date of completion of work as certified

by the Engineer-in- In charge.

1.12.1 SCHEDULE OF QUANTITIES shall mean the list of job items with quantities

mentioned against each item for the execution of which tender is being called

for and shall become part of “works” against the Contract.


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1.12.2 SCHEDULE OF RATES shall mean the tender rates of contractor in respect of

which the tender has been accepted.

1.13 COMPLETION CERTIFICATE shall mean the certificate issued by the

Engineer-in-charge when the works have been completed.

1.14.1 SPECIFICATIONS shall mean the specification of materials and works issued

under the authority of the Engineer or as specified, added or modified by

special specification if any.

1.14.2 DRAWINGS shall mean the P & I drawing, the equipment drawing, Instrument

hookup drawing, electrical wiring diagrams, instrument vendor drawing, any

other engineering drawing and tracing or print thereof enclosed / annexed to or

referenced in the contract and shall include any modifications to drawings and

other approved drawings as may be issued by the engineer from time to time.

1.14.3 WRITING shall include various manuscripts, type written or statements under

the signature or seal of National Fertilizers Ltd., provided to the contractor,

permitted subcontractor or the accredited representative as the case may be or

vice versa.

1.15 The CONTRACT VALUE shall mean in the case of item Rate Contracts, the

cost of works arrived at after extension of quantities shown in the Schedule of

Quantities by the item rates quoted by the tenderer for the various items.

1.16 TENDERER shall mean the person or the firm or company or any other legal

entity, who has submitted the tender in response to the tender notice and shall

include his legal representatives, successors and permitted assigns.

1.17.1 TEST shall mean & include all such tests as calibration of instrument, pressure

testing, loop testing etc OR test to be carried out by the contractor are

prescribed in the contract / engineering specification / job specification or

considered necessary by NFL or his representative to ascertain quality,

workmanship, performance & efficiency of the contract or part thereof.

1.17.2 REPAIR shall mean setting right a damaged machine / equipment / instrument

/ connecting pipes & tubes components at site with the help of fitting hand tool,

welding & heating as the case may be.

1.17.3 ERECTION shall mean installation of an instrument / instrument item / cables/

complete instrument system with proper support structure, associated tubing /

piping / cabling & wiring as per instrument manufacturer’s guidelines, drawings

including necessary modification as per engineer’s instructions to suit site

conditions.

1.18 “ENGINEER-IN-CHARGE” shall mean the Engineer Officer (Instrument)

appointed by the NFL or his duly authorized representative(s) who shall direct,

supervise and be in-charge of the works for the purpose of this contract.

1.19 “MARKET RATE” shall be the rate as decided by the Engineer-in-charge, on

the basis of the cost of materials and labour at the site where the work is to be

executed, plus 10% to cover all overhead and profit.

1.20 “URGENT WORKS” shall mean any urgent measures, which in the opinion of

the Engineer-in-charge become necessary during the progress of the work to

obviate any risk of accident or failure or which become necessary for security.

1.21 “WORKS” shall mean the works to be executed in accordance with the contract

or parts thereof as the case may be and shall include all extra or additional,

altered or substituted works or temporary and urgent works as required for the

performance of the contract.

1.22 PERIOD OF CONTRACT includes extended period contract and liability period.


GDCC- 3

1.23 A “DAY” shall mean a day of 24 hours from midnight to midnight irrespective of

the number of hours worked in that day.

1.24 A “WEEK” shall mean seven days without regard to the number of hours

worked in any day in that week.

2.0 INSTRUCTIONS TO TENDERERS

2.1 Incomplete tenders/tender without earnest money and tenders received after the

closing date are liable to be out rightly rejected.

2.2 Each tenderer must satisfy himself of the conditions under which the

services/contract to be undertaken and should fully acquaint himself with the

form & nature of the sites, the quantities and nature of works, the material

necessary for completion of work, the means of access to site, obtain all

necessary information as to the risks, contingencies and other circumstances

which may influence or effect this tender, all existing conditions limitations and

official regulations. No extra charges consequent on any misunderstanding or

other wise shall be allowed. Failure to comply with the above requirement will

not relieve a tenderer of his obligation in the event of his tender being accepted.

Tenderer shall give specific reason for rejections of such of the requirements as

may not be acceptable. Unless otherwise specifically stated in the tender, it will

be assumed that the terms and conditions specified in the ‘Invitation to Tender’

is accepted by the tenderer without reservation.

2.2.1 SUFFICIENCY OF TENDER

The tenderer shall be deemed to have satisfied himself before tendering as to

the correctness and sufficiency of his tender for the works and of the rates and

prices quoted in the schedule of quantities and shall, except as otherwise

specifically provided, cover all his obligations under the contract and all matters

and things necessary for the proper completion and maintenance of the works.

2.3 The tenderer shall quote in English both in figures as well as in words the rates

and amounts tendered by him, on the form of schedule of quantities forming part

of the tender documents. The amount for each item shall be worked out and

entered and requisite totals be given for all items. The tenderer shall duly sign

the tendered amount for the work entered in the tender.

If there are differences found between the rates given by the contractor in words

and figures or in the amount worked out by him in the schedule of quantities and

the general summary, these shall be adjusted in accordance with the following

rules:

a) In case of duplicity of any item in the schedule of quantities, the lowest

quoted rate of the contractor for such items will be operated in the

contract.

b) When there is a difference between the rates in figures and words, the

rate, which corresponds to the amount worked out by the tenderer, shall

be taken as correct.

c) When the rate quoted by the tenderer in figures and words tallies but the

amount worked out is incorrect, the rate quoted by the tenderer shall be

taken as correct.

d) In the event of any error occurring in the amount column of schedule of

quantities as a result of wrong extension of unit rate and quantity, the

unit rate shall be regarded as firm and extension shall be amended on


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the basis of the rate.

e) All errors in totaling in the amount column and in carrying forward total

shall be corrected.

f) The total of various sections of schedule of quantities as amended shall

be carried over to the general summary and the tendered sum amended

accordingly. The tendered sum so altered shall, for the purpose of the

tender, be substituted for the sum originally tendered and considered for

acceptance. Any rounding off in the schedule of quantities or in general

summary, by the tenderer, shall be ignored.

2.3.1 The tenderer shall set their quotations in the firm figures and without

qualifications or variations or additions in the terms of that tender document.

Tenders containing qualifying expressions such as “Subject to minimum

acceptance” or “subject to prior sale” or any other qualifying expressions or

incorporating terms and conditions at variance with terms and conditions

incorporated in the tender documents shall be liable to be rejected.

2.4 The contractor as a token of acceptance of NIT terms and conditions shall sign

all pages of NIT and annexures.

2.5 Tenders containing erasures and alternations of the tender documents are liable

to be rejected. Any corrections made by tenderer in his/their entries must be

authenticated by him/them. The tenderer shall authenticate all pages of the

tender document.

2.6 Rates quoted shall be inclusive of all taxes, duties if any, unless specified to the

contrary in the tender documents, payments of taxes is primarily the

responsibility of the contractor and will not be payable by NFL. The rate be

quoted shall be firm throughout the period of contract & the contractor will not be

entitled to any increase in rates on account of revision in minimum wages

announced by the Govt. or due to increase in any other expenses.

2.7 If the tenderer withdraw the tender before the expiry of validity period or the

tenderer whose tender is accepted by the NFL, fails to undertake the work as

per the terms of contract, the earnest money deposited by the tenderer will be

forfeited without prejudice to other measures.

2.8 The tenderer may please note that tenders are valid for 120 days from the date

of opening and if the work order is placed during the above period the tenderer

will be bound by the terms, conditions and rates quoted by him in his tender

through out the period of execution of the contract including extended period.

If the tenderer withdraws or revokes the tender or revises the terms and

condition of the tender including tender rates, all or any item, with in a period of

aforesaid 120 days his earnest money shall be forfeited besides other remedy

available to NFL.

2.9 In case of any discrepancy between the description of specifications, and for

other tender documents, the decision of NFL in writing shall be final, binding and

conclusive for the purpose of this contract.

2.10 The tenderer shall quote his/their rates with reference to each item and must

tender for all the items shown in the schedule of quantities.

2.11 DECLARATION OF TENDERERS RELATIONS WITH NFL EMPLOYEES:

Should a tenderer have a relation or in the case of a firm, one or more of its

partners a relation or relations employed in NFL or in case of company any of its

official or relations employed in NFL, the authority inviting tenders shall be

informed of the fact at the time of submission of the tender. If so, the name,


GDCC- 5

designation, department and E.No. of such employees be indicated failing which

NFL may in its sole discretion reject the tender or rescind the contract. If any ex-

employee(s) of NFL is/are employed with the tenderer, name, designation,

department and E.No. of such employee(s) be indicated and if any ex-

employee(s) of NFL is/are employed, after acceptance of tender, the said

particulars shall also be intimated immediately in writing to NFL from time to

time.

2.12 The tenderer shall not be entitled to claim any cost, charges, expenses or

incidentals for the preparation and submission of this tender even if the

Management may decide to withdraw the “Invitation to Tender”.

2.13 The terms “as described”, “as shown”, “as directed”, “as approved”, “as

completed”, “as mentioned” in the description of items shall mean as directed in

design or drawings and as directed by Engineer (Instrument).

2.14 Chief General Manager reserves the right to accept in his sole and unfettered

discretion any of the tenders or part thereof or to reject any or all of the tenders

or split and award work between more than one tenderer without assigning any

reasons whatsoever. He also does not bind himself to accept the lowest tender.

2.15 The award of work will be in accordance with the provisions of LOI, Work Order,

Agreement, NIT, special terms and conditions of the contract, instructions to

tenderers, General Directions and conditions of contract.

Notification for award of Contract/ LOI shall be made by letter/ fax to successful

bidder.

The contractor, in turn, on receipt of notification shall give his acceptance of LOI

by fax followed by original letter through post/ courier.

2.16 The following documents forming the contract are to be taken as mutually

explanatory of one another and in case of discrepancy the following order of

preference shall be observed:-

(i) Agreement

(ii) Work Order

(iii) Letter of intent

(iv) NIT

a) Technical scope of work

b) Engineering Specification

c) Special terms and conditions etc.

d) GDCC

2.16.1 ADDENDA to the tender documents may be issued prior to the date of opening

of tenders to clarify documents or to reflect modifications in the design or

contract terms.

Such addendum (s) issued shall be distributed in duplicate to each tenderer to

whom a set of tender documents has been issued. Each recipient will retain one

copy of such addendum(s) for submission along with his tender and return one

signed copy to the authority inviting tenders as acknowledgement of receipt of

the addendum (s). All such addendum(s) issued shall form part of tender

documents.

2.17 The contractor shall quote single rate against each item and not multiple rates.

Any tender with multiple rates quoted will be summarily rejected.

2.18 Variations: No variation of the clauses of this contract shall be valid unless

made in writing and duly signed by both the parties. The NFL shall not in

absence of its specified written acceptance, be bound by any provisions in the


GDCC- 6

tenderer’s offer, forms of acknowledgement of contract & other documents

which supports to this contract.

2.19 The successful tenderer cannot change the status of his concern after

submitting his tender without prior approval of NFL in writing.

2.20 Submission of Tenders:

1. No oral, telephonic, fax or telegraphic tenders or modification thereof will

be entertained.

2. Tenders should be submitted along with duly filled in ‘Bid form’ as given

in the GDCC.

3. The tender will be divided in three parts:

a) Earnest money.

b) Technical and commercial bid

c) Price bid

The above three parts shall be put separately into three envelopes as follows

and all the three envelopes should be super scribed with (i) Name of Work (ii)

Tender No., dated, (iii) Date of Opening of Tender (iv) Name and complete

address of the tenderer and all the said three envelopes should be submitted in

one sealed cover by the tenderer super scribing above stated (i) to (iv)

particulars.

I. 1st sealed envelope will contain Earnest Money of amount

specified in NIT in the form of DD/ Banker’s cheque in favour of

NFL Nangal UNIT, Payable at Nangal/ Naya Nangal. This

envelope should be inscribed “EARNEST MONEY”.

II. Second sealed envelope inscribed “TECHNICAL AND

COMMERCIAL BID” containing the following documents:

a) Signed copies of complete tender documents, including

proforma for schedule of quantities WITHOUT prices as

enclosed. Tenderer should sign each copy of these documents

in token of acceptance of our terms and conditions

III. Third sealed envelope inscribed, “PRICE BID – DO NOT OPEN” IN

RED. This envelope should contain the ‘schedule of quantities &

rates’/ ‘price bid’ with prices given in respective columns against

each item, as enclosed herein, duly completed and signed &

stamped on each page by the tenderer.

a) The price bid should be submitted in duplicate, clearly

inscribing the name of the tenderer.

b) THE PRICE BID SHOULD NOT CONTAIN ANY

COMMERCIAL AND TECHNICAL CONDITIONS/TERMS.

SUCH TERMS AND CONDITIONS, IF ANY, SHOULD BE

MENTIONED IN TECHNICAL AND COMMERCIAL BID

ONLY.

2.21 Not more than one tender shall be submitted by a contractor or by a firm of

contractors. If they do so, all such tenders shall be liable to be rejected.

2.21.1 The tenderer shall certify that none of their group/ sister concern/ partnership

firm are participating in this tender. They will also submit an undertaking that in

case of concealment of any facts, if detected later on the bidder along with

group/ sister concern/ partnership firm participated in this tender NFL reserves

its right to take action as per clause 8.10 of GDCC.


GDCC- 7

2.21.2 Tender documents shall remain the property of NFL and if obtained by one

intending tenderer shall not be utilized by another without the written consent of

NFL.

2.22 The tender shall contain the name and style, residence(s) and place(s) of

business of the tenderer making the tender and shall be signed by the tenderer

with his usual signature. If the tenderer is sole proprietorship concern, he should

submit affidavit to the effect. When the tender submitted is not in the name of an

individual i.e. the tenderer is not a sole proprietorship concern, the tenderer shall

disclose the nature, constitution and registration of the tendering firm along with

appropriate supporting notarized documents and shall be signed by person(s)

duly authorized by the firm by means of legal documents/power of attorney and

duly notarized copy of the same shall be attached with the tender. For

illustration, in the event of a tender being submitted by a partnership firm, it shall

furnish the full name of all the partners in the tender and shall annex a notarized

copy of the partnership deed to the tender. The tender must be signed and

stamped in the partnership name by all the partners or by a person holding a

power of attorney duly authorized to do so and such power of attorney or copy

thereof duly attested by Notary Public shall be produced with the tender, it must

disclose whether the firm is a unregistered or a registered concern of the

tenderer. In case it is a registered firm in that case notarized copy of original

registration certificate of respective registrar/or certified copy of registration by

the respective registration shall also be annexed to the tender. Tender

submitted by the company/corporation shall be signed in the name of

company/corporation with its stamp/seal by a person duly authorized to do so

and annex a notarized copy of such authorization. The notarized copy of

incorporation of Company and Memorandum and Articles of Association of such

company/corporation shall be annexed to the tender. The alike documents may

also be annexed to the tender by the tenderer in case the tenderer is any other

legal entity.

The person signing the tender shall state his capacity as also the source of his

ability to submit the tender. The power of attorney or authorization duly attested

by any Notary/Magistrate of tender documents constituting adequate proof of

the ability of the signatory to submit the tender shall be annexed to the tender.

The NFL may reject out rightly any tender unsupported by adequate proof of the

signatory’s authority.

2.23 NFL will not be responsible for any idle labour charges caused on account of

stoppage/suspension of work during the course of execution for any

unavoidable circumstances/reasons. The rates quoted shall also not be affected

by any change in the minimum wages payable to the workers, as fixed by the

Competent Authority from time to time.

2.24 The contractor should note that the work may have to be carried out in occupied

areas, in buildings & plants and in all weather conditions except as stated by

NFL, where there will be restrictions in free working of the labour due to

office/plant activities, for which, the contractor has to adjust his labour

accordingly and nothing extra will be paid for the same.

2.25 The contractor may have to carry out the work in running plant under prevailing

conditions, and therefore:

a) They may have to place their materials and equipments etc. at a place safe


GDCC- 8

for working as per directions of the Safety Officer/Instrument Engineer In

charge, and nothing extra will be payable for any extra load involved in

executing the works at different locations in Factory, Plants,

Offices/Township.

b) There may be hold ups/interruptions on this account and further contractor

may have to take extra precautions for working in factory plants, for which

nothing extra shall be payable. However, time extension for hold

ups/interruptions may be considered.

2.26 The quoted rates shall be applicable for execution of work at all levels, heights

and depths unless specifically mentioned in particular item of schedule of

quantities.

2.27 The price/rates quoted shall be all inclusive as provided, in respect of the

schedule of quantities, in the conditions of contract and the NFL shall not

entertain any claim for enhancement of the price(s) quoted on any account

whatsoever.

2.28 The contractor is required to quote reasonable rates for individual items strictly

as specified in schedule of quantities. Tender not complying with this stipulation

is liable to rejection. In case in the opinion of NFL, any particular

item/percentage rate is exorbitantly high, NFL reserves the right not to operate

such item(s) under this contract and to get such item(s) executed from any other

contractor and no claim on this account shall be entertained.

2.29 The tender for the works shall not be witnessed by a tenderer or tenderer(s) who

himself/themselves has/have tendered for the same works. Failure to observe

this conditions shall render the tender of the tenderer(s), tendering as well as of

those witnessing the tender, liable for rejection.

2.30 WITNESS: Names, details of occupations (simply stating service/business is

insufficient) and complete addresses of the witnesses shall be stated below their

signatures. Witness shall be a person of status.

2.31 RETIRED NFL EMPLOYEES: No employee of the NFL is allowed to tender for a

period of two years after his retirement from the employment of NFL without the

previous permission of NFL in writing. The contract, if awarded, and the tenderer

is found at any time to be such a person, and has not obtained the permission of

NFL before submission of the tender, NFL reserves its right to cancel the

contract. Any tender by a person aforesaid shall carry thereof on the face of the

tender, and shall be accompanied by a copy of the document by which the

requisite consent is given. Such disqualification shall apply also to every partner

of a partnership firm, Director of company and constituents of any other legal

entity.

2.32 WORKING HOURS: The contractor will adhere to the normal working hours as

observed in the factory area.

Normal working hours in General shift shall be from 8.00 am to 5.00 pm.

Normally three rotating shift duty periods are in practice. Shift A (Morning shift)

from 6 am to 2 pm; Shift B (Evening shift) from 2 pm to 10 pm; Shift C (Night

shift) from 10 pm to 6 am.

2.32.1 i. Contractor’s supervisor, technicians, welder & other staff shall be

available at his site office from 8.00 AM to 5.00 PM on all working days.

ii. However to meet plant exigencies, it will be required to work round the

clock on all days including Sundays and Holidays, as per directions of the

NFL engineer in charge. For this purpose, the contractor shall have a local


GDCC- 9

P&T telephone/ mobile phone with him and will mobilize his staff

immediately on receipt of information for attending to the jobs after normal

working hours.

2.33 WORK DURING NIGHT OR SUNDAY AND HOLDAY: Subject to any provisions

to the contrary contained in the contract, none of the permanent works shall be

carried out during night or on Sunday or on authorized holiday without the

permission in writing of Chief Manager (Inst) except when the work is

unavoidable or absolutely necessary for safety of life, property or work in which

case the contractor shall immediately advise the Chief Manager (Inst)

accordingly. However, to make up the progress of work the Chief Manager (Inst)

may allow the contractor in writing to carry out the work even beyond normal

hours or in two or three shifts round the clock at no extra cost and on

Sunday/Holiday, but in that event, NFL shall have right to recover the extra

expenditure so incurred for deployment of the staff beyond the normal hours and

Sundays/Holidays necessitated to make up the progress of work. The

recoverable amount determined by the Chief Manager (Inst) shall be final and

binding on the contractor.

3.00 GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT

3.01 Engineer In charge (Instrument) shall have general supervision and direction

of the works. He has authority to stop the work, whenever such stoppage may

be necessary to ensure the proper execution of the contract. He shall also

have authority to reject all work which do not conform to any of the

specifications, to direct the application of forces to any portion of the work as

in his judgments, is required and order the forces increased or diminished and

to decide questions which arise in the execution of the work.

Engineer In charge (Instrument) reserves the right to suspend the work or part

thereof at any time and no claim whatsoever on this account will be

entertained.

In case of any dispute, the contractor may appeal to the Engineer (Inst) whose

decision shall be final and binding.

3.01.1 The Engineer-in-charge may from time to time in writing delegate to his

representatives any of the powers and authorities vested in the Engineer-in-

charge and shall furnish to the contractor a copy of all such written

delegations of powers and authority. Any written terms of such delegation

shall bind the contractor and NFL as through it had been given by the

Engineer-in-charge.

3.01.2 Duties & powers of Engineer-in-charge’s Representative.

The duties of the representative of the Engineer-in-charge are to watch and

supervise the works and to test and examine any material to be used for

workmanship employed in connection with the works. They shall have no

authority to order any work involving any extra payment by NFL nor to make

any variation in the works.

3.01.3 Failure of the representative of the Engineer-in-charge to reject any work or

materials shall not prejudice to the powers of the Engineer-in-charge

thereafter to reject such work or materials and to order the pulling down,


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removal or breaking up thereof.

3.01.4 If the contractor shall be dissatisfied with any decision of the representative of

the Engineer-in-charge, he shall be entitled to refer the matter to the Engineer-

in-charge who shall thereupon confirm, reserve or vary such decision.

3.02 CORRESPONDENCE: All correspondence should in triplicate and invariably

bear reference to this contract number and date. The contractor shall furnish

to the Chief Manager-Instrument, the name designation and address of his

authorized representative and all complaints, notices, communications and

reference shall be deemed to have been duly given to the contractor if

delivered to contractor or his authorized representative or posted to the

address so given.

3.03 No claim whatsoever shall be entertained on account of failure to supply

electricity and water. The contractor shall give minimum of two week’s notice

in writing to NFL for effecting electric supply at specified point before

commencement of work at site.

3.04 The contractor shall keep on his work during its progress a competent

authorized representative and necessary assistance. The representative shall

represent the contractor in his absence and all direction given to him shall be

binding as if given to the contractor. IN no case the authorized representative

can refuse to receive the instruction. The contractor shall give efficient

supervision to the work, using his best skill and attention.

If the contractor in the course of the work, finds any discrepancy between the

drawing and the physical condition of the locality or any errors or omissions

drawings or in the layout as given by points and instruction, it shall be his duty

to immediately inform the Engineer In charge, Instrument in writing and the

Engineer (Instrument) shall promptly verify the same. Any work done after

such discovery, until authorized will be done at contractor’s risk. Neither party

shall employ or hire any employee of the other party without his consent.

3.05 NFL’S LIEN ON ALL MONEYS DUE:

NFL shall have lien on and overall or any money that may become due and

payable to the contractor under these presents, and or any other contract with

NFL either alone or jointly.

3.06 NFL NOT RESPONSIBLE FOR CONTRACTORS EMPLOYEES:

The contractor may employ such employees as he may think fit, and the

employees so employed shall be the employees of the contractor for all-

purpose whatsoever and shall not be deemed to be in the employment of NFL

for any purpose whatsoever. The contractor shall abide by all rules, laws and

regulations that may be in force from time to time regarding the employment

or conditions of service of the employees. If under any circumstances

whatsoever NFL is held liable or responsible in any manner whatsoever for

the default or omission on the part of the contractor in abiding by aforesaid

rules, laws and regulations or held liable or responsible to the employees of

the contractor in respect of any matter whatsoever, NFL shall be reimbursed

by the contractor for the same as also any other expense or costs incurred by

NFL on any proceedings or litigations, as a result of any claim, demand or act

on the part of contract. NFL shall be entitled to claim damages or

compensation from the contractor in that event.


GDCC- 11

3.07 NFL MAY DO PART OF WORK:

Upon failure of the contractor to comply with any instruction given in

accordance with the provision thereof, the NFL shall have the alternative right,

instead of assuming charge of entire work, to place additional labour force,

tool, equipment and materials on such parts of the work, as the company may

designate. In such case, without prejudice to any other mode of recovery, NFL

shall deduct from the amounts, which otherwise might be due to the contractor

whether under this contract or any other contract or otherwise the entire cost

for completing the work plus 25% (twenty five percent) added and should the

amount thereof exceed the amount due to the contractor, the contractor shall

pay the difference to NFL.

3.08 CERTIFICATE AND PAYMENT DO NOT SIGNIFY:

NO periodical certificate or payments made to contractor shall be held to

signify the approval of the works, materials or admission of the due

performance of work or other things to which such certificates, relate and the

contractor shall not be relieved by and such certificate from any risk or

liabilities, to which may subject under the contract until the final certificate

hereafter referred to has been granted to the contractor subject to

warranty/guarantee/defect liability period described.

3.09 FINAL DECISION AND FINAL CERTIFICATE:

Upon the expiration of period of liability and subject to the Engineer in-charge

(Instrument) being satisfied that the works have been duly maintained by the

contractor during such period as herein before/hereinafter provided subject to

warranty/guarantee/defect liability/ maintenance period.

3.10 CONTRACTOR TO INDEMNIFY NFL:

The contractor shall indemnify NFL and every officer and employee of NFL

against all actions, proceedings, claims, demands, costs and expenses

whatsoever arising out of or in connection with matters referred to in relevant

clause and against all actions, proceedings claims, demands, costs and

expenses which may be made against NFL or Govt. for or in respect of,

arising out of any failure by the contractor in the performance of his obligations

under the contract documents.

PAYMENTS OF CLAIMS AND DEMANDS:

Should NFL have to pay any money in respect of such claims or demands the

aforesaid amount so paid and the cost incurred by NFL shall be deducted

from the contractor’s bill or recovered otherwise and contractor shall not be at

liberty to dispute or question the right of the NFL to make such payments not

withstanding the same may have been made without its consent or authority

or in law or otherwise to the contrary.

3.11 All the accidents to contractor staff will be reported to the Instrument Engineer

In-charge/ safety officer promptly. This will, however, not relieve the contractor

of any statutory/other obligations.

3.12 DISPUTE NOT TO HELD UP WORKS:

The successful tenderer shall not stop the work in case of any dispute unless

further progress of work has been rendered impossible due to non-fulfillment

of any reciprocal promise. Unilateral stoppage of work by the contractor shall

be considered as a breach of contract and NFL reserves the right to take such

action as it may deem fit keeping its interest as paramount.

3.13 The heading in these general conditions are solely for the purpose of


GDCC- 12

facilitating reference and shall not be deemed to be part thereof or be taken

into consideration in the interpretation or consideration in the construction

thereof of the contract. The law shall govern this contract for time being in

force in Republic of India.

3.14 CONTRACTOR TO EXECUTE FORMAL AGREEMENT:

The successful tenderer shall be required to execute formal agreement with

NFL within 15 days on receipt by him the letter of acceptance form NFL in

respect of his offer for carrying out the works according to terms and

conditions of contract. The agreement to be executed will be in the form

prescribed by NFL for the purpose, on a stamp paper of the value of Rs.15/-

(Rupees fifteen only) to be purchased by contractor as specified in the work

order. Until the agreement is executed, no payment will be released to the

contractor.

3.15 OVERPAYMENT AND UNDERPAYMENT:

Whenever any claim for the payment of a sum of money of NFL arising out of

or under the contract against the contractor, the same may be deducted by

NFL from any sum then due or which at any time thereafter may become due

to the contractor under this contract and failing that under any other contract

with NFL or from any other sum due to the contractor from NFL which may be

available with NFL or his security deposit or he shall pay the claim on

demand.

3.16 CONTRACTOR TO VISIT OFFICE:

The contractor or his agent shall attend when required and without making

any charge for doing so, the office of Engineer (Instrument), NFL to receive

the instructions and to deal with matters connected with this contract.

3.17 FORECLOSURE OF CONTRACT IN FULL OR IN PART DUE TO

ABANDONMENT OR REDUCTION IN SCOPE OF WORK:

If at any time after acceptance of the tender, NFL decide to abandon or

reduce the scope of the works for any reason whatsoever and hence not

require the whole or any part of the works to be carried out, the Shift Incharge/

Incharge, Engineer (Instrument) , NFL shall give notice in writing to the effect

to the contractor and the contractor shall have no claim to any payment of

compensation or otherwise whatsoever on account of any profit or advantage

which he might have derived from the execution of the works in full but which

he did not derive in consequence of the foreclosure of the whole of the works.

3.17 The contractor shall be paid at contract rates full amount of the works

executed at site and in addition a reasonable amount as certified by the

Engineer in-charge (Instrument), NFL for the items hereunder mentioned

which could not be utilized on the work to the full extent because of the

foreclosure:

a) Any expenditure incurred on preliminary site work including partly

completed work e.g. temporary access roads, temporary labour huts, staff

quarters and site office, storage, accommodation and water storage

tanks.

b) i) NFL shall have the option to take over contractor’s materials or any part

thereof either brought to site for which contractor is legally bound to

accept delivery from suppliers(for incorporation or incidental to the work)

provided, however, NFL be bound to take over the materials or such


GDCC- 13

portion thereof as the contractor does desire to retain. For materials taken

over or to be taken over by NFL, the cost of such materials shall be

reimbursed to the contractor taking into account purchase price, cost of

transportation and deterioration or damage which may have been caused

to the materials while in the custody of the contractor.

ii) For contractor’s materials not retained by NFL reasonable cost of

transporting such materials from site to contractor permanent stores or to

his other works, whichever is less shall be reimbursed to the contractor. If

materials are not transported to either of the said places, no cost of

transportation shall be payable.

c) If any materials supplied by NFL are rendered surplus the same shall be

returned by the contractor to NFL at rates not exceeding those at which

these were originally issued less allowance for any deterioration or

damage which may have been caused whilst the materials were in the

custody of the contractor. In addition, the cost of transportation of such

materials from site to NFL stores, if so required by NFL shall be paid to

the contractor.

d) Reasonable compensation for direct losses incurred by the contractor on

account of disposal of plant and equipment specially brought by the

contractor for use in the work and for any charges that the contractor has

to pay to his suppliers or sub-contractor for cancellation of any order for

supply of materials or cancellation of works by NFL.

e) Reasonable compensation for transfer of T&P from the contractor’s

permanent stores or to his other works, whichever is less, shall be

reimbursed to the contractor. If T&P are not transported to either of the

said places, no cost of transportation shall be payable.

3.18 TIME IS ESSENCE OF CONTRACT:

The time allowed for execution of the work as specified in work order/letter of

acceptance of NFL or the extended time in accordance with these conditions

shall be essence of the contract. The date of the commencement of work shall

be reckoned on the date on which the LOI is issued or written order to

commence the work or the date of handing over the site, whichever is later. If

the contractor commits default in commencing the execution of the work as

aforesaid, the NFL shall, without prejudice to any other right or remedy, be at

liberty to forefeit the earnest money/initial security deposit absolutely beside

other remedies.

3.18.1 As soon as possible after the contract is concluded the Engineer (Instrument)

and the contractor shall agree upon a time and progress chart. The chart shall

be prepared in direct relation to the time stated in the contract documents for

the completion of the items of the work. It shall indicate the anticipated dates

of the commencement and completion of various trades or sections of the

work, after taking into account the anticipated sequence of release of various

work fronts, supply of the working drawings and the materials to be supplied

by NFL. The schedule shall be updated and amended periodically to ensure

the completion of the works by the stipulated date. The contractor shall

complete whole work as per schedule given to him on day-to-day basis.

3.18.2 COMPLETION CERTIFICATE

As soon as the work is completed, the contractor shall give notice in writing of

such completion to the Engineer-in-charge and within ten days of receipt of


GDCC- 14

such notice, the Engineer-in-charge shall inspect the work and shall furnish

the contractor with certificate of completion (a) the date of completion (b)

defects to be rectified by the contractor and or (c) items for which payment

shall be made at reduced rates. When separate periods of completion have

been specified for items or group of items, Engineer-in-charge shall issue

separate completion certificate for such item or group of items.

3.18.2.1 No certificate of completion shall be issued nor shall the work be considered

to be completed till the contractor shall have removed from the premises on

which the work has been executed all scaffoldings, sheds and surplus

materials (Except such as are required for rectification of defects), rubbish and

all huts and sanitary arrangements required for his workmen on the site in

connection with the execution of the work.

3.18.2.2 USE OF COMPLETED PORTIONS OF WORK.

NFL shall have the right to take possession of and use any complete or

partially completed portions of the work notwithstanding the time for

completing the entire work for such portions may not have expired but such

taking possession and use shall not be deemed acceptance of any work

completed in accordance with the contract documents.

3.18.2 TIME EXTENSION FOR DELAY

If the work delayed by:

a) force majeure or

b) abnormally bad weather or

c) local combination of workman, strike or lockouts, affecting any of the

trades of

d) delay on the part of the other contractor of the tradesman engaged by

NFL in executing work not forming part of the contract or

e) non-availability of stores, which is the responsibility of the NFL to

supply or

f) non-availability of breakdown of tools and plant to be supplied by NFL

or

g) any other cause which, in absolute discretion of the accepting authority

is beyond the contractor’s control then upon the happening of any such

event causing delay, the contractor shall immediately give notice

thereof in writing to the Chief Manager (Inst) but shall nevertheless

use constantly his best endeavours to prevent or make good the delay

and shall do all that may be reasonably required to the satisfaction of

Chief Manager (Inst) to proceed with the work.

3.18.3 Requests for the extension of time, to be eligible for consideration, shall be

made by the contractor in writing within fourteen days of the happening of the

event causing delay. The contractor may also, if practicable, indicate in such a

request the period for which extension is desired.

3.18.4 In any such case the accepting authority will consider the above request of the

contractor and may give a fair and reasonable extension of time for

completion of the work. Decision on such request for extension shall be

communicated to the contractor by Chief Manager (Inst) in writing, within one

week of the date of receipt of such request by Chief Manager (Inst).

3.19 The contractor shall at his own expenses and without delay supply to the

Chief Manager (Inst) sample of materials proposed to be used in the works.

The Chief Manager (Inst) within a day of the supply of the same will intimate


GDCC- 15

the contractor in writing whether samples are approved by him or not. If

samples are not approved, the contractor shall forthwith arrange to supply

fresh samples to the Chief Manager (Inst) for his approval fresh samples

complying with the specifications laid down in the contract.

3.20 The Chief Manager (Inst) shall have full powers to remove any or all the

materials brought to site by the contractor which are not in accordance with

the contract specifications or do not conform in character of quality to the

samples approved by him. In case of the default on the part of the contractor

in removing the rejected materials, the Chief Manager (Inst) shall be at liberty

to have them removed by other means. The Chief Manager (Inst) shall have

full powers to direct other proper material to be substituted for rejected

materials and in the event of the contractor refusing to comply he may cause

the same to be supplied by other means. All risks and costs, which may occur

upon for such removal and/or substitution shall be borne by the contractor.

3.21 If there are varying and conflicting provisions made in any one of the

documents forming part of the contract, the accepting authority shall be

deciding authority with regard to the intentions of the contract and his decision

shall be final.

3.22 Any other error in the description, quantity or rate in the schedule of quantities

or any omission there from shall not vitiate the contract or release the

contractor from the execution of the whole or any part of the works comprised

therein according to the drawings and specifications or from any of his

obligations under the contract and interpretation and resolution to such error

shall be decided by the competent authority of NFL.

4.00 CONTRACTOR’S OBLIGATIONS:

4.01 (i) The contractor shall deploy required competent qualified staff for execution

of work, inspection, charging and other maintenance linked services.

(ii) All the materials issued to the contractor shall be returned to the NFL

Management on expiry of the contract and any shortfall or damage shall be

recoverable from the contractor at NFL issue rate/latest rate + 25%. All

taxes will be charged extra. The issue of such material will be at the

discretion of NFL.

(iii) Since the work in Boiler Plant involves steam at high pressure &

temperature, it will need extra handling care and job shall be got done by

highly skilled competent qualified staff/ labour/ welder preferably

ITI/Diploma Holders or equivalent or higher qualified.

(iv) The contractor will provide his employees / staff / labour as per requirement

of the job.

(v) The contractor shall ensure no piping/fitting/instruments and equipment is

damaged during operation and handling. Any such damage shall be

rectified / replaced by the contractor at his own cost or pay the cost of such

damage to the NFL

(vi) The CONTRACTOR shall draw well in advance detailed schedule of work

to be carried out at SITE and submit the same to OWNER or to his

authorized representative at SITE for approval. The work shall be done in

accordance with the schedule and as per instructions given by OWNER

representative at SITE.


GDCC- 16

(vii) A number of CONTRACTORS will be working on project site. The

CONTRACTOR shall not object to the execution of work by other

CONTRACTORS.

(viii) The CONTRACTOR shall at all times, provide fencing, notice boards,

lighting and Watchman to protect and warn the public and guard the works

and in default thereof, OWNER may provide such facilities at

CONTRACTOR’S cost.

(ix) The CONTRACTOR shall keep, at all times, the work and storage area

clean, free from accumulation of waste materials. After completion of

erection, the CONTRACTOR shall remove or dispose in a satisfactory

manner all temporary structures, waste materials etc. and leave the

premises in a satisfactory condition. All Empty packages, including drums,

bags and scrap materials belonging to OWNER shall be left at a place

indicated by OWNER within factory premises.

(x) All packing cases shall be property of OWNER, Naya Nangal and shall be

returned to NFL.

(xi) The CONTRACTOR shall not employ any person at work site in case of

any objections by OWNER to be communicated in writing.

THE CONTRACTOR SHALL USE HIS OWN

(xii) Tools and tackles, welding set & electrodes, gas cutter and Gas (Oxygen &

Acetylene) cylinders, erection equipment and commissioning instruments

(multi-meters, calibrators etc) required during erection and commissioning

of instruments.

(xiii) Scaffolding materials, welding materials, compressed air and consumable

Spares required during erection and commissioning and testing.

(xiv) Engineering /construction/supplies for necessary civil works.

(xv) The CONTRACTOR shall provide necessary skilled and unskilled labour,

Supervisory and other staff required in connection with the execution of the

CONTRACT.

(xvi) The CONTRACTOR shall install and maintain additional light from one

power point to be provided by OWNER.

(xvii) The CONTRACTOR shall be responsible and make necessary

arrangements for Storage and security of the equipment of the material as

well as equipment and material issued to him by OWNER at SITE.

(xviii) The contractor will provide personnel safety equipment like helmets,

safety belts etc. to his staff. However NFL may provide, subject to

availability at that time, on returnable basis other safety equipment like gas

masks & breathing apparatus.

(xix) THE CONTRACTOR SHALL

A) Bear postage, telephone and telegraphic expenditure.

B) Provide transport facilities to their staff, engineers.

C) Provide necessary accommodation as may be required to their staff,

technicians and engineers.

(xx) Floor opening to be guarded, every opening with the floor or building or in

working platform shall be provided with the suitable means, to prevent fall

of persons or materials, by providing suitable fencing or railing with

minimum height of one meter.

(xxi) NUISANCE:

The contractor and /or his employee shall not at any time do, cause or permit


GDCC- 17

any nuisance on the site or of any thing which shall cause necessary

disturbance or inconvenience to NFL, tenants or occupiers of other properties

near the site and to public generally.

4.01.1 The CONTRACTOR shall be required to execute an Agreement in the proforma

prescribed by NFL with the OWNER within 15 (Fifteen) days of the receipt by

him of the letter of Intent (LOI)/Work order for carrying out the works according

to the contract. This agreement to be executed will be on a non-judicial stamp

paper of appropriate value to be borne by the contractor. Until the agreement is

executed, no payment will be released to the contractor.

4.02 The contractor will work diligently to accomplish the work as detailed in the

scope of work and schedule of quantities within the schedule of completion. The

contractor will also accomplish the work progress as per the work plan prepared

in consultation with the Engineer (Instrument) and reach the milestone on the

dates specified in the work schedule and progress of work.

4.02.1 URGENT WORKS:

If any urgent work (in respect whereof the decision of the Engineer-in-charge

shall be final and binding) becomes necessary and the contractor is unable or

unwilling at once to carry it out, the Engineer-in-charge may be his own or other

work people, carry it out as he may consider necessary. If the urgent work shall

be such as the contractor is liable under the contract to carry out at his expense,

all expenses, incurred on it by NFL shall be recoverable from the contractor and

be adjusted or set off against any sum payable to him or recover otherwise.

4.02.2 INSPECTION AND PROGRESS REPORT APPROVAL.

All works embracing more than one process shall be subject to examination and

approval at each stage thereof and the contractor shall give due notice to the

Engineer-in-charge when such stage is ready. In default of such notice, the

Engineer-in-charge shall be entitled to appraise the quality and extent thereof.

4.02.3 PROGRESS REPORT

During the progress of the work, the contractor shall furnish the Engineer-in-

charge monthly progress reports and such other reports on the work

organizations, as the Engineer-in-charge may direct.

4.02.4 WORKMANSHIP shall be in accordance with specified standards and codes

that are part of this tender as well as the established engineering practices for

this type of work. Any portion of work executed by contractor and considered

defective by NFL, the contractor shall have to take necessary remedial

measures to the complete satisfaction of NFL to make the defects good at his

own cost without any liability of NFL.

4.02.5 PERIOD OF MAINTENANCE / DEFECT LIABILITY PERIOD.

The contractor shall be responsible to make good and remedy, most

expeditiously at his own expenses, any defect which may develop or may be

noticed before the expiry of the defect liability period which shall be of six

months from the date of completion and intimation of which has been sent to the

contract within seven days of the expiry of the said period by a letter sent by

hand delivery duly acknowledge by the contractor or by registered post. The

above stated defects liability period for rectified portion of work shall also

commence from the date of completion of rectified work.

4.02.6 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK.

If it shall appear to the Engineer-in-charge or his representative, that any work

has been executed with unsound or unskillful workmanship or with materials of


GDCC- 18

any inferior description or that any materials or articles provided by him for the

execution of the work are unsound or of a quality inferior to the contracted for or

not in accordance with the contract, the contractor shall, on demand in writing

from the Engineer-in-charge specifying defect notwithstanding that the same

have been inadvertently passed, certified and paid for, forthwith rectify, remove

and re-do the work so specified on whole or in part, as the case may require, or

as the case may be to the full satisfaction of the Engineer-in-charge. In the event

of his failing to do so within a period to be specified by the Engineer-in-charge in

his demand aforesaid, then that contractor shall liable to pay compensation at

the rate of one percent on the amount of estimate for every day not exceeding

ten days. If the failure to do so continues the Engineer-in-charge may get the

work so complained executed at the risk and expenses of contractor without

prejudice to any other right or remedy by NFL.

4.02.7 CONTRACTOR’S SUPERVISION.

The contractor shall either himself supervise the execution of the works or shall

appoint a competent supervisor approved by the Engineer-in-charge to act on

his behalf. Further if in the opinion of the Engineer-in-charge, the contractor has

himself not sufficient knowledge and experience to be capable of receiving

instructions or cannot give his full attention to the works, the contractor shall, at

his own expenses, employ as his accredited qualified resident Engineer and

adequate number of Assistant Engineers, Junior Engineers, approved by the

Engineer-in-charge. Orders given to the contractor’s Engineers / Supervisors

shall be considered to have the same force as if these had been given to the

contractor himself. If the contractor fails to appoint a suitable Engineer /

Supervisor as directed by the Engineer-in-charge, the Engineer-in-charge shall

have full powers to suspend the execution of the work(s) until such date as a

suitable Engineer / Supervisor is appointed and the contractor shall be held

responsible for the delay so caused to the works. If the contractor fails to do so

within reasonable time NFL reserves its right to take action as per clause 8.10 of

GDCC.

4.03 All electrical installations for the distribution system shall be done and

maintained by the contractor at his own cost conforming to IEC rules as

amended up to date and tested and approved by NFL, but such approval does

not absolve the contractor of his liabilities. The contractor should also indicate in

his tender the load or power demand in KVA required by him for the same.

4.04 The contractor shall use his own tool appliance, implements, ladders, tackles,

scaffolding shuttering and temporary works requisite or necessary for the proper

execution of the work, whether original, altered or substituted blank flanges and

their testing arrangement will have to be made by the contractor at his own cost.

The contractor shall also supply without additional charges to NFL, the requisite

number of persons with the means and materials, necessary for purpose of

setting out of work and counting, weighing and assisting in the measurement or

examination at any time and from time to time of the work or materials. Failing

his so doing, the same may be provided by the NFL at the expense of the

contractor. The contractor shall also carefully preserve benchmarks, reference

points and in case of work full or careless destruction, he shall be charged with

the resulting expenses and shall also be responsible for any loss that may be

caused by the mistake. The contractor shall also provide all necessary fencing

and lights required to protect the public from accident and shall be bound to


GDCC- 19

bear the expenses of defense of every suit, action or other proceedings of law

that may be brought by any person for injury/sustained owing to neglect of the

above precautions and to pay any damages and costs which may be awarded in

any such suit action or proceedings to any such persons or which may with the

consent of the contractor be paid to comprise any claim by any such person.

4.05 TOOLS: The contractor will use proper, high quality tools in order to avoid

damage to elements of the machinery. The tools used will be properly

calibrated. The Chief Manager (Inst) on his sole discretion can stop the use of

tools and tackles, which he considers, can damage the equipment or are

inaccurate. No make shift arrangements will be allowed.

4.06 All the contractor’s materials, tools and tackles will be marked/punched with the

name of the contractor. All such material will be shown at the factory main gate

and a certified copy of material passed on the factory premises will be submitted

to the Engineer (Instrument) within one week’s time. The stores of the contractor

can be checked by the Shift Incharge/ Incharge, Engineer (Instrument) or his

authorized representative for any unauthorized material not passed from the

factory main gate.

4.07 The contractor shall take reasonable steps necessary to ensure that the

persons employed on work in connection with the contract, have full knowledge

of the “Official Secrets Act” and the regulations framed there under.

Any information obtained in the course of the execution of the contract by the

contractor his servant or agents or any persons so employed, as to any matter

whatsoever, which would or might be directly or indirectly be of use to any

enemy of India must be treated as secret and shall not at any time be

communicated to any person.

The contractor shall return all the documents supplied to him after completion of

the job.

4.08 RESIDENTIAL ACCOMMODATIONS:

The contractor shall make his own arrangements for accommodation for himself

or for his officers, staff, employees and labour as well as their transport. NFL will

not permit construction of residential hutment for himself or for contractor’s

officers, staff, employees and labour within the factory boundary wall.

4.09 The contractor shall be required to keep an order book at the site of work. Any

special order and instruction to be issued to the contractor shall be recorded in

their book by Engineer in-charge (Instrument) or his authorized representative.

Each page of this book shall be numbered and initialed by the Engineer in-

charge (Instrument) or his representative.

The book shall always be kept at site of work. The contractor shall sign all

orders as token of his having seen and noted. This book shall be the property of

NFL, but its safe custody shall be the responsibility of the contractor. All the

directions to be given to the contractor shall be written in the order book or

communicated in writing.

4.09.1 All instructions, notices and communications etc. under the contract shall be

given in writing and if sent by the registered post to the last known place of

abode or business of the contractor shall be deemed to have been served on the

date when in the ordinary course of post these would have been delivered to

him.

4.10 The successful tenderer shall afford all reasonable facilities and cooperation to

various other agencies and contractors for services not included in the contract,


GDCC- 20

who may be working on the site simultaneously so that the entire work can be

proceeded smoothly and simultaneously to a successful completion. The

tenderer must take all the aforesaid factors into consideration while quoting the

rates for tender and no extra charge will be allowed on any grounds arising out

of or relating to the aforesaid factors.

4.11 The contractor shall at all times during the progress and continuance of the

works and also for the period of maintenance (the period shall be six months

from the due date of issue of certificate completion) be responsible for and shall

effectually maintain and upheld in good, sound and perfect condition of all

instruments installed /filled/serviced/charged/inspected by him. Any damage or

defect that may during the above period arise in or be discovered or be in

anyway connected with the works covered by the scope of work provided the

such damage or defect is not directly caused by errors in documents, acts or

providence or insurrection of civil riot, the contractor shall be liable for and shall

pay the and make good to NFL all losses, damages, costs and expenses by

reason of in consequence operation of the contract or of his failure in any

respect.

4.12 MEDICAL TREATMENT IN CASE OF ACCIDENT:

It shall be the responsibility of the contractor to give medical treatment to his

injured staff/workman/employee, who has met with an accident arising out of

and during the course of employment in case, the contractor fails to give

medical treatment the company shall do so and shall recover the expenditure on

account of medical treatment from the contractor’s bill or from other dues of the

contractor, if any or otherwise recover the same from contractor.

4.13 As a safeguard against the entry of bad elements into the work site including

factory premises/plants/offices/township, the contractor should get the

antecedents of his staff/employees/labour verified by him before employing

them.

4.14 On every running bill/final bill, the contractor shall give a certificate to the effect

that the payment to the employees/staff/labour engaged by him has been made

before submitting the bill to the department.

4.15 After examining the same, the above facts shall be verified by the concerned

Engineer in-charge (Instrument) and a similar certificate shall be issued, but

such verification shall not absolve the contractor of his liabilities.

4.16 The contractor shall maintain a record for the payment made to his

staff/employees/ labour engaged by him and such records shall be liable to

inspection by Shift Incharge/Incharge, Engineer (Instrument) , Personnel

Department and Labour Inspectors of State Govt. as and when required, but

such inspection shall not absolve the contractor of his liabilities.

4.17 The following records and registers are required to be maintained by the

contractor as per the Contract Labour (Regulation & Abolition) Act, 1970:-

(i) Register of persons employed in Form No.XIII(Rule 75).’

(ii) Employment Cards: Every contractor is required to issue an

employment card in Form No.XIV to each worker within three days of

the employment of the worker(Rule 76).

(iii) Muster Roll Wages Register, deduction register and OT register.

a) Muster Roll - Form No.XVI.

b) Wage Register Form No.XVII (Rule 75)

c) Register of deductions for damages or loss (Form XX).


GDCC- 21

d) Register of fines, Form XXI.

e) Register of advances (Form XXII)

f) Register of overtime (Form XXIII).

g) Wage Slip (Form XIV).

OBLIGATIONS/LIABILITIES:

4.18 a- Following statutory obligations shall also form part of NIT and contractor

shall comply with the same:-

(i) Contract Labour (Regulation & Abolition) Act, 1970

(ii) Minimum Wages Act, 1948

(iii) EPF & Misc. Provisions Act, 1952

(iv) Factories Act, 1948

(v) Workmen Compensation Act, 1923

(vi) The Payment of Wages Act, 1936

(vii) Any other act framed by the State/Central Govt. from time to time

and relevant to the above contract.

(viii) In addition to special terms and conditions, GDCC shall form part

of NIT and all terms and conditions of GDCC shall be applicable.

However, in case of any difference in the special terms and

conditions and GDCC/special terms shall be applicable.

b- Contractor shall have its own PF Account Number and he will ensure

compliance with all the requirements of EPF & Misc. Provisions Act, 1952

for his staff/employees/labour/workmen.

c- The contractor should ensure that all persons engaged by him are

medically fit and shall keep with him a certificate to that effect. NFL

doctor may also examine his employees any time and the contractor shall

replace any of those declared unfit, but such examination shall not

absolve the contractor of their liabilities.

d- The contractor shall indemnify NFL against any loss/injury while

performing duty whether in station or out of station.

e- The contractor shall comply with all central, State laws in force from time

to time.

f- Any act on part of the contractor or his employees which will be prejudice

to the reputation of NFL, shall constitute grave breach of conditions of the

contract and shall render the contract liable for termination within 48

hours notice. In such event, the security deposit held by NFL shall be

forfeited without prejudice to any other remedy to which NFL may be

entitled.

g- The contractor shall be required to possess a valid license for engaging

labour from state labour department.

4.18.1 CONTRACTORS LIABILITY AND INSURANCE:

From the commencement to completion of the work, the contractor shall take

full responsibility for the care thereof and the precautions to prevent the losses

or damage and to minimize the loss or damage to the greatest extent possible

and shall be liable for damage or loss that may happen to the works or any

part thereof and all NFL Tools & Plants from any cause whatsoever (except

the expected risks) and shall at his own cost repair and make good the same

so that at completion, the works and all NFL T&P shall be in a good order and


GDCC- 22

condition in conformity with every respect with the requirement of the contract

and instructions of the Engineer-in-charge.

4.18.2 Provided always that contractor shall not be entitled to payment under the

above provisions in respect of so much loss or damage as has been occurred

by failure on his part to perform his obligation under the contract or not taking

precautions to prevent loss or damage or minimize the amount of such loss or

damage.

4.18.3 Where NFL building or a part thereof is taken on rent by the contractor, he

shall ensure the entire building or any part thereof is used by him for the

purpose of storing using material of non-combustible nature, as to which the

decision of the Engineer-in-charge shall be final and binding.

4.18.4 Before commencing the execution of the work, the contractor shall, without

any way limiting his obligations and responsibilities under this condition, insure

against any damage, loss or injury which may occur to any property, or to any

person (including any employee of NFL) by or arising out of carrying out of the

contract.

4.18.5 The contractor shall indemnify and keep indemnified NFL against all losses

and claims for injuries or damage to any person or any property whatsoever

which may arise out of or in consequence of the construction and

maintenance of works and against all claims, demands, proceedings,

damages, costs charges and expenses whatsoever in respect of or in relation

thereto. Provided always that nothing herein contained shall be deemed to

render the contractor liable for in respect of or to indemnify NFL against any

compensation or damaged caused by the excepted risks.

4.18.6 The aforesaid Insurance policy / policies shall provide that they shall not be

cancelled till the Engineer-in-charge has agreed in writing to their cancellation.

4.18.7 The contractor shall prove to the Engineer-in-charge from time to time that he

has taken out all the insurance policies referred to above and has paid the

necessary premium for keeping the policies alive till the expiry of the defects

liability period.

4.19 All charges on account of octroi, terminal or sales tax and other duties

including custom and excise et. On materials obtained for the works from any

source (excluding materials supplied by NFL) shall be borne by the contractor.

Further that any duty including sales tax imposed on works contract or

materials supplied for the works contract shall be borne by the contractor and

shall not be reimbursed or paid by NFL. That the contractor shall also be liable

for any new taxes or levies imposed by the Govt. or any authority after

submission of tender (to NFL) by the tenderer.

4.20 The Chief Manager (Inst) shall be entitled to carry out the tests as specified in

the contract for any materials supplied by the contractor other than those for

which, as stated above, satisfactory proof has already been furnished at the

cost of the contractor and the contractor shall provide at his expense all the

facilities which the work may require. If no tests are specified in the contract

and such tests are required by the Chief Manager (Inst), the contractor shall

provide all facilities required for the purpose and the charges for these tests

shall be borne by the contractor only if the tests disclose that the said

materials are not in accordance with the provisions of the contract. The cost of

the material consumed in test shall be borne by the contractor in all cases

except when otherwise provided.


GDCC- 23

4.21 SAFETY CODE:

It is mandatory for CONTRACTOR to understand, follow and enforce Safety

Code of NFL at all times during execution of jobs. A copy of NFL Safety Code

can be obtained from Safety Department of NFL, Nangal Unit on payment of

Rs. 100/-.

The contractor shall ensure that all steps be taken towards ensuring from fire

etc. and follow all instructions regarding safety issued by NFL from time to

time.

4.22 The contractor shall not assign or sub let the contract or any part thereof or

allow any person to become interested therein any manner whatsoever

without NFL’s written permission. Any breach of this condition shall entitle the

NFL to determine the contract under clause 8.10 of these conditions and shall

also the tenderer/ contractor liable for payment to NFL in respect of any loss

or damage arising or ensuing from such cancellation of contract. The

permitted sub-letting of service by the contractor shall not absolve the

contractor of any responsibility under the contract. In the event, sufficient dues

are not available to reimburse NFL for the expenditure incurred by it for the

above, the contractor shall reimburse NFL for the same.

4.23 The contractor should ensure that the labour employed by him is confined to

the specified area of work for which the contract has been awarded, it is also

the responsibility of the contractor to ensure that the labour so employed by

him does not got to the other areas of the plants etc.

4.24 USE OF INTOXICANTS: The sale and use of ardent spirits or other

intoxicants beverages on the work or in and the buildings, encampments of

tenements owned, occupied by or within the control of the contractor or any of

his employees shall be forbidden and the contractor shall exercise his

influence and authority to the utmost extent to secure strict compliance with

this condition.

4.25 Female labourers shall not be allowed to work in the plant area unless

specifically permitted by Chief Manager (Inst).

4.26 GATE PASS:

a) Contractor will apply for and manage with the minimum number of photo

gate passes, which are actually required for daily work. Such numbers to

be worked out and recommended by the contract awarding authority.

b) Contractor would not be issued new gate passes until he accounts for

and deposits already issued invalid gate passes with CISF.

c) Contractor is bound to keep all the valid photo passes in his custody

during the contract period. In case of loss/damage to the pass, he is

required to report in writing to CISF through the department with one

copy to Chief Manager (Inst) immediately without any loss of time to

avoid its misuse/risk.

d) To regularize the loss, a detailed report with the circumstances under

which the loss has occurred mentioning date, time, place and number of

the individual who has lost, with the recommendations of the contract

awarding authority is required to be submitted to CISF by the contractor.

e) Contractor shall note that in the event the invalid gate passes are not

deposited by the contractor with CISF within the period of three months

from the date of its expiry, the recovery at the rate of Rs.50/- per gate

pass will be made from their bills and thereafter no request for refund of


GDCC- 24

this amount will be entertained.

f) Payment of final bill will be made to the contractor only after submission

of certificate from CISF that all the gate passes issued to the labourers of

the contractor have been returned alternatively no objection certificate

may be provided from CISF.

4.27.1 MODEL RULES FOR LABOUR WELFARE.

The contractor shall at his own expense comply with or cause to be complied

with model rules for labour welfare rules framed by government from time to

time for the protection of health and for making sanitary arrangement for

workers employed directly or indirectly on the works. In case the contractor

fails to make arrangement as aforesaid, the Engineer-in-charge shall be

entitled to do so and recover the cost therefore from the contractor.

4.27.2 The contractor shall maintain all prescribed registers, record and other

documents in compliance with applicable labour laws and allow NFL

representative access to these documents for such investigation inspection or

enquiry as may be desired by the NFL to see that the provisions of all labour

laws are being properly complied with by the contractor. It is, however, clearly

understood that the contractor shall not be absolved of any of his

responsibility for any breach or violation of rules and regulations under the

respective acts, either by such investigation or inspection or enquiry by NFL or

not having made such an investigation or inspection or enquiry.

4.28 The contractor shall at all time indemnify, keep NFL indemnified against all

claims, damages or compensation under the provisions of the payment of

Wages Act, 1936, Minimum Wages Act, 1948, Employees Liability Act, 1938,

The workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947, the

Maternity Benefit Act, 1961 and the contract labour (Regulations & Abolition)

Act, 1970, Equal Remuneration Act, 1976, Employment of Child Labour Act,

1938 and Abolition of bonded Labour Act, Employees Provident & Misc.

Provision Act, 1952, Factory Act, 1948 or any other act regulating the

employment of labour by the contractor or any modification thereof or any

other law relating thereto and rules made thereunder from time to time or as a

consequence of or any accident or injuries to any workman or other persons in

or about the works, whether in the employment of the contractor or not, save

and except where such accident or injury has resulted from any act of NFL his

agents or servants, and also against all cost, charges and expenses of any

suit, action or proceeding arising out of such accident or injury and against all

sum or sums which may with the consent of the contractor be paid to

compromise or compound any claim.

4.29 PENALTY IN CASE OF FAILURE TO COMPLY WITH MODEL RULES FOR

LABOUR WELFARE SAFETY CODE.

Notwithstanding anything contained in clause and in the event of the

contractor’s failure to comply with model rules for Labour Welfare, Safety

Code or the provision relating to report on accidents and to grant of maternity

benefit to female workers shall make the contractor liable to pay to NFL such

amounts as may be determined by the Engineer-in-charge together with Rs.

5,000/- for each instance of default or materially incorrect statement and in the

event of contractor’s default continuing in this respect the amount of Rs.

5,000/- may be enhanced to Rs. 5,000/- per day each day of default. The

decision of the Engineer-in-charge in such matters based on reports from the


GDCC- 25

Inspection Officer as defined in the Contractor’s Labour Regulation shall be

final and binding and deductions for recovery of such aforesaid amounts may

be made from any amount payable to the contractor or otherwise recovered.

4.29.1 SITE LAND:

The contractor shall not be permitted to enter on (other than inspection

purpose) or take possession of the site until instructed to do so by the

Engineer-in-charge in writing. The portion of the site to be occupied by the

contractor shall be defined and / or marked on the site plant or shall be

indicated by the Engineer-in-charge at site and the contractor shall on no

account be allowed to extend his operations beyond these areas. In respect of

any land allotted to contractor for purpose of or in connection with the

contract, the contractor shall be licensee subject to the following and such

other terms and conditions as may be imposed by the licenser: -

(i) That such use or occupation shall not confer any right or tenancy of

the land on the contractor.

(ii) That the contractor shall be liable to vacate the land on demand by the

Engineer-in-charge.

(iii) That the contractor shall have no right to any construction over this

land without the written permission of the Engineer-in-charge.

The contractor shall provide, if necessary or if required on the site all

temporary access thereto and shall adopt and maintain the same as required

form time to time and shall take up and clear them away as and when no

longer required and as and when ordered by the Engineer-in-charge and

make good all damage done to the site.

5.00 NFL’S OBLIGATIONS:

5.01 NFL may provide free of cost, at its discretion and for the duration of the

execution of work land for construction of temporary huts for labour and

contractors field office & stores required for execution of the contract. After

completion of contract all constructions made by Contractor for his

requirement shall be dismantled and ground shall be leveled.

5.02 Cement & Water for construction purpose of jobs under the contract only (not

for construction of contractor’s office/ stores/ labour huts etc) shall be supplied

free of cost. Water supply will be given from existing points from where the

contractor has to make arrangement at his own cost to lay pipes etc. to suit

his own requirements.

5.03 Electricity for lighting and power for welding shall be provided subject to

facilities available at site (at one point near the site to be mutually decided

between NFL and contractor) on 400/440 V & 220/220 V response phase 50

C/s supply, free of cost, at one point.

5.04 NFL may provide at its own discretion user’s certificate and any other

assistances required for procuring material if requested by the contractor.

5.05 a) Waste – 3% material will be supplied extra against waste where

applicable.

b) No scrap will be allowed to be taken out of factory premises. All scrap will

have to be returned to NFL Stores.

c) Allowance for waste is applicable on steel fabrication only.

5.06 To the extent available and can be spared OWNER shall provide various

erection/construction aids on chargeable basis as per standard rates

applicable to other CONTRACTORS at that time.


GDCC- 26

5.07 To make available medical facilities at owner hospital for the CONTRACTORS

staff/labour to the extent available at usual charges.

6.00 MATERIALS TO BE SUPPLIED BY NFL TO CONTRACTOR

6.01 If after the acceptance of the tender, the contractor desires the NFL to supply

any material not specified in the preamble to schedule of quantities on request

of the contractor subject to its availability in NFL stores may be issued to the

contractor at the rate to be fixed by NFL at store issue rate plus departmental

charges at the rate of twenty five per cent.

6.02 For the material listed in schedule of quantities if any which the NFL has

agreed to supply the contractor shall give a reasonable notice in writing of his

requirements to Chief Manager (Inst) in accordance with the agreed phased

programme. Such materials shall be supplied for the purpose of the contract

only. At the time of the submission of bills, the contractor shall properly

account for materials issued to him to the satisfaction of Chief Manager (Inst)

and shall further certify that the balance of materials supplied are available at

site.

6.03 All materials issued to the contractor by NFL for incorporation or fixing in the

work including preparatory work shall on completion of work or on foreclosure

by NFL or abandonment of the work by contractor be returned by the

contractor at his expense at place of issue after making due allowance for

actual consumption, reasonable wear and tear and/or waste. If the contractor

is required to deliver such materials at a place other than the place of issue,

he shall do so and the transportation charges from this site to such place less

the transportation charges which would have been incurred by the contractor

had such materials been delivered at the place of issue shall be borne by

NFL.

6.04 Surplus materials returned by the contractor shall be credited to him by NFL

at the rates at which these were originally issued to him provided these are

returned in the same form and condition in which they were issued.

6.05 If on the completion of works or on fore-closure of work by NFL or

abandonment of works by the contractor, the contractor fails to return the

surplus materials out of those supplied by NFL then in addition to other liability

which the contractor would incur, the Chief Manager (Inst) may by a written

notice to the contractor, require him to pay within a fortnight of the receipt of

the notice, for such unreturned surplus materials, at double the issue rates or

the market rates, whichever are high failing which amount will be deducted

from the contractor’s bill without prejudice to any other mode or remedy

available to NFL.

6.06 All materials shall be issued during the working hours of NFL Stores

department regarding issue and receipt of materials and no claim shall be

entertained due to any delay or hindrance on account of above.

6.07 The contractor shall comply with the rules/procedure/instructions that would

be in force in NFL Stores Department regarding issue and receipt of materials

and no claim shall be entertained due to any delay or hindrance on account of

above.

6.08 The contractor also shall not be entitled to claim any compensation from NFL

for the loss suffered by him on account of the delay by NFL in the supply of

materials.

In case of such delay in the supply of materials, the NFL shall grant such


GDCC- 27

extension of the work as shall appear to the accepting authority to be

reasonable in accordance with the circumstances of the case. The decision of

the accepting authority as to the extension of the time shall be final and

binding on the contractor.

6.09 HANDLING AND STORAGE OF MATERIAL BY CONTRACTOR

1. The contractor shall establish his own storage facility for immediate

storage of equipments. The storage shall always be kept clean and neatly

arranged of easy retrieval of materials. It shall be suitable for all prevailing

weather conditions and stainless steel materials shall be stored separate

from other materials.

2. Materials required for the works, whether brought by the contractor or

supplied by the NFL shall be stored by the contractor only at places

approved by Engineer-in-charge. Storage and safe custody of materials

shall be the responsibility of the contractor.

3. The contractor shall bear the cost of loading, transporting to site,

unloading, storing under cover as required, assembling and joining the

several parts together as necessary and incorporating or fixing materials in

the work including all preparatory work of whatever description as may be

required.

4. The NFL officials concerned with the contractor shall be entitled at all

times to inspect and examine any material intended to be used in or on the

works, either on the site or at factory or workshop or other places where

such materials are assembled, fabricated, manufactured or at any places

where these are lying or from which these are being obtained and the

contractor shall give such facilities as may be required for such inspection

and examination.

5. All the materials brought by the contractor to the site shall become and

remain the property of NFL and shall not be removed off the site without

prior written approval of the Engineer-in-charge. But whenever the works

are finally completed and advances if any in respect of such material are

fully recovered, the contractor shall, at his own expenses, forthwith remove

from the site all surplus material supplied by him

6. All stainless steel shall be handled and stored in such a way that the

corrosion properties are not deteriorated. It should therefore be ensured that

the stainless steels do not get in contact with non-stainless steel during

handling and storage. All tools or material, which gets in contact with

stainless steel shall be made of stainless steel, nylon, wood or the tools

shall be coated with textile. Tools previously used on non-stainless steel

shall not be used.

7. All erection materials shall be stored in a dry and clean area, where it is

protected against particles and grinding dust. Stainless steel and carbon

steel shall be stored separately.

8. On the allotted land at site & subject to clause 5.01, contractor shall at his

own cost establish intermediate store, workshop for pre-fabrication and

necessary office and dining facilities for his staff.

7.00 EARNEST MONEY:

The tender shall be accompanied by EMD of amount specified in NIT in the

form of DD/ Banker’s cheque in favour of NFL Nangal UNIT. Tenders without

the requisite amount of EMD will not be accepted. DD payable at locations


GDCC- 28

other than Nangal/Naya Nangal shall not be accepted.

EMD will not earn any interest.

EMD will be refunded after finalization of tender only to the unsuccessful

bidders. EMD of successful tenderer shall be converted into Security Deposit.

In case any tenderer backs out from any clause/rates quoted in his offer, the

EMD will be forfeited without any further reference and without prejudice to

other remedies.

7.01 (a) SECURITY DEPOSIT:

(i) EMD already deposited by successful tenderer shall be adjusted in

security deposit.

(ii) NFL will recover from monthly/ running bills 10% of the value of work

done as security deposit which will be refunded to him after the expiry

of 6 calendar months from the date of successful completion of contract

during which period contractor shall be responsible for maintaining the

works and making good at his own cost any imperfections which may

become apparent.

(iii) Any request of contractor will not be entertained for submitting Bank

Guarantee in lieu of Security Deposit.

(iv) Security deposit already furnished to NFL under any previous

contract shall not be adjusted against any other Tender.

(b) REFUND OF SECURITY DEPOSIT.

(v) Security deposit shall be refunded to the contractor after the expiry

of the defect liability period of six English calendar months from the

date of successful completion of contract.

(c) No interest shall be payable on the security deposit / earnest money

lying with NFL.

8.00 PAYMENT ON ACCOUNT

On account bills shall be submitted by the contractor on monthly basis in

triplicate within the first week of the following month to the Instrument

Department on NFL’s Measurement and bill formats approved by the

Engineer-in-charge, for verification by Engineer-in-charge. These formats shall

be of A-4 size. The Engineer-in-charge shall arrange to have the bill and

measurements verified by taking or causing to be taken, where necessary, the

requisite measurements of the work. The measurements and bills so

corrected and verified by Engineer-in-charge shall be signed by the contractor

as a token of his acceptance.

The bills submitted by the contractor will be considered for sending to

Accounts department recommending the payment (subject to other terms of

the contract) to the contractor only if complete in all respects and if he

separately prepares and submits requisite documents including the following

documents along with each bill in respect of the work to which the bill relates:

1) Details of the up to date consumption of different materials issued to

the contractor by NFL.

2) A copy of the muster roll regarding all the labour deployed by the

contractor and payment of wages to his labour duly verified by the

representative of NFL.

3) Notarized copy of insurance cover under Employees State Insurance

Act, 1948 when applicable and/ or workmen’s compensation Act, as

the case may be as per clause 8.10 for all the labour / persons


GDCC- 29

deployed for execution of contract.

4) Notarized copy of details of PF deposited for labour / persons

deployed for execution of contract.

8.00.2 Payment on account for amount admissible shall be made on the Engineer-in-

charge certifying the sum to which the contract is considered entitled by way

of interim payment for all work executed after deducting the security deposit

and such other amount as may be deductible or recoverable in terms of

contract.

8.00.3.1 Subject to other terms of contract 75% of the cost (As assessed by the

Engineer-in-charge) of any materials (but not the material issued by NFL)

which are in the opinion of Engineer-in-charge reasonably required in

accordance with the contract and have been brought to site for in corporation

in the works (which is as per specifications and duly approved by NFL thereof)

and are safeguarded against loss due to any cause whatsoever to the

satisfaction of the Engineer-in-charge but have not been incorporated;

provided the contractor provides an Indemnity Bond on approved format and

also insurance cover for the full cot of perishable materials.

8.00.3.2 The advance payments, if made, shall be adjusted as and when materials are

utilized in the works.

8.00.4 “On account” payment which is 90% of monthly bill amount after deducting

taxes (including Income Tax, Works Tax, etc) will be made within 30 working

days from receipt of the bill (complete in all respect) in the Account

Department after acceptance of the bill by the F&A department. Any interim

certificate given relating to work done or materials delivered may be modified

or corrected by any subsequent interim certificate or by the final certificate. No

certificate of the Engineer-in-charge, supporting on interim payment, shall

itself be conclusive evidence that any work or materials to which it relates is/

are in accordance with the contract.

8.00.5 Pending consideration of extension of the date of completion, interim payment

shall continue to be made as herein provided.

8.00.6 “On account” payment made to the contractor shall be regarded as payments

by way of advance against the final payments only and shall be without

prejudice to the final making up of the accounts and shall in no respect be

considered or used as evidence of any facts stated in or to be inferred from

such account nor of any particular quantity of works having been executed nor

of the manner of its execution being satisfactory.

8.00.7 NFL shall have the right to withhold payment of contractor’s bill in case the

contractor fails to deposit the contribution in PF account no. issued to the

contractor and submit a proof of the same along with the bill in time.

The contractor shall also furnish to NFL by 5th day of each month a detailed

statement in respect of each eligible employee on this contract giving the

following details: -

(i) Name of the employee.

(ii) Name of the father, husband as the case may be.

(iii) Wages paid for the month.

(iv) Deduction made from the wages on account of employees own

contribution to P.F.

(v) The matching contribution payable by the contractor.

(vi) The date from which employee becomes eligible to subscribe to PF


GDCC- 30

(this information is to be given only once when the employee

becomes eligible to contribute to P.F. for the first time)

(vii) The date from which the employee ceases to be in the employment

of the contractor and to indicate the causes of the employee

leaving the service or the cause for the termination by the

contractor as the case may be.

The statement referred to as above should accompany the remittances to be

made by the contractor by 5th day of each month as indicated above.

Damages to the extent of 25% per month, on later remittance of P.F. in

respect of contractor’s employees in line with section 14-B of GPF & EPF Act,

1952 will be recovered in addition to simple interest fixed from time to time to

be charges from the contractor on such delayed payment.

8.00.8 PENALTY FOR DELAY IN SUBMISSION OF MONTHLY BILL

The contractor shall submit his monthly bill in triplicate within the first week of

the following month to the Instrument Department for verification and

recommendations. In case the contractor fails to submit the bill by the last day

of the following month, a penalty of 1% of the billed amount for every month of

delay or part there of subject to minimum of Rs. 1,000/- shall be recovered

from the bill. If the contractor continuously fails to submit the bill, NFL reserves

the right to take action as per clause 8.10.

8.00.9 VALUATION AND PAYMENT RECORDS AND MEASUREMENT.

i. The Engineer-in-charge shall accept, as otherwise stated, ascertain

and determine by measurement- the value in accordance with the contract

of work done- in accordance therewith.

ii. All items having a financial value shall be entered in form no. A,B & E

prescribed by the NFL so that a complete record is obtained of all work

performed under the contract.

iii. Measurement shall be taken jointly by the Engineer-in-charge and by

the contractor or his authorized representative

iv. Before taking measurement of any work, the Engineer-in-charge or the

person deputed by him for the purpose, shall give a reasonable notice to the

contractor. If the contractor fails to attend or send an authorized

representative for measurement after such a notice or fails to counter sign

or to record the objection within a week from the date of measurement then

in any such event measurement taken by Engineer-in-charge or by the

person deputed by him shall be taken to be correct measurements of the

work.

v. The contractor shall, without extra charge, provide assistance with

every appliance, labour and other things necessary for measurement.

vi. Measurement shall be signed and dated by both parties each day on

the site on completion of measurement. If the contractor objects to any of

the measurement recorded on behalf of NFL a note to that effect shall be

made in the measurement book against the items objected to and such note

shall be signed and dated by both the parties engaged in taking the

measurement.

8.00.10 METHOD OF MEASUREMENT

Except where any general or detailed description of the work in the Schedule

of Quantities expressly shown to the contrary to above, schedule of quantities

shall be deemed to have been prepared and measurement shall be taken in


GDCC- 31

accordance with the units set forth in the Schedule or Rates / Specification

notwithstanding any provisions in the relevant Standard Method of

Measurement issued by the Indian Standards Institution or any general or

local custom.

8.00.11 TIME LIMIT FOR PAYMENT OF FINAL BILL.

The contractor shall submit the final bill complete in all respects within one

month of physical completion of work. The contractor shall make no further

claims after submission of the final bill and these shall be deemed to have

been waived and extinguished. Payment of the final bill if complete in all

respects shall be made within three months from the date of receipt of the bill

by Engineer-in-charge and acceptance of the same by the F&A department if

complete in all respects.

8.00.12 TIME LIMIT FOR UNFORESEEN CLAIMS

Under no circumstances whatsoever, the contractor shall be entitled to any

compensation from NFL on any account unless the contractor shall have

submitted a claim, in writing, to the Engineer-in-charge with in one month of

the cause of such a claim occurring / arising.

8.00.13 STANDARD MODE OF PAYMENT

NFL standard mode of payment is through A/c payee cheque. Contractor

should provide his Bank A/c details for this purpose.

8.01 EXTRA AND/OR SUBSTITUTED ITEMS:

NFL shall have power to make any alteration in, omission from addition to or

substitution for the original specifications, drawings, designs and instructions

which may be considered necessary during the progress of the work and

contractor shall carry out the work in accordance with any instruction, which

may be given to him in writing duly signed by Engineer (Instrument). Such

alterations, omission, additions and substitutions shall not invalidate the

contract and any altered, additions or substituted work which the contractor

may be directed to do in the manner above specified as a part of the work

shall be carried out by the contractor on the same conditions in all respects on

which he has agreed to do the main work. The time for the completion of the

work shall be extended/reduced in proportion that the altered, additional

substituted or omitted work bears to be original contractor work and the

certificate to be issued by NFL shall be conclusive as to such proportion. The

rates for such additions, altered or substituted work under this clause shall be

worked out in accordance with the following provisions in their respective

order

8.02 EXTRA AND/OR SUBSTITUTED ITEMS:

If the rate for the additional altered or substituted work are specified in the

contract for the work, the contractor is bound to carry out the additional,

altered or substituted work at the same rate as per specifications in the

contract for the work.

In the event, the extra work of the contract does not fall in the category as

above, the cost will be calculated on the basis of actual labour and

consumable materials utilized for the job. The quoted rates for labour will be

inclusive of overhead profit. The consumable material used will be paid on

actuals. The quantum of labour and the consumable material used will be

paid on actuals. The quantum of labour and the consumable material used

will be assessed by NFL whose decision in this respect will be final and


GDCC- 32

binding upon the contractor. For this purpose, the contractor shall quote the

daily wages of various categories of skilled/semi-skilled and unskilled staff.

The contractor shall be required to submit documentary evidence

acceptable to NFL, in support of price of materials, NFL will have the option

to get the additional, altered work done departmentally or through any other

contractor.

The contractor will be required to obtain prior approval of NFL for rates

payable to him for such extra items.

8.03 NFL may withhold payment to such an extent as may be necessary to protect

itself from loss on account of:

a) Defective work not remedied.

b) Failure of the contractor to make payment properly to the permitted

sub contractor or for the materials or his staff/employees/labour.

c) Damage to another contractor or NFL property.

d) A reasonable doubt that the remaining works of contract cannot be

completed due to any reason.

e) Claims filed or reasonable evidence indicating probate filing of claims.

f) For other reason mentioned elsewhere in the contract.

8.04 NFL reserves the right to carry out post payment audit and technical

examination of the final bill including all supporting vouchers abstracts etc.

NFL further reserves the right to enforce recovery of any over payment when

detected notwithstanding the fact that the amount of final bill may be included

by one of parties as an item of the dispute before an arbitrator appointed

under clause 9 notwithstanding the fact that the amount of final bill figure in

the arbitration award which is under challenge.

8.05 If as a result of such audit and technical examination any over payment is

discovered in respect of any work done by the contractor or alleged to have

been done by him under the contract, it shall be recovered by NFL from

contractor by any of the methods prescribed above or if any under payment is

discovered the amount shall be duly paid to the contractor by NFL provided

that the aforesaid provision for payment of under payments and adjustments

of over payment shall not extend beyond the period of 3 years from the date of

payment of the final bill or in case the final bill is a minus bill, from the date of

minus final bill is communicated to the contractor.

8.06 Any amount due to the contractor under this contract for under payment may

be adjusted against any amount then due or which may at any time thereafter

become due, before payment is made to the contractor, from him to the NFL

on any other contract or amount whatsoever.

8.07 PENALTY FOR DELAY.

(I) If there is any delay in the final completion of the work or at any job site

or specific works in respect of which a separate progress schedule has

been established, beyond the final completion of the work or works

aforesaid at the job site as stipulated in the progress schedule, the

NFL shall (without prejudice to any other right of NFL in this behalf) be

entitled to enforce penalty for the delay @ 1% (one percent) of the total

contract value for each week or part thereof that the work remains

incomplete beyond the schedule date of final completion for the work

or works, as the case may be at the job site, subject to a maximum of

10% (ten percent) of the total contract value.


GDCC- 33

(II) Total contract value of the purpose of clause (i) above shall mean the

total dues of the contractor under the contract arrived at on a final

reckoning and settlement thereof.

(III) The amount of penalty may be adjusted or set-off against any sum

payable to the contractor by NFL under this contract or any other

contract or recovered otherwise.

(IV) Nothing in paragraph (i) above shall prevent the NFL from exercising

its right of termination of contract under clause 8.10 of GDCC an

associated clause there under and NFL shall be entitled in the event of

exercising its said right of termination after the stipulated date of final

completion for the work as stipulated in the progress schedule to

amount of Penalty as aforesaid for the intervening period in addition to

any other amount as may be due consequent to a termination under

clause 8.10 of GDCC and associated clause there under.

8.08 FORCE MAJEURE:

Neither the contractor nor NFL shall be considered in the default in the

performance of its obligation, if such performance is prevented or delayed

because of war, hostilities, revolutions, civil commotion, strike, epidemics,

accidents, fires, cyclones, unprecedented floods, earth quake or because of

any law and order proclamation regulations or ordinance of the government or

any act of God. At the time of occurrence of force majeure, the party whose

capacity to work has been adversely effected shall give an notice in writing

with documentary proof within a period of 15 days from the date of occurrence

of force majeure indicating the cause of force majeure and the period for

which is likely to last. On expiry of state of force majeure, the party shall again

right to other party (with documentary proof) indicating the fact or recession of

force majeure and also mention the period by which the work has affected.

Should one or both parties be prevented from fulfilling their contractual

obligation by the state of force majeure lasting continuously for a period of

more than 6 months. The two parties shall consult each other regarding the

future execution of the contract. No other cause shall be considered to be the

cause of force majeure.

8.09 INSURNACE:

(i) The contractor shall at its own expense carry and maintain insurance as

per Employees State Insurance Act, 1948 (upto date) when applicable for

its employees and shall indemnify and hold harmless NFL from all

liabilities whatsoever on this account. NFL shall retain such sum as may

be necessary from the total contract value until the contractor shall

furnish satisfactory proof that all contributions are required by the

Employees State Insurance Act, 1948 have been paid. This will be

binding on the contractor only when the Employees State Insurance Act

is extended to place of work.

(ii) Reference of Contract/Work order shall be recorded on the cover

note/insurance policy.

(iii) Workmen’s Compensation Insurance Cover should be taken for all the

persons engaged by the contractor.

(iv) Insurance Policy should be for all the full contract period of one year and

shall get extended/renewed for the extended period of contract, if any.

(v) Contract number should be mentioned in the Insurance Policy.


GDCC- 34

(vi) Medical treatment should also be covered in the policy in addition to the

workmen compensation as per Act.

(vii) The contractor is required to get the insurance policy endorsed in favour

of NFL in terms of endorsement No.140 extending the policy for

indemnity to principals.

(viii) Third party insurance required, if any, shall be arranged by the

contractor at his own cost.

(ix) The contractor shall not be allowed to put his staff/labour/employees on

work until and unless he obtains insurance cover for all the

supervisors/workers engaged by him. The contractor immediately before

start of work must submit the notarized/photocopy of insurance cover.

8.10 TERMINATION OF CONTRACT IN FULL OR PART:

A) If the contractor:

(i) fails to undertake the job after acceptance of his tender /award of work by

NFL or

(ii) at any time makes default in proceeding with the work in full or in part

with due diligence and continue to do so after a notice in writing of 14

days from NFL or

(iii) become bankrupt or insolvent or

(iv) make an arrangement with or assignments in favour of his creditors, or

inspection of his creditors or

(v) being a company or corporation, go into liquidation (other than a

voluntary liquidation for the purpose of amalgamation or reconstruction)

or

(vi) have an execution levied on his goods or property on the works or

(vii) assign, transfer, sublets the contract or any part thereof, otherwise, than

if any, as provided in the contract or

(viii) unilaterial stoppage of work or

(ix) abandon the contract or

(x) persistently disregard the instructions of NFL or

(xi) fail to adhere to the agreed programme of work or

(xii) if the performance is not satisfactory or

(xiii) contravenes any provision of contract or

(xiv) shall obtain a contract with NFL as a result of offering tendering or other

non-bonafide methods of competitive tendering or

(xv) if the contractor is an individual or a proprietary concern and the

individual or the proprietor dies and if the contractor is a partnership

concerned and one of the partners dies, then unless the accepting

authority is satisfied that the legal representatives of the individual

contractor or of the proprietor of the proprietary concern and in the case

of partnership the surviving partners are capable of carrying out and

completing the contract, the accepting authority shall be entitled to cancel

the contract as to its incomplete part without NFL being in any way liable

to payment of any compensation to the estate of the deceased contractor

and/or the surviving partners of the contractor firm on account of

cancellation of the contract. The decision of the accepting authority that

the legal representative of the deceased contractor or the surviving

partners of the contractor firm cannot carry out and complete the contract

shall be final and binding on the parties. IN the event of such


GDCC- 35

cancellation, NFL shall not hold the estate of the deceased contractor

and/or the surviving partners of the contractor liable to damage for not

completing the contract.

B) Without prejudice to any other remedy, NFL reserves its right to adopt

any or several of the following courses.

Award parallel contract and/or

(i) Terminate the contract and/or

(ii) Forfeit the earnest money security deposit and/or

(iii) To get the execution of contract for the remaining period at the risk and

cost of the contractor and/or

(iv) Delist/blacklist the contractor

9.00 ARBITRATION:

In the event of any dispute(s) or difference(s) arising between the parties

hereto as to the construction, interpretation or operation of this contract or the

respective rights and liabilities of the parties such dispute(s) or difference(s)

shall be referred to the Sole Arbitration of the Chief General Manager of

Nangal Unit of the Company or his nominee whose decision in the matter shall

be final and binding upon the parties. There shall have no objection if the

arbitrator so appointed is an employee of NFL and that he had to deal with the

matter to which the contract relates and that in the course of his duties as

such he had expressed views on all or any of the matter in dispute or

difference. The arbitrator shall give a reasoned award if the subject matter of

arbitration is above Rs.1.00 lakh. The venue of arbitration shall be at Naya

Nangal only.

Chief General Manager shall mean the Officer in administrative Incharge of

National Fertilizers Limited, Nangal Unit, Naya Nangal (Punjab) or its

successor entity.

Subject as aforesaid the provisions of India’s Arbitration and Conciliation Act,

1996 and the rules made there under or statutory modification or re-enactment

thereof from time to time shall apply to the arbitration proceedings under the

clause.

9.01 JURISDICTION:

All the causes of action in relation to this contract will be deemed to have been

arisen within the jurisdiction of court of Anandpur Sahib only in the Ropar

District in Punjab.

***


GDCC- 36

BID FORM Subject: - Instrument Item Rate Contract for Field Instrument Installation/ Maintenance Jobs at

NANGAL Unit of NFL Name of Work:-------------------------------

NIT No. ------------------------------------- Due for opening on -------------------------- Offer No._________________________ Bidder’s Name & Address _________________________ EMD Details: Amount: Rs. ----------/- DD/ Banker’s Cheque No. Dated: With Reference to your subject NIT, we are pleased to submit our bid in sealed cover as detailed below: Envelope – I: Earnest Money Deposit (Details as stated above) Envelope - II: Technical & commercial bid Signed and stamped copy of NIT documents as a token of acceptance of all terms & conditions of NIT. PF A/C number is mentioned in this envelope. Envelope - III: PRICED BID We undertake that in the event of acceptance of our bid within the validity period of 120 days from the 'closing date of submission of the bid', this bid as modified by mutually acceptable written changes/amendments till date of notification of award, together with your written notification of award shall constitute a binding Contract between us until a formal Contract is prepared and executed.

If I/We fail to keep the tender open as aforesaid or make any modifications in the terms and conditions of the tender which are not acceptable to NFL or if after the tender is accepted, I/We fail to commence the execution of the works, as provided for in the terms and conditions of the contract, I/We agree to forfeit the said Earnest Money absolutely, without prejudice to any of the rights or remedies of NFL. We understand that you are not bound to accept the lowest or any bid that you may receive. We further confirm/clarify as follows:

SL. NO.

DESCRIPTION BIDDER'S CONFIRMATION/ ACCEPTANCE/ COMMENTS

1. Price quoted as per the price schedule of NIT documents Yes/no

2. Firm Prices Yes/no

3. Insurance (as per clause 8.09 of GDCC) Yes/no

4. Terms of Payment as per special terms & conditions of NIT (No deviation is allowed)

Accepted

6. Damages for delay 1% per completed week of delay subject to Max. 10% of Total Contract Value.

Accepted/ Not Accepted

7. Validity: 120 days from the closing date of bid Yes/no

8. All other terms and conditions as per ‘Special Terms & conditions-Technical’ for Erection Job & GDCC

Accepted/ Not Accepted

9. Details of NFL Ex-employees working with Contractor/ Yes/ No/ Not Applicable

10. Relatives of Contractor employed in NFL enclosed Yes/ No/ Not Applicable

11. Copy of the tender documents/bid duly signed on each page Enclosed

Yes/no

12. Statement of Compliance and No Deviation: submitted Yes/no

13. Filled-in Declaration form submitted (for downloading from NFL website)

Yes/ No/ Not Applicable

AUTHORISED SIGNATORIES Dated this -------------day of -------------- 2013

n f l, nangal unit, instrument department, gdcc · permitted subcontractor or the accredited ......

Documents