national fertilizers limited fertilizers limited ... diesel shunting locomotive having single power...

NFV/PUR/AMW-151328-H1

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National Fertilizers Limited

(A Government of India Undertaking) Vijaipur–473111, Dist. Guna (M.P), India

[An ISO 9001:2008, ISO 14001:2004 & OHSAS 18001: 2007 Unit]

Phone: ++91 (0) 7544 273 050/691 Email: [email protected] Fax: ++91 (0) 7544 273 089/109 Website: www.nationalfertilizers.com

NOTICE INVITING TENDER

NIT No.& Date NFV/PUR/AMW-151328-H1

Dated: 10-JUNE-2016 DUE DATE 01-AUGUST-2016 Tender Cost (Non-Refundable)

Rs.1150/- (Rupees One Thousand One Hundred Fifty only) or equivalent in quoted currency.

EMD Rs.1,00,000/- (Rupees One Lakh only) or equivalent in quoted currency.

SD-cum-PBG @5% of Purchase Order Value or Minimum Rs.3.75 Lakh (Rupees Three Lakh Seventy Five Thousand only)

Type of Bid TWO PART BID Dear Sirs, Sealed offers are invited under “TWO-PART BID SYSTEM” for items mentioned hereunder:-

S.No. Description Quantity 1.

NFL Material Code: 074440000 (A) Design, Manufacture, Supply, Testing and Commissioning of Diesel Shunting Locomotive having Single Power Pack Diesel Engine with 4-Axles and Hydraulic Turbo Reverse Transmission of drive power of minimum 700 HP Capacity, the drive from the transmission to wheel will be through Final Drive and heavy duty cardan shaft. Detailed Technical Requirement and Mechanical Design Requirement shall be as per Annexures-II and III. (B) Two Years Spares as per Annexure-IV

01 No.

NOTES: Please provide all the information/ documents as mentioned in the Annexures. In case of any deviation from the Technical Specifications & Scope of Work etc. or from the terms and conditions of this NIT, specifically mention the same and submit Deviation List.


of 38 1.00 Eligibility Criteria for Vendors:

1.1 Technical Criteria.

1.1.1 Bidder must be manufacturer of Diesel Locomotives and should have supplied at least Two Nos. similar Locomotive in various industries including Indian Railways with at least three years satisfactory performance or at least one locomotive during the last 10 Years ending on 31/12/2015.

Similar means Diesel Locomotive for Shunting or normal operation of horse power not less than 650 HP (Single Power Pack), Indian Broad Gauge (1676 mm), with transmission as Hydraulic Transmission.

1.1.2 Bidder must have adequate in-house testing facilities in India for conducting acceptance test in

accordance with relevant BIS Specification/ RDSO norms. 1.1.3 Bidder shall have facilities in India to provide spare and service support for major aggregates

including Transmissions, Final Drives and other drive line components for a period of at least 10 Years from the date of supply of equipment at NFL Vijaipur.

1,2 As a documentary proof, the bidders shall submit self-attested copies of following documents with the technical unpriced bid:

1.2.1 Self-attested copies of Purchase Orders with full technical details of supplied Locomotives along with satisfactory Performance Certificate from customers in support of 1.1.1 above.

1.2.2 Self-certification indicating complete address of your establishments along with relevant

documents in support of Para 1.2 above.

1.2.3 Undertaking on your letter head that you will provide spare and service support for the quoted Locomotive for a period of at least TEN YEARS from the date of supply of the Locomotive at NFL Vijaipur.

1.3 Financial Criteria:

1.3.1 Bidders will furnish the audited balance sheets and profit and loss account for the last three financial years ending on 31-03-2015.

1.3.2 The net worth of the bidder should be positive as per last audited financial statement as on 31-03-2015.

1.4 Please also provide the following information:

(i) Whether Manufacturer/Dealer or Importer/Supplier or supply by the sister concern

(ii) Structure of the Organization -Whether Partnership Firm/Regd./Pvt.Ltd./ PSU/Govt.Sector

- Whether Registered under SSI/NSIC/DGS&D -Copy of partnership deed/Certificate of Registration -Detail of Bankers and Bank accounts

-PAN No./TIN No./Sales Tax/Central Sales Tax No/Central Excise Registration Certificate

-Confirmation about Associates/Sister concern -Inspection/TPI & testing facilities for quality control etc Note: Tenderers must submit documentary evidence along with the Unpriced Techno-Commercial Bid in support of their claim that they meet/comply with all the above mentioned Eligibility Criteria.


of 38 GENERAL TERMS & CONDITIONS: 2.00 Submission of Tender 2.01 For tenders received in unsealed/stapled/open condition or without superscription,

resulting in opening of tender before due date, the risk and responsibility of losing confidentiality shall rest with the tenderer.

2.02 In case tenders are delivered through personal/private courier after opening, it shall be

termed as LATE OFFER and hence likely to be REJECTED. 2.03 Techno-Commercial Bid (Unpriced Bid) and Priced Bid will be submitted in two separate

envelopes as in Para 2.04 and 2.05. Both these envelopes will be put in a third envelope duly superscribed with our Tender No. as “Tender No. NFV/PUR/AMW-151328-H1 Dated: 10-JUNE-2016, Due on: 01-AUGUST-2016”.

2.04 First Envelope: In the first envelope, tenderers will submit Techno-commercial Bid

consisting of following:-

i) Earnest Money Deposit as per Clause No. 3.0 of this Tender Document. ii) Technical Specifications with detailed technical literature, catalogue and other

technical details. iii) Commercial terms and conditions of supply such as terms for supply on FOR

basis, delivery period, applicable taxes & payment terms etc. iv) One set of these tender documents, including all the Annexures, duly signed on

each page, towards acceptance of all terms & conditions v) Deviations from our specifications / technical conditions, (if any) vi) Confirmation for acceptance of order for part quantities vii) Unpriced format of price-bid duly signed as per Annexure-A- indicating applicable

rates of taxes and duties, all charges etc on absolute value basis,if any. viii) Confirmation that validity of bid is for 120 days from the bid opening date ix) Net weight/ gross weight/ dimensions etc. of the items being offered. x) Confirmation that the offered Ex-works rates shall remain firm till complete

execution of supplies. xi) Copies of Balance Sheet for the last three years in support of financial capability

of the tender xii) Documentary Evidence in support of meeting the Eligibility Criteria as per Clause

1 above. xiii) Tender Cost as per Clause No. 2.36 of this Tender Document.

2.05 Second Envelope: The Second Envelope will contain ONLY the ‘Price Bid’ in duplicate

on tenderer’s letterhead as per the “PRICE-BID” format (Annexure-A). 2.06 Tenders shall be submitted by 1300 hrs. on 01-AUGUST-2016. No tender after the

specified time and date will be accepted. NFL will not be responsible for any postal delays/loss.

2.07 PART-I (i.e. Unpriced Techno-Commercial Bid) shall be opened at 14:30 hrs. on

01-AUGUST-2016 in the presence of tenderers or their accredited representatives, who wish to be present.

2.08 PART-II (Price Bid) shall be opened subsequently subject to acceptance of Techno-

Commercial Bid. Opening date will be intimated to all those tenderers, who are found technically & commercially acceptable to NFL.

2.09 In case, due to some unforeseen circumstances, the date of receiving/opening of the

tender happens to be a holiday/closed day, the tender will be received and opened on the next working day.

2.10 Quotations must be legible, clear and free from overwriting/erasures. Any

overwriting/cutting/erasure should be authenticated by signing over such cuttings/overwriting/erasures. Incomplete quotations are liable to be summarily rejected.


of 38 2.11 NFL will have the right to issue addendum to tender documents to clarify, amend, modify,

supplement or delete any of the conditions, clauses or items stated. Addendum so issued will form part of original invitation to tender.

2.12 Postponement of Tender Opening Date

NFL reserves the right to postpone the tender opening date and/or time under any circumstances whatsoever and will intimate all the tenderers well in time, of such postponement along with notice of revised opening date and time.

2.13 Incomplete tender submitted with qualifying conditions at variance with the Terms &

Conditions of the tender, are liable to be rejected summarily. Therefore, tenderers are advised to scrutinize the terms & conditions of this tender thoroughly.

2.14 Whenever the bidder is silent about the acceptance of NIT conditions such as bank

guarantee, warranty period, liquidated damages etc, it shall be presumed that the bidder has accepted NIT conditions and no further correspondence seeking specific confirmation about acceptance of these conditions shall be made.

2.15 In case of non-compliance of Commercial Terms & Conditions of NIT, loading criteria as

per Annexure-B shall be applicable at the sole option of NFL. 2.16 Any clarification on procedure, tender specifications etc. (both technical and commercial)

can be had from the office of Chief Manager (Materials) any time before tender closing date and either personally or by post/fax/e.mail. Postal delays shall not cause postponement of tender processing dates and tenderers, in their own interest, shall take all steps that are necessary for them to participate in tender well in time.

2.17 Bidders may ensure that their tender documents/offer has been signed by

appropriate/authorized representative of the Company. Withdrawal of offer/ non-acceptance of orders placed based on offers submitted by bidder's on their letter head will not be allowed on the grounds that offer was not signed by authorized person.

2.18 Only one tender is to be submitted by one tenderer. 2.19 One person will be allowed to represent only one company during

discussions/negotiations with NFL. If same person is representing different companies with authorization letter from more than one company, such person will be allowed to represent only the first company called for negotiations.

2.20 The prospective tenderers having any common partners/Directors/Managing partners, etc.

or having any other common criteria shall be considered as Sister/Group/Associate Company. In such cases, only one of them will be eligible for participating in the tender.

Tenderers have to submit a declaration along with the Technical Bid:

(a) That no other Firm/Sister Concern/Associate belonging to the same group is

participating/submitting offer against this tender. (b) That the bidders, their associates, sister concerns etc. have not been blacklisted

by any Institutional Agency/Government Department/Public Sector Undertakings in the last two years.

In case of concealment of any fact, if detected later on, such tenderer will be debarred from all future dealings with NFL.

2.21 It shall be certified by the tenderer that none of the NFL employee is related to

owners/Directors. (In case any relative is working in NFL, furnish details separately). 2.22 It shall be certified by the tenderer that none of NFL’s ex-employee is employed with them.

(In case any ex-employee of NFL is employed, furnish details separately). 2.23 It shall be certified by the tenderer that none of blood relation of the owners/directors is

participating in this tender in the name of other firm.


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2.24 MSMED Declaration:

In case you are registered as MICRO/SMALL Enterprise (MSEs) under The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) promulgated by Government of India, please indicate the relevant category of registration in your offer and also enclose a copy of the valid certificate issued by the concerned authorities as specified by the Ministry of MSME. The Micro and Small Enterprises (MSEs) shall be entitled for benefits under the Public Procurement Policy for Micro and Small Enterprises subject to the terms and conditions indicated in Annexure-G attached herewith.

It may also be confirmed by the Bidders that the MSEs owned by SC/ST Entrepreneur/s and in support of their claim, attach a copy of relevant Certificates issued by authorities concerned with their Unpriced Techno-Commercial Bid.

2.25 Cost of Bidding The Bidder shall bear all the costs associated with the preparation and submission of the Bid and the NFL (hereafter referred as ‘Owner) in no case, be responsible or liable for these co, regardless of the conduct or outcome of the bidding process.

2.26 Bidding Documents The Bidder is expected to examine all instructions, forms, terms and conditions in the bidding documents. the invitation to bid together with all its attachments thereto shall be considered to be read, understood and accepted by the Bidder, unless deviations are specifically stated in the seriatim by the bidder. Failure to furnish all information required by bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at bidder’s risk and may result in the rejection of bid.

2.27 Clarification of bidding documents A prospective Bidder requiring any clarification on procedure, tender specifications etc. (both technical and commercial) can be had from NFL (Dy. General Manager (Matls)) in writing by e-mail/fax/letter so as to ensure submission of bid on or before the bid closing date. NFL may respond in writing to such queries which are received within two weeks from the date of issue of the bidding documents. Postal delays shall not cause postponement of tender processing dates and tenderers, in their own interest, shall take all steps that are necessary for them to participate in tender well in time.

2.28 Language of Bid The bid prepared by the Bidder and all correspondence/drawings and documents relating to the bid exchanged between the Bidder and the Owner shall be written in English language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by English translation in which case, for purpose of interpretation of the bid, the English translation shall govern.

2.29 NFL’s right to accept any Bid and to reject any or all bids:

Notwithstanding anything to the contrary contained herein, NFL reserves the right to accept or reject any Bid/all Bids, in whole or in part and/or accept other than the lowest bid and to annul the bidding process and reject all bids at any time prior to award of Purchase Order, without thereby incurring any liability to the affected bidder or bidders or of any obligation to inform the affected bidder or bidders of the grounds for NFL’s rejection. NFL also reserves the right to itself to split and place order on more than one supplier.

2.30 Modifications and Withdrawal of Bids: The Bidder may modify or withdraw the Bid after its submission, provided that written

notice of the modification or withdrawal is received by NFL prior to the deadline prescribed for submission of Bids. A Withdrawal Notice may also be sent by E-Mail or Fax but followed by a signed confirmation copy by post, marked not later than the deadline for submission of Bids.No Bid can be withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid Validity specified by the Bidder in the Bid.


of 38 2.31 ANY EXCEPTIONS/DEVIATIONS TO THE NIT SHALL BE SPECIFICALLY STATED IN A

SEPARATE ANNEXURE TO QUOTATION TITLED “DEVIATIONS”. 2.32 It shall be noted by the Bidders that if a Contract is placed on a Bidder other than the

lowest acceptable Bidder for consideration of Delivery Schedule alone, such Selected Bidder/Supplier shall be liable to pay to NFL the difference in price between the contract and the corresponding price of the lowest bidder in case of failure to complete the supplies in terms of such order within the date of delivery specified in the Bid and incorporated in the Order. This is without prejudice to NFL’s rights under the terms of order including the pre-determined and mutually agreed damages applicable for such delay. The application of such clause shall be notified to the Contract as a part of contract.

2.33 VALIDITY OF BID Tenders must be valid for acceptance for 120 days from the tender opening date.

2.34 Subsequent to an order being placed against your quotation, received in response to this

'enquiry', if it is found that the materials supplied are not of the right quality or not in accordance with our specifications (required by us) or received in damaged or broken conditions, not satisfactory owing to any reason of which we shall be the sole judge, we shall be entitled to reject the materials, cancel the contract and buy our requirement from the open market/ other sources and recover the loss, if any, from the supplier reserving to ourselves the right to forfeit the security deposit, furnished by the supplier against the contract. The supplier will make his own arrangements to remove the rejected materials within a fortnight of instruction to do so. Thereafter, materials will lie entirely at the supplier's risk and responsibility and storage charges, along with any other charges applicable, will be recoverable from the supplier.

2.35 In case a tenderer is not interested to quote, a regret letter giving reasons for the same

must be sent to us. In case any tenderer regularly abstains from submitting quotation, we may be constrained to delist the tenderer from our vendor list.

2.36 Tender Cost

Interested Vendors may obtain tender documents either personally or by post from the office of Chief Manager (Materials) on payment of Rs.1150/- (Rupees One Thousand One Hundred Fifty only) towards the cost of Tender Documents by way of Demand Draft made in favour of National Fertilizers Limited payable at State Bank of India, Bavrikhera Branch (Code: 8455), NFL Complex, Vijaipur. Cheques will not be accepted.

Tender Documents can also be downloaded from our Website: www.nationalfertilizers.com and the website of Central Procurement Portal http://eprocure.gov.in. In such case, a Demand Draft for Rs.1150/- (Rupees One Thousand One Hundred Fifty only) towards cost of Tender Documents should invariably be enclosed by tenderers along with their offer.

Tender cost is non-refundable.

3.00 EARNEST MONEY DEPOSIT (EMD) 3.01 Tenders must be accompanied by Earnest Money Deposit of Rs.1,00,000/- (Rupees One

Lakh only). EMD can be submitted in the form of:

i. Crossed Demand Draft only in favour of National Fertilizers Limited payable on State Bank of India, Bavrikhera Branch, NFL Complex, Vijaipur (INDIA), (Branch Code : 8455). D.D. payable at locations other than above will not be accepted.

OR

ii. Bank Guarantee in the NFL’s prescribed format from any Indian Nationalized Bank/Indian Scheduled Bank (for Foreign Vendors) and any Nationalized/Scheduled Bank (for Indian Vendors). However, Bank Guarantees


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from Rural & Co-operative Banks shall not be accepted in any case. In case the Bank Guarantee is from an overseas bank (in the case of foreign Vendors), the same shall be got counter-guaranteed by an Indian International Nationalized/Scheduled Bank.

The Bank Guarantee shall be valid for a minimum period of 180 days and the Tenderer shall give an undertaking for extension of the validity of the BG in case the same is desired by NFL.

Cheques shall not be accepted in any case.

3.02 Earnest money will be forfeited at the sole discretion of NFL, in case tenderer after

intimation from NFL of the acceptance of his tender, either wholly or in part, refuses to accept the Purchase Order or changes any of the conditions of the tender or changes the rates and/or terms and conditions of the tender within validity period. If the successful tenderer does not deposit the security as stipulated in the Purchase Order, EMD will be forfeited without further reference.

3.03 Earnest Money deposited by unsuccessful tenderers will be returned as early as possible

after finalization of the tender. 3.04 Earnest Money Deposit will not bear any interest.

4.00 SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE: 5% of PO Value or Minimum Rs.3.75 Lakh

4.01 Security Deposit-cum-Performance Guarantee will be paid by the successful tenderer within 30 days of receipt of the PO. The security deposit-cum-performance guarantee to be furnished by the successful tenderer for the faithful and proper fulfilment of the contract shall be 5% of Purchase Order Value or Minimum Rs.3.75 Lakh (Rupees Three Lakh Seventy Five Thousand only)

4.02 If Security Deposit-cum-Performance Guarantee is made in the form of Crossed Demand

Draft in favour of National Fertilizers Limited, it should be payable at State Bank of India, Bavrikhera Branch, NFL Complex, Vijaipur (INDIA), (Branch Code : 8455). D.D. payable at locations other than above will not be accepted.

4.03 The tenderer will also have the option to furnish Security Deposit-cum-Performance

Guarantee by way of Bank Guarantee from any of the Indian Nationalized/Scheduled Bank (for Foreign Vendors) / Nationalized/ Scheduled Banks (For Indian Vendors) excluding Rural and Co-operative Banks, in the Performa specified by NFL. The Bank Guarantee must be valid to cover Delivery Period + Guarantee Period + Three Months Claim Period.

4.04 The tenderer will also have the option to furnish SD-cum-Performance Guarantee by way

of pledging of FDRs/Govt. Securities or Call Deposits. 4.05 Cheques will not be accepted in any case. 4.06 The Security Deposit-cum-Performance Guarantee will be retained by NFL during the

currency of contract or till settlement of all the accounts thereof, whichever is later. In case any dispute or difference not settled within the validity of Bank Guarantee, tenderer will arrange to get the bank guarantee extended as asked for. NFL, at its sole discretion can call in the Bank to pay the whole or part of the amount of Bank Guarantee.

4.07 The above deposit will be deemed to be security for the faithful performance of the

contract and for the purpose of Section 74 of the Indian Contract Act, 1872 and for the extension of that section. In the event of any breach of any terms and conditions of the contract, NFL will have the right to draw from the Bank Guarantee/Security Deposit-cum-Performance Guarantee either the whole or part of value of the same and tenderer will make good the value of Bank Guarantee/ Security Deposit-cum-Performance Guarantee to the extent of the amount so drawn within 15 days of receipt of intimation from NFL to this effect.


of 38 4.08 The amount so drawn will not in any way effect any remedy, to which NFL may otherwise

be entitled or any liability incurred by tenderer under the contract or any law for the time being in force relating thereto or bearing thereupon.

4.09 In the event of the forfeiture of whole or part of the security cum performance deposit, the

tenderer will deposit further sum/sums, so as to maintain the full security deposit amount as per Para 4.01 above.

4.10 The Security Deposit-cum-Performance Guarantee will be refunded after contract has

been successfully completed. It will be lawful for NFL, if any difference or dispute is likely to exist, to defer payment of the security cum performance deposit or any portion thereof which may be due for release until such difference and dispute had been finally settled or adjusted.

4.11 In case the Bank Guarantee is from an Overseas Bank, it should be got counter-

guaranteed by an Indian Scheduled Bank. 4.12 The security deposit-cum-Performance Guarantee will not bear any interest.

4.13 The Bank Guarantee should be submitted by Banker directly to NFL in sealed cover and

not through supplier. 5.00 Guarantee/Warranty Certificate

5.01 You will guarantee/warranty the Equipment against any manufacturing defects/ bad workmanship for a period of 24 months from the date of supply or 12 months from the date of commissioning, whichever is earlier and will submit Guarantee Certificate along with despatch documents, as per Clause No. 10 (GURATNTEE/WARRANTY) at Annexure-I.

6.00 PRICE SUBMISSION:

6.01 Bidders shall quote the rates on FOR – NFL Stores, Vijaipur basis giving the break-up of

prices as per price format given in annexure attached for Price Bid Format for Indian bidders at Annexure-A. If for any reason, prices tendered are for delivery FOR forwarding station, the freight charges together with the gross weight of the material should be clearly mentioned in the quotation. In case the rates quoted are Ex-Godown/ Ex-Factory, the packing and forwarding charges should either be included in price or stated separately in definite terms (if applicable). In case the freight is not indicated in the price bid than NFL reserve the right to ignore/evaluate the offer with suitable loading at its sole discretion. NFL, shall, however, reserve the right to enter into a contract either on Ex-Works, F.O.R. Despatch Station or F.O.R. Destination basis at its sole discretion.

6.02 Taxes and Duties:

i. Excise Duty/other levies should be indicated separately. The same shall be paid against submission of documentary evidence.

ii. In case Sales Tax/VAT is chargeable extra, the rate of sales Tax/VAT applicable must be clearly mentioned in the quotation. Tenderers must also mention their Sales Tax/VAT Regn. No. in the quotations.

6.03 Packing and Forwarding Charges:

P&F Charges should either be included in the quoted price or stated separately in definite terms (if applicable).

6.04 The tenderer shall quote the price strictly as per the Proforma enclosed for schedule of

prices. Parties should quote one rate for specific quantity quoted by them. Tenders with quotation of different rate for different quantities shall be rejected without any further reference


of 38 6.05 The rates should be exclusive of transit insurance from Despatch Stations to our

warehouse. The goods shall be covered under NFL’s Open Marine Policy/ NFL Open policy

6.06 Quoted rate(s) of FOR prices will remain firm till the complete execution of the order.

Vendors should confirm the same in their offers. 6.07 In case of Testing Charges are payable extra, then please indicate the charges separately

in your price bid, which shall be paid extra at actual against submission of documentary evidence along with dispatch documents subject to a maximum of those indicated in the price bid.

6.08 Prices shall be written clearly in both words and figures, free from any cutting, addition,

erasing or in different ink etc.. Overwritings/Cuttings shall be avoided and the Bidder must sign the overwritings/cutting etc. of any. In the event of any error in computing with respect to rate and the total value, the total value quoted by the Bidder will be taken into account for consideration for the purpose of evaluation. Similarly, if an amount is expressed in figures as well as words, the amount given in words will prevail.

6.09 The tenderer shall quote the price strictly as per the Proforma enclosed for schedule of

prices. Parties should quote one rate for specific quantity quoted by them. Tenders with quotation of different rate for different quantities shall be rejected without any further reference

6.10 Conversion to Single Currency To facilitate evaluation and comparison, NFL will convert all bid prices expressed in the

amounts in various currencies in which bid price is payable, to Indian Rupees based on exchange rate for TT Selling on a day prior to the date of price bid opening as published in reputed/largely circulated Newspapers such as Economic times (India)/Financial Express (India) etc. However, evaluation may be rechecked with such exchange rate as on the date of decision on vendor selection.

7.00 PAYMENT TERMS: 7.01 NFL will not make any advance/progressive payments. Offers with advance payment

terms are liable to be ignored/will be loaded suitably at the sole discretion of NFL. 7.02 Payment terms bidders shall be “100% Payment within 30 days of receipt and

acceptance of material at site through RTGS/NEFT modes”. For this, Bidders are required to give the following details in their quotations:

a) Name of the Bank, Branch’s Name and address and Branch Code b) Account Number and Type c) RTGS/IFSC/MICR Code of the Bank d) Your acceptance for release of payment through RTGS/NEFT

Our Bankers: STATE BANK OF INDIA, BAVRIKHERA BRANCH (CODE: 8455), NFL COMPLEX, VIJAIPUR-473111, DIST. GUNA (MP).

8.00 Delivery Period:

Tenderers should quote shortest possible delivery period 9.00 Destination for booking: a. By Road: - DOOR DELIVERY AT NFL VIJAIPUR SITE IN CASE

OF FULL TRUCK LOADS - GUNA, IN CASE OF SMALLS

b. Consignee: - SR. MANAGER - MATERIALS (STORES) NATIONAL FERTILIZERS LIMITED VIJAIPUR - 473 111, DIST. GUNA (MP)


of 38 10.00 Delivery:

In case of delayed delivery beyond the stipulated delivery even though normal extension of completion time is allowed by NFL, all extra costs on account of changes of statutory regulations/Acts, or increase in price on any other account including price, if any, shall not apply to the Purchase Order Price and shall be borne by the Supplier.

11.00 Liquidated Damages/Penalty for Late Deliveries: It shall be obligatory on the part of suppliers to adhere strictly to the deliveries quoted and

accepted by us in our orders. In case of delay in supplies, unless extension of delivery has been granted by us on application by the suppliers, we may at our option either:

(i) recover liquidated damages from supplier at a sum equal to ½% per week or part

thereof of the value of stores not delivered subject to a maximum of 5% of the value of the order, or

(ii) purchase elsewhere on account and at the risk and cost of the suppliers the stores not delivered or

(iii) cancel the contract without prejudice to our rights under (i) & (ii) above. 12.00 Award of Contract:

Offers shall be evaluated on landed cost of item(s) at NFL, Vijaipur basis. Award of contract will be made at the sole and absolute discretion of National Fertilizers Ltd., which shall not be disputed. NFL also reserves the right to itsef to split and place order on more than on supplier. The terms & conditions as embodied in the purchase order shall be final and shall supersede any other terms & condition that might have been indicated in the tender submitted by the Bidders.

13.00 Subletting of Contract

The successful tenderer shall not sublet or assign the contract or any part of it without obtaining the written permission of NFL in advance. In the event of the successful tenderer subletting or assigning the contract or any part thereof without such permission, NFL shall be entitled to cancel the contract and to purchase the goods elsewhere and successful tenderer shall be liable to the National Fertilizers Ltd for any loss or damage which NFL may sustain in consequence or arising out of such purchases. Even in case subletting is permitted, NFL shall not recognize any contractual obligation with the person or party to whom subletting is permitted and shall look to the successful tenderer for satisfactory and due and proper fulfillment of the contract.

14.00 Clear Understanding

When a tenderer submits his tender in response to this tender document, he will be deemed to have understood fully all requirements, terms and conditions. No request will be entertained on a pretext that the tenderer did not have a clear idea on any particular point and/or a clause of the tender.

15.00 Secrecy

The contract shall be regarded as secret and confidential and shall not without the written consent of NFL be published or disclosed to any third party or made use of by the supplier except for the purpose of implementing the contract.

16.00 Force Majeure 16.01 Neither party will be liable for any claim on account of any loss, damage or compensation,

whatsoever, arising out of any failure to carry out the terms of this contract, where such failure is caused due to war, rebellion, mutiny, civil commotion, fire, riots, earthquake, drought, flood crop failure, or Act of God or due to any restraint or regulation of the State or Central Government or a local authority/ies, provided a notice of such occurrence is given to the other party in writing within 10 days from the date of occurrence of the force majeure condition, furnishing therewith a documentary evidence supporting the invoking of the force majeure clause. On cessation of the force majeure, the party invoking force majeure will inform the other party of the period for which the force majeure condition continued and will also give documentary evidence thereof this effect.


of 38 16.02 Should one or both the Parties be prevented from fulfilling the contractual obligations by a

state of Force Majeure lasting continuously for a period of six (6) weeks, the two parties shall consult each other regarding the future of the Purchase Order. Mere shortage of labour, materials or utilities shall not constitute Force Majeure unless caused by circumstances which are themselves Force Majeure, if due to Force Majeure delay caused exceeds more than three (3) months, NFL shall have the right to cancel the Purchase Order at no charge to NFL in supplier’s favour and NFL shall be entitled to the reimbursement of any amount already paid to supplier.

16.03 Supplier shall endeavor to prevent, overcome or remove the cause of Force Majeure. 16.04 No ground for exemption can be invoked if Supplier has failed to give timely Notice by

Registered Letter and subsequently supported it by documentary evidence. 17.00 Disputes: 17.01 In all cases of disputes, the decision of National Fertilizers Limited shall be final. Failing

this, the matter will be referred to the Arbitration in accordance with the Indian Arbitration Act and amendments thereof.

17.02 Resolution of Disputes/Arbitration NFL and the Supplier shall make every effort to resolve amicably by direct informal

negotiations any disagreement or dispute arising between them under or in connection with the purchase order.

17.03 If, after thirty (30) days from the commencement of such informal negotiations, NFL and

the Supplier have been unable to resolve amicably a Purchase Order dispute, either party may require that the dispute, be referred for resolution to the formal mechanisms as specified hereunder.

18.00 Legal Construction

Subject to provision of Article 19.00 below, the Purchase Order shall be, in all respects, construed and operated as an Indian Contract and in accordance with Indian Laws as in force for the time being and is subject to the jurisdiction of Guna (MP) courts.

19.00 ARBITRATION: 19.01 For Indian Bidders:

“Except where otherwise provided in the contract all matters, questions, disputes, or differences whatsoever which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to the arbitration of Designated Unit Head / E.D / Functional Director / Chairman & the Managing Director, NFL or his/her nominee. The Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there-under shall govern the Arbitration proceedings. The Contractor hereby agrees that he shall have no objection if the arbitrator so appointed is an employee of NFL and he had to deal with the matter to which the Contract relates and that in the course of his duties as such he has expressed his views on all or any of the matter in dispute or differences.

If the arbitrator to whom matter is referred, vacates his/her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his predecessor left or at any such stage he may deem fit. It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the disputes/differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate of SBI PLR/Base Rate as applicable to NFL on the date of award of contract.”.


of 38 19.02 Execution of Purchase Order shall be continued by the Supplier during the Arbitration

proceedings unless otherwise directed in writing by NFL. 20.00 Laws governing Purchase Order:

The laws or Union of India for the time being in force shall govern the purchase order. 21.00 Patents

In the event of order, the Tenderer shall agree to indemnify the NFL or/and hold it/them harmless from against all claims, liability, loss, damage or expense including counsel fees arising from or by reasons of an action or claimed trade mark patent or copyright infringement or any litigation based hereon with respect of any part of the quoted items and such obligation shall survive acceptance of and payment for the items.

22.00 Indemnity

In the event of order, the Tenderer shall indemnify and save harmless NFL and or customer from all claims, losses, demands, causes of action or studies arising out of the services, labour, equipment and material supplied.

23.00 Acceptance

With the acceptance of Purchase Order with all its terms and conditions, Seller waive and consider as void any and all of Seller’s General Sales Conditions.

23.00 Jurisdiction

All actions at law or suits arising out of or in connection with this contract or the subject matter thereof will be instituted in Guna Courts in Guna district in the State of Madhya Pradesh.

24.00 In case of contradiction in any terms & conditions mentioned above with respect to special condition (if any) attached to tender documents then the provision of special terms & conditions shall prevail.

25.00 Signing of Integrity Pact

Bidder will sign the Integrity Pact as per enclosed Annexure-F, which is an integral part of the Tender Documents, failing which the Tenderer/ Bidder will stand disqualified from the tendering process and the bid of the bidder would be rejected. Details regarding Integrity Pact can be viewed on our website www.nationalfertilizers.com

26.00 If a tenderer resorts to any frivolous, malicious or baseless complaint/ allegations with an intent

to hamper or delay the tendering process or resorts to canvassing/ rigging/ influencing the tendering process, NFL reserves the right to debar such tenderer from participation in the present/ future tenders upto a period of TWO (2) YEARS.

27.00 You can access this NIT on our website www.nationalfertilizers.com & central public

procurement portal (http://eprocure.gov.in). Thanking you, Yours faithfully, For & on behalf of National Fertilizers Ltd. For CHIEF MANAGER-MATERIALS


of 38

Annexure-I

SPECIFICATIONS (A) Design, Manufacture, Supply, testing and Commissioning of Shunting Locomotive

having Single Power Pack, Diesel Engine with 4 Axles and Hydraulic Turbo Reverse Transmission of drive power of minimum 700 HP; the drive from the transmission to wheel will be through Final Drives and heavy duty cardan shaft.

(B) The detailed technical requirement & Mechanical design requirement shall be as per Annexure-II & III.

(C) Two Years spares as per Annexure-IV shall be supplied alongwith the locomotive.

TECHNICAL TERMS &CONDITIONS: 1. The following information should be furnished along with the quotation for

technical assessment: 1.1. Complete Scope of Supply. 1.2. Complete Catalogue/Technical Literature of quoted Locomotive Engine 1.3. G. A. drawing of the Locomotive 1.4. Quality assurance plan. 1.5. Documents as required as per Eligibility Criteria. 1.6. Minimum Delivery Period. 1.7. Deviations, if any, from terms and conditions of NIT. 1.8. Priced list of recommended two years spare parts.

2. Party must confirm availability of after sales service in India as well as availability of spares, including engines of the offered Locomotive for the next 10 years without obsolescence.

3. Two years maintenance spares as per Annexure-IV will be quoted separately.

4. Party shall quote to undertake AMC (Annual Maintenance Contract) of Locomotive Engine for a period of 03 (Three) years after the expiry of Guarantee/Warrantee period. Under AMC party must consider minimum four visits in a year to NFL site for checking & Services of Loco. The AMC charges will be included in the cost of Loco for evaluation of overall Lowest Bid. Detail terms & conditions of AMC offered to be furnished in the Technical Bid.

5. Bidder shall furnished Technical Specifications & Design Data of their quoted shunting locomotive in the Proforma attached as per Annexure-II &III.

6. The locomotive shall be supplied under third party inspection of by M/s LRA / Bureau Veritas / RITES.The charges for the Third Party inspection shall be quoted extra.

7. The scope of third party inspection shall include but not limited to be as below:

7.1 Review of Load Test of Diesel Engine 7.2 Review of Load Test of Hydraulic Transmission 7.3 Review of Manufacturer Test Certificates of Bought out items / assemblies

like Cardan Shaft, Coupling, Air Compressor, Brake Equipments, Couplers, Side Buffers, Wheels, Bearings, Axles, Springs etc.

7.4 Review of Compliance certificates of Manufactured items like Underframe, Bogie, Cabin, Hood, Fuel Tank, Spring Beam, Axle drive Housing, Shafts, Gears, Axle, Wheel axle assembly etc.

7.5 Witness of Free Running Test of Locomotive


of 38

8. If required, NFL may inspect the locomotive at party’s work before dispatch. Party shall intimate the readiness of the locomotive 15 days in advance.

9. The load test of the supplied Locomotive shall be carried out at NFL Vijaipur site with haulage of 30 No. Loaded wagons on Straight Track in presence of Representatives of Party and NFL.

10. Guarantee/ Warranty: Party must stand Guarantee towards any defect in Design, Manufacture or faulty workmanship revealed during actual usage of the Locomotive for a period of 24 months from the date of supply. The party will rectify the defect / replace the defective parts or assemblies free of charge at NFL site during the above period. New parts shall have to be arranged by party at their own cost.

11. Commissioning at site: Party will depute their personnel for commissioning of Locomotive at Vijaipur site.Commissioning of Locomotive is to be done within a week it reaches at Vijaipur site.

12. Party shall submit the following Certificates / Documents alongwith the supply of Locomotive:

i) All the test certificates duly certified by Third Party Inspection Agencyfor the inspection as per Clause No. 8 above

ii) Four sets of O&M Manuals in English language consisting of following detailsalong with techno-commercial bid:

iii) Spare Parts details alongwith part no. & installed quantities iv) G. A. drawing of the Locomotive. v) Grades of Lubricants, Greases, Hydraulic oils used in the Locomotive with

their international equivalents. vi) Detailed cross sectional drawings of sub-assemblies indicating part nos. vii) Electrical wire circuits diagrams viii) Emission certificate for Diesel Engine as per BS-III or latest standard. ix) Guarantee/ Warranty Certificate as per Clause No. 11 above.

13. Final acceptance/inspection of the Locomotive shall be done at Vijaipur after hauling load testing & confirmation of various features under joint inspection of NFL and the supplier.

14. Party will impart training to Loco Drivers as well as maintenance staff of NFL at for 4 days for operation and routine maintenance of the Locomotive for free of cost.

Boarding & lodging shall be provided in NFL Guest house on chargeable Basis subject to availability in case of training at NFL Vijaipur.Local Transportation will be arranged by the party at their own cost.

Boarding and lodging charges shall be borne by NFL in case of training at party’s work.

15. Statutory/Legal requirement, if any for manufacturing as well as transportation of the Locomotive shall be arranged and borne by the party.

16. The locomotive shall be painted with two coats of red oxide primer. The under frame is painted black with two coats synthetic enamel paint. The end painted in zebra pattern in black and yellow.


of 38

Annexure-II

Specification for Diesel Shunting Locomotive

Sr. Detail NFL Requirement Data/Confirmation by Vendor

Basic Data for Diesel Shunting Locomotive 1 Manufacturer or dealer To be specified by vendor

2 Manufactured in India / Abroad To be specified by vendor

3 Offered make & Model To be specified by vendor

4 Service Shunting

5 Power rating of Locomotive 700 HP (Minimum) Single Power Pack

6 Classification: Axle arrangement To be specified by vendor

7 Number of Axles: Driven/Non Driven Four, All Driven

8 Overall dimensions: DRG. No To be specified by vendor

9 Rail Gauge (mm) 1676

10 Maximum Axle Load (Te) ± 3% To be specified by vendor

11 Weight of Locomotive on Rail under working conditions (Te) ± 3% To be specified by vendor

12 Maximum Tractive Effort (kN) To be specified by vendor

13 Factor of adhesion with normal track conditions and dry rails 0.3

14 Wheel Diameter over tread (mm) 915.00 to 1100.00 (Preferably)

15 Fuel Tank Capacity (Liters) 2000 to 3000 (Preferably)

16 Maximum radius of curve that can be negotiated (M) To be specified by vendor

17 Tractive Effort Vs Speed Curve No. To be specified by vendor

18 Maximum Geared Speed of Locomotive (kmph) To be specified by vendor

19 Maximum continuous tractive effort (kN) To be specified by vendor

20 Minimum Speed at Maximum Continuous Tractive Effort (kmph) To be specified by vendor

Diesel Engine

21 Diesel Engine make Cummins/Caterpillar (Preferably)

22 Model Number/Type To be specified by vendor

23 No. of Cylinder To be specified by vendor

24 Type of Cycle Four stroke

25 Bore and Stroke To be specified by vendor

26 Displacement (Leter or cu.in) To be specified by vendor

27 Rated Speed of Engine (rpm) To be specified by vendor

28 Rated Gross Output Power (± 5%) under standard condition - Intermittent (HP) To be specified by vendor

29 Rated Gross Output Power (± 5%) under standard condition - Continuous (HP) To be specified by vendor


of 38

30 Number of Engine installed per Locomotive

One

31 Description of pressure charging Turbo Charged and after cooler

32 Conforming to STD To be specified by vendor

33 Fuel consumption @ 100% Load To be specified by vendor

Transmission

34 Transmission Type: Hydraulic/Electrical Hydraulic

35 Make of Transmission, if Hydraulic Voith Germany (Preferably)

36 Model To be specified by vendor

37 Drive to Axle To be specified by vendor


of 38 Annexure-III

Mechanical Design of Locomotive

Sl.No. Arrangement NFL Requirement Data/Confirmation by Vendor

1 MAINFRAME The mainframe shall be of robust box type design, Fabricated from IS 2062 quality of weldable steel designed to withstand high loads and static buffing strength. The mainframe is of all welded construction fabricated with I - beam rolled section and plates having high torsion stability and resistance to bending loads. The construction is well braced with transverse and longitudinal members to withstand buffing and draw gear loads encountered during shunting operations. The design of the main frame includes a heavy deck plate extending over entire frame length for mounting of main equipment.

2 BOGIE The bogies shall be of BB design and of robust construction to withstand maximum traction and braking forces during operation. Design characteristics include high adhesion, low weight transfer and satisfactory riding comfort. Horn guide faces are provided with manganese steel liners. Design provides for equalizing load on the axles.

3 WHEEL AXLE & FINAL DRIVE

Monoblock, heavy duty rolled steel wheels conforming to Indian Railway specifications R34. Axles are manufactured from high grade steel forging equivalent to Indian Railway specification R43.Grease lubricated roller bearings are used on the axle bearing journal.

4 JACKING PADS Provision has been made in the frame for lifting of complete locomotive with bogies or lifting the under frame and super structure by means of lifting jacks after disconnecting bogies.


of 38 5 DRIVERS CABIN The Locomotive is provided with full

width single driving cab properly ventilated and fully insulated and sound proof with all round visibility. The design is based upon sound ergonomic considerations for maximum driver comfort. Two entrance doors are provided on diagonally opposite sides. Location of controls, gauges and instrumentation are arranged for easy accessibility and visibility. There is provision for single control panel with two driver's desk having controls for movement of Locomotive in either direction. Heavy duty pneumatically operated windscreen wipers are provided for front and rear windows.

6 SUPER STRUCTURE Bonnet type construction with hinged side doors with louvers. Provision exists for walkway right around the Locomotive. Rain water gutters are provided for drainage along the length of the Locomotive.

7 FUEL TANK Fuel tank is manufactured from heavy gauge steel, well baffled and ventilated. The fuel tank is located under the deck. Two numbers graduated (Litres) and protected fuel gauges are provided on either side of the tank.

8 DRAW AND BUFFER GEAR

The Locomotive is fitted with at each end with transition type couplers and side buffers standardised for operation.

9 SPRING GEAR Helical springs conforming to Indian Railway Specification R1 for silicon manganese steel or AAR Specification M-114 or equivalent have been used to transfer the load from pivot to the axles.

10 COW CATCHER Cow catcher of robust construction and bolted to the buffer beam is provided at end of the Locomotive.

11 DIESEL ENGINE The locomotive shall powered by single engine which shall be proven for traction application and operates reliably under tropical conditions. Engine Starting shall be of electrical type and engine rating shall be designed for maximum load requirement for traction and power requirement for auxilaries.


of 38 12 RADIATOR

ARRANGEMENT The water cooling system for the engine system and transmission oil is pressurized and of robust construction with provision of twin radiators of adequate capacity to handle the cooling requirements under continuous full load conditions.

13 HAND RAIL & FOOTSTEPS

Suitable hand rails are provided along the side of the hood, across ends and near footsteps. Footsteps are of non-skid plates are provided at four corners of the frame and near entrance doors.

14 AIR INTAKE ARRANGEMENT

Air intake is filtered through primary and secondary filters.

15 TRANSMISSION The locomotive shall be fitted with single Voith make (preferably) transmission with torque converter for forward & reverse capability. The transmission shall be of instant turbo reversing clutchless type and shall be designed to automatically adjust the torque requirements commensurate with demands from the trailing load input and output power to and from the transmissions through heavy duty cardan shaft.

16 BATTERIES Lead acid storage heavy duty 24 V storage battery of robust and proven design and of adquate capacity will be provided.

17 BRAKE RIGGING ARRANGEMENT

Locomotives are fitted with compressed air brake system design using reputed brake components. The braking system is designed such that with full brake pressure, the braking force on brake shoes is 80% of the maximum weight of the Locomotive. All wheels of the Locomotive are braked and the brake shoes are of Ferrodo. Additionally, the locomotive will be equipped with Air brake system for trailing load. A hand brake actuated by ratchet mechanism in driver's cabin is provided for emergency/parking.

18 WARNING HORNS Dual tone Pneumatic horns shall be fitted facing outwards at each end of the cabin.


of 38 19 SANDING

ARRANGEMENT Pneumatic sanding gear of reliable and robust type is provided so that sand is available on the leading wheels of each bogie in either direction of travel.

20 COMPRESSOR The air compressor is designed of adequate capacity to meet the requirements for both the braking system and auxiliary controls.

21 Painting The painting scheme will be as per NFL requirement/ manufacturer standard and painting will be satisfactory enough to last harsh operating conditions atsite.

22 PNEUMATIC PIPING Pneumatic pipes shall be used on the Locomotive control to specification IS:1239. The layout shall be designed to allow easy access with provision of long length with minimum bends and elbows. Electrical conduits shall be seperated out from the pneumatic piping with the length of te piping/cables kept to the bear minimum with junction boxes for access and fault rectification. All cable and wires shall be taggedand tabled as per standard practice. Pipe/ducts and conduits shall be marked with different colours for easy identification.

23 CONTROL EQUIPEMENT AND INSTRUMENTATION

Adequate control equipment including gauges, instruments and safety devices are provided for safe and satisfactory operation of Locomotive. Control stands are positioned in such a way as to enable driving in either direction.

The following controls, gauges and safety devices are provided

Controls

Engine Start-Stop

Engine throttle - cum- forward/reverse

Illumination

Brake

Horn


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Windscreen Wipers

Sanding

Instruments and gauges

Engine service hour meter

Engine rpm meter

Speedometer

Engine oil pressure gauge

Engine water temperature gauge

Air pressure gauges for brake system

Brake cylinder pressure gauge

Control air pressure gauge

Main air reservoir pressure gauge

Ammeter for battery

Transmission oil pressure and temperature gauge

Warning signals / Indication lamps and Safety device

Low lube oil pressure: Transmission power cut off and engine shut down

Radiator water temperature too high: power to Transmission cut off and Engine shut down

Engine rpm too high: power to Transmission cut off and engine shut down

Transmission oil temperature too high: Transmission power cut off

Exhaust gas temperature too high: engine shut down

Transmission on: Indication signal

Battery discharge : Indication signal


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Head light/parking lights on: Indication signal

All the instruments and gauges are proven and reliable design. In addition to above safety devices, protection against electrical overload are also provided.

24 Quality Assurance Plan

The Locomotive shall be built as per the standard and specifications laid out in manufacturer's Quality Assurance Plane covering materials, bought out items manufacturing processes, workmanship and tensting requirements for sub assemblies and the finished Locomotive.


of 38

Annexure-IV

TWO YEARS MANDATORY SPARE PARTS LIST

S.No. Description Unit Qty

A Diesel Engine Spares

1 V-Belt for Radiator Fan Nos 3

2 V-Belt for Alternator Nos 3

3 V-Belt for Water Pump Nos 3

4 Kit Fuel Fiter& Ring Nos 12

5 Element Lube Oil Filter Nos 12

6 Kit Super By-Pass Filter Element Nos 8

7 Air Filter Inner Outer as ONE SET Nos 6

8 Oil Pressure Switch Nos 3

9 Temperature Switch Nos 3

10 Engine hour meter Nos 3

11 Engine rpm meter Nos 3

12 Speedometer Nos 3

13 Engine oil pressure gauge Nos 3

14 Engine water temperature gauge Nos 3

15 Hoses Elbow with clamp set 3

16 Strainer Nos 3

17 Gasket set 3

18 Sealing Ring Set 3

19 S.D.Valve Nos 3

B Transmission

1 Oil Seal Set 1

2 Hoses Set 1

C Other Loco Spares (Gear Boxes, Electricals etc.)

1 Non-Return Valves Set 1

2 Battery Isolating Switch Nos 1

3 Hoses Set 1

4 Circuit Breaker Engine Nos 2

5 Starting Key Switch with element Nos 1

6 Fuel Bypass Push Button Nos 2

7 Indication Light Bulb Nos 10

8 Head Light Bulb Nos 6

9 Tail Light Set Nos 2

10 Cab and Hood Light Bulb Nos 6

11 Engine Stop Push Button with element Nos 2

12 Brake Block Shoe Nos 32

13 Oil Seals for Axle Drive Gear Box (Output) Set 1

14 Oil Seals for Axle Drive Gear Box (Input) Set 1

15 Torque Arm Pin & Nut Set 1

19 Main Circuit Breaker Nos 2

20 Diodes set 2


of 38

21 Circuit Breaker Nos 2

22 Toggle Switch Nos 8

23 Electronic Timer Nos 2

24 Electronic Hooter Nos 1

25 Air Pressure Gauge Nos 2

26 Torque Converter Oil Pressure Gauge Nos 1

27 Ammeter Nos 1

28 L.O. Temp. Gauge Nos 1

D Loco Pneumatic Equipment Spares

1 Repair Kit 4/2 Way Valve - Driver's Valve set 2

2 Repair Kit Engine Control Device Set 2

3 Repair Kit C2w Relay Valve Set 2

4 Repair Kit 24-A Double Check Valve 3/8" Set 2

5 Repair Kit Duplex Check Valve 3/4" Set 2

6 Filter Element for J-1 Filter Nos 2

7 Repair Kit S A Brake Cylinder 8 x 8" Nos 2

8 Repair Kit A9 Automatic Brake Valve Nos 2

9 Repair Kit For SA-9 Independent Brake Valve Nos 2

10 Repair Kit for D A Brake Cylinder 8 x 6" Nos 2

11 Repair Kit for Safety Valve Nos 2

12 Repair Kit for Horn OPT Valve Nos 2

13 Shut off cock Nos 2

14 Repair Kit for Duplex Brake Cylinder Nos 2

15 Repair Kit for close regulating valve Nos 2

16 Tubular check valve Nos 2

E Compressor

1 V-Belt for Compressor Set 2

2 Hoses for Compressor Set 1

3 Repair Kit for Compressor Set 2

4 Piston Ring Set set 3

5 Disk Valve assembly Set set 3

6 Oil Seal Nos 3

7 Breather Assy. Nos 3

8 Piston with G Pin set set 3

9 Circlip set 3

10 Sasfety Valve Nos 3

11 Dipstick with chain Nos 3

12 Oil bath filter Nos 3


of 38

Annexure-V

LIST OF CERTIFICATES TO BE FURNISHED WITH DOCUMENTS: SL. NO.

DESCRIPTION TEST CERTIFICATE

INSPECTION REPORT

WARRANTY AND GUARANTEE CERTIFICATE

1 DIESEL ENGINE YES YES YES 2 TRANSMISSION YES - YES 3 CARDAN SHAFT - YES YES 4 COUPLING YES YES - 5 COMPRESSOR YES - YES 6 BRAKE EQUIPMENTS YES - - 7 COUPLER YES - YES 8 BEARING YES - YES 9 WHEEL - YES - 10 GEAR & SHAFT

FORGINGS YES - -

11 AXLE BOX, GEAR BOX CASTING

YES - -

12 SPRING YES YES 13 GEAR & PINION

MACHINING - YES -

14 AXLE MACHINING - YES - 15 GEAR BOX, WHEEL &

AXLE BOX MACHINING

- YES -

16 PLATE YES - - 17 BOGIE YES - YES 18 BATTERY - - YES 19 OEM MANUAL EACH SET COMPRISING OF ENGINE PARTS AND O & M

MANUAL, TRANSMISSION PARTS AND O & M MANUAL, COMPRESSOR PARTS AND O & M MANUAL, LOCO PARTS AND O & M MANUAL


of 38

Annexure-A PROFORMA FOR PRICE BID

(To be submitted on your Letterhead)

Quotation Ref:_____________________ Dated :_____________________

To, The Chief Manager (Matls) National Fertilizers Limited VIJAIPUR – 473111, Dist: Guna (MP) Sub: Your NIT No.NFV/PUR/AMW-151328-H1 dated 10-JUNE-2016, Due on: 01-AUGUST-2016 Dear Sir, 1.With reference to above-mentioned tender, we hereby submit our Price Bid for subject material as under:

2. Total Basic Price on Ex-works basis 3. P& F Charges (if any) 4. Excise Duty @……….. % 5 Educational Cess on Excise Duty ………..% 6 Sales Tax @………….% against Form-C 7 Third Party Inspection Charges (if any) 8 Service Tax on TPI (if any) 9 Any other charges (Please specify) 10 Freight from party’s works to NFL Vijaipur Site, Dist. Guna (MP)

11

GRAND TOTAL (on Landed Cost basis i.e. 2+3+4+5+6+7+8+9+10)

12 Name of Third Party Inspection Agency to be engaged by you

2. Are you registered as MICRO, SMALL or MEDIUM Enterprise under MSMED Act 2006? : If YES,

A) Please indicate relevant category with copy of documentary proof issued by the concerned authorities :

B) Does your firm fall under MSE’s owned by SC/ST Entrepreneurs? If so, enclose a copy of documentary evidence :

3. Our Bank Details for payment through RTGS/EFT: Account Number & Type : Name of the Bank :

Branch Name & Code : Branch Address : IFSC/NEFT/RTGS/MICR Code : Your Income Tax PAN :

S.No. Description Unit Qty Unit Rate (Rs)

Amount (Rs)

1. A) Design, Manufacture, Supply, Testing and Commissioning of Diesel Shunting Locomotive having Single Power Pack Diesel Engine with 4-Axles and Hydraulic Turbo Reverse Transmission of drive power of minimum 700 HP Capacity, the drive from the transmission to wheel will be through Final Drive and heavy duty cardan shaft. Detailed Technical Requirement and Mechanical Design Requirement shall be as per Annexures-II and III. (B) Two Years Spares as per Annexure-IV

No. 01


of 38 4. I/We have read all the terms and conditions of the NIT and the Annexure(s) thereto and agree to

accept and abide by the same in toto. The above quotation has been prepared after taking into account all the terms and conditions of the NIT. We enclose a break up of the various cost components quoted by us.

Signature & Seal of Tenderer or Their Authorized Representative: ____________

Dated: Name & Address of Tenderer: _______________ _______________________________________ Phone No: ______________________________ Fax no.: ________________________________ E-Mail:__________________________________


of 38

Annexure-B

LOADING CRITERIA

The bidders must accept the terms and conditions stipulated in the NIT, failing which the bid is likely to be rejected at the sole discretion of NFL. However, NFL may at its sole discretion, accept bids having deviation to NIT terms and Conditions by adopting the following loading Criteria.

i. Offers received without EMD:-

EMD amount (absolute value), as required in the NIT shall be loaded on landed cost of total offer value.

ii. a. Non-submission of Security Deposit

The loading shall be adopted for shortfall in the bank guarantee agreed by the bidder. For example, NIT calls for bank guarantee for 10%, then loading shall be done as under:-

Bank guarantee for Security Deposit

Loading Criteria

Less than 10%. (10%-Quoted Percentage) of basic price @ Prime Lending Rate {SBI PLR} + 1% on shortfall in Bank Guarantee value agreed by the Bidder for delivery period with additional one month period

b. Non-submission of Performance Bank Guarantee

The loading shall be adopted for shortfall in the bank guarantee agreed by the bidder. For example, NIT calls for bank guarantee for10%, then loading shall be done as under:-

PBG Quoted Loading Criteria Less than 10%. 10% - Quoted Percentage of CIF/Ex-Works Prices

c. Loading on account of discrepancy in the Warranty/Guarantee Period Wherever Bidders quote reduced Warranty/Guarantee Period, following loading criteria shall be adopted:

[10% of CIF/Ex-Works Price x (No. of Months as per NIT – No. of Months quoted]

No. of Months as per NIT NOTE:

If the sum of (b) and (c) above is more than 10% of CIF/ Ex-Works Prices, then the loading shall be limited to 10%.

iii. Payment Terms

NFL will not make any advance/progressive payments. NFL’s standard payment term is “100% within 30 days of receipt and acceptance of material at site.” The deviation in differential payment terms with respect to NIT Clause shall be loaded as under for interest @Prime Lending Rate (SBI PLR) + 1% for the period: 1 Against Payment for dispatch of material/

through Bank

1a Foreign Bidders

Three Months

1b Indian Bidders Depending on Delivery Conditions viz. Ex-Works – One and a Half Month FOR Destination – One Month

2 100% within 30 days of the receipt and acceptance of material at NFL Stores

Nil


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iv. Packing & Forwarding

Wherever Bidders have not indicated P&F Charges, but mentioned that ‘P&F Charges extra at actual’, their Prices shall be loaded @2% of Ex-Works Prices or the maximum amount as quoted by another bidder whichever is higher. NFL’s maximum liability to pay P&F Charges shall be limited to the amount loaded for evaluation purpose.

v. Liquidated damages due to delay in supplies:-

If deviation is noted in the quoted liquidated damages, the proportionate loading for shortfall shall be adopted. For example, NIT calls for 0.5% per week subject to maximum of 5% of the total order value, loading criteria shall be as under:-

Quoted Liquidated Damages Loading criteria a) 0.5% per week subject to a ceiling of 05% of total order

value (Ex-Works/CIF Value) No loading.

b) 0.5% per week subject to a ceiling of 2.5% of total order value.

2.5% loading.

c) Liquidated Damages accepted on undelivered value instead of total order value.

2.5% loading.

d) Non-acceptance of liquidated damages. 5% loading.

vi. Third Party Inspection Charges Wherever Bidders have not indicated the TPI Charges in their quotations but mentioned that ‘TPI Charges extra at actual’, the highest Third Party Inspection Charges quoted by other Bidders shall be loaded for evaluation purpose

vii. Loading of freight [Inland Transportation Charges] in percentage terms as

under: While undertaking item-wise evaluation where item wise weights are not available, the following procedure shall be adopted for calculating transportation charges up to NFL site: i. Transportation from the vendors situated- 1% of CIF/Ex-works Prices

within a distance of 400 KMS. ii. Transportation from the vendors situated- 2% of CIF/Ex-works Prices

within a distance of 401 to 800 KMS. iii. Transportation from the vendors situated- 3% of CIF/Ex-works Prices

at a distance of more than 800 KMS.

All Indian parties are required to quote ex-works Price and freight charges up to NFL Site, compulsorily. If all the parties have given freight charges up to site the same shall be considered for evaluation. However, if only some parties have given freight charges, NFL reserves the right to load for such parties who have not quoted freight charges with freight charges as above. NFL’s decision on this regard shall be final and binding on these Bidders.

viii. Loading of Ocean/Air Freight (Foreign Bidders): Offers of Foreign Bidders shall be loaded for Ocean/Air Freight as under:-

a. Ocean Freight - @3% of FOB Value b. Air Freight - @5% of FCA Value

For Chief Manager-Materials


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ANNEXURE-C

SPECIFIC CONFIRMATION BY VENDOR Note: Please submit this ANNEXURE duly filled, signed and stamped along with your

Unpriced Techno-Commercial Bid 1. Complete Technical Specifications of offered items provided in the Part-I

(i.e. Unpriced Techno-Commercial) Indicated

2. Complete compliance to Technical Specifications as per Annexures of NIT. If NOT, Annexure-wise & Clause-wise Deviations List is submitted.

Confirm

3. Prices quoted are on F.O.R. NFL Vijaipur basis giving price break up as per Proforma for Price Bid (Annexure-A)

Yes.

4. Indicate the Name of the Third Party Inspection Agency to be engaged by you (i.e. M/s LRA/ M/s BV/ M/s RITES)

5. Tender Cost of Rs.1150/- (Rupees One Thousand One Hundred Fifty only) as per Clause No.2.36.

Yes

6.

EMD of Rs.1,00,000/- (Rupees One Lakh only) or equivalent in quoted currencysubmitted as per Clause No. 3.00

Yes

7. Furnishing of Security Deposit-cum-Performance Guarantee @5% of Order Value OR Minimum Rs.3.75 Lakh (Rupees Three Lakh Seventy Five Thousand ony) within 30 days of receipt of Purchase Order as per NIT Clause No. 4.00

Agreed

8. Acceptance of Liquidated Damages for Late Supply as per NIT Clause No. 12.00

Agreed

9. Delivery Period for supply of material from the date of receipt of PO

Indicated

10. Confirm acceptance of 100% payment within 30 days of receipt and acceptance of material at site through RTGS

Agreed

11. Confirm validity of offer for 120 days from the date of opening

Yes

12. Accepted all the Special Conditions & Conditions mentioned under Annexure-V of our NIT.

Yes

13. A copy of UNPRICED FORMAT of Price Bid is enclosed with Techno-Commercial Unpriced Bid (Part-I)

Yes

14.

Will guarantee/warranty the items as per NIT Clause No. 5.00/ Clause No.10 of NIT Annexure-I

Yes

15. Confirmation for acceptance of order for part quantities Yes

16. Meeting all the Eligibility Criterion mentioned under Clause No.1.00 and its sub-clauses of NIT and have submitted all relevant documentary evidence in support of the same along with Unpriced Techno Commercial Bid

Yes

17. Attached relevant documentary evidence towards registration of the Company/Firm under MSMED Act 2006 and documentary evidence towards owning of the MSME by SC/ST Entrepreneur/s

Yes

18. Submitted Integrity Pact as per Annexure-F duly executed, along with unpriced techno-commercial bid

Yes

19. Accepted all the terms and conditions of our Tender Enquiry without any deviations and submitted a copy of the NIT duly signed in token of acceptance of terms and conditions

Yes.

Name of Signatory_________________________ (in capitals) Designation of Signatory:____________________

Name & Address of the firm._________________


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Annexure-D

Bid Security Form [Non-Judicial Stamp paper to be drawn in the name of Issuing Bank]

Draft of Bank Guarantee for Bid Security Deposit

In consideration of National Fertilizers Limited (NFL), having its Registered Office at

SCOPE Complex, Core-III, 7, Institutional Area, Lodhi Road, New Delhi-110 003 (hereinafter called as ‘NFL’ which expression shall unless repugnant to the subject or context includes its successors and assigns) having agreed to exempt ____________________________ (hereinafter called the, ‘the said tenderer(s)’ which expression shall unless repugnant to the subject or context includes his successors and assigns) from the demand under the terms and conditions of tender No ___________________ for ___________________ hereinafter called “the said tenderer’ of such Bid Security Deposit for the due fulfillment by the said tenderer(s) of the terms and conditions contained in the said tender _______________ for ____________ on production of Bank Guarantee for Rs. ___________ (Rupees ___________________ only). 1. We ___________________, the bank, hereinafter referred to as ‘the bank’ do hereby undertake to pay to NFL an amount not exceeding Rs.____________ (Rupees ____________________ only) against any loss or damage caused to or suffered by ‘NFL’ reason of any breach by the said tenderer(s) of any of the terms and conditions contained in the said tender (the decision of the company as to any such breach having been committed and loss suffered shall be binding on us). 2. We _________________, the bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur merely or a demand from ‘NFL' stating that the amount claimed is due by way of loss or damage caused to or would cause to or suffered by ‘NFL’ by reason of any breach by the said tenderer(s) of any of the terms or conditions contained in the said tender or by reason of the said tenderer’s failure to keep the tender open. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ________________ (Rs _____________________only). 3. We ____________________, the bank, further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the finalisation of the said tender and that it shall continue to be enforceable till the said tender is finally decided and order placed on the successful tenderer and/ or till all the dues of NFL under/or by virtue of the said tender have been fully paid and its claims satisfied or discharged or till a duly authorised officer of NFL certified that the terms and conditions of the said tender have been fully and properly carried out by the said tenderer(s) and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _____________ to include three months claim over and above the period mentioned in the paragraph for the validity of the bank guarantee in the tender we shall be discharged from all liability under this guarantee thereafter. 4. We ______________________________, the bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of ‘NFL’ in writing. Dated ________________ day of ______________________2016 Corporate seal for Bank


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Annexure-E

BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE FORMAT

(To be prepared on Stamp paper issued in the name of Bank)

This BANK GUARANTEE No. _____________________________ made this day of

______________________ between _________________________________ a bank incorporated and having its registered office at _________________________ (hereinafter called BANK) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns on the one part and NATIONAL FERTILIZERS LIMITED, a Company registered in India under Companies Act, 1956 and having its registered office at Core - III, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi - 110 003, India to the context or contrary to the meaning thereof include its successors and assigns on the other part.

WHEREAS in pursuance to the agreement No._______________dated_________(hereinafter called CONTRACT) entered into between National Fertilizers Limited (hereinafter called OWNER and ____________________________________a Company incorporated in _______________________ (hereinafter called CONTRACTOR) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns, for supply of ________________________________________________________ as envisaged in the Contract, Contractor has to submit a SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE for Rs._________.

CONTRACTOR accordingly agrees to furnish the Bank Guarantee for Security Deposit-cum-Performance Guarantee as hereinafter contained towards fulfilment of all of its obligations under the contract. NOW THIS DEED WITNESSES AS FOLLOWS: 1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to OWNER that the BANK is holding the amount of Rs.__________________________________at Owner's disposal and hereby promises and shall be bound to pay to OWNER, forthwith at Owner's written notice stating that the contractor has failed to fulfil its obligations under the contract for reasons for which contractor is liable and without any protest or demur and without recourse to contractor and without asking for any reasons as to whether the amount if lawfully asked for by Owner or not, the entire amount or the portion thereof as mentioned by Owner in the notice.

The decision of the Owner as to whether the terms and conditions of this BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE have been observed or not shall be final and binding on the BANK. In any case, however the Bank's responsibility under this BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE is limited to Rs. _____________________________. 2. This SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE shall be valid for an initial period of _______________________ months from the date of this Bank Guarantee No.___________________ dated ______________ given by the Bank to Owner become effective. Upon issuance of Commissioning / Erection / Completion certificate according to terms of contract on expiry of _________________ months after the issuance of the above mentioned certificate of commissioning/ erection / completion certificate, the BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE shall become null and void.


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3. This SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE shall be in addition to and shall not affect or be affected by any other security now or hereafter held by Owner on account of money hereby intended to secure and Owner at its discretion and without any further consent from the Bank, and without affecting its rights against the Bank, may compound with, give time or other indulgence to or make any other arrangement with Contractor and nothing done or omitted to be done by Owner in pursuance of any authority or permission contained in this guarantee, shall effect discharge of the liability of the Bank. 4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Security Deposit-cum-Performance Bank Guarantee will remain in force initially upto __________________ months from the effective date of Bank Guarantee No. ________________ dated ____________ given by the Bank to the Owner and subject to provisions of paragraph 2 above will stand automatically cancelled on the expiry of the said period. Unless demand or claim under this Bank Guarantee is made on Bank in writing within three months from the date of expiry of this Bank Guarantee, all the rights of Owner against the Bank shall be forfeited and Bank shall be relieved and discharged from all the liabilities hereunder. 5. Any notice by way of request, demand or otherwise hereunder may be sent by post to the Bank, addressed as aforesaid, and if sent by post, it shall be deemed to have been given at the time when it would be delivered in due course of post, and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate, signed by an officer of the owners, to the effect that the envelope was so posted, shall be conclusive. 6. This SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE is to be returned to the Bank after its expiry in terms of Paragraph 4 above. 7. The Bank declares that it has the power to issue this guarantee and the undersigned have full power to do so. Dated _______________ this __________________ day of _____________. (Indicate the name of the Bank with stamp)


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ANNEXURE-F

(To be executed on plain paper and submitted along with technical bid/tender documents for tenders having a value of Rs.1 crore or more.

To be signed by the bidder and NFL.)

National Fertilizers Limited (NFL) hereinafter referred to as “The Principal”.

AND

_________________________hereinafter referred to as “The Bidder/Contractor”

PREAMBLE The Principal intends to award, under laid down organizational procedures, contract/s for ___________________________. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of and of fairness/transparency in its relations with its Bidder(s) and/or Contractor(s). In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Action 1 – Commitments of the Principal. 1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles :- a) No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the personal is not legally entitled to. b) The Principal will during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the process or the contract execution. c) The Principal will exclude from the process all known prejudiced persons. 2. If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions. Section 2 – Commitments of the Bidder(s)/Contractor(s) Section 2 – Commitments of the Bidder(s)/Contractor(s) 1. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. a. The Bidder(s)/contractor(s) will not, directly or through any other persons or firm, offer promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage or during the execution of the contract.


of 38 b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process. c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidder(s)/Contractors will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or documents provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly, the bidder(s)/contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. All the payments made to the India agent/representative have to be in Indian Rupees only. e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. 2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3: Disqualification from tender process and exclusion from future contract If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Section 2 above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or to terminate the contract, if already signed, for such reasons. Section 4 : Compensation for Damages 1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security. 2. If the Principal has terminated the contract according to Section3, or if the Principal is entitled to terminate the contract according to Section3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee. Section 5 : Previous Transgression 1. The Bidder declares that no previous transgressions occurred in the last three years with any other company in any country conforming to the TII’s anti corruption approach or with any other public sector enterprise in India that could justify his exclusion from the tender process. 2. If the bidder makes incorrect statement on this subject, he can be disqualified from the tender process and appropriate action can be taken including termination of the contract, if already awarded, for such reason.


of 38 Section 6 : Equal treatment of all Bidders/Contractors/Subcontractors. 1. The Principal will enter into agreements with the identical conditions as this one with all bidders, contractors and sub-contractors. 2. The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions. Section 7: Criminal charges against violation Bidder(s)/Contractor(s)/Sub-contractors(s). If the Principal obtains knowledge of conduct of a Bidder(s)/ Contractor(s) which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer. Section 8 : Independent External Monitor/Monitors 1. The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. 2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. It will be obligatory for him to treat the information and documents of bidders /contractors as confidential. He reports to the Chairman & Managing Director, NFL. 3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. 4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings. 5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 6. The Monitor will submit a written report to the Chairman & Managing Director,, NFL within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should be occasion arise, submit proposals for correcting problematic situations. 7. Monitor shall be entitled to compensation on the same terms as being extended to/provided to Independent Directors on NFL Board. 8. If the Monitor has reported to the Chairman & Managing Director, National Fertilizers Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the Chairman & Managing Director, NFL has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. 9. The word “Monitor” word include both singular and plural.


of 38 Section 9 : Pact Duration This pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidder 6 months after the contract has been awarded. If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by Chairman & Managing Director of NFL. Section 10 : Other Provisions • This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal i.e. New Delhi. • Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. • If the contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. • Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. (For & on behalf of the Principal) (For & on behalf of Bidder/Contractor)

(Office Seal) (Office Seal) Place_________________ Date_________________ Witness 1 : Witness 1 : (Name & Address) (Name & Address) _____________________________ _____________________________ ______________________________ _____________________________ ______________________________ ___________________________ Witness 2 : Witness 2 : (Name & Address) (Name & Address) _____________________________ ___________________________ ______________________________ ___________________________ ______________________________ ___________________________


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ANNEXURE-G Benefits to Micro and Small Enterprises (MSEs):

With reference to the Order of the Ministry of MSME, under the Public Procurement Policy, March 2012, Micro and Small Enterprises shall be entitled for benefits, subject to terms and conditions, as under: a) Qualifying Criteria for MSEs, SC/ST Vendors :

i. MSE bidders must submit Registration Certificates from any of the following (or any other body specified by the Ministry of MSME):

National Small Industries Corporation (NSIC) District Industries Centres (DIC) Coir Board Khadi and Village Industries Commission (KVIC) Khadi and Village Industries Board (KVIB) Directorate of Handicrafts and Handloom

ii. SC/ST owned Enterprises (i.e. SC/ST Proprietorship or holding minimum 51% shares in case of Partnership/Private Limited Companies) shall additionally submit relevant SC/ST certificates issued by any of the following:

District/Additional District Magistrate / Collector / Deputy Commissioner/ Additional Deputy

Commissioner / Deputy Collector / 1st Class Stipendiary Magistrate / Sub-Divisional Magistrate/ Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner

Chief Presidency Magistrate /Additional Chief Presidency Magistrate / Presidency Magistrate

Revenue Officer not below the rank of Tehsildar Sub-Divisional Officer of the area where the individual and/or his family normally resides.

iii. The registration shall be valid as on date of placement of order. A self-attested photocopy of the

relevant certificate shall be submitted as a support document. iv. The registration must be for the items/category of items / services relevant to the tendered items

/category of items / services.

(b) Purchase Preference for MSE : In tenders, where the L1 (evaluated price) bidder is a non-MSE, up to 20% of the tendered quantity shall be allowed to be supplied by participating MSEs provided that the tendered quantity is divisible into two or more orders and adequate for the purpose; all qualifying bidders have agreed for acceptance of part-order quantity and participating MSE matches the L1 rate.

A share of 4% out of this 20% shall be allowed to be supplied by participating MSEs owned by Scheduled Caste/Scheduled Tribe Entrepreneurs. In the case of an SC/ST owned MSE failing to participate in the tender or not meeting the tender requirements, this 4% sub-target shall be met by other participating MSEs. The above shall be subject to that the participating MSE (including SC/ST) bidders shall have quoted a price within +15% of the L1 bid price and further that they shall agree to match their quoted price with the L1 price. In case that two or more MSEs are within the L1 +15% band, all such MSEs will be offered the opportunity to match the L1 rate and 20% of the order will be shared equally by them. Where the MSE is SC/ST owned, they shall be exclusively awarded a share of 4% of the above 20% in addition to equally sharing the balance 16% with other non-SC/ST MSEs. In case of more than one SC/ST MSE matching the L1 price, they shall equally share 4% of the order and additionally share the balance 16% with other non-SC/ST MSE bidders.

(c) Exemption from Earnest Money Deposit (EMD)/ Tender cost and Security Deposit (SD) for MSE: i. Tenders shall be provided free of cost and tender documents are downloadable from the websites of

NFL (http://www.nationalfertiizers.com) and the Central Public Procurement (CPP) Portal (https://www.eprocure.gov.in/epublish/app) or can be obtained from the Office of Chief Manager (Materials) / DGM (Materials) / General Manager (Materials)

ii. MSE units qualifying as at (a) above shall be exempt from paying EMD. iii. Additionally, MSEs registered with NSIC shall be exempt from paying Security Deposit up to the

monetary limit mentioned in the certificate.

***