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INVITATION TO BID

FOR

INSTALLATION OF

ADDITIONAL COOLING WATER PUMPS ALONG WITH PIPING AND ALLIED CIVIL

WORKS

PART-1 COMMERTIAL

(ITB NO- NFVP/CWP/2013)

NFL VIJAIPUR DISTT. GUNA (MP) - 473111

COMMERCIAL DOCUMENTS (Part-1) INVITATION TO BID

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DOCUMENT NO REV SHEET 1 OF 1

NFVP/CWP/2013

CONTENTS

DOCUMENT DESCRIPTION NO. OF

SHEETS NOTICE INVITING TENDER 03

PRE-QUALIFICATION CRITERIA 03

ATTACHMENT–I INSTRUCTION TO BIDDERS 1-26

ATTACHMENT–II GENERAL CONDITIONS OF PURCHASE 1-38

ATTACHMENT–III SPECIAL CONDITION OF CONTRACT 1-13

ATTACHMENT–IV BID FORM , PRICE SCHEDULE SUMMARY OF TERMS AND CONDITIONS

1-15

ATTACHMENT–V PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT / PROGRESS PAYMENT , BID SECURITY FORM , PERFORMANCE BANK GURANTEE FORM

1-7

ATTACHMENT–VI FORMAT FOR EXCEPTIONS / DEVIATIONS 1-2

ATTACHMENT–VII SITE WORKING AND SAFETY CONDITION 1-9

ATTACHMENT–VIII APPLICABLE INDIAN ACTS RULES AND REGULATIONS

1-3

INVITATION TO BID

(INTERNATIONAL COMPETITIVE BIDDING)

ICB - SUPPLY CUM ERECTION

As per list attached

ITB No. NFVP/CWP/2013 Date of Issue 11-02-2014 Bid Closing Date & Time 25-03-2014 (15.00 HRS IST) Tech. Bid opening Date & Time 25-03-2014 (15.30 HRS IST) Price Bid opening Date & Time

Shall be intimated later on to Technically and Commercially acceptable Bidder.

Venue of Bid opening NFL Vijaipur Type of Bid Two Stage / Sealed Bid

Public opening Earnest Money Deposit (EMD) Rs. 3.20 Lakhs or USD 5300/- Preferred Completion period 12 Months from date of LOI

M/s National Fertilizer Limited (NFL) Vijaipur owns and operates two Ammonia plant of re-assessed capacity of 1520 MTPD and four (4) streams of Urea plant each having a re-assessed capacity of 1310 MTPD at NFL, Vijaipur. The plants are located in Guna District of MP state. NFL has revamped its plants recently enhancing the capacity of existing Ammonia-I and Ammonia-II plants from 1520 MTPD to 1750 MTPD and 1864 M TPD respectively and t hat of Urea plant from 2x1310 MTPD(U-I) to 2x1515 MTPD (U-I) and 2x1310 MTPD(U-II) to 2X1615.5 MTPD(U-II). NFL further intends to install new cooling water pumps (one no. each) in Ammonia-II and U rea-II plants along with all related piping and al lied civil works to meet cooling water requirements for operation of plants at higher loads.

In this composite Supply cum Erection enquiry, National Fertilizers Limited, Vijaipur invites sealed Bids for supply of the following items.

NATIONAL FERTILIZERS LIMITED (A Govt. of India Undertaking)

Vijaipur, Distt.- GUNA (MP) - 47311

Fax: 07544 - 273089, 273109

SL. NO.

DESCRIPTION QUANTITY

1. Supply and installation of Cooling tower pumps including piping and allied civil works along with spares.

No. of cooling water pumps :

Ammonia-II plant – 1 no. (Capacity – 3500 M3/hr)

Urea-II plant – 1 no. (Capacity – 3500 M3/hr)

Scope:-

Procurement and supply of new cooling water pumps and motors including piping, valves, related electrical & instrument items and other materials whatever deemed necessary for Civil, mechanical, electrical & instrumentation work,

Pre-fabrication and Fabrication of cooling tower piping, structures at shop/site as required, loading, unloading & transportation, storage at site, assembly,

Civil construction work for pump foundations, supports and ot her allied civil works (including demolition and r e-storation of exiting construction).

Erection of pumps & motors, pipings (underground and abov e ground), supports, electrical & instrumentation system etc.

Inspection, testing, painting, statutory approvals, calibration etc.

Pre-commissioning, commissioning, trial runs and guarantee tests

As per Technical Specifications & Scope of supply along with attachments as referred therein.

For preparation and submission of Bids, evaluation and comparison of Bids, kindly see the commercial documents.

1. Following enclosed documents shall form part of Invitation To Bid : i) Part-1 - Commercial Documents ii) Part-2 - Technical Specifications

2. The bid shall be submitted in three separate sealed envelopes super-scribed with the ITB no. and

the bid closing date containing the following:

First Envelope - Bid security in favour of NFL for the value stated above along with documents related with Pre-qualification criteria.

Second Envelope- One original + five copies of the technical bid. One original + five copies of the commercial un-priced bid. Third Envelope - One original + two copies of the priced commercial bid.

First Envelope containing the EMD and Pre-Qualification documents will be opened before opening of Second Envelope (Part-II). The opening of Part- II is dependent on the acceptance of the EMD with respect to EMD amount, whether original EMD is enclosed and validity of the Bank Guarantee or Demand Draft as the case may be and meeting the Pre-qualification Criteria. The bid security as stated above shall be submitted in a cover to be enclosed in envelope 1 of the bid. The bid security shall be in favour of NFL. A Bid Security can be in the form of a Demand draft in favour of National Fertilisers Limited, payable at STATE BANK OF INDIA, BAVRIKHERA (Branch

Code-08455) or a Bank Guarantee to be issued by any Nationalized / Scheduled Bank in India but not a Co-operative bank as per pro-forma given in Attachment-V of this document valid for a period of bid validity of 120 days from the bid closing date plus 6 Months claim period. Bids received incomplete/late/unsolicited/without the bid securities shall be considered non-responsive and shall be rejected outright.

3. The offer will be sent directly to NFL as per the address given here under: Dy. General Manager (TS) National Fertilizers Limited, Vijaipur, Distt.- Guna (M.P.) PIN- 473111, INDIA

4. Bidders are required to go through the documents thoroughly and ensure submission of his bid in time. It may be noted that bid documents are non-transferable.

5. Bidders are requested to submit their prices in price schedule for following three cases, in separate three envelopes of Price Bid indicating the option on the cover of each envelope:

A. Considering merit duty (full applicable custom duty).

B. Considering Concessional duty – based on m odernization/renovation of existing fertilizer plant under customs Notification.

C. Considering Project import/deemed export benefit. 6. The bidder must enclose the following document along with the Technical BID and other required

details in the offer: a. Commercial Summary of Terms and Conditions b. Unpriced copy of price schedule indicating “Quoted/Not quoted ”against each head c. Time Schedule in the form of a Bar Chart indicating main activities. d. List of deviations if any e. Reference list of similar jobs done

7. Successful bidders will be r equired to submit documents / drawings to NFL for comments and approval.

8. It is preferred that Bidder should visit to M/s NFL, Vijaipur plant site for assessment and quantum of work involved including Hook-ups and f acilities available at site at their own cost without any commercial implications to Owner before submitting the techno-commercial bid. General layout plan of NFL, Vijaipur site is attached indicating job requirement as per scope of work.

9. Wherever the terms and conditions in special Conditions of Contract are at variance with General conditions of contract and any provision of Contract elsewhere, special Conditions of contract shall prevail.

10. The Bidders must take note of current Finance Bill and EXIM Policy while bidding. 11. Please furnish two valid Email IDs for further communication. 12. The price bid opening date and time shall be communicated later on to the bidders who shall qualify

for the price bid opening. 13. Please acknowledge the receipt of bid document and confirm by return fax/mail that you will submit

bid. In case you will not submit bid please do send a regret letter and return the bid documents.

Please acknowledge receipt and respond per return mail and submit bid to undersigned within the due date.

For & on behalf of

National Fertilizers Limited, S.N. Sinha, Deputy General Manager (TS)

PRE-QUALIFICATION CRITERIA FOR INSTALLATION OF COOLING WATER

PUMPS AND PIPING

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PRE-QUALIFICATION CRITERIA

Name of Work

Value of satisfactorily completed works

Last three years

Average yearly

financial turnover not

less than (Rs. in Crores)

Liquid Assets &

Credit facility or Working

capital not less than (Rs. in Crores)

Preferred Time of completion

Installation of New Cooling water pumps along with piping and allied civil works.

Single work of not less than Rs. 5.12 crores or Two works of not less than Rs. 3.20 crores each or Three works of not less than Rs. 2.55 crores each.

2.00 2.00 12 months

Loading will be done for higher completion period

as mentioned in the commercial condition of

ITB .

1.1 The Bidder should have satisfactorily completed similar works of value stated under column -

2 of above table during the last 7 years ending last day of the month of 30th June’ 2013. For this purpose, “cost of work” shall mean Gross value of the completed work including the cost of materials, if any supplied by the Bidder.

Bidders to enclose the following document as evidence of the above experience criteria ; 1) copy of work order giving details of scope of work. 2) completion certificate issued by the engineer in charge/owner indicating value of

work completed and date of completion. The similar works means “job including Engineering, Procurement, Supply and Erection of Equipments & Machinery, Piping, Electrical & instrument systems” in an Oil, Petrochemical, Fertilizer plant on supply cum erection basis for the values stated above.

1.2 The Bidder should have had average annual financial turnover of value stated in the table

above on construction works during last three years ending 31st March, 2013. 1.3 The Bidder should be a profit-making firm and should not have made losses during last three

years ending 31st March, 2013. 1.4 The Bidder should have Liquid Assets/Credit facility or total of both of value not less than the

value stated in table above. Bidders will furnish the audited balance sheet of the company for the last three successive years in support of above.

1.5 The credit facility of the Bidder is to be certified by his Bankers. 1.6 Other Desired Information.

1.6.1 The Bidder/Contractor should have own construction equipments required for the proper and timely execution of the works. Such list of equipments shall be attached along with the bid.

1.6.2 The Bidder should have sufficient number of technical hands and adm inistrative employees for the proper execution of Contract. The Bidder shall submit a l ist of these employees stating clearly how they would be involved in this work.


PUMPS AND PIPING

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1.6.3 Reference list of work orders executed by the Bidder during preceding five ( 5) years and in hand .

Note :- 1) Bidder shall provide all information related to Pre-qualification criteria along with EMD

in First Envelope. 2) Evaluation shall be done on the basis of documents provided along with the bid. 3) Bidders not complying to the Pre-qualification criteria (point No 1) will be disqualified.


PUMPS AND PIPING

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FORMAT FOR PRE-QUALIFICATION CRITERIA (To be filled and submitted along with the PQ documents duly signed and stamped)

Sr no Description Requirement Remarks

1 Reference of minimum one satisfactorily completed similar works during the last 7 years as per clause 1.1 of PQ criteria

Submit the copies of PO/WO and their completion certificate issued by customer as per clause no 1.1 of PQ criteria

Yes/No

2 The bidders should have sufficient experience of executing similar work i.e., Single work costing not less than Rs. 5.12 crores or Two works costing not less than Rs. 3.20 crores each or Three works costing not less than Rs. 2.55 crores each

Submit documentary evidence in support of the same.

Yes/No

3 Last three years Average yearly financial turnover (not less than Rs. 2.0 Crores) as per clause 1.3 of PQ

Submit the copies of Audited balance sheet for the last three successive years prior to bid submission date.

Yes/No

4 Bidder to confirm that the firm has not made losses in last three years ending 31.03.2013 as per clause 1.4 of PQ

Attach copies of Audited balance sheet for the last three successive years

Yes/No

5 Working capital (not less than Rs. 2.0 Crores) as per clause no-1.5 of PQ

Submit latest Solvency certificate from Bank

Yes/No

6 Bidder to confirm that the firm has not been black listed by any PSU / Government agency in present or past

Submit an affidavit on non-judicial stamp paper of Rs. 10 duly signed by notary

Yes/ No

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INSTRUCTION TO BIDDERS DOCUMENT NO REV ATTACHMENT- I SHEET 1 OF 26

INSTALLATION OF

COOLING WATER PUMPS ALONG WITH PIPING AND ALLIED CIVIL WORKS

AT NFL VIJAIPUR

INSTRUCTIONS TO BIDDERS

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INSTRUCTION TO BIDDERS DOCUMENT NO REV ATTACHMENT- I SHEET 2 OF 26

TABLE OF CONTENTS

SL.NO DESCRIPTION PAGE

1.0 COST OF BIDDING ............................................................................................... 3 2.0 BIDDING DOCUMENTS ....................................................................................... 3 3.0 CLARIFICATION OF BIDDING DOCUMENTS ................................................. 3 4.0 AMENDMENT OF BIDDING DOCUMENTS ..................................................... 3 5.0 LANGUAGE OF BID .............................................................................................. 3 6.0 ORIGIN OF GOODS AND SERVICES ............................................................... 4 7.0 DOCUMENTS COMPRISING THE BID ............................................................. 4 8.0 BID FORM ............................................................................................................... 7 9.0 BID PRICE .............................................................................................................. 7 10.0 BID CURRENCIES ................................................................................................ 9 11.0 DOCUMENTS ESTABLISHING BIDDER’S QUALIFICATIONS .................. 10 12.0 DOCUMENTS ESTABLISHING CONFORMITY OF GOODS TO BIDDING

DOCUMENTS………………………………… .......................................... ...10 13.0 BID SECURITY .................................................................................................... 11 14.0 PERIOD OF VALIDITY OF BIDS ...................................................................... 11 15.0 FORMAT AND SIGNING OF BID ..................................................................... 12 16.0 SEALING AND MARKING OF BIDS ................................................................. 12 17.0 LATE BIDS ............................................................................................................ 13 18.0 MODIFICATIONS AND WITHDRAWAL OF BIDS ......................................... 13 19.0 OPENING AND CLARIFICATION OF BIDS .................................................... 13 20.0 PRELIMINARY EXAMINATION ......................................................................... 14 21.0 CONVERSION INTO SINGLE CURRENCY ................................................... 14 22.0 EVALUATION AND COMPARISON OF BIDS ................................................ 14 23.0 TERMS OF PAYMENT ....................................................................................... 22 24.0 ADVANCE PAYMENT AGAINST BANK GUARANTEE ................................ 23 25.0 CONTACTING THE OWNER /CONSULTANT ............................................... 23 26.0 RIGHT TO CHOOSE THE ALTERNATIVE BID ............................................. 23 27.0 ACCEPTANCE OF ANY BID AND REJECTION OF ANY OR ALL BIDS .. 24 28.0 NOTIFICATION OF AWARD OF ORDER ....................................................... 24 29.0 SIGNING OF CONTRACT / PURCHASE ORDER ....................................... 24 30.0 SECURITY CUM PERFORMANCE GUARANTEE ........................................ 24 31.0 DELIVERY ............................................................................................................. 25 32.0 EXCEPTIONS ....................................................................................................... 25 33.0 BIDDER’S DATA .................................................................................................. 26

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INSTRUCTION TO BIDDERS DOCUMENT NO REV ATTACHMENT – I SHEET 3 OF 26

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1.0 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of the Bid, and National Fertilizers Limited (hereafter referred to as NFL or Owner) will, in no c ase, is responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

2.0 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 c onsidered to be r ead, understood and accepted by the Bidder, unless deviations are specifically stated, in seriatim, by the Bidder. Failure to furnish all information required by the Bidding Documents or submission of a Bid not substantially responsive to the Bidding Documents in any respect will be at Bidder’s risk and may result in the rejection of the Bid. However, Alternative Bid from the Bidder can be considered by Ownerprovided the base Bid is in conformity with the Bidding Documents.

3.0 CLARIFICATION OF BIDDING DOCUMENTS A prospective Bidder requiring any clarification shall obtain the same from

Consultant’s / Owner’s office in writing by e-mail / fax or by letter or in person so as to ensure submission of Bid on or before Bid Closing date. Consultant / Owner will respond in writing to such queries within one week from the receipt of such clarification letter date.

4.0 AMENDMENT OF BIDDING DOCUMENTS 4.1 At any time prior to the Due Date for submission of Bids, the Owner / Consultant, for

any reason, whether at their own initiative or in response to a clarification requested by a prospective Bidder, may modify the Bidding Documents by amendment thereto.

4.2 The amendment will be notified in writing by letter or by e-mail / fax to all prospective

Bidders, who have received the Bidding Documents, and will be binding on them. 4.3 In order to afford prospective Bidders reasonable time in which to take the

amendment into account in preparing their Bids, the Ownermay, at their discretion, extend the Due Date for the submission of Bids.

4.4 The Ownermay, at their discretion, extend the Due Date for the submission of Bids

by amending the Bidding Documents in accordance with articles 4.1 to 4.3 above, in which case all rights and obligations of the Ownerand Bidders previously subject to the Due Date will thereafter be subject to the Due Date as extended.

5.0 LANGUAGE OF BID

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5.1 The Bid prepared by the Bidder and al l correspondence/drawings and documents relating to the Bid exchanged between the Bidder and the Owner shall be written in English language only. T he Bids submitted in any other language, other than English, shall be summarily rejected. However, any printed literature furnished by Bidder if written in another language shall be accompanied by an English translation.

5.2 The metric measurement system shall be applied for weights and dimensions other

than pipes and piping connections. All piping materials including but not limited to pipes, flanges, fittings, valves etc., shall conform to ANSI / ASA dimensional requirements.

6.0 ORIGIN OF GOODS AND SERVICES 6.1 For purpose of this article ‘origin’ means the place where the Goods are mined,

grown or produced or from which the ancillary services are supplied. G oods are produced through manufacturing, processing or substantial and major assembling of components; a commercially recognized product results that is substantially different in basic characteristics in purpose or utility from its components.

6.2 The origin of Goods and Services is distinct from the nationality of the Bidder. 6.3 The Bidder shall furnish the following declaration as part of the Bid, ‘I, undersigned,

hereby certify that the offered Goods will be pr oduced in ___________________ (name of the country/ countries) in the event of an order.

7.0 DOCUMENTS COMPRISING THE BID 7.1 The Bid prepared by the Bidder shall comprise of the following components:

a) Bid form and a price schedule completed in accordance with articles 8, 9 and 10.

Documentary evidence established in accordance with Article 11 that the Bidder is qualified to perform the contract if the Bid is accepted.

c) Documentary evidence established in accordance with Article 12 that the Goods

and ancillary Services to be supplied by the Bidder conform to the Bidding Documents and

d) Bid Security furnished in accordance with Article 13.

7.2 The Bid submitted shall contain three parts. Part-I Bid Security & PQ Documents

Part-II Technical & Un-Priced Commercial Bid and Part-III Priced Bid 7.2.1 Part-I - Bid Security The Bid shall be accompanied with a Bid Security as outlined in clause 13 below.

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The Bid Security along with PQ related documents and the signed Format for PQ

shall be s ubmitted in a s eparate cover to be enc losed in Envelope-1 for the Bid. The Envelope containing the Bid Security will be opened bef ore Part-II will be opened. The opening of Part-II is dependent on the acceptance of the Bid Security with respect to Security amount, whether original Bid Security is enclosed and meeting the PQ criteria, etc.

7.2.2. Part-II - Technical & Un-Priced Commercial Bid

Part-II in separate sealed Envelope-2 should cover the Technical Bid and the Un-Priced Commercial Bid as follows: -

7.2.2.1 Technical Bid shall include/indicate the following to the extent applicable:

a) ITB No.____________________ due date: ____________________

b) Documentary evidence establishing that the Goods and ancillary Services to be supplied by the Bidder conform to the Bidding Documents.

c) Complete Scope of Supply supported by Drawings, Documents, brochures,

standards, catalogues, etc. as applicable.

d) List of spare parts for: i) Erection and commissioning period ii) Two years’ operation and maintenance

Should a preliminary spare parts list be at tached to the Technical specifications, the same shall be quoted as complement to the above.

e) List of special maintenance tools and m aterials, lubrication schedules,

whenever required.

f) Layout Drawings and sketches with (approximate) dimensions of equipment and indication of limits of Supply.

g) Bidder shall state the names of the sub-manufacturers proposed for every

equipment /item and m aterials which is not of his own manufacture and establish that Bidder is duly authorised by the manufacturer to Supply such Goods in India.

h) Bidder should certify that he would give shop Drawings of spare parts and

also main equipment to enable repair and m aintenance after installation at site. Reproducible of ‘as built’ Drawings shall be furnished.

i) Nature of maintenance assistance available / offered by Bidder.

j) Nature of erection and commissioning assistance offered by Bidder.

k) Delivery schedule and place of manufacture / delivery.

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l) Manufacturer’s schedule: A brief statement of the activities and time

estimation leading to quoted delivery separately for each category of equipment, e.g. procurement of raw materials, fabrication, Inspection, testing schedule etc. justifying the quoted delivery.

m) Reference List of customers using similar equipment supplied by the Bidder

including civil work during last 7 y ears with complete technical details and Performance status.

n) Complete Data Sheets.

o) Information on s hipping weights and c ubage (length, width, height) with

special attention to heavy and oversize packages and any other limiting factor which requires special attention during transportation.

p) Deviation from Owner’s/Consultant’s specifications and Technical conditions,

(if any).

q) Training facilities offered. r) Bidder shall submit the documents regarding PAN, Income Tax Clearance

Certificates, Service Tax registration, PF registration etc.

7.2.2.2 Un-Priced Commercial Bid shall indicate the following

a) Terms of payment

b) Confirmation, that firm prices have been quoted.

c) Port of shipment/station of dispatch.

d) Statement that all taxes levied by the exporting country are included (In case of Foreign Bids).

e) Acceptance of General Conditions of Contract / Purchase /Contract or

deviations/exceptions, if any, in seriatim.

f) Terms and conditions for deputing engineers and technicians.

g) Confirmation, that validity of Bid is for 120 days from Bid closure date.

h) Escalation formula for pricing future Contract / Purchases of spares valid for 10 years after the delivery.

i) Name of Bankers and important terms of letter of credit in case of Foreign

Bidders.

j) Indian bidder shall quote the delivery period for both Ex FOT works as well as FOT site destination basis by road only.

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k) Summary of terms and conditions as per Format B-2 & C-2 l) Statement regarding expiry date of labour contracts at the Bidder’s

manufacturing works.

m) Certified Financial Statements / Annual Accounts for the last 3 (three) years and organization chart.

n) Country of origin of Goods and Services

o) Confirmation on acceptance of part order.

p) Copy of the Priced Bid with prices blanked and bid form.

q) Completion period from the date of issuance of Notification of Award by Fax /

Letter of Intent. r) Any other information required as per commercial part of ITB.

7.2.3 Part-III - Priced Bid Part-III in a separate sealed Envelope-3 should cover the Bid price and other related

costs in accordance with Article 9 and appropriate Price schedule.

8.0 BID FORM Bidder shall complete the Bid form and the appropriate price schedule furnished in

the Bidding Documents as per the attachment IV, indicating for the Goods to be supplied, a brief description of the Goods, their country of origin, quantity and prices.

9.0 BID PRICE 9.1 The Bidders shall complete the appropriate Price Schedule Form as attached to

these Documents. The price schedule is bifurcated into two parts viz (1) Supply of Materials and (2) Services and two separate orders shall be placed for Supply and Services. However, the bidder shall be responsible for complete Supply , erection , commissioning till handing over of all items covered under this enquiry.

9.2 Foreign Bidder 9.2.1 The foreign Bidders shall quote the price on duly commissioned plant at site basis as

per Price Schedule showing separately (1) Supply of Materials and (2) Services The price schedule shall indicate the FOB price, Ocean/Air freight and t he Insurance Charges as per the Price Schedule. The FOB prices shall include all duties and taxes paid or payable in the country of origin on t he Goods offered up t o the loading of goods on vessel at the port of embarkation..

9.3 Indian Bidder

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9.3.1 The Indian Bidders shall quote the price FOT WORKS for the Indian Shop, duly packed, and on FOT Site basis as per price schedule showing separately 1) Supply of Materials and ( 2) Services. Such prices shall include duties and taxes paid or payable on raw materials and components incorporated or to be incorporated in the Goods offered.

9.3.2 I ndian Bidder must quote separately his price and time for transportation of the materials to Vijaipur site respectively.

9.4 The following information wherever applicable is to be s ubmitted in a s eparate

schedule.

a) Indian taxes and duties such as excise, sales tax etc. for the Goods offered by Indian Bidders.

b) Packing, Forwarding and Loading charges should be i ncluded in FOT Ex-

works price for Indian Bidders. c) Item wise prices for recommended spare parts separately for Two years’

Operation and Maintenance Spares . SPARES FOR COMMISSIONING ARE INCLUDED IN THE VENDOR’S SCOPE .

d) Agency commission included for Indian agent, if any. e) Per Diem rates for deputing Engineers and Technicians. f) Fee / charges payable for Inspection by LRIS/ BVIS/ TUV/ PDIL as third party

Inspection agency as required by Owner / Consultant.

Third party Inspection for Foreign Bidders shall be by Lloyds Register / Bureau Verities / TUV and should be indicated on percentage basis of base price.

g) Bidder’s cost of site assembly, pre-commissioning and commissioning until acceptance as per Technical specifications wherever applicable.

9.5 a. The break up of price components indicated by the Bidder in the price schedule

will be solely for the purpose of facilitating the comparison of Bids by the Owner and will not in any way limit the Owner’s /Consultant’s right to contract on different terms . .

b. Indian Vendors shall provide the details of imported items and value of imported

components in their bids. Accordingly, Indian Vendors should quote their prices for following options: A. Considering merit duty (full applicable custom duty) B. C onsidering Concessional duty – based on m odernization/renovation of

existing fertilizer plant under customs Notification

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(Owner shall apply to concerned Government authorities for applicability of concessional duty benefit and this option shall be c onsidered in case Government of India notifies these projects under concessional custom duty).

Note for B: Contractor shall note that for getting concessional duty benefit, Owner shall provide Project Authority Certificate. All other formalities of concerned statutory authorities including Contract Registration, finalisation and r econciliation with custom authorities shall be completed by the Contractor at their own cost.

Owner’s responsibility for B shall be limited to: a) Attestation of list of goods of imported items by Department of Fertilizers. b) Issue of Notification by Government of India notifying these projects under

concessional custom duty.

However, on the date of price bid opening only one Price Bid as per status on that day shall be opened.

9.6 Fixed Price 9.6.1 Prices quoted by the Bidder shall be f ixed and not subject to any escalation

whatsoever during the period of Bid validity and ex ecution of the Contract / Purchase Order. A Bid submitted with an adjustable price may be t reated as non-responsive and rejected.

9.6.2 Prices shall be w ritten in both Words and F igures. In the event of difference, the

prices in words shall be valid and binding. Unit prices shall be considered correct in the event of any discrepancy with regard to the total price.

9.6.3. Shipping terms referred to herein can be g overned by the ‘Revised American

Foreign Trade Definitions - 1941’ which is applicable to equipment and m aterials supplied from US only. Equipment and materials to be s upplied from all other sources will be governed by the definitions of “INCOTERMS-2000”. If Goods must be lightered to a vessel’s side, which is loading in the stream (often peculiar to Japan and N ew York harbours), such lighterage costs shall be to the account of Bidder.

9.6.4 Bidder will also be responsible for obtaining shipping clearance to the port of

shipment.

10.0 BID CURRENCIES

10.1 Indian bidders shall quote in Indian Currency or any tradable currency. However, payment shall be m ade in Indian currency based on ex change rate prevalent on contracted date of delivery or actual date of delivery which ever is earlier, unless FOREX remittance is otherwise permissible under Foreign Exchange Remittance guidelines.

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10.2 Foreign Bidders may submit Bid in their Home currencies and/or in Euro and/or in US Dollar and/or Indian Rupees or US dollars. Payment shall be m ade in the currencies and in the amounts in which the Bid prices have been stated.

11.0 DOCUMENTS ESTABLISHING BIDDER’S QUALIFICATIONS 11.1 Pursuant to Article 7 t he Bidder shall furnish, as part of the Bid, Documents

establishing the Bidder’s qualifications to perform the contract, if the Bid is accepted. 11.2 The documentary evidence of the Bidder’s qualifications to perform the contract, if

the Bid is accepted, shall establish to the Owner’s satisfaction.

a) that, in case of a B idder offering to Supply Goods under the order which Goods the Bidders does not manufacture or otherwise produce, the Bidder has been duly authorised by the Goods’ manufacturer or producer to Supply the Goods in Owner’s country, India.

b) that, the Bidder has the financial capacity necessary to perform the contract

in the form of a Certificate from their Bankers.

c) that, in the case of a Bidder not doing business within the Owner’s country, India, the Bidder is or will (if successful) be represented by an agent in India equipped and able to carry out the supplies, maintenance, repair and spare parts stocking obligations prescribed by the conditions of Contract / Purchase and/or Technical specifications.

12.0 DOCUMENTS ESTABLISHING CONFORMITY OF GOODS TO BIDDING DOCUMENTS

12.1 Pursuant to Article 7, the Bidder shall furnish, as part of the Bid, Documents

establishing conformity to the Bidding Documents of all Goods and Services which the Bidder proposes to Supply under the conditions of Contract / Purchase /contracts.

12.2 The documentary evidence of the conformity of Goods and Services to the Bidding

Documents may be i n the form of literature, Drawings and Data. Bidder shall furnish:

a) Detailed description of the essential Technical and P erformance

characteristics of the Goods.

b) A list, giving full particulars including available sources and current prices of all spare parts, special tools etc., necessary for the proper and c ontinuous functioning of the Goods for a period of two years following commencement of the use of Goods by the Owner; and

c) Clause-by-clause comments on t he Owner’s/Consultant’s Technical

specifications demonstrating the substantial responsiveness of the Goods and Services to those specifications or a statement of exceptions to the provisions of the Technical specifications.

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12.3 For purpose of the comments to be furnished pursuant to article 12.2 (c) above, the Bidder shall note that standards for workmanship, material and eq uipment and reference to brand names or catalogue numbers, designated by the Owner in his Technical specifications are intended to be descriptive only and not restrictive.

The Bidder may substitute alternative standards, brand names and/ or catalogue

numbers in his Bid provided that he demonstrates to the satisfaction of Owner that the substitutions are substantially equivalent or superior to those designated in the Technical specifications.

13.0 BID SECURITY 13.1 The Bidder shall furnish, as part of his Bid, one Bid Security in the form of a Bank

Guarantee, issued by a Nationalised Indian Bank or by an overseas branch of any Scheduled Indian bank for foreign bidder.. In case a foreign bank issues, the same shall be c ounter guaranteed by a Scheduled Indian bank except rural and cooperative bank.. The Bid Security shall be i n favour of the National Fertilisers Limited. The amount shall be as indicated in the body of ITB. The Bid Security shall be furnished in the currency in which the Bid Price is quoted or in US dollars or in Euros. The Bank Guarantee shall be in the form, which is attached at Attachment V. A Bid Security can be in the form of a demand draft in favour of National Fertilisers Limited payable at Delhi.

13.2 Any Bid other than that mentioned in article above not accompanied with the Bid

Security may be rejected by the Owner as non-responsive. 13.3 The Bid securities will be r eturned to the unsuccessful Bidders on ac ceptance of

one of the invited Bids or when the Bid is cancelled by Owner. 13.4 The successful Bidder’s Security will be discharged upon the Bidder accepting the

Contract / Purchase Order and f urnishing the Performance Security required by each Contract / Purchase Order.

13.5 A Bid Security may be f orfeited without prejudice to any other right or remedy of

Contract / Purchaser:

a) If a Bidder withdraws his Bid during the period of Bid validity specified by the Bidder on the Bid forms; or

b) In the case of successful Bidder, if the Bidder fails:

i) To sign the Contract / Purchase Order in accordance with article 29, or ii) To furnish Performance Security in accordance with article 30

14.0 PERIOD OF VALIDITY OF BIDS 14.1 Bids shall be kept valid for at least 120 days from the Bid closure date. A Bid valid for

shorter period may be rejected by the Owner as non-responsive. 14.2 In exceptional circumstances, the Owner may solicit the Bidder’s consent to an

extension of the period of validity. The request and the responses thereto shall be

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made in writing or by fax / email. A Bidder having been granted the request, will neither be required nor permitted to alter the Bid.

15.0 FORMAT AND SIGNING OF BID

15.1 The Bidder shall submit six (1 originals + 5 copies) sets of the Bid clearly marking each “Original Bid” and “ Copy of Bid”, as appropriate. In the event of any discrepancies between them, the original shall govern.

15.2 The originals and al l copies of the Bid shall be typed or written in indelible ink and

shall be signed by the Bidder. The person or persons signing the Bid shall initial all pages of the Bid, except for un-amended printed literature.

15.3 The Bid shall contain no interlineations, erasures or overwriting except as necessary

to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the Bid.

16.0 SEALING AND MARKING OF BIDS 16.1 The Bidders shall submit the offer in three inner Envelopes as indicated below which

shall be sealed in one outer Envelope:

(1) Envelope-1

The first inner Envelope shall contain the Bid Security as required and documents relate with Pre-qualification of bidder and shall be super-scribed with ” (BID PART-I - BID SECURITY & PRE-QUALIFICATION DOCUMENTS) and ITB NO.......... Due Date __

(2) Envelope-2

The second inner Envelope shall contain all the copies of the Technical Bid together with the Un-Priced Commercial Bid. This Envelope shall be c learly super-scribed with “( BID PART -II -TECHNICAL & UNPRICED COMMERCIAL BID) and ITB NO........ Due Date__________

(3) Envelope-3

The third inner Envelope shall contain all the copies of the common commercial Bid with price details. The cover shall be c learly marked (BID PART-III- PRICED BID) and ITB NO.........

16.2 The inner and outer Envelopes shall:

a) Be addressed to: DEPUTY GENERAL MANAGER (TS) NATIONAL FERTILIZERS LIMITED, VIJAIPUR, DISTT.-GUNA (MP) – 473111 INDIA

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b) Bear the title

“Installation of Additional Cooling Water pumps along with piping and allied civil works” ITB No.__________________, Bid Closing date:_____________-

and brief description of equipment and the words

“Do not open before ___________”.

c) Each Envelope or cover shall bear the name of the Bidder for easy reference and identification of the Envelope or cover for instance marked by Bidder’s company stamp.

d) The outer Envelope shall indicate the name and address of the Bidder to

enable the Bid to be returned unopened in case it is declared ‘LATE’. 16.3 If the outer Envelope is not sealed and marked as required by para. 16.2 above, the

Owner will assume no responsibility for the misplacement or premature opening of the Bid.

17.0 LATE BIDS Any Bid received by the Owner after the Due Date for submission of the Bids

prescribed by the Owner on the main body of the Invitation to Bid or any other date extended by Owner may be rejected.

18.0 MODIFICATIONS AND WITHDRAWAL OF BIDS

18.1 The Bidder may modify or withdraw the Bid after its submission, provided that written notice of the modifications or withdrawal is received by the Owner prior to the Due Date prescribed for submission of Bids.

18.2 A withdrawal notice may also be sent by e-mail / fax, but it has to be followed by a signed confirmation copy, post marked not later than the Due Date for submission of Bids.

18.3 No Bid shall be withdrawn in the interval between the Due Date for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Bid form.

19.0 OPENING AND CLARIFICATION OF BIDS

19.1 The Bids will be opened on t he date and t ime stipulated in the ITB. All advertised Bids will be opened publicly.

19.2 To assist in the examination, evaluation and comparison of Bids, the Owner may, at their discretion, ask the Bidder for any clarification of Bid.

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20.0 PRELIMINARY EXAMINATION 20.1 The Ownerwill examine the Bids to determine whether they are complete, whether

any computational errors have been made, whether the required Bid securities have been furnished, whether the Documents have been properly signed, whether validity of the Bid is in conformity with the ITB and whether the Bids are generally in order.

20.2 The prices should be written both in words and f igures and t hat in case of any

deviation, prices in words shall be valid and binding. In case of any error in totals indicated by Bidder, the unit prices shall be considered valid and binding on Bidder.

20.3 Prior to the detailed evaluation, the Owner will determine the substantial

responsiveness of each Bid with reference to the Bidding Documents. For the purpose of this article a substantially responsive Bid is one which conforms to all the terms and conditions of the Bidding Documents without material deviations. The Owner’s/Consultant’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself without recourse to extrinsic evidence.

20.4 A Bid determined as substantially non-responsive is liable to be r ejected by the

Owner and may not subsequently be made responsive by the Bidder by correction of the non-conformity.

20.5 The Owner may waive any minor informality or non-conformity or irregularity in a

Bid, which does not in their opinion, constitute a material deviation. 20.6 After a preliminary screening based on both Technical and Un-Priced Commercial

evaluation, Bidders will be s hort-listed. In the event that any clarifications are required, then such clarifications shall be obtained from such short-listed Bidders only. Based on the clarifications, the Technically acceptable Bidders may be permitted to submit a revised price or add on pr ice on their original quoted price, if any, (in a sealed cover) on a prefixed date and time which shall be communicated to the Bidder.

21.0 CONVERSION INTO SINGLE CURRENCY

All Bids, in whatever currencies they are, will be converted into Indian rupees (INR) for the purpose of evaluation. The rate of exchange used for such valuation will be based on T T Selling on a day prior to price bid opening as published in The Economic times/ website:xe.com. In case the same happens to be a Sunday/holiday, exchange rate one day prior to same shall be considered.

22.0 EVALUATION AND COMPARISON OF BIDS

22.1 The Owner will evaluate and compare only those Bids, which are determined to be

substantially responsive pursuant to Article 20. 22.2 The Owner’s/Consultant’s evaluation of a Bid shall be done on the basis of Cost as

completed at Vijaipur and take into account the following:

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i Base price of equipment, materials, civil work and er ection & commissioning work.

ii The cost of spare parts for erection & commissioning and recommended

maintenance spares for 2-years trouble free services. This cost will be added to the Equipment cost.

iii Differential Operating cost: Wherever applicable loading shall be done to take

care of the Performance and pr oductivity of equipment offered. In case Consumption of utilities are different for different Bidders, extra operating cost over the minimum one shall be calculated as follows:

Differential Operating cost = Difference in utilities Consumption x unit cost of utility x (330 x 24) x 0.95x 5.7223 x N

Where 330 x 24 is the number of operating hours in a year. 0.95 is availability factor

5.7223 is discount factor at an interest rate of PLR (presently 14.45+1%) per annum for fifteen years operational period.

N is the number of equipment items.

The unit cost of utilities will be as follows: a. Power (electric) : Rs. 3330 Per MWh b. Circulating Cooling Water : Rs. 0.857 Per M3 c. MP steam : Rs. 1275 Per MT. d. LP Steam : Rs. 1102 Per MT. e. D.M. Water : Rs. 16.1 Per M3

iv. Packing/Forwarding Charges:

Wherever Bidders are not indicating Packing and forwarding charges, their prices shall be loaded @ 2.0% Ex-Works prices or the maximum amount as quoted by any other Bidder whichever is higher.

v Interest Calculation against Mobilization Advance and Progressive Payment .

(a) Interest calculation against Mobilization Advance.

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Mobilization advance not exceeding 10% contract value may be considered only for Indian Bidders. Interest shall be calculated on mobilisation advance @SBI PLR+1% (presently SBI PLR is 14.45%),per Annum Sn.

Payment Terms Period of Loading

1. Advance against LOI/PO Full completion period + 30 days

(b) Interest calculation on progressive payment.

Interest per annum on Progressive payment shall be calculated @SBI PLR+1% (presently SBI PLR is 14.45%), asked by various Bidders on 85% of contract price for the following period: in case payment of interest is not agreed by vendors Sn. Payment Terms Period of Loading

1. Against submission of Drawing

Full completion period – one month

2. Against drawing approval

Full completion period - two months

3. Against placement of PO for raw material

a. If completion period < 8 months

Full completion period - two months

b. If completion period > 8 months

Full completion period - three months

4. Against Shipment of raw materials

Full completion period - five months

5. Against Receipt of raw materials

(Full completion period - four months) or six months, whichever is more.

6. Against dispatch of materials

6 a. Foreign Bidders Three months + Erection and commissioning period.

6 b. Indian Bidders Depending on t heir location and delivery conditions viz. Ex-works-One and half months FOR destination-one month

Plus Erection and commissioning period.

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7. Against Payment within 30 days as per ITB Nil

8. Payment for last 15% shall be made only after erection, commissioning and acceptance of the equipment.

Full completion period shall mean receipt of material at site and shall be the effective completion period as mentioned in Clause 22.2. (12).

vi. Calculation of CIF Price: To arrive at CIF prices of foreign bidders, FOB prices shall be l oaded as under:

Ocean Freight @ 3.00% of FOB value Marine Insurance @ 0.11% of FOB Value Port Handling Charges @ 1.00% of CIF Value

vii. Inland Transportation Charges

Inland transportation charges shall be c alculated as - upto 400 K ms @1% EXW Price; for 401 t o 800 k ms-@2% EXW Price & above 800 k ms @3% EXW Price for Indian and CIF price for Foreign bidders. All Indian parties are requested to quote EXW Price and freight charges up to Vijaipur Site, compulsorily. If all the parties have given freight charges up to site the same shall be c onsidered 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 prevailing freight charges. NFL’s decision on this regard shall be final and binding on these Bidders.

Viii Inland Insurance The Inland Insurance shall be calculated @0.05% of CIF price plus customs

duty for foreign bidders / For price in case of Indian Bidder.

ix. Custom Duty

Bids are invited from Contractors for this project with following three options:

A. Considering merit duty (full applicable custom duty) B. C onsidering Concessional duty – based on m odernization/renovation of

existing fertilizer plant under customs Notification

(Owner shall apply to concerned Government authorities for applicability of concessional duty benefit and this option shall be c onsidered in case Government of India notifies these projects under concessional custom duty).

Note for B:

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Contractor shall note that for getting concessional duty benefit, Owner shall provide Project Authority Certificate. All other formalities of concerned statutory authorities including Contract Registration, finalisation and r econciliation with custom authorities shall be completed by the Contractor at their own cost.

Owner’s responsibility for B shall be limited to:

a) Attestation of list of goods of imported items by Department of Fertilizers. b) Issue of Notification by Government of India notifying these projects under

concessional custom duty.

However, on the date of price bid opening only one Price Bid as per status on that day shall be opened.

x Taxes and Duties

As quoted by Bidders, otherwise as applicable. xi Loading On Account Of Higher Completion Period

(a) Wherever bidders have quoted completion period higher than the preferred completion period as indicated in the ITB, the loading shall be done @ 2% per month or part thereof on t otal installed cost for the excess period. No credit shall be given for early delivery period. The loading as mentioned at (a) shall not be applied in case the quoted delivery does not meet the project requirement and the bid shall not be qualified.

xii Calculation of Effective Completion Period

The enquiry provides the delivery to be c ounted from LOI. Wherever the Bidder does not agree to the above condition following criteria will be used for calculating the effective completion period for evaluation purpose:

Delivery basis as per Bidder offer

Loading in months to be added to quoted delivery

EXW basis for Foreign Bidders 0.50 months

On readiness for Inspection for Foreign Bidders

One month

From receipt of PO One month

From drawing approval Two months or time indicated for Submission of approval, whichever Is more.

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On receipt of Letter of Credit Two months

When the Bidders ask for grace period for applicability of damages, the same shall be added to the quoted delivery period.

The completion period computed on t he above basis shall be t aken as completion period for each Bidder for the purpose of evaluation.

xiii Price Reduction Due To Delay in completion

If deviation is noted in the quoted damages, the following loading criterion shall be adopted:

Quoted damages Loading Criterion -------------------- ---------------------

0.50% per week subject to a ceiling of No loading 5.00% of total order value (as per enquiry)

Reduction accepted on undelivered value 2.50% loading on total instead of total order value (as per enquiry) installed price

Non acceptance of damages 5.00% loading on total

Installed price

Liquidated Damages accepted in place of Price Reduction Clause 5.00% loading on total installed

Price xiv Loading on account of discrepant/variation in the Warranty period

Enquiry calls for Warranty period of 12 m onths from the date of commissioning or 24 months from the date of dispatch. Wherever the Bidder quoted reduced Warranty period, the following loading criterion shall be adopted:

Warranty Period Loading as % of total contract Price

-------------------- --------------------------------------------- Less than 24 months from 10% x (24- quoted Warranty in months)/ 24 Date of dispatch

In case bidder quotes lower % of Performance Bank Guarantee (PBG) and the same is acceptable, warranty period remaining same, price shall be loaded as follows:

PBG amount loading as % of total contract Price -------------------- --------------------------------------------- Less than 10% (10 – quoted percentage of total contract Price)

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If the sum of loading under 22.2 xiv is more than 10% of total landed Price, then the loading shall be limited to 10%

xv. Any clarification / confirmation having negative price implications received

from Bidder after price Bid opening shall be c onsidered only for ordering purposes and not for evaluation purposes. However, clarification/confirmations having additional price implication shall be considered for evaluation purpose.

xvi Discount

Any conditional discount given by the Bidder such as minimum order value on certain group of items etc. is not to be c onsidered for evaluation purpose. However, conditional discount offered by Bidder on total order value will be considered if the evaluation of the enquiry is carried out for all items of the enquiry. For ordering purpose all such discounts shall be considered.

xvii Other Charges

Other charges, if any, such as documentation charges for providing extra sets of Drawings/ reproducible etc. shall be considered as under:

In case of item wise evaluation, the documentation charges quoted by the Bidder, will be loaded on each item. In other cases, it will be loaded on total cost.

xviii Third Party Inspection Charges

Wherever Bidders have not indicated third party Inspection charges, highest third party Inspection charges quoted by other Bidder shall be loaded for comparison purpose.

xix Offers of Foreign Bidders shall be loaded with the L/C charges wherever applicable. However, forward cover charges on exchange rate variation shall not be considered for evaluation, as it is a contingency.

xx No Mod-vat credit will be c onsidered for evaluation purposes but excise registration will be insisted upon.

xxi Contract / Purchase preference for products and services of Central Public Sector Undertakings enterprises will be allowed as per Government Circular No DPE/13(12)/2003-Fin-Vol.II dated 18/07/2005 for Contract / Purchase value of Rs 5.0 Crore but not exceeding 100.00 crore as and if applicable on the date of bid opening. However this Contract / Purchase preference to Public Enterprises shall be subjected to penalties for cost over run etc.

xxii Vendor should submit their bid strictly as per Price Bid format. NFL reserves the right to load the offer of the parties who have not indicated the details of component mentioned in price bid format with the highest rate quoted by other bidder for the particular component.

Xxiii Evaluation of bid shall be done on c omposite basis i.e. Supply portion plus Erection and Commissioning portion.

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22.3 The Owner’s/Consultant’s evaluation shall also take into account the following:

1. Bidder's experience in manufacturing similar equipment for similar duties and whether such equipment are in service and operating satisfactorily for a m inimum period to two years in plant installation of any project completed within the previous seven years at designed conditions. Bids not fulfilling this requirement may not be c onsidered technically acceptable.

2. Maintainability of supplied items and availability of maintenance

assistance/ support in India.

3. Bidder's financial stability.

4. The availability of spares parts, components and af ter-sales service in India.

5. Confirmation of the sub-Bidders that for future Supply of spare parts for

bought out items, the sub-Bidder shall Supply such spare parts directly to the owner, if so requested.

6. Technical quality (Efficiency, Reliability and Suitability).

7. Expiry date of Bidder's wage agreement with their worker's unions.

8. Bidder's quoting firm prices will be given preference over Bidder's prices

subject to escalation.

9. Guarantee delivery period as stipulated in the invitation to Bid.

10. Terms of payment.

11. Cost of spare parts for 2-year trouble free service.

12. Cost of Bidder assistance in erection and commissioning.

13. Cost of expediting and Inspection.

14. Bidders Guarantee (nature of warranties and Warranty period).

15. Compliance with Bid terms in respect of specifications, Drawings and Data Sheets.

16. Willingness to give shop Drawings of spare parts and main equipment.

17. Bidder's from Indian PSE's (Public Sector Enterprises) or Joint venture

with PSE's. .

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23.0 TERMS OF PAYMENT

23.1 Parties are required to submit Security cum Performance Bank Guarantee within 30 days of notification of award of order by Fax/LOI.

For Supplies:- - 85% together with all duties and t axes against stores receipt challan copy,

pro-rata for each consignment within 30 days of submission of invoices. - 15% on acceptance of plant duly commissioned and certified by the Owner

within 45 days of such certification. Erection and Commissioning: - 75% on running bills on pro-rata basis for work completed each month duly

certified by owners/consultant within 30 days of such certification.

- 10% on completion of erection work duly certified by owners/consultant within 30 days of such certification.

- 15% on acceptance of plant duly commissioned on c ertification by

owners/consultant within 45 days of such certification.

Deviation in payment terms w.r.t. Supplies shall be s ubjected to loading as per clause no. 22.2 v. However, no dev iation in payment terms w.r.t. Erection and Commissioning shall be considered.

23.2 Advance Payment /Progressive Payment

23.2.1 The preferred payment terms have been i ndicated above. However, mobilisation advance not exceeding 10% of contract amount may be c onsidered for Indian Bidders with interest at a flat rate of SBI PLR+1% (presently SBI PLR is 14.45%),per annum. Payment shall be made within 60 day s of receipt of the following Documents.

i) Contract / Purchase Order acceptance duly signed by Contractor /

Contractor / Supplier. ii) Performance Bank Guarantee for 10% of the Contract / Purchase Order

value in the form prescribed in Attachment V hereto. iii) Bank Guarantee equal to the amount of advance in the form prescribed in

Attachment V hereto. iv) Signed commercial Invoices.

23.2.2 Delay in payment of advance for any reasons shall not increase the agreed delivery

period.

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23.2.3 Progressive payment against milestone shall be considered only for a hi gh value Contract / Purchase Order and s hall however be ag ainst Bank Guarantee to be executed by the party for equal amount and shall be subject to interest of flat rate of SBI PLR+1% (presently SBI PLR is 14.45%),per annum

23.2.4 In case of Supply Cum Erection Contract, payment against milestone such as

receipt of materials at site shall be against hypothecation bonds. 23.4 All Bank charges of Contractor / Supplier’s Bankers shall be t o the Contractor /

Supplier’s account. 23.5 Dispatches after due delivery date with pre-determined damages as per provisions of

article 23.1 of the General Conditions of Contract / Purchase shall be made only after written approval of Owner which may be accorded at Owner’s/consultant’s discretion in exercise of options available under aforesaid article 23 of the General Conditions of Contract / Purchase.

23.6 Payments shall be m ade in the currencies and am ounts stated in the Contract /

Purchase Order.

24.0 ADVANCE PAYMENT AGAINST BANK GUARANTEE

24.1 In the event that the terms of payments in the Contract / Purchase Order stipulate payment of advance, Bidder shall furnish a Bank Guarantee on stamp paper of Rs. 100/- (Rs. One hundred only) for the amount to be pai d in advance, as per pro-forma enclosed issued by or counter-guaranteed by any nationalised Bank. Such advances shall bear interest at a f lat rate of @SBI PLR+1% (presently SBI PLR is 14.45%), per annum. The charges for confirmation, if any, will be to the Contractor / Supplier’s account. The Bank Guarantees shall have a validity period upto 180 days from the date of delivery stated in the Contract / Purchase Order. The validity will be subject to extension should delays in delivery occur.

24.2 Advance payment to a Foreign Bidder may not be considered.

25.0 CONTACTING THE OWNER /CONSULTANT Any effort by a B idder to influence to Owner / Consultant in the Owner’s / Consultant’s Bid evaluation, Bid comparison or Contract / Purchase or der award decisions may result in the rejection of the Bidder’s Bid.

26.0 RIGHT TO CHOOSE THE ALTERNATIVE BID

26.1 Owner shall have the right to choose the Alternative Bid for award of order, and the

decision taken by Owner shall be final and binding on Bidder.

26.2 The Owner will determine to their satisfaction whether the Bidder selected is qualified in their opinion to satisfactorily perform the contract.

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26.3 The determination will take into account the Bidder’s financial, Technical and production capabilities. It will also be based on an examination of the documentary evidence submitted by the Bidder.

26.4 An affirmative determination will be a prerequisite for award of order to the Bidder. A

negative determination will result in rejection of the Bidder’s Bid. 26.5 Subject to article 20, the Owner will award the order to the successful Bidder, whose

Bid has been det ermined to be s ubstantially most responsive and has been determined as the lowest evaluated Bid after the final negotiations held with (if deemed necessary by Owner) the most competitive Bidders.

27.0 ACCEPTANCE OF ANY BID AND REJECTION OF ANY OR ALL BIDS Notwithstanding anything to the contrary contained herein, the Owner reserve the right to accept or reject any Bid, and t o annul the Bidding process and reject all Bids, at any time prior to award of Contract / Purchase Order, without thereby incurring any liability to the affected Bidder, or Bidders, or of any obligations to inform the affected Bidder, or Bidders of the grounds for the Owner’s/Consultant’s action.

28.0 NOTIFICATION OF AWARD OF ORDER 28.1 Prior to the expiration of the period of Bid validity or extension thereof, the Owner

will notify the successful Bidder by fax to be confirmed by post copy that the Bid has been accepted and t he fax above will constitute formation of the Contract / Purchase Order. The Notification of award shall be done separately for Supply and Services.

28.2 The successful Bidder on receipt of “Notification of Award of Order” which may be in

the form of Letter of Intent shall convey his acceptance by return fax and t o be confirmed by letter within 10 days.

28.3 Completion period / schedule shall be c ounted from the date of transmission of “Notification of Award of Order”.

29.0 SIGNING OF CONTRACT / PURCHASE ORDER

29.1 Owner will send three copies of the Contract / Purchase Order to the successful Bidder who, within 10 days of the receipt of the same, shall sign and return two copies to the Owneras a token of his unconditional acceptance failing which Ownerhas the right to cancel / withdraw the Contract / Purchase Order and forfeit the Bid Security.

30.0 SECURITY CUM PERFORMANCE GUARANTEE

30.1 Within 30 day s of Notification of Award of Order from the Owner, the successful Bidder shall furnish the Security cum Performance Guarantee in the form of Bank Guarantee issued or counter Guaranteed by any Nationalised Bank in accordance

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with the general conditions of Contract / Purchase or any other form acceptable to the Owner. The Bank Guarantee towards Security cum Performance shall be in the currency quoted by Bidder, or in US dollars or euros.

30.2 The Security cum Performance Guarantee in the form of Bank Guarantee shall be

for an amount equal to 10% of the Contract / Purchase Order value and shall be valid for the duration of the Contract / Purchase Order delivery period plus any defects-liability period, and shall be towards faithful Performance of the Contract / Purchase Order obligations by the Contractor / Supplier, and t o fulfil all the warranties and G uarantees. The Bank Guarantee shall be v alid to cover delivery period plus 12 months from the date of commissioning or 24 months from the date of dispatch whichever is earlier with a claim period of six ( 6) months over and above the validity The Bank Guarantee shall be i ssued or counter Guaranteed by a Nationalised Bank. The charges for confirmation, if any, will be t o Contractor / Supplier’s account. This Bank Guarantee shall be extended for a further period as stated at Article 9.4 of the General Conditions of Contract / Purchase to cover the defects-liability period.

30.3 Failure of the successful Bidder to comply with the requirements of article 29 or

article 30 shall constitute sufficient grounds for the annulment of the award in which event the Ownermay make the award to the other responsive Bidder or call for new Bids, without prejudice to Owner’s/Consultant’s right and r emedies as set forth in article 25 of general conditions of Contract / Purchase.

30.4 The non-judicial paper or equivalent document prevailing in the country of the Bidder shall have to be Contract / Purchase d in the name of the Bankers executing the Bank Guarantee and not in the name of the Bidders.

31.0 DELIVERY

31.1 The Bidders are required to quote their best delivery period for equipment under this enquiry.

31.2 Delays shall attract price reduction which shall be predetermined and mutually agreed for such delay. The application of such clause shall be notified to Contractor / Supplier.

32.0 EXCEPTIONS No exceptions are to be t aken by the Bidder to the Bid Documents including Technical specifications, general and s pecial conditions of Contract / Purchase. However, unavoidable exceptions, if any, both Technical and c ommercial, are required to be l isted and submitted separately, as per Attachment VI including the applicable cost and time in the priced commercial Bid.

Exceptions should be c learly stated in the Un-Priced Commercial Bid with a statement that cost implications for withdrawal have been g iven in the priced commercial Bid. Time implications of withdrawal of exceptions should be given in the Un-Priced Commercial Bid.

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Unless the exceptions are listed separately as explained above, the Owner will assume that the Bidder is complying with the Bid Documents, and no cognisance shall be given to any exceptions stated anywhere else in the Bidder’s offer.

33.0 Bidder’s Data

33.1 In addition to compilation of Documents/ Drawings/ Data required in the Technical specifications, Bidder’s Data, as noted on t he attached Bidder Data requirements form, are also to be furnished by the dates noted in the applicable column. Bidder is to comply with all “Instructions” detailed in this form. All Bidder Data are to be submitted to Owner / Consultant. Bidder Data shall be furnished in electronic form also.

33.2 Bidder shall incorporate Contract / Purchase Order number, requisition number(s), item number(s), item(s) description and tag number(s) on al l Bidder Data as called for on the attached form and any other Data required by applicable specifications pertaining to the Contract / Purchase Order.

33.3 The reproducible Drawings furnished by Bidder must be of top quality from which

legible and clearly defined prints can be obt ained. Drawings not meeting this requirement will be returned until acceptable reproducible are received. Installation, operation and m aintenance details, when called for on the attached Bidder Data requirements form, shall include instruction books, dimensional / sectional Drawings, recommended spare parts list and interchangeability, lubricant recommendation and complete parts list with detailed information for each part.

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GENERAL CONDITIONS OF PURCHASE DOCUMENT NO REV ATTACHMENT -II SHEET 1 OF 38

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INSTALLATION OF COOLING WATER PUMPS ALONG WITH PIPING AND ALLIED CIVIL WORKS

AT NFL VIJAIPUR

GENERAL CONDITIONS OF PURCHASE

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ATTACHMENT-II

GENERAL CONDITIONS OF CONTRACT 1.0 DEFINITIONS In this general condition of CONTRACT the following terms shall be i nterpreted as

indicated. 1.1 THE CONTRACT: shall means the agreement entered into between Owner and the

SUPPLIER, as recorded in the CONTRACT form, signed by the parties, including all Attachments and A nnexures thereto and al l documents incorporated by reference therein together with any subsequent modifications thereof in writing.

1.2 THE CONTRACT PRICE: shall mean the price payable to the SUPPLIER under

CONTRACT for the full and proper performance of his CONTRACTUAL obligations. 1.3 THE GOODS: shall means all of the equipment, machinery, and/or other materials

which the SUPPLIER is required to supply to the owner under the CONTRACT. 1.4 SERVICES: shall means supervision to installation, commissioning, provision of

technical assistance, training and other such obligations of the SUPPLIER covered under the CONTRACT.

1.5 OWNER: shall mean NATIONAL FERTILISER LIMITED having their corporate office

at A-11, Sector-24, Distt Gautam Budh Nagar, Noida, India and their registered office at Scope complex, Core III, 7 Institutional Area, Lodhi Road, Scope complex, New Delhi and shall include all their legal representatives, successors and assignees.

1.6 SUPPLIER OR VENDOR: shall mean the individual or firm supplying the goods and

services under the CONTRACT/ purchase order. 1.7 SUB CONTRACT: shall mean order placed by the SUPPLIER, for any portion of the

order or work, after necessary consent of Owner. 1.8 SUB CONTRACTOR: shall mean any person or persons or firm or their legal

representatives, successors, assignees to whom part of order has been sub-let by the SUPPLIER.

1.9 DELIVERY: if not specifically mentioned earlier or else where, the date shown on the bill

of lading, airway bill or railway receipt or lorry receipt(for Indian bidders only), as the case may be s hall be deem ed to be t he date of dispatch along with the invoices together with all other documentation as shall be specified in the conditions of the CONTRACT/ purchase order. In case of FOR destination, CONTRACT/ purchase order delivery date shall be the date of receipt of equipment at site.

1.10 SITE: Shall mean the plant location at Vijaipur, District Guna (Madhya Pradesh) India

for which this CONTRACT has been issued and where the equipment shall be erected.. 1.11 BATTERY LIMIT: shall mean the area within which plant/equipment are to be located.

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1.12 EQUIPMENT: Shall mean and i nclude any equipment, machinery, electrical, instruments, materials, stores, good to be pr ovided for under this CONTRACT and amendments thereto.

1.13 PLANT: Shall mean entire assembly of the equipment within specified battery limit. 1.14 DRAWINGS: Shall mean and include engineering drawings, sketches showing plants,

sections and el evations related to the CONTRACT together with modifications and/or revisions thereto.

1.15 SPECIFICATIONS: Shall mean and i nclude schedules, detailed description, and

statement of technical data, performance characteristics, standards (Indian as well as international) as applicable and specified in the CONTRACT.

1.16 ENGINEER: Shall mean the engineer or executive-in-charge at site nominated by

Owner. 1.17 INSPECTOR: Shall mean any person or outside agency nominated or agreed by Owner

to inspect equipment stage wise as well as final inspection, before dispatch, at Supplier’s work and on receipt at site as per the terms of the CONTRACT.

1.18 TESTS: Shall mean such process or processes to be carried out by the SUPPLIER as

are prescribed in the CONTRACT or considered necessary by Owner or their representatives in order to ascertain quality, workmanship, performance and efficiency of equipment or part thereof.

1.19 APPROVAL: Shall mean and include the written consent, either manuscript, type-written

or printed statement, under signature or seal, as the case may be, of the Owner or their authorized representative on documents, drawings or other particulars in relation to the CONTRACT.

1.20 FOB, C&F, CIF, FAS, FOR, FOT & EX-WORKS: Shall mean the terms as defined in the

international rules for the interpretation of trade terms 2000 (Incoterms) with the latest modifications incorporated. The terms FOR and FOT are exclusively meant for Indian bidders only.

1.21 TERMS AND EXPRESSIONS not herein defined shall have the same meaning as are

assigned to them in the Indian sale of goods act, 1930, failing that in the Indian CONTRACT act (1872) and failing that in the General Clauses Act (1897) including amendments thereof, if any.

1.22 COMMENCEMENT DATE OF CONTRACT: Shall mean the date on which the letter of

intent is issued 1.23 COMPLETION PERIOD: Shall mean the period from the commencement date of

CONTRACT to mechanical completion, erection and c ommissioning of all the equipments under the CONTRACT.

1.24 MECHANICAL COMPLETION: Shall men readiness to take feed except on m inor

respect, which does not prevent trial runs with all necessary statutory approvals duly obtained as may be required, for the purpose of carrying out the trial runs.

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1.25 TRIAL RUN A ND COMMISSIONING: Shall mean complete erection, testing,

commissioning and securing of guarantees for defect free operation. 1.26 PROJECT COMPLETION: Shall mean the readiness of the facilities in all respect for

commissioning at its rated capacity after successful trial run. 1.27 MONTH: Shall mean a calendar month. 2.0 SCOPE OF CONTRACT 2.1 Scope of the CONTRACT shall be as defined in the CONTRACT specifications,

drawings and annexure and Attachments thereto. 2.2 Completeness of the equipment shall be t he responsibility of the SUPPLIER. An y

equipment, fittings and accessories which may not be s pecifically mentioned in the specifications or drawings but which are usual or necessary for the satisfactory functioning of the equipment (successful operation and functioning of the equipment being SUPPLIER's responsibility) shall be provided by the SUPPLIER without any extra cost.

2.3 The SUPPLIER shall follow the best modern practices in the manufacture of high quality

equipment notwithstanding any omission in the specifications. T he true intent and meaning of these documents is that SUPPLIER shall in all respects design, engineer, and manufacture and supply the equipment in a t horough workman like manner and supply the same in prescribed time to the entire satisfaction of Owner.

2.4 The SUPPLIER shall furnish twelve (12) copies in English language of technical

documents, final drawings, preservation instructions, operation and m aintenance manuals, test certificates, spare parts catalogues. Before despatch under confirmation to the Owner reproducible for final drawings shall also be furnished along with above 12 copies along with a Soft copy in CD

2.5 The documents once submitted by the SUPPLIER shall be firm and final. The

SUPPLIER shall be responsible for any loss to the Owner consequent to furnishing of the incorrect data/drawings.

2.6 All dimensions and weights should be in metric system. 2.7 All equipments to be supplied and work to be carried out under the CONTRACT shall

conform to and c omply with the provisions of relevant regulations/acts (state govt.or central government) as may be applicable to the type of equipment/work carried out and necessary certificates shall be furnished.

2.8 The SUPPLIER shall provide cross-sectional drawings wherever applicable to identify

the spare part numbers and their location. The sizes of bearings their make & number shall be furnished.

2.9 Specifications, design and dr awings issued to the SUPPLIER along with tender

specifications and CONTRACT are not sold or given but loaned. These remain property

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of Owner or their assignees and are subject to recall by Owner. The SUPPLIER and his employees shall not make use of the drawings, specifications and technical information for any purpose at any time except for manufacture against the CONTRACT and shall not disclose the same to any person, firm or corporate authorities, without written permission of Owner. All such details shall be kept confidential.

2.10 SUPPLIER shall pack, protect, mark and arrange for dispatch of equipment as per

instructions given in the CONTRACT 3.0 STANDARDS 3.1 The goods supplied under this CONTRACT shall conform to the standards mentioned in

the technical specifications, or such other standards which ensure an equal or higher quality and when no applicable standard is mentioned, to the latest standards issued by an authority/recognized institution in the country of origin of the goods shall be applicable.

4.0 INSTRUCTIONS, DIRECTIONS AND CORRESPONDENCE 4.1 The materials described in CONTRACT are to be supplied according to the standards,

data sheets, tables, specifications and drawings attached hereto and/or enclosed with the CONTRACT itself and according to all conditions both general and specific enclosed with the CONTRACT, unless any or all of them shall have been modified or cancelled in writing as a whole or in part.

A) All instructions and or ders to SUPPLIER shall, excepting what is herein provided, be

given by Owner. B) All the work shall be c arried out under the direction of and to the satisfaction of

Owner. C) All communications including technical/commercial clarifications and/or comments shall

bear reference to the CONTRACT. D) Invoice for payment against CONTRACT shall be addressed to Owner. E) The CONTRACT number shall be shown on all invoices, communications, packing lists,

containers and bills of lading etc. 4.2 All correspondence from SUPPLIER shall be f orwarded in duplicate (2 copies) to

owner's office in India on following address: General Manager (I/C)

NFL VIJAIPUR P.O.NFL TOWNSHIP DISTRICT GUNA MADHYA PRADESH PIN – 473 111 INDIA Fax no.: 07544-273089, 273109 Phone no: 07544- 273101

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Email: [email protected] 4.4 Correspondence on technical and commercial matters shall be deal t with in separate

letters for each CONTRACT and eac h copy of the letter shall be c omplete with all Annexures.

4.5 Correspondence for expediting and inspection shall be done directly with inspector with

two copies to consultant and one copy to owner at Delhi and one copy to owner at site office.

5.0 CONTRACT CONFIRMATION 5.1 Within ten (10) days from date of Notification of award of order, SUPPLIER shall sign

the CONTRACT and return it to the Owner. T he copy of the CONTRACT shall be signed by an authorized officer of the company.

5.2 After CONTRACT confirmation/signing, the terms and conditions contained therein take

precedence over SUPPLIER's bid conditions and all previous correspondence. 5.3 If after award of CONTRACT, as per article 28 in ATTACHMENT-I the SUPPLIER does

not acknowledge receipt of award of order and/or fails to deposit the performance bank guarantee within the time period specified in the CONTRACT, as per Article 30 of ATTACHMENT I, the OWNER reserves the right to cancel the CONTRACT without prejudice to various rights and remedies the Owner may be entitled to as per terms and conditions of CONTRACT and w ithout being liable in any manner whatsoever to the SUPPLIER.

6.0 MODIFICATIONS IN CONTRACT 6.1 All modifications leading to changes in the CONTRACT with respect to technical or

commercial aspects including terms of completion period shall be considered valid only when accepted in writing by Owner by issuing amendment to the CONTRACT. Issuance of acceptance or otherwise in such cases shall not be any ground for extension of agreed completion date and also shall not affect the performance of CONTRACT in any manner except to the extent mutually agreed to, through a modification to CONTRACT. Owner shall have the right to modify or amend the CONTRACT subject to an adjustment in the CONTRACT price and/or completion date in accordance with the applicable provision of the CONTRACT, if any, or pursuant to mutual agreement.

6.2 OWNER shall not be bound by any printed conditions, provisions in the SUPPLIER's bid

forms or acknowledgement of CONTRACT, packing list and ot her documents which purport to impose any condition at variance with or supplemental to CONTRACT.

7.0 USE OF CONTRACT/ PURCHASE ORDER DOCUMENTS AND INFORMATION 7.1 SUPPLIER shall not, without the Owner's prior written consent, disclose the

CONTRACT/ PURCHASE ORDER or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behal f of the Owner in connection therewith, to any person other than a person employed by the CONTRACTOR/ SUPPLIER in the performance of the CONTRACT/ PURCHASE

mailto:[email protected]

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ORDER. D isclosure to any such employed person shall be m ade in confidence and shall extend only so far as may be necessary for purpose of such performance.

7.2 CONTRACTOR/ SUPPLIER shall not without the Owner's prior written consent, make

use of any document or information enumerated in article 7.1 except for purpose of performing the CONTRACT/ PURCHASE ORDER.

7.3 Any document other than CONTRACT/ PURCHASE ORDER, itself, enumerated in

article 7.1 shall remain the property of the Owner and shall be returned (all copies) to the Owner on completion of the CONTRACTOR/ SUPPLIER's performance under the CONTRACT/ PURCHASE ORDER if so required by the Owner.

8.0 PATENT RIGHTS 8.1 the CONTRACTOR/ SUPPLIER shall indemnify the Owner against all third party claims

of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in the Owner's country.

8.2 PATENT INDEMNITY Seller hereby warrants that the use or sale of the materials delivered hereunder will not

infringe claims of any patent covering such material (to the extent the design for such materials is not furnished by Owner ) and s eller agrees to be r esponsible for and to defend at its sole expense all suits and proceedings against Owner based on any such alleged patent infringement and t o pay all costs, expenses, judgments and damages which Owner may have to pay or incur by reason of any such suit or proceedings. Notwithstanding the foregoing Owner does not warrant against and s hall not be responsible for, claims of patent infringement based solely on the use of such materials in combination with other materials or equipment or in the operation of any process other than such process as may be inherent in the use of such materials.

8.3 MECHANICS LIEN CONTRACTOR/Supplier agrees to indemnify and hol d harmless Owner against all

labourer's material man's and/or mechanic's liens arising from its work, and shall keep the premises of Owner free from all such claims, liens and encumbrances.

8.4 PERMITS AND CERTIFICATES CONTRACTOR/Supplier shall procure, at its expense, all necessary permits, certificates

and licences required by virtue of all applicable laws, regulations, ordinances and other rules in force at the place where any of the works is to be performed, and seller further agrees to hold Owner harmless from liability or penalty which might be i mposed by reason of any asserted or established violation of such laws, regulations, ordinances or other rule. NFL shall provide the necessary permits for seller's personal to undertake any work in India in connection with CONTRACT/ PURCHASE ORDER.

9.0 PERFORMANCE SECURITY 9.1 Within 30 day s after Notification of award of order (LOI) /CONTRACT/ PURCHASE

ORDER by CONTRACTOR/ SUPPLIER, the CONTRACTOR/ SUPPLIER shall furnish

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to the Owner security in the form of a bank guarantee issued or counter guaranteed by Scheduled banks other than co-operative banks as per Article 30 of ATTACHMENT I for an amount equivalent to 10% of the value of CONTRACT/ PURCHASE ORDER or as specified in the special conditions of CONTRACT/ PURCHASE ORDER.

9.2 The proceeds of performance security shall be appr opriated by the Owner as

compensation for any loss resulting from the CONTRACTOR/ SUPPLIER's failure to complete its obligations under the CONTRACT/ PURCHASE ORDER without prejudice to any of the rights or remedies the Owner may be ent itled to as per terms and conditions of CONTRACT/ PURCHASE ORDER.

9.3 The performance security shall be denominated in the currency of the CONTRACT/

PURCHASE ORDER and shall be in the form of a bank guarantee issued by one of the banks located in the owner’s country or counter guaranteed by a Scheduled bank as per article 30 of ATTACHMENT I

9.4 The performance security in the form of a bank guarantee shall be valid for the duration

of the supply period and of defects liability period. The period of defects liability shall be 12 months from the date of commissioning of equipment or 24 months from the date of delivery whichever is earlier .With a claim period of 6 ( six) months over and above the validity The proforma for this bank guarantee is enclosed as ATTACHMENT-vii. T he performance security will be discharged by the Owner not later than 15 days after the CONTRACTOR/ SUPPLIERs performance obligation including any warranty obligation under the CONTRACT/ PURCHASE ORDER are fulfilled.

Note: Any bank guarantee may it be for advance payment, bid security or performance shall

be issued or counter guaranteed by one of the Scheduled banks other than co-operative banks. O r in the alternative the guarantee may be g iven by the foreign bank duly counter guaranteed/confirmed by a scheduled bank other than co-operative bank. The charges for confirmation, if any, shall be to the CONTRACTOR/ SUPPLIER's account.

10.0 INSPECTION, TESTING AND EXPEDITING 10.1 The OWNER or its representatives shall have their right to inspect and/or to test the

goods to confirm to the specifications laid down in the CONTRACT/ PURCHASE ORDER. The special conditions of CONTRACT/ PURCHASE ORDER and/or the technical specifications shall specify what inspections and test the OWNER require and where they are to be conducted. The OWNER shall notify the CONTRACTOR/Supplier in writing of the identity of any other representatives retained for this purposes. Expediting performed by Owner's representative in no w ay relieves the CONTRACTOR/Supplier of completion obligation under the terms and conditions of this CONTRACT/ PURCHASE ORDER.

10.2 The inspections and t ests may be conducted on the premises of the

CONTRACTOR/Supplier or his subcontractor/ supplier at point of completion and/or at the good's final destination. W hen conducted on t he premises of the supplier or his sub-CONTRACTOR/ Supplier, all reasonable facilities and assitance including access to

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drawings and pr oduction data shall be f urnished to the inspector at no charge to the OWNER.

10.3 Should any inspected or tested goods fail to conform to the specifications, the OWNER

may reject them and CONTRACTOR/Supplier shall either replace the rejected goods or make all alternations necessary to meet specifications’ requirements free of cost to the OWNER.

10.4 The OWNER's right to inspection, test and where necessary, reject the goods after the

goods arrival in the OWNER's country shall in no way be limited or waived by reason of the goods having previously been inspected, tested and passed by the OWNER or their representative prior to the goods shipment from the country of origin.

10.5 The inspector shall follow the progress of the manufacture of the equipment under the

CONTRACT/ PURCHASE ORDER to ensure that the requirements outlined in the CONTRACT/ PURCHASE ORDER are not being deviated with respect to schedule and quality.

10.6 CONTRACTOR/ SUPPLIER shall allow the inspector to visit, during working hours, the

workshops relevant for execution of the CONTRACT/ PURCHASE ORDER during the entire period of CONTRACT/ PURCHASE ORDER execution.

10.7 In order to enable OWNER's representatives to obtain entry visas in time,

CONTRACTOR/ SUPPLIER shall notify OWNER two months before assembly, testing and packing of main equipment. I f requested, CONTRACTOR/Supplier shall assist OWNER's representatives in getting visas in the shortest possible time (applicable only in case of foreign CONTRACT/ PURCHASE ORDER).

10.8 CONTRACTOR/ SUPPLIER shall place at the disposal of the inspector, free of charge

all tools, instruments, and other apparatus necessary for the inspection and/or testing of the equipment. The inspector is entitled to prohibit the use and dispatch of equipment and/or materials which have failed to comply with the characteristics required for the equipment during tests and inspections.

10.9 CONTRACTOR/ SUPPLIER shall ensure that the same permission is granted by his

sub-CONTRACTOR/supplier to the inspector. 10.10 In respect of this inspection, CONTRACTOR/ SUPPLIER shall advise in writing of any

delay in the programme at the earliest possible date, describing in detail what has caused the delay and the proposed corrective action.

10.11 All tests and t rials in general, including those to be c arried out for materials not

manufactured by CONTRACTOR/ SUPPLIER shall be w itnessed by the inspector. Therefore, CONTRACTOR/ SUPPLIER shall confirm with the OWNER by telex or cable about the exact date of inspection, with at least 30 day s notice. C ONTRACTOR/ SUPPLIER shall specify the CONTRACT/ PURCHASE ORDER item and quantities ready for testing and indicate whether a preliminary or final test is to be carried out.

10.12 If on r eceipt of this notice, OWNER should waive the right to witness the test, timely

information will be given accordingly to the CONTRACTOR/Supplier.

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10.13 Any and all expenses incurred in connection with tests, preparation of reports and analysis made by qualified laboratories/institutions, necessary technical documents, testing documents, and doc uments, and dr awings shall be to CONTRACTOR/ SUPPLIER's cost. The technical documents shall include the reference and numbers of the standards used in the construction, wherever deemed practical by the inspector, with copy of such standards. CONTRACTOR/ SUPPLIER shall be held responsible for any possible delay in the approval or testing phase as well as for any possible delay in the remittance of necessary certificates. Delay on the part of the above mentioned institutions will not be considered a case of 'force majeure'.

10.14 Nothing in this article 10 shall in any way release the CONTRACT/ PURCHASE ORDER

or from any warranty or to his obligations under this CONTRACT/ PURCHASE ORDER. 10.15 Arrangements for all inspections required by Indian statutory authorities and as

specified in technical specifications shall be made by the CONTRACTOR/Supplier . 10.16 Participation or presence of OWNER or their representatives at any tests or their failure

to be present at or to witness any tests to be undertaken pursuant hereto shall not in any way or manner relieve or release the CONTRACTOR/ SUPPLIER from any of its warranties, guarantees or other obligations under the CONTRACT/ PURCHASE ORDER.

10.17 Copies of all test results/report of the tests shall be f urnished promptly by the

CONTRACTOR/ SUPPLIER to the owner and to the consultant. 11.0 TIME SCHEDULE AND PROGRESS REPORTING 11.1 Time schedule network/bar chart. 11.1.1 Together with the CONTRACT/ PURCHASE ORDER confirmation, CONTRACTOR/

SUPPLIER shall submit to OWNER, his time schedule regarding the documentation, supply and manufacture of equipment and materials as well as information of his sub CONTRACT/ PURCHASE ORDERs to be placed with their parties, including the dates on which CONTRACTOR/ SUPPLIER intends to issue such sub CONTRACT/ PURCHASE ORDERs.

11.1.2 The time schedule will be in the form of a network or a bar chart clearly indicating all

main or key events regarding documentation, supply of raw materials, manufacturing, testing, delivery, erection & commissioning.

11.1.3 The original issue and s ubsequent revisions of CONTRACTOR/ SUPPLIER's time

schedule and or subCONTRACTOR’s /suppliers time schedules shall be sent to consultant in two copies (of which one shall be reproducible) and two copies to owner (one at Delhi and one at Vijaipur).

11.1.4 The time schedule network/bar chart shall be updated at least every second month. 11.2 PROGRESS TREND CHART/MONTHLY REPORT

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11.2.1CONTRACTOR/ SUPPLIER shall report fortnightly to OWNER the progress of the execution of CONTRACT/ PURCHASE ORDER and achievement of targets set out in time bar chart.

11.2.2The progress will be expressed in percentages shown in the progress trend chart. 11.2.3The first issue of the progress trend chart will be forwarded together with the time bar

chart along with CONTRACT/ PURCHASE ORDER confirmation. 11.2.4The monthly reporting will bear the updating of the progress trend chart. 11.3 PROGRESS PERFORMANCE 11.3.1OWNER or his representatives shall have the right to inspect CONTRACTOR/

SUPPLIER's premises to evaluate the actual progress of work on t he basis of CONTRACTOR/ SUPPLIER's time schedule documentation.

11.3.2 Irrespective of such inspection, CONTRACTOR/ SUPPLIER shall advise OWNER at the

earliest possible date of any anticipated delay in the programme indicating the reasons thereof and corrective measures proposed thereto.

11.3.3 In the event that the delay is caused by a delay in the completion of sub-CONTRACT/

PURCHASE ORDER equipment, CONTRACT/ PURCHASE ORDER or shall submit details together with copies of the appropriate orders and agreements entered with such sub-CONTRACT/ PURCHASE ORDER s.

11.4 Notwithstanding the above, in case progress on t he execution of CONTRACT/

PURCHASE ORDER at various stages is not as per phased time schedule and is not satisfactory in the opinion of the OWNER which shall be conclusive or if the CONTRACTOR/ SUPPLIER shall neglect to execute the CONTRACT/ PURCHASE ORDER with due di ligence and ex pedition or shall contravene the provisions of the CONTRACT/ PURCHASE ORDER, OWNER may give notice of the same in writing to the CONTRACTOR/ SUPPLIER calling upon him to make good the failure, neglect or contravention complained of. S hould the CONTRACTOR/ SUPPLIER fail to comply with such notice within the period of 30 days, the OWNER shall have the option and at liberty to take the CONTRACT/ PURCHASE ORDER wholly or in part out of the CONTRACTOR/ SUPPLIER's risk and cost and r ecover from the CONTRACTOR/ SUPPLIER all extra costs incurred by the OWNER on this account and agreed penalty. In such an event OWNER shall not be responsible for any loss that the CONTRACTOR/ SUPPLIER may incur and CONTRACTOR/ SUPPLIER shall not be entitled to any gain. OWNER shall, in addition have the right to confiscate performance security in full or part.

12.0 PACKING 12.1 The CONTRACTOR/ SUPPLIER shall provide such packing of the goods as is sea

worthy and is such as shall prevent damage or deterioration to them or any part thereof during transit to their final destination. T he packing shall be sufficient to withstand without limitation to rough handling during transit and ex posure to extreme temperatures, salt and precipitation during transit and open storage., packing case size and weights shall t ake into consideration, where appropriate, the remoteness of the

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goods' final destination and t he absence of heavy handling facilities at all points in transit.

12.2 The packing, marking and documentation within and outside the packages shall comply

strictly with such special requirements as shall be ex pressly provided for in the CONTRACT/ PURCHASE ORDER/purchase order and subject to any subsequent instructions issued by the OWNER.

12.3 CONTRACTOR/ SUPPLIER shall be obliged to make compensation for all losses

suffered by owner due to CONTRACTOR/ SUPPLIER’s improper packing of the goods.

a) Spares shall be packed separately and identification marks tagged to each of the items, containing the following information’s and as per instructions specified in the CONTRACT/ PURCHASE ORDER :

i) Details Of Equipments And CONTRACT/ PURCHASE ORDER ii) Nomenclature Of Part/Component iii) Part No. iv) S.No of Part in CONTRACT/ PURCHASE ORDER. v) S.No Of Part In Spares Catalogue.

b) All Fragile and All Exposed Parts Shall Be Packed With Due Care and Packages

Shall Bear the Words "With Care"In English. c) All Nozzles, Pipes And All Sheets Shall Be Marked With Straps Bearing

Progressive Numbers. d) All Holes And Openings As Also All The Machined Surfaces Shall Be Carefully

Protected Against weather And Damages. e) All Manufactured Surfaces Shall Be Painted With Rust Proof Paint. f) All Threaded Fittings Shall Be Greased And Provided With Plastic Caps.

g) All Bright and Machined Parts Shall Be Coated with Appropriate Protective

Material suitable For Tropical and Coastal Climatic Conditions. h) All Small Pieces Shall Be Wrapped In Jute Bags Lined With Polythene And

Packed In Cases. All Pipes Shall Be Bundled in Small Lots with Strong Wire At least Four (4) Places and 4 M etallic Tags Placed Giving Information on Size, Specifications, Length, Weight Of Bundle. Both The Ends Of Pipes Should Be Plugged With Plastic Caps.

i) No Equipment Shall Be Shipped On Deck Without Specific Approval By Owner /

Consultant. j) All On The Deck Shipments, If Permitted, Shall Be Given Special Protective

Coating And Packing.

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12.4 CONTRACTOR/ SUPPLIER is fully responsible for specification of the storage conditions for his equipment and materials, and C ONTRACTOR/ SUPPLIER is also responsible for any damage incurred due to faulty or missing instructions.

12.5 At least 30 ( thirty) days prior to final technical inspection, CONTRACTOR/ SUPPLIER

shall submit to Owner a complete description of the packing. 12.6 The CONTRACTOR/ SUPPLIER shall be l iable for all damage or breakage to the

equipment due to the defective or insufficient packing as well as for corrosion due to insufficient protection. In such an event CONTRACTOR/ SUPPLIER shall arrange for free replacement without any cost to owner.

12.7 In each package CONTRACTOR/ SUPPLIER will ensure that there is a packing list in

English language. The storage classification shall be agreed with Owner and indicated in the conditions of CONTRACT/ PURCHASE ORDER. A separate packing list in polythene / cellophane cover shall be affixed on to outside of each package.

13.0 DELIVERY AND DOCUMENTS 13.1 Delivery of the goods shall be made by the CONTRACTOR/ SUPPLIER in accordance

with the terms specified by Owner in schedule of requirements and t he special conditions of Contract/Purchase and t he goods shall remain at the risk of the CONTRACTOR/ SUPPLIER until delivery has been completed.

13.2 Dispatch shall be deemed to have been made when inspector has cleared the goods

for despatch and t he CONTRACTOR/ SUPPLIER has dispatched the goods as per instructions contained in the order. Contractual delivery date shall be date of bill lading or railway receipt or lorry receipt as per the case may be, unless otherwise agreed in the body of the CONTRACT/ PURCHASE ORDER

13.3 The delivery terms are binding and final, consequently, no delay is allowed without the

written approval by owner / consultant. Any request concerning delay, though submitted by registered letter, will be v oid unless accepted by Owner through a modification / amendment to the CONTRACT/ PURCHASE ORDER. Request for extending delivery date should be made well before the due date of delivery.

13.4 Delivery time shall include time for submission of drawings for approval, incorporation of

comments, if any, and final approval of drawings by owner / consultant. 13.5 In the event of delay in supply of equipment and / or documents, CONTRACT/Purchase

order shall be liable for Price deduction as stipulated in Article 23. 13.6 If any part of equipment delivered has no commercial use, the delivery of the equipment

shall be considered as delayed and ow ner reserves the option to send back the equipment so received to the C ONTRACTOR/ SUPPLIER in case the supply of balance items / orders are delayed beyond stipulated delivery period.

13.7 In case of delayed delivery period beyond the stipulated delivery even though formal

extension of completion time is allowed by owner / consultant, all extra costs on account of changes of statutory regulations / acts or increase in price of any other account

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including price variation clause, if any, shall not apply to the CONTRACT/ PURCHASE ORDER price and shall be borne by the CONTRACTOR/ SUPPLIER.

13.8 The goods will not be c onsidered as delivered in accordance with the CONTRACT/

PURCHASE ORDER and may invite a possible application of price reduction, if all the documents necessary for forwarding of the goods covered by CONTRACT/ PURCHASE ORDER as well as the required technical documentation and certificates as certified in the documentation delivery schedule attached to the technical specifications have not been received by owner / consultant.

13.9 The additional copies of final drawings and instructions will be included in the package

of equipment, properly enveloped and protected. 14.0 INSURANCE Clause no. 4.0 of Special Conditions of contract is applicable. 15.0 DISPATCH TRANSPORTATION & SHIPPING INSTRUCTIONS 15.1 CONTRACTOR/ SUPPLIER shall arrange for dispatch of the goods by sea/rail/road/air

after proper packing and pr otection as per instructions given in the CONTRACT/ PURCHASE ORDER All consignments shall be dispatched after inspection and issue of acceptance certificates unless otherwise agreed to in writing. All consignments shall be dispatched to consignee and not to self.

15.2 Part dispatches of the CONTRACT/ PURCHASE ORDER / purchase order shall not be

resorted to, unless otherwise agreed to in writing and pr ovided in the CONTRACT/ PURCHASE ORDER.

15.3 In case of CONTRACT/ PURCHASE ORDER placed outside India, on-deck shipment

shall not be made without prior permission of owner / consultant. 15.4 Clean on board bill of lading for all offshore supplies shall be drawn as under:

A) For FOB CONTRACT/ PURCHASE ORDER Shipper – The contractor Consignee - Government of India (A/c National Fertilizer Limited) Mumbai port - India (or Kandla port as per PO) B) For C&F/CIF CONTRACT/ PURCHASE ORDER SHIPPER –CONTRACTOR/ SUPPLIER CONSIGNEE - GOVERNMENT OF INDIA (A/C NATIONAL FERTILISER LIMITED VIJAIPUR MUMBAI PORT - INDIA (OR KANDLA PORT AS PER PO

15.5 ASSEMBLY MARKS AND NAME PLATES

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15.5.1 All components/parts of the equipment, which dispatched in unassembled state, shall

be adequately visible, indelibly hard marked with identification marks, comprising equipment description and num ber, part number and C ONTRACT/ PURCHASE ORDER number which shall also be s hown on dr awings to facilitate speedy identification, assembling or dismantling.

15.5.2 Name plates on each equipment, name plate indicating basic details, pressure rating,

wherever applicable code number of equipment, electrical characteristics in case of electrical equipment, name of instrument with tag no. Manufacturer's name shall be fixed at proper place.

15.6 HEAVY LIFT OR OVER DIMENSIONAL CONSIGNMENTS 15.6.1 For road transport in India, packages exceeding one or more of the following

measurements: Weight 10 t onnes., length 5.5 m, width 2.12 m., height 2.1 m will be considered as

heavy lift or over dimensional consignments (HLC'S OR ODC'S). 15.6.2 For railway transport in India, packages exceeding one or more of the following

measurements will be considered as over dimensional consignments: Broad Gauge

A) Length 13716 Mm B) Maximum Width 2845 Mm C) Maximum Height 2743 Mm D) Top Width At Max. Height 610 Mm E) Height Of Max Width 2133 Mm F) Weight 54 T

15.6.3 CONTRACTOR/ SUPPLIER shall send immediately on receipt of CONTRACT/

PURCHASE ORDER a list of ODC packages on the basis of the dimensions given in article 15.6.1 and 15.6.2 above.

15.6.4 For obtaining the approval of the Indian railway, CONTRACTOR/ SUPPLIER shall

submit the following particulars regarding each ODC.

A) Length Of Package B) Height Of Package At The Top (In Centre) And Sides C) Width At Top, Centre And Bottom D) Dimensions Of The Projections/ Nozzles, If any, along with their location on the

equipment. E) Gross And Net Weight Of The Package. F) Centre Of Gravity On Different Axis. G) Packing And Lashing Arrangement.

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H) Mode Of Loading And Unloading. I) If special wagon/mode is to be adopt ed for the transport of the package, the

details of the same are to be pr ovided in a dr awing. Not later than 3 months before completion ex-works, contractor/ supplier shall send two (2) copies and one reproducible of each of the drawings for the equipment package having dimensions exceeding those stated in point 15.6.2 to the Owner.

15.7 MARKING 15.7.1 Foreign CONTRACTOR/ SUPPLIER shall mark the following on t hree sides i.e. two

side faces and cover (top) with indelible paint in conspicuously printed letters not less than 5 cm in size in English:

NATIONAL FERTILISER LIMITED NFL VIJAIPUR P.O. NFL TOWNSHIP DISTRICT GUNA, MADHYA PRADESH PIN 473 111 INDIA

INSTALLATION OF COOLING WATER PUMPS ALONG WITH PIPING AND ALLIED CIVIL WORKS PROJECT NFL VIJAYPUR

Port – Mumbai/Kandla

To Mumbai port (Or Kandla Port as per PO) CONTRACT/ PURCHASE ORDER no.

a) EQUIPMENT DESCRITION AND ITEM NO. b) PACKAGE NO___________OF_______ c) GROSS /NET WEIGHT (KGS) d) Dimensions L x Wx H cms. e) Warning marks (fragile, attention, top, keep dry) etc. f) Forwarding no. g) Part shipment/full shipment/final shipment. Each package shall bear a s ymbol stating the requirements or storing of the

equipment contained in the package as follow:

"A" storage in a closed store-house. "B" storage under a shed "C" storage in the open

15.7.2 Depending on the characteristics of the equipment, packages have to be marked with

the appropriate international markings ("handle with care","this side up", "sling mark" etc.) And any other indications necessary for correct handling such as centre of gravity and points of slinging (in case of heavy loads).

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15.7.3 For packages where marking is not possible, atleast two metallic name plates must be

affixed. Marking on the plates will be by means of engraving or indelible paint and will include the information listed above.

15.7.4 All corners of the packages shall be painted with indelible "blue paint" at least 125 mm

in depth for easy identification/location of the packages for clearance and handl ing at the port.

15.7.5CONTRACTOR/ SUPPLIER will include in each package an item wise packing list,

invoice no. And associated drawings. 15.7.6 The packing list and any other documents shall be put in a c losed polyethylene

envelope and included in each packages. 15.7.7 A second copy of the packing list shall be pl aced in a pol yethylene envelope on t he

outside of each package by means of metallic plate marked "documents".

As regards columns, exchangers and similar equipment, the envelope shall be placed in a nozzle being identified by an ar row in indelible paint, followed by the word "documents.

15.7.8 Shipping documents must always be presented in the number of copies indicated in the

CONTRACT/ PURCHASE ORDER/purchase order. The CONTRACT/ PURCHASE ORDER/purchase order will also include details regarding the shipping documentation.

15.8 DISPATCH/ SHIPPING NOTICE a) Contractor./Supplier shall notify Owner by fax or cable, 60 day s before the expected

date of delivery of consignments, of the date of readiness of Goods for shipment, total gross weight and total volume. Simultaneously, Contractor/Supplier shall airmail to Owner a detailed list of the items, in 4 (four copies) , covering serial no., package no., name and i tem no . of Equipment, package weights and dimensions as well as total consignment weight and volume.

For large packages (HLC’s or ODC’s) Contractor/Supplier shall provide 60 days before delivery date by airmail to Owner a sketch of the package in 4 c opies and one reproducible. For packages exceeding the railway gauges stared in article 15.6.2, the particulars requested in point 15.6 shall be s ent not later than 3 months (in special cases 6 months) before date of delivery.

b) Ready for shipment notice (in case of Foreign Contractor/Supplier only)

Independent of the type of delivery agreed in the Contract/Purchase Order, Contractor/Supplier shall advise Owner and the appointed forwarding agent six (6) weeks in advance, only and exclusively by fax or cable, of the exact date of readiness for shipment of the equipment from Contractor/Shipplier’s shop indicating:

“Ready for Shipment” National Fertilizers Limited,

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VIJAIPUR Vijaipur, Guna Distt. Madhya Pradesh 473 111 Installation of Cooling water pump along with piping and allied civil works Contract/Purchase Order No. Description and item no. of equipment and/or parts to be shipped. Number, size and gross weigh of packages. Owner’s forwarding agent will inform contractor/supplier about the place and the date on which equipment shall be delivered.

15.9 SHIPPING ARRANGEMENT AND FORWARDING OF DOCUMENTS 15.9.1 Shipping by Foreign Contractor/Supplier

In case the material is to be dispatched by AIR, the name and addr ess of our consolidation services agent will be mentioned in the contract/purchase order, through whom the supplier shall arrange to dispatch the material.

In case of dispatch by SEA, the shipping arrangement shall be made by supplier with the help of the Secretary Shipping Coordination Committee, Ministry of Shipping and Transport, New Delhi. Bill of lading should be drawn to show “The Contractor” as the Shipper and “Govt. of India, A/C NFL Vijaipur “ Installation of Cooling water pump along with piping and allied civil works” NFL Vijaipur, Distt. Guna, MP, India as the Consignee. In no case, Consignee on the Bill of Lading shall be negotiating Bank of India.

15.9.2 Adequate notice, of not less than six (6) weeks, of the readiness of cargo for shipment,

should be given to forwarding agents from time to time for finalizing the shipping arrangements.

15.9.3 All equipment and materials shall be shipped on freight to Pay in case of FOB Contract

/Purchase Order Prices. 15.9.4 The Contractor/Supplier shall avoid use of over aged vessels for the shipment of Goods

under the Contract/Purchase Order, and it so used, the cost of additional insurance, if any, shall be borne by the Contractor/Supplier.

15.9.5 Shipping Documents prepared by Contractor/Supplier shall include interalia all

documents complete with the required details and conforming to the export regulations to allow the exportation of goods by the shipping agent. Description of equipment and material on al l documents must be uni form and m ust tally with description in Contract/Purchase Order.

15.9.6 As soon as the shipment is effected, the seller shall notify by cable/fax, the details of:

i) Owners Contract/Purchase Order No ii) Name of Steamer/Cargo iii) Bill of Lading No. & date iv) Number of Packages and Packing list

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v) Value

TO: 1. GENERAL MANAGER I/C VIJAIPUR, GUNA DISTT. MADHYA PRADESH 473 111 Tel. No.00-91-7544 273 101/273 090 FAX No.00-91-7544 273 089/273 109 2. INSURANCE COMPANY:

Contractor shall cover insurance from IRDA approved Insurance company. For arranging clearance of shipment at port, one s et of shipping documents, as

mentioned below is to be di spatched by mail/courier to the clearing agent by the Contractor/Supplier:

i) 1/3 original Bill of Lading (B/L) ii) 1 copy of non-negotiable B/L iii) 1 copy of Packing list iv) 1 copy of signed invoice v) 1 copy of Certificate of origin vi) 1 copy of fax sent to nominated insurance co. vii) Freight Bill, if freight is paid by Contractor/Supplier ix) Inspector’s release note x) One copy of catalogue/Drawing highlighting the equipment dispatched for identification by customs authorities.

Clearing agents: (Details shall be furnished separately) 15.9.7 Following shipping Documents shall be airmailed or sent through courier to Owner after

shipment and in any case within a week from the date of shipment as given below to:

DEPUTY GENERAL MANAGER (TS) As per the address given as Para 15.9.6 above. i) Contractor/Supplier’s original Invoice ii) Copies of Contractor/Supplier’s Invoice iii) B/L original (2/3) iv) B/L non-negotiable copies v) Certificate of origin duly endorsed by a trade association, chamber of commerce

or similar body. vi) Copies of Certificate of origin

vii) Packing list viii) Ocean freight Bill ix) Inspector’s release notice x) Final test certificate including third party Inspection Certificates, wherever

applicable xi) Copy of cable to Insurance Company xii) Copy of Advance shipping note

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xiii) Catalogue/drawing of equipment and materials dispatched xiv) Certificate from owner that performance bank guarantee has been

received by owner IMPORTANT NOTE: Original shipping Documents as above should be sent immediately on shipment to

consignee by registered airmail post. D emurrage, if any, incurred by the Contract/Purchaser due to late receipt of Documents, shall be recoverable from the seller

15.10 DISPATCH/SHIPMENT NOTICE FOR INSURANCE 15.10.1 Contractor/Supplier shall send cable or fax intimation of dispatches immediately after

shipment indicating Contract/Purchase Order No., items dispatched, quantity, value, weight and c arrier particulars directly through fax to the address of Insurance Company as indicated in Para 15.9.6 above or in the Contract/Purchase Order, to be followed up by dispatch of detailed Documents as per Contract/Purchase Order. A copy of such information shall also be given to the commercial negotiating Bank for payment against letter of credit. Copies shall also be sent to Owner.

15.10.2 Insurance for transit risks shall be covered by Owner unless otherwise stipulated

in the Contract/Purchase Order. C ontractor/Supplier furnishes necessary Documents as may be required for finalizing claim. Irrespective of this, shortage noticed in sound packages and damages detected due t o faulty packing or protection shall be replaced by the Supplier free of cost to Owner.

16.0 INCIDENTAL SERVICES 16.1 As specified in the special conditi0ns of CONTRACT/ PURCHASE ORDER, the

CONTRACTOR/ SUPPLIER may be required to provide any or all of the following services:

a) Supervision of on-site assembly/erection and or start up of the supplied Goods b) Furnishing of tools required for assembly/ erection and or maintenance of the

supplied goods c) Performance or supervision or maintenance and/or repair of the supplied goods,

for a period of time agreed by the parties, provided that this service shall not relieve the CONTRACTOR/ SUPPLIER of any warranty obligations under this CONTRACT/ PURCHASE ORDER, and

d) Conduct of training of the OWNER's personnel, at the CONTRACTOR/

SUPPLIER's plant and/or on s ite, in assembly, start-up operation, maintenance and/or repair of the supplied goods.

16.2 Prices charged by the CONTRACTOR/ SUPPLIER for the preceding incidental services,

if not included in the CONTRACT/ PURCHASE ORDER price for the goods shall be agreed upon i n advance by the parties and shall not exceed the prevailing rates charged to other parties by the CONTRACTOR/ SUPPLIER for similar services.

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16.3 When required, CONTRACTOR/ SUPPLIER shall depute necessary personnel for supervision and/or erection of the Equipment at site for a duration to be specified by Owner on mutually agreed terms. CONTRACTOR/ SUPPLIER's personnel shall be available at site within 72 hours for emergency action and 10 days for medium and long term assistance, from the date of notice given by Owner.

16.4 CONTRACTOR/ SUPPLIER's personnel shall be pai d part of their per diem rates in Rupees by the Owner for covering local expenses, in case charges for such services is not part of the Contract/PO.

16.5 CONTRACTOR/ SUPPLIER's personnel will follow the normal working hours at site

which is 48 hours per week, 6 days of 8 hrs/day. 16.6 At the request of consultant or owner, CONTRACTOR/ SUPPLIER shall at his expense,

dismiss from work and replace any such employee as OWNER, may deem incompetent or careless or whose continued employment is deemed inimical to the interest of the OWNER or against public interest.

16.5 Other conditions of work at site shall be mutually discussed and settled. 17.0 SPARE PARTS, MAINTENANCE TOOLS AND LUBRICANTS 17.1 As specified in the CONTRACT/ PURCHASE ORDER, the CONTRACTOR/ SUPPLIER

may be r equired to provide any or all of the following materials and not ifications pertaining to spare parts manufactured or distributed by the CONTRACTOR/ SUPPLIER.

a) Such spare parts as the OWNER may opt to purchase from the CONTRACTOR/

SUPPLIER, provided that this option shall not relieve the CONTRACTOR/ SUPPLIER of any warranty obligations under the CONTRACT/ PURCHASE ORDER, and

b) All the spares for the equipment under the CONTRACT/ PURCHASE ORDER will

strictly conform to the specification and other relevant documents and will be identical to the corresponding main equipment/ components supplied under the CONTRACT/ PURCHASE ORDER and shall be fully interchangeable.

c) The CONTRACTOR/Supplier will provide the owner with all the addresses and

particulars of his sub-CONTRACTOR/ SUPPLIERs while placing the order on vendors for items/components/ equipments covered under the CONTRACT/ PURCHASE ORDER and will further ensure with his vendors that the owner, if so desires, will have the right to place order for spares directly on them on mutually agreed terms based on offers of such vendors.

d) The CONTRACTOR/Supplier shall guarantee the long terms availability of spares to the

owner for the full life of the equipment covered under the CONTRACT/ PURCHASE ORDER. T he CONTRACTOR/Supplier shall guarantee that before going out of production of spare parts of the equipment covered under the CONTRACT/ PURCHASE ORDER, he shall give the owner at least 2 years advance notice so that the latter may order his bulk requirement of spares, if he s o desires. T he same provision will also be appl icable to sub-CONTRACTORS Further, in case of discontinuance of manufacture of any spares by the CONTRACTOR/Supplier and/or his sub-CONTRACTOR, CONTRACTOR/Supplier will provide the owner, two years in

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advance, with full manufacturing drawings, material specifications and technical information including information on alternative equivalent makes required by the owner for the purpose of manufacture/procurement of such items.

17.2 CONTRACTOR/ SUPPLIER shall complete item wise list with value of each item of

spare parts and maintenance tools requirements for

a) The construction and commissioning period b) 2 year's operation and maintenance period. List given in other chapter may be

seen. 17.3 Spare parts shall be new and of first class quality as per engineering standards/codes,

free of any defects (patent or latent), deficiency in design, materials and workmanship and also shall be completely interchangeable with the corresponding parts.

17.4 Type and sizes of bearings shall be indicated. 17.5 Spare parts shall be pac ked for long storage under tropical and coastal climatic

conditions in suitable cases, clearly marked for the intended purpose. 17.6 A list of special tools and gauges required for normal maintenance and special handling

and lifting appliance if any, for the equipment shall be submitted to OWNER/consultant. 17.7 LUBRICANTS 17.7.1 Whenever lubricants are required, CONTRACTOR/ SUPPLIER shall indicate the

quantity of lubricants required for the first filling, the frequency of changing, the quantity of lubricants required for 1 year's continuous operation and the types of recommended lubricants indicating the commercial name (trade mark), quality and grade.

17.7.2 If CONTRACTOR/ SUPPLIER are unable to recommend or where specific oil is recommended, basic recommended characteristics of the lubricants may be indicated.

17.7.3 CONTRACTOR/ SUPPLIER shall indicate various equivalents of lubricants available in

India.

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18.0 WARRANTIES AND GUARANTEES 18.1 MATERIALS AND WORKMANSHIP WARRANTY 18.1.1 The CONTRACTOR/ SUPPLIER shall fully warrant that the goods supplied under the

CONTRACT/ PURCHASE ORDER are new, unused; of the most recent or current models and incorporate all recent improvements in design and m aterials unl ess provided otherwise in the CONTRACT/ PURCHASE ORDER. The CONTRACTOR/ SUPPLIER shall further warrant that all goods supplied under this CONTRACT/ PURCHASE ORDER shall be of first class quality according to specifications, have no defect (patent or latent) arising from design, materials or workmanship or from any act of omission of the CONTRACTOR/ SUPPLIER that may develop under normal use of the supplied goods in the condition prevailing in the country of final destination.

18.1.2 This warranty shall be valid for 24 months from date of completion or 12 months from

date of commissioning of equipment supplied whichever is earlier. Should any defects be noticed in the design, materials and/or workmanship within 24 months from the date of despatch/shipment of last consignment or 12 months from the date of commissioning of plant, whichever is earlier, OWNER shall inform CONTRACTOR/ SUPPLIER and CONTRACTOR/ SUPPLIER shall immediately on receipt of such intimation depute their personnel within 7 days to investigate the causes of defect and ar range rectification/replacement/modification of the defective eq uipment at site without any cost to OWNER within a r easonable period. OWNER shall be f ree to take such corrective action as may be deem ed necessary at CONTRACTOR/ SUPPLIER's risk and cost, after giving notice to the CONTRACTOR/ SUPPLIER. T he OWNER shall promptly notify the CONTRACTOR/ SUPPLIER in writing of any claim arising under this warranty.

18.1.3 Damage to the machinery and/or equipment deriving from incomplete and erroneous

instructions issued by CONTRACTOR/ SUPPLIER will be considered CONTRACTOR/ SUPPLIER's fault and will be treated according to the provisions of this warranty clause.

18.1.4 In case defects are of such nature that equipment shall have to be taken to

CONTRACTOR/ SUPPLIER's works for rectification etc. CONTRACTOR/ SUPPLIER shall take the equipment at his cost after giving necessary undertaking or security as may be required by the OWNER, OWNER shall, if so required by the CONTRACTOR/ SUPPLIER, despatch the equipment by quickest mode on f reight to pay basis to the CONTRACTOR/ SUPPLIER's works. After repairs CONTRACTOR/ SUPPLIER shall deliver the equipment at site on freight paid basis. All risks in transit to and fro shall be borne by the CONTRACTOR/ SUPPLIER.

18.1.5 Equipment or part thereof so repaired or replaced shall have further warranty for a

period of 12 months from the date of acceptance and t he bank guarantee for performance shall be suitably extended.

18.1.6 If the repairs, replacements or modifications referred to are of such nature as may

affect the efficiency of the equipment, OWNER shall have the right to give to the CONTRACTOR/ SUPPLIER within one m onth of such replacement/renewal, notice in writing to carryout tests as may be required for acceptance of the equipment.

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18.1.7 if the CONTRACTOR/ SUPPLIER fails to meet his obligation to repair or replace defective goods within a r easonable period of time, if CONTRACTOR/ SUPPLIER refuses to carry out work under the guarantee clause and implied guarantee conditions, if danger is anticipated or in case of severe urgency. OWNER shall be entitled to carry out at CONTRACTOR/ SUPPLIER's cost and risk, repair work or replacement deliveries or have it done by a third party. In case not all goods have been del ivered by CONTRACTOR/ SUPPLIER, OWNER is entitled to procure the remaining goods at CONTRACTOR/ SUPPLIER's cost and risk. T his does not relieve CONTRACTOR/ SUPPLIER of any of his guarantee, obligations. T axes and dut ies of any kind whatsoever imposed by the authorities of the country of CONTRACTOR/ SUPPLIER or his sub-CONTRACTOR until completion shall be borne by CONTRACTOR/ SUPPLIER.

18.2 PERFORMANCE GUARANTEE 18.2.1 CONTRACTOR/ SUPPLIER shall guarantee that the performance of the equipment

supplied under the CONTRACT/ PURCHASE ORDER shall be strictly in conformity with the specifications and s hall perform the duties specified under the CONTRACT/ PURCHASE ORDER.

18.2.2 If the performance of the equipment fails to prove the guarantee set forth in the

specifications, CONTRACTOR/ SUPPLIER shall investigate the causes and provide free of cost to OWNER design, engineering, materials, and services and equipment within a reasonable period to prove guarantees. the CONTRACTOR/ SUPPLIER's liability in this respect shall be unlimited.

18.2.3 if the CONTRACTOR/ SUPPLIER fails to prove the guarantee within the period

stipulated in the CONTRACT/ PURCHASE ORDER . T he OWNER shall have the option to take over the equipment and r ectify the same, if possible, to fulfil the guarantees and/or to make necessary additions to make up t he deficiency at CONTRACTOR/ SUPPLIER's risk and cost. All expenditure incurred by the OWNER in this regard shall be on CONTRACTOR/ SUPPLIER's account.

18.3 LOAD DATA 18.3.1CONTRACTOR/ SUPPLIER shall be r esponsible for correctness of the load data

furnished by them for civil work and foundations. 18.3.2 In the event of notice of defects in the civil works due to incorrect data furnished by the

CONTRACTOR/ SUPPLIER, the cost incurred for redoing, rectifying foundations, shall be borne by the CONTRACTOR/ SUPPLIER. The cost of removal of the equipment from foundation if already erected and re-erection of the same including all related costs shall also be borne by the Contractor/Supplier.

19.0 ASSIGNMENT 19.1 The CONTRACTOR/ SUPPLIER shall not assign in whole or in part, its obligations to

perform under this CONTRACT/ PURCHASE ORDER, except with the OWNER’s prior written consent.

20.0 SUB-CONTRACT

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20.1 CONTRACTOR/ SUPPLIER shall act as an independent CONTRACTOR/Supplier and

not as an agent or employee of OWNER. 20.2 CONTRACTOR/ SUPPLIER shall notify the OWNER in writing of all SUB-CONTRACTs

awarded under the CONTRACT/ PURCHASE ORDER. Such notification of award of SUB CONTRACT, if any, shall not relieve the CONTRACTOR/ SUPPLIER from any liability or obligation under the CONTRACT/ PURCHASE ORDER.

20.3 SUB-Contracting shall not imply any limitation of CONTRACTOR/ SUPPLIER's liability

to fulfil the CONTRACT/ PURCHASE ORDER. 20.4 SUB-CONTRACT shall incorporate technical conditions and inspection requirements

stipulated in CONTRACT/ PURCHASE ORDER and any amendments and changes thereto.

20.5 Copies of SUB-CONTRACT shall also be forwarded to OWNER‘s inspector. 20.6 If SUBCONTRACTOR should appear unfit to carry out his part of the CONTRACT/

PURCHASE ORDER work or the progress of SUB-CONTRACTOR’s work is such that the planned time of completion within the terms of CONTRACT/ PURCHASE ORDER is jeopardised, OWNER has the right to instruct CONTRACTOR/ SUPPLIER, in writing, to terminate the sub-CONTRACT at a short notice.

20.7 SUB-CONTRACT must comply with the provisions with respect to eligible goods and

services indicated in the bidding documents. 21.0 JOINT AND SEVERAL RESPONSIBILITIES 21.1 When the supply is a par t of group including parts supplied by others, OWNER shall

hold CONTRACTOR/ SUPPLIER and the manufacturer (the manufacturer's name will be communicated separately) of the equipment to be c oupled to the supply jointly & severally responsible for the perfect operation of the group, as concerns the technical and mechanical characteristics mentioned in the specification and with particular regard to the conditions of mechanical coupling, dynamic movement and s tarting movement. The CONTRACTOR/ SUPPLIER shall, therefore, establish all suitable contacts with the manufacturer that OWNER will indicate, ensuring the exchange of all data and information necessary for the perfect operation of the group.

22.0 DELAYS IN THE CONTRACTOR/ SUPPLIER'S PERFORMANCE 22.1 Delivery of the Goods and performance of services shall be m ade by the

CONTRACTOR/ SUPPLIER in accordance with the time schedule specified by the OWNER in the CONTRACT/ PURCHASE ORDER.

22.2 An unexcused delay by the CONTRACTOR/ SUPPLIER in the performance of its

completion obligations shall render the CONTRACTOR/ SUPPLIER liable to any or all of the following sanctions:

Forfeiture of its performance security, imposition of pre-determined and mutually agreed damages and/or termination of the CONTRACT/ PURCHASE ORDER for default.

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23.0 PRICE REDUCTION 23.1 If for reasons not attributable to the owner or due t o conditions constituting force

majeure as defined in this CONTRACT/ PURCHASE ORDER the work is not completed in accordance with the provisions hereof within and in accordance with the delivery as indicated in the body of the Contract/PO it is agreed that the owner shall be entitled to and the CONTRACTOR/Supplier s hall pay to the owner the following as mutually agreed damages (which are a genuine pre-estimate made by the parties of the loss and damage which the owner would have suffered on account of such delay in completion of the work and as by way of mutually determined reasonable compensation to the owner therefore after taking into consideration all circumstances) and not as liquidated damages or penalty and without the owner being required to establish and prove the actual/loss/damage suffered by the owner on account of such delay:

a) The pre-estimated mutually agreed damages pursuant hereto shall be payable at

the rate of 0.5% per week or part thereof delay in the completion of project subject to a maximum of 5% of total contract /PO price determined as below:

i) Rs._____________/- (Indian Rupees __________________) per week or

part thereof for delay in the completion of project and/or materials in respect of which the price payable under the Contract/Purchase Order is payable in Indian Rupees, and

ii) USD___________/- (United States Dollars ____________) per week or

part thereof in the completion of project and/or materials in respect of which the price payable under the Contract/Purchase Order is payable in United States Dollars/Currency other then Indian Rupees.

b) The aggregate of such pre-estimated mutually agreed damages payable

pursuant to this article shall, it is agreed, be subject to a m aximum of a s um equivalent to 5% (five per cent) of the aggregate of the total of the:

i) Indian Rupee portion of the Contract/Purchase Order Price payable under

the Contract/Purchase Order for Rupees portion of supplies; and ii) United States Dollars/Currency other than Indian Rupees portion of the

Contract/Purchase Order Price payable under the Contract/Purchase Order for the portion of Contractor/Supplier for which payment is in currency other than Indian Rupees.

c) For the purposes of sub-clauses a) and b) above

i) Indian Rupees portion of the Contract/Purchase Order Price payable

under the Contract/Purchase Order for Rupees portion of the supplies, and

ii) The exchange rate as between United States Dollars and other Foreign

currency under the Contract/Purchase Order for determining the 5% ceiling under sub-clause b) ii) above shall be the rate prevailing in India on the date on or before which, but for which delay, the delivery of such

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delayed portion of the equipment and/or materials would have been completed by the Contractor/Supplier. The exchange rate shall be based on TT selling price as published on RBI website.

d) Notwithstanding anything to the contrary contained in this CONTRACT/

PURCHASE ORDER and without prejudice to the rights of the owner under this CONTRACT/ PURCHASE ORDER and t he entitlement to the said pr e estimated mutually agreed damages and i n addition and not in derogation or substitution thereof the owner shall be entitled to terminate this CONTRACT/ PURCHASE ORDER in whole or in part without being liable to the CONTRACTOR/Supplier in any manner whatsoever or to have the uncompleted portion of the work to be ex ecuted/performed pursuant hereto by the CONTRACTOR/Supplier completed/executed/performed at the risk and c ost of the CONTRACTOR/Supplier and w ithout being liable to the CONTRACTOR/Supplier in any manner whatsoever in the event of and despite 30 (thirty) days notice in writing the CONTRACTOR/Supplier failing to complete/execute/perform all or any part of the work to be completed/executed/performed pursuant hereto by the CONTRACTOR/Supplier within and in accordance with the time schedule as indicated in ITB hereto/the time for completion as extended in accordance with the provisions hereof or by the owner.

23.2 DAMAGES FOR FAILURE TO MEET PERFORMANCE GUARANTEES

If for reasons not attributable to the owner or due t o conditions constituting force majeure as defined in this CONTRACT/ PURCHASE ORDER, there is a short fall in the guaranteed output or the consumption of raw materials or utilities is in excess of the guaranteed consumption thereof or there is deficiency in the guaranteed produce quality, all as guaranteed hereunder, it is agreed that the owner shall be entitled to and the CONTRACTOR/Supplier shall pay to the owner the following as mutually agreed damages (which are a g enuine pre-estimate made by the parties of the loss and damage which the owner would have suffered on account of such short fall in the guaranteed output or the consumption of raw materials or utilities is in excess of the guaranteed consumption thereof or there is deficiency in the guaranteed product quality and as by way of mutually determined reasonable compensation to the owner there of after taking into consideration all circumstances) and not as liquidated damages or penalty and w ithout the owner being required to establish and prove the actual loss/damage suffered by the owner on account of such shortfall or excess:

A: Damages for shortfall in guaranteed output

For every 1% or part thereof shortfall in output ( Rated head ) from the design output guaranteed - ( hereunder subjected to maximum shortfall of 2% , the contractor/ supplier shall pay to the owner pre-estimated mutually agreed damages pursuant hereto at the rate of 1.25 % of the contract purchase order price inclusive of all contingencies & escalation, if any, payable by the owner to the Contractor/ Supplier hereunder. Similarly For every 1% or part thereof excess in output ( Rated head ) f rom the design output guaranteed - ( hereunder subjected to maximum of 5% , the contractor/ supplier shall pay to the owner pre-estimated mutually agreed damages pursuant hereto at the rate of 0.5 % of the contract purchase order price inclusive of all contingencies & escalation, if any, payable by the owner to the Contractor/ Supplier hereunder. The aggregate of such

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pre-estimated mutually agreed damages payable pursuant to this articles for shortfall / Excess in output from the output guaranteed hereunder shall it is agreed be subject to a maximum of 2.5 % of the aggregated of the total of the contract / purchase order price inclusive of all contingencies & escalation, if any, payable by the owner to the Contractor/ Supplier hereunder . The said pre-estimated mutually agreed damages shall be paid in the currency of contract P.O.

B. Damages for failure to meet utilities consumption guarantees

For every 1% or part thereof excess consumption of the utilities ( Power) guaranteed hereunder subjected to maximum excess consumption of 4% , the contractor/ supplier shall pay to the owner pre-estimated mutually agreed damages pursuant hereto at the rate of 0.625 % of the contract purchase order price inclusive of all contingencies & escalation, if any, payable by the owner to the Contractor/ Supplier hereunder. The aggregate of such pre-estimated mutually agreed damages payable pur suant to this articles for excess consumption of utilities per g uaranteed hereunder shall it is agreed be subject to a maximum of 2.5 % of the aggregate of the total of the contract / purchase order price inclusive of all contingencies & escalation, if any, payable by the owner to the Contractor/ Supplier . The said pre-estimated mutually agreed damages shall be paid in the currency of contract P.O

C. The obligation of the CONTRACTOR/Supplier under the various above sub-clauses are

independent of each other and accordingly the maximum limits of pre-estimated mutually agreed damages set out under each of the said sub-clauses are separate provided however the aggregate of liability of the CONTRACTOR/Supplier under above mentioned clauses shall be limited to 5% (five percent) of the total of the CONTRACT/ PURCHASE ORDER price inclusive of all contingencies and escalations, if any, payable by the CONTRACTOR/Supplier to the owner hereunder.

D. Notwithstanding any thing to the contrary contained in this CONTRACT/ PURCHASE

ORDER and without prejudice to the rights of the owner under this CONTRACT/ PURCHASE ORDER and i ts entitlement to the said pre-estimated mutually agreed damages and in addition and not in derogation or substitution thereof the owner shall be entitled to terminate this CONTRACT/ PURCHASE ORDER in whole or in part without being liable to the CONTRACTOR/Supplier in any manner whatsoever or to have the unexecuted/delayed portion of the work to be completed/executed/performed or to have the defect or deficiency resulting in or because of which there is shortfall in daily/hourly output of the product excess consumption of utilities per tonne/hour from that guaranteed hereunder rectified/remedied, all at the risk and c ost of the CONTRACTOR/Supplier and without being liable to the CONTRACTOR/Supplier in any manner whatsoever in the event of and des pite 30 ( thirty) days notice in writing the CONTRACTOR/Supplier failing to supply/ deliver/ complete/ execute/ perform/ remedy/ rectify all or any part of the same.

E. The maximum limits of

(i) Shortfall in daily/hourly output from the output guaranteed hereunder; (ii) Excess consumption of utilities ( Power) from that guaranteed hereunder; and set out in

clause a & b hereinabove shall be deemed to be the minimum performance parameters

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guaranteed under this CONTRACT/PURCHASE ORDER by the CONTRACTOR/Supplier hereunder notwithstanding anything to the contrary contained herein and accordingly it is agreed that in the event of the performance being below the said minimum performance parameters guaranteed under this CONTRACT/PURCHASE ORDER as mentioned below , the CONTRACTOR/Supplier shall notwithstanding anything to the contrary contained herein and without prejudice to its obligation to pay damages pursuant to clauses a and b her eof and w ithout any limitation whatsoever remedy and/or rectify at its cost and expense all defects and/or deficiencies to bring the performance up to the said minimum performance parameters.

1) If the performance of the equipment ( Pump & Motor) fails to prove the guarantee set

forth in the Specifications as per clause 3.7.4 of TC:3480 which state that during the performance test, pump when operated at rated speed and rated capacity shall give guaranteed characteristics of total head, efficiency, brake kW and NPSH within the following tolerances:

Output - Rated differential head : + 5%, - 2% (40 meter)

Utility - Rated kW : + 4% (As specified / guaranteed by vendor)

a) The contractor liability for reviewing the defects as well as making good any short coming

shall be unlimited. The contractor shall be liable for reviewing t he defects as well as making good any shortcomings as set forth in performance guarantee parameters as detailed in technical specification.

b) For making good the plant, the duration & Schedule of shut down of unit, if so desired by the contractor for making modification / replacement etc, shall be on the sole discretion of the owner.

23.3 in case of delay in supply of technical documents total CONTRACT/ PURCHASE ORDER price shall be r educed @ 0.1% per complete week of delay subject to a maximum of 0.5%.

24.0 REJECTIONS, REMOVAL OF REJECTED EQUIPMENT AND REPLACEMENT 24.1 Preliminary inspection at CONTRACTOR/ SUPPLIER's work by inspector shall not

prejudice OWNER's claim for rejection of the equipment on f inal inspection at site or claims under warranty provisions.

24.2 If the equipments are not of specification or fail to perform specified duties or otherwise

not satisfactory, the OWNER shall be ent itled to reject the equipment/ material or part thereof and as k for free replacement within reasonable time failing which obtain his requirements from elsewhere at CONTRACTOR/ SUPPLIER's cost and risk.

24.3 In the event of such rejection the OWNER shall be entitled to the use of the equipment

in a r easonable and pr oper manner for a t ime reasonably sufficient to enable him to obtain replacement.

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24.4 Nothing in this article shall be deemed to deprive the OWNER and/or affect any rights under the CONTRACT/ PURCHASE ORDER which he may otherwise have in respect of such defects or deficiencies or in any way relieve the CONTRACTOR/ SUPPLIER of his obligations under the CONTRACT/ PURCHASE ORDER.

24.5 Equipment rejected by the OWNER shall be r emoved by the CONTRACTOR/

SUPPLIER at his cost within 14 day s of notice after repaying the amounts received against the supply. The OWNER shall in no way be responsible for any deterioration or damage to the equipment under any circumstances whatsoever.

24.6 In case of rejection of equipment, OWNER shall have the right to recover the amounts

paid, if any, from any of CONTRACTOR/ SUPPLIER`s invoices pending with OWNER or by alternative method.

25.0 TERMINATION OF CONTRACT/ PURCHASE ORDER 25.1 Termination for Default 25.1.1 The OWNER may without prejudice to any other remedy for breach of CONTRACT/

PURCHASE ORDER, by written notice of default send to the CONTRACTOR/ SUPPLIER, terminate the CONTRACT/ PURCHASE ORDER in whole or in part:

a) If the CONTRACTOR/ SUPPLIER fails to complete any or all the jobs within the time period(s) specified in the CONTRACT/ PURCHASE ORDER, or

b) If the CONTRACTOR/ SUPPLIER fails to perform any other obligation(s) under the

CONTRACT/ PURCHASE ORDER, c) If the CONTRACTOR/ SUPPLIER, in either of the above circumstances does not rectify

his failure within a per iod of 30 day s (or such longer period as the OWNER may authorise in writing) after receipt of the default notice from the OWNER.

25.1.2 In the event the OWNER terminates the CONTRACT/ PURCHASE ORDER in whole or

in part, pursuant to para 25.1 the OWNER may take alternative action upon such terms and in such manner as it deems appropriate similar to those provided in the CONTRACT/ PURCHASE ORDER for incomplete portion and the CONTRACTOR/ SUPPLIER shall be l iable to the owner for any excess costs for such similar jobs. However, the supplier shall continue performance of the CONTRACT/ PURCHASE ORDER to the extent not terminated.

25.2 Termination For Insolvency

The OWNER may at any time terminate the CONTRACT/ PURCHASE ORDER by giving written notice to the CONTRACTOR/ SUPPLIER, without compensation to the CONTRACTOR/ SUPPLIER, if the CONTRACTOR/ SUPPLIER becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has occurred or will accrue thereafter to the OWNER.

25.3 Termination Of Convenience 25.3.1The OWNER may, by written notice send to the CONTRACTOR/ SUPPLIER, terminate

the CONTRACT/ PURCHASE ORDER, in whole or in part, at any time for his convenience. The notice of termination shall specify that termination is for the OWNER's convenience, the extent to which performance of work under the

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CONTRACT/ PURCHASE ORDER is terminated and the date upon which such termination becomes effective.

25.3.2The GOODS that are complete and r eady for handover, within 30 days after the

CONTRACTOR/ SUPPLIER's receipt of notice of termination shall be paid by OWNER at the CONTRACT/ PURCHASE ORDER terms and prices. For the remaining jobs, the OWNER may opt:

a) To have any portion completed at the CONTRACT/ PURCHASE ORDER terms

and prices; and/or b) To cancel the remainder and pay to the CONTRACTOR/ SUPPLIER an agreed

amount for partially completed jobs and f or materials and par ts previously procured by the CONTRACTOR/ SUPPLIER, in which event such goods shall be the property of the OWNER.

26.0 FORCE MAJEURE 26.1 Neither the CONTRACTOR/ SUPPLIER nor the OWNER shall be considered in default

in the performance of their CONTRACTUAL obligations under the CONTRACT/ PURCHASE ORDER, as long as such per formance is prevented or delayed for reasons, by such act of god, as severe earthquake, typhoon or cyclone (except monsoon) floods, lightning, landslide, fire or explosions, plague or epidemics, strike of a whole national category of workers and c oncerted act of workmen or other industrial disturbances (lasting more than 14 c onsecutive calendar days), lockouts, sabotage, blockade, war, riots, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or confiscation of power by military or trade embargoes of destruction or requisition by order of any government or any public authority.

CONTRACTOR/ SUPPLIER shall within one ( 1) week notify OWNER about the occurrence of the force majeure event and provide OWNER details of the arising and ceasing of the impediment. T he time for performance of the respective obligations suspended by the force majeure shall stand extended by the period(s) for which such conditions of force majeure last. CONTRACTOR/ SUPPLIER shall provide justification by documentation countersigned by the local chamber of commerce.

26.2 Should one or both the parties be pr evented 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 execution of the CONTRACT/ PURCHASE ORDER.

The mere shortage of labour, materials or utilities shall not constitute force majeure unless caused by circumstances which are themselves force majeure. I f, due to force majeure delay caused exceeds more than three (3) months, OWNER shall have the right to cancel the CONTRACT/ PURCHASE ORDER at no c harge to OWNER in CONTRACTOR/ SUPPLIER's favour and OWNER shall be ent itled to the reimbursement of any amount already paid to CONTRACTOR/ SUPPLIER.

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26.3 CONTRACTOR/ SUPPLIER shall endeavour to prevent, overcome or remove the cause of force Majeure.

26.4 No ground for exemption can be i nvoked if CONTRACTOR/ SUPPLIER has failed to

give timely notice by registered letter and subsequently supported it by documentary evidence.

27.0 RESOLUTION OF DISPUTES/ARBITRATION 27.1 The OWNER and the CONTRACTOR/ 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 CONTRACT/ PURCHASE ORDER.

27.2 if, after thirty (30) days from the commencement of such informal negotiations, the

OWNER and the CONTRACTOR/ SUPPLIER have been unable to resolve amicably a CONTRACT/ PURCHASE ORDER dispute, either party may require that the dispute, be referred for resolution to the formal mechanisms as specified hereunder.

27.3 LEGAL CONSTRUCTION

Subject to provision of article 27.4, the CONTRACT/ PURCHASE ORDER shall be, in all respects, construed and operated as an Indian CONTRACT/ PURCHASE ORDER and in accordance with Indian laws as in force for the time being and i s subject to the jurisdiction of the Delhi court.

27.4 ARBITRATION In case of Indian vendors/Contractors, the arbitration proceedings shall be governed by

the Indian Arbitration Act, 1996.

Any disputes or differences whatsoever arising between the parties and or relating to the construction, interpretation, application meaning scope operation or effect of this contract or the validity or the breach thereof; shall be settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the SCOPE and t he award made in pursuance thereof shall be final and binding on both the parties.

Further, it is agreed by and between the parties that in case is reference is made to the arbitrator or the arbitrate tribunal for the purpose of resolving the disputes/differences arising out of the contract by and bet ween the parties hereto, the arbitrator or the arbitrate tribunal shall not award interest on the awarded amount more than the rate of SBI PLR or actual interest rate paid by the owner (NFL), whichever is lower; prevailing on the date of award of contract.

In case of foreign suppliers/Contractors, the proceedings shall be in accordance with the rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) by three arbitrators appointed in accordance with said rules. The arbitration venue shall be other than country of Owner/Supplier and proceedings shall be in English language..

28.0 GOVERNING LANGUAGE

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28.1 CONTRACT/ PURCHASE ORDER shall be written in English language as specified by the OWNER in the instructions to bidders. A ll literature, correspondence and other documents pertaining to the CONTRACT/ PURCHASE ORDER which are exchanged by the parties shall be written in English language. Printed literature in any other language shall only be c onsidered, if it is accompanied by English translation. For purpose of interpretation, English translation shall govern and be binding on all parties.

29.0 NOTICES 29.1 Any notice given by one party to the other, pursuant to this CONTRACT/ PURCHASE

ORDER shall be sent in writing or by cable/telegram or telex and confirmed in writing to the address specified for that purpose in the special conditions of purchase.

29.2 A notice shall be ef fective when delivered or on t he effective date, notified in such

notice, whichever is later. 30.0 TAXES AND DUTIES 30.1 A Foreign CONTRACTOR/SUPPLIER shall be entirely responsible for all taxes, stamp

duties, license fees, and other such levies imposed outside the owner's country. 30.2 A local CONTRACTOR/Supplier shall be entirely responsible for all taxes, duties, license

fees etc. Incurred until delivery of the Contracted goods and services to the owner. 30.3 Any income tax payable in India in respect of supervisory services rendered by

contractor/supplier shall be paid and borne by the Supplier/Contractor. 30.3.1 The Contractor/Supplier shall provide all information, documents etc as may be required

by the Owner in connection with determination and discharge of income tax liabilities, if any in respect of consideration for the supervisory services..

30.3.2 Personal income tax payable, if any, in respect of salary of the CONTRACTOR/

SUPPLIER's personnel shall be payable by the individual deputed by CONTRACTOR/ SUPPLIER. T he CONTRACTOR/ SUPPLIER shall, however, consider that the personnel who are to be deputed in India for the rendering of the supervisory services satisfy the following conditions:

1) The stay of such personnel should not exceed 90 days in a financial year. 2) The personnel so deputed should not be a r esident of India and the stay should

not exceed 365 days in any of the four (4) financial years immediately proceeding the financial year in which he arrived in India.

.

30.3.3 As per the existing definition of resident in India, as contained in section 6 of the income tax act (Act 1962), an individual is stated to be a "Resident" in India in any financial year, if

a) he is in India in that year for a period or periods amounting in all to 182 days or

more; or

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b) He is in India for 60 days or more during the relevant previous year and has been in India for 365 days or more during four previous years immediately proceeding the relevant previous year.

Note: Financial year referred to in this article means the year beginning on 1st April and ending on 31st March.

31.0 PATENT INDEMNITY 31.1 CONTRACTOR/ SUPPLIER hereby warrants that the use of the materials delivered

under the CONTRACT/ PURCHASE ORDER will not infringe claims of any patent covering such material (to the extent the design for such materials is not furnished by OWNER.). And CONTRACTOR/ SUPPLIER agrees to be responsible for and to defend at its sole expense all suits and pr oceedings against OWNER based on any such alleged patent infringement and t o pay all costs, expenses, judgments and dam ages which OWNER may have to pay or incur by reason of any such suit or proceedings. Notwithstanding the foregoing, CONTRACTOR/ SUPPLIER does not warrant against and shall not be responsible for, claims of patent infringement based solely on the use of such material by the OWNER in combination with other materials or equipment or in the operation of any process other than such process as may be inherent in the use of such materials.

32.0 INDEMNIFICATION 32.1 CONTRACTOR/ SUPPLIER does hereby agree to indemnify and hold harmless the

OWNER from all claims, losses, demand causes of action or suit arising out of the services, labour, equipment, and m aterials furnished by CONTRACTOR/ SUPPLIER hereunder.

33.0 PERMITS AND CERTIFICATES

CONTRACTOR/ SUPPLIER shall procure, at its expenses, all necessary permits, certificates and licenses required by virtue of all applicable laws, regulations, ordinances and other rules in effect at the place where any of the work is to be performed, and CONTRACTOR/ SUPPLIER further agrees to hold OWNER harmless from liability or penalty which might be imposed by reason of any asserted or established violation or such laws, regulations, ordinances or other rules. OWNER will provide the necessary permits for CONTRACTOR/ SUPPLIER's personnel to undertake any work in India in connection with the CONTRACT/ PURCHASE ORDER.

34.0 INSTRUCTION FOR INVOICING AND PAYMENT DOCUMENTATION 34.1 INVOICING

Invoicing shall be in compliance with the stipulations of the CONTRACT/ PURCHASE ORDER and the following instructions CONTRACTOR/ SUPPLIER is liable for all costs arising from non-compliance with the instructions.

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As far as possible description of goods jobs done in invoice and dispatch document shall match the description in CONTRACT/ PURCHASE ORDER.

The invoices shall be issued in the name of

GENERAL MANAGER I/C NATIONAL FERTILISER LIMITED VIJAIPUR UNIT P.O. NFL TOWNSHIP DISTRICT GUNA, MADHYA PRADESH INDIA

The invoice shall contain the following information:

i) CONTRACT/ PURCHASE ORDER no. ii) Item no., quantity and complete description iii) Item wise net price (unit and total) of the equipment when applicable. iv) Net amount payable by deducting advance payment already invoiced, if any,

and the guarantee retention amount, if any , from the total value of the equipment being invoiced

v) Statement that the equipment are meant for NATIONAL FERTILIZER LIMITED, INSTALLATION OF COOLING WATER

PUMPS ALONG WITH PIPING ALLIED CIVIL WORKS PROJECT, VIJAIPUR, AND DISTT. GUNA, MADHYA PRADESH, INDIA.

vi) Marking, number and quantity of packages as well as contents of each package. vii) Statement that the equipment are exempted from certain specified duties and

taxes in CONTRACTOR/ SUPPLIER's country (in case of foreign CONTRACT/ PURCHASE ORDER).

viii) Partial Shipment or Final shipment

. The country of origin is stated in the separate certificate of origin.

The signed invoices, original and c opy shall be m ade on C ONTRACTOR/ SUPPLIER's letter head and shall be duly signed.

Invoices for advance or progress payment(s) shall state the information under (i),(ii), and (iii). Invoices for guarantee retention money shall state the information under (i) to (viii).

34.2 PAYMENT DOCUMENTATION

The following documents shall be pr esented by CONTRACTOR/ SUPPLIER to CONTRACTOR/ SUPPLIER's bankers to draw payment(s) against letter of credit where such payment(s) is (are) stipulated in the CONTRACT/ PURCHASE ORDER.

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34.2.1 Advance Payment

1) Invoice for ______________in original and two (2) copies. 2) Written, unconditional acceptance of the CONTRACT/ PURCHASE ORDER in one (1) original plus two copies. 3) Bank guarantee in the prescribed proforma of the amount equal to the advance

payment in one (1) copy of original bank guarantee valid up to_________issued or counter guaranteed/confirmed by Scheduled bank.

4) one (1) copy of the original performance guarantee in the prescribed proforma for

10% CONTRACT/ PURCHASE ORDER value valid up to completion period plus defect liability period i ssued or counter guaranteed/ confirmed by a Scheduled bank . The charges for counter guarantee/confirmation, if any, will be to CONTRACTOR/ SUPPLIER's account.

34.2.2 Progressive Payment

1. Invoice for progress payment in original and two (2) copies duly certified by OWNER.

2. Performance certificate from the beneficiary to the effect that progress achieved

is equal to progress invoiced, duly certified by OWNER.

Certificate in one (1) original plus two (2) copies. 34.2.3 Shipment Payment (total payment to be made)

1. Contractors/Supplier’s invoice in original and two copies duly certified by Owner

2. Packing list in 3 copies

3. Inspector’s release note -3 copies

4. Certificate of origin -3 copies

5. Full set of on board clean ocean Bill of Lading/ Air way bill as the case may be and 2 copies or FCR(Forwarding Agents Certificate of Receipt) in original and 2 copies

6. 3 copies of letter/cable to Owner’s insurance company

7. Freight bill in one original plus 2 copies showing gross and net freight and freight rebate if any

8. Test certificate including mill test certificate in 3 copies

9. 3 copies of the registered letter transmitting documents to Owners Clearing agent

10. 3 copies of the letter transmittals transmitting documents to other addresses.

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11. Certificate from owner that Performance Bank Guarantee has been received by Owner.

35.0 SPECIFICATIONS 35.1 CONTRACTOR/ SUPPLIER agrees that all equipment or materials furnished will be in

strict accordance with the specifications, provided however, that any apparent omission or error in the specifications will be m et by the CONTRACTOR/ SUPPLIER if such omission is necessary for the functioning of the equipment or material to be supplied and that the CONTRACTOR/ SUPPLIER, prior to proceeding with the work under CONTRACT/ PURCHASE ORDER, will call to the attention of OWNER any such omission or error or ambiguity in the specifications requiring clarification.

36.0 GENERAL INFORMATION 36.1 In the event that terms and c onditions stipulated in the general conditions of

CONTRACT/ PURCHASE ORDER should deviate from technical specifications stipulated in the CONTRACT/ PURCHASE ORDER, the latter shall prevail.

36.2 LOSSES DUE TO NON-COMPLIANCE OF INSTRUCTIONS

Losses or damages occurring to the OWNER owing to CONTRACTOR/ SUPPLIER's failure to adhere to any of the instructions given by the engineer/OWNER in connection with CONTRACT/ PURCHASE ORDER execution shall be r ecoverable from the CONTRACTOR/ SUPPLIER.

36.3 TRAINING OF PERSONNEL

The CONTRACTOR/ SUPPLIER shall make necessary arrangements for the practical training of reasonable number of technicians/engineers of the OWNER, if so desired, by the OWNER at their works or sub-CONTRACTOR/ SUPPLIER's works of manufacture in the operation and m aintenance of the equipment without any extra cost. The expenses of the trainees shall be borne by the OWNER.

36.4 RECOVERY OF SUMS DUE

All costs, damages or expenses which the OWNER may have paid for which under the CONTRACT/ PURCHASE ORDER, CONTRACTOR/ SUPPLIER is liable, may be recovered by the OWNER (he is hereby irrevocably authorised to do s o) from any money due t o or becoming due t o the CONTRACTOR/ SUPPLIER under this CONTRACT/ PURCHASE ORDER or other CONTRACT/ PURCHASE ORDERs and/ or may be recovered by action at law or otherwise. If the sums due to the supplier be not sufficient to recover the recoverable amount, the CONTRACTOR/ SUPPLIER shall pay to the OWNER, on demand, the balance amount.

36.5 PAYMENT ETC. NOT TO AFFECT RIGHTS OF THE OWNER

No sum paid on account by the OWNER nor any extension of the date for completion granted by the OWNER shall effect or prejudice the rights of the OWNER against the

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CONTRACTOR/ SUPPLIER or relieve the CONTRACTOR/ SUPPLIER of his obligation for the due fulfilment of the CONTRACT/ PURCHASE ORDER.

36.6 CUT OFF DATES

No claims by CONTRACTOR/ SUPPLIER on this CONTRACT/ PURCHASE ORDER shall be ent ertained by the OWNER after three (3) months after expiry of the performance guarantee.

36.7 PARAGRAPH HEADING

The paragraph heading in these conditions shall not affect the construction thereof. 36.8 ENTIRE AGREEMENT

All the terms and conditions of CONTRACT/ PURCHASE ORDER shall supersede any understanding, promise and pr esentation, warranty or conditions which conflicts with terms of CONTRACT/ PURCHASE ORDER. No waiver alternation or modification of any provision here to shall be bi nding on ei ther party unless approved in writing by the parties to CONTRACT/ PURCHASE ORDER.

36.9 ACCEPTANCE

With the acceptance of CONTRACT/ PURCHASE ORDER with all its terms and conditions, seller waives and c onsiders as void any and al l of seller's general sales conditions.

SPECIAL CONDITIONS OF NFVP/CWP/2013 0 CONTRACT & PURCHASE

ATTACMENT III DOCUMENT NO REV

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AT NFL VIJAIPUR

SPECIAL CONDITIONS OF CONTRACT & PURCHASE



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TABLE OF CONTENTS

SL.NO DESCRIPTION

1.0 DEFINITIONS

2.0 SCOPE OF CONTRACT/WORK

3.0 CONTRACTOR’S OBLIGATIONS

4.0 INSURANCE

5.0 OWNER’S OBLIGATIONS

6.0 IMPORT LICENCE

7.0 WORKS AND CONTRACT TAX

8.0 TIME SCHEDULE

9.0 PRICES AND TAXES

10.0 BILLING SCHEDULE

11.0 MATERIALS SUPPLIED BY PURCHASER

12.0 GUARANTEE FOR TIME OF COMPLETION

13.0 LABOUR AND STAFF

14.0 FINAL ACCEPTANCE

15.0 WORK SCHEDULE AND COOPERATION

16.0 CONTRACT CONDITIONS

17.0 MODE OF CONTRACT



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1.0 DEFINITIONS

Wherever used in the contract and unless inconsistent with or otherwise indicated by

the context, the following terms shall have the meaning as defined hereunder: 1.1 "Commercial Use" shall mean that use of the Plant, which the contract contemplates

or of which it is commercially capable. 1.2 "Commissioning And Guarantee Runs" shall mean complete erection, testing

and providing guarantees as per the contract within stipulated time and guaranteed production and operating cost.

1.3 "Date of Completion" And " Final Acceptance" shall mean the date on which

the plant has been c ommissioned and t he guarantees as set forth in the contract have been proved by the contractor and a certificate to that effect is issued by the Owner.

1.4 "Indian Agent" shall mean the person, firm or company nominated as such by

the contractor to represent the contractor for this contract in India. 1.5 "Mechanical Completion" shall mean completion of erection when:

a) The equipment capable of producing to rated capacities is installed in accordance with drawings, specifications and in accordance with all applicable codes, and laws.

b) All coded pressure equipment are hydrostatically or pneumatically tested once

either in contractor's shop or in the field in accordance with technical specifications. c) Boilers are hydrostatically or pneumatically tested. All non-operating pre-firing

checks are made in accordance with the manufacture's instructions. d) Compressor, pumps, machinery etc. are cold aligned. Couplings are assembled

and guards installed. e) Instruments are installed, inspected and such non-operating checks are made

as to ensure operability in the manner required for the process application. f) Instrument air lines are checked for correct hook up. Airlines are leak tested. Relief

valve are installed prior to this they must have been checked by the contractor in the contractor’s shop.

g) Piping is hydrostatically or pneumatically tested in accordance with the

specifications. Special treatment such as chemical cleaning is done as required by drawing or specifications. Suction screens are installed and test blinds are removed. Spring support anchors and guides are checked for removal of all shipping locks.

h) The electric system is installed and tested in accordance with and t o the extent

required by electrical specifications. All wiring is checked for correct hook up. Motor rotation is checked. All power system protective devices are set.

i) Insulation and dr ying out are completed to the extent necessary to permit start of

commissioning and start up.



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j) Painting is completed

1.6 "Month" shall mean calendar month. 1.7 "Plant/Equipment" shall mean the entire assembly of the equipments/equipment with

specified battery limits stated in the contract. 1.8 "Purchaser" shall mean Owner 1.9 "Precommissioning” shall mean preparation of plant so that it is capable of operating

on a continuous basis for carrying out commissioning activities. 1.10 "Site” shall mean the project location, where the Plant shall be located and for which

this contract has been issued. 1.11 “Performance And Guarantee Test” shall mean all operational checks and

tests required to determine and demonstrate capacity, efficiency, and operating characteristics as specified in the contract documents.

1.12 The Term ‘'Final Acceptance”/ “Taking Over'’ shall mean the O wner's written

acceptance of the works performed under the contract, after successful completion of performance and g uarantee tests, as specified in the accompanying technical specification or otherwise agreed in the contract.

1.13 “Commercial Operation” shall mean t he c onditions of oper ation in which the

complete equipment covered under the contract is officially declared by the Owner to be available for continuous operation at different loads upto and including rated capacity. Such declaration by the Owner, however, shall not relieve or prejudice the contractor any of his obligations under the contract.

1.14 “Defects Liability Period” shall mean the twelve months period commencing from

the successful completion of erection and commissioning and during which the contractor shall remain liable to repair or replacement of any defective part of the works performed under the contract. W ords ‘guarantee period’ and ‘ maintenance period’ wherever used shall also have the same meaning.

2.0 SCOPE OF CONTRACT/WORK 2.1 The scope of work is for supply of pl ant, m achinery, equipment, ac cessories,

auxiliaries, spares and ot her related items but not limited to manufacturing, packing, supplying, arranging shipping and m arine i nsurance, pr imary pr otection and testing of individual items and i n as sembly w here nec essary construction, assembly, erection, testing, commissioning etc.

2.2 Clearance of imported equipment, transportation to site, unloading, transportation,

handling, site assembly, fabrication, insulation, painting, arranging commissioning spares, performance and guarantee test runs as per contract specifications.

2.3 Any additional equipment whether mentioned or not, but which is necessary for the

satisfactory operation and maintenance of plant and for achieving the guaranteed performance of the plant shall be supplied, erected and commissioned by contractor at no additional cost to the Owner as though such equipments were originally specified and formed part of scope of work.



SHEET 5 OF 13

NFVP/CWP/2013

2.4 The scope of contract shall include spare parts necessary for two years satisfactory

operation and m aintenance of the plant and s hall be s upplied alongwith the main equipment and all special tools and tackles required for the maintenance of plant. Owner shall s pecify in the contract the spares to be pur chased and total price shall be adjusted accordingly.

2.5 Handing over all two year spare parts to Owner item- wise with item tags with information

and in the manner desired by Owner either after receipt or after acceptance of plant at option of Owner. Contractor shall also give such drawings, catalogues, sketches and literature that the Owner shall specify in the contract.

3.0 CONTRACTOR'S OBLIGATIONS The Contractor shall execute the order leading to handing over the Equipment/Plant

to Owner/Purchaser in a f ully s atisfactory working condition after commissioning and guarantee test run. Some of the major items which are only indicative to be performed by Contractor are stated below:

3.1 The Contractor shall arrange to clear the imported goods at custom and transport the same

to site. 3.2 Arrange for despatch of equipment by rail/road to rail head destination, site, follow up

delivery of equipment and be r esponsible for all losses and demurrages including at the port.

3.3 Unload the equipment from rail/truck and transport thereafter to the storage or at site check

and arrange for proper receipt and storage. 3.4 Owner shall provide crane for material handling to the Contractor at site on chargeable basis

subject to availability. 3.5 Install and maintain additional light and power points, from one point at battery limit to be

provided by Owner in conformity with the Indian electricity rules in force.

3.6 Arrange for proper storage and security of equipment/materials. 3.7 Make own postage, telephones and telegram arrangement and bear such expenditure. 3.8 Provide all consumables, tools, tackles, scaffolding etc. during testing and commissioning till

final acceptance. 3.9 Provide all civil drawing, plant illumination drawings and f oundation bolts and sleeves

drawing in accordance with contract specifications. 3.10 The Contractor shall be responsible for obt aining necessary appr ovals f rom t he

various statutory authorities including IBRD. 3.11 Wherever applicable, the Contractor shall be fully responsible for pursuing the inspectorate

of boilers in India at no extra cost to the Owner/purchaser.



SHEET 6 OF 13

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3.11.1 Hiring charges:

S. N Equipment Hire charges Rupees per hour

1. 8 Te crane 1050.00

2. 18 Te crane 3700.00

3. 35 Te crane 5330.00

4. 75 Te crane 5650.00

5. 120 Te crane 32050.00

6. 400 Te crane 33800.00

7. 20 Te trailor 1690.00

8. Fork lifter 720.00

9. Diesel Air compressor 1500.00

10. Road roller 1100.00

3.11.2 TERMS AND CONDITIONS FOR THE USING OF NFL MOBILE CRANES AND HEAVY EARTH MOVING EQUIPMENTS

1) The equipment will be charged for a minimum period of one hour; part of an hour will be counted as full one hour.

2) The time will be c ounted from the time the machine is taken from its normal place of parking and back to the same place irrespective of the fact that machine is kept working or idle by the contractor.

Explanations:

• Normally the machines are parked in the specified parking yard and shall be available from there. The hours to be charged shall be counted from the time the machine leaves the yard to the time the machine comes back to the yard

• In case the machine is parked in a particular plant and comes back to the yard after doing the contractor’s work, the hours shall be counted from the time the machine leaves the plant till it comes back to the yard.

• In case the equipment is parked in a plant and after doing the contractor’s work is again sent back to the plant, the hours charged shall be from the time the equipment leaves the plant to the time it comes back there.

3. The requisition shall be submitted by the contractor in the prescribed format, signed by the authorized representative of the contractor and c ountersigned by the concerned officer of NFL, well in advance.

4. Normally the equipment shall be made available only during normal working hours i.e 08 00 hrs to 17 00 hr s, but in case the equipment is required to work beyond normal hours the overtime payable to the workmen of NFL shall be to the contractor’s account. The security / safety of the machine will be the responsibility of the contractor during the time it is working for him.



SHEET 7 OF 13

NFVP/CWP/2013

5. The logbook shall be signed by the Operator and the authorized representative of the contractor immediately after the work is over. It shall also be c ountersigned by the requisitioning officer of NFL or his representative.

6. In case there is a breakdown on the machine while it is with the contractor, the time during which the machine is under breakdown shall not be charged. The breakdown will be reported to the NFL Engineer immediately and t he effective time of breakdown shall be counted from the time the breakdown is reported to the NFL Engineer till the machine is made available in running condition to the contractor. This down time shall be recorded in the logbook and counter signed by the NFL Engineer.

7. The machine can be withdrawn by the NFL from the contractor for repair maintenance and for any other reasons at the discretion of NFL.

8. The contractor will not attempt overloading beyond the capacity of the machine.

9. The machine will be operated only by the operators, assigned for this purpose by NFL.

10. For taking the equipment outside the factory boundary wall special permission will be needed to do so.

11. In case of any accident on t he machine the same will be r eported to the NFL Engineer immediately.

12. The equipments are made available to the contractor with the clear understanding that in case of any loss due t o the failure of the NFL equipment, while it is working with the contractor, NFL shall not be responsible for the same and all losses and claims shall have to be borne by the contractor himself. The contractor’s liability shall also include the loss to the equipment.

13. The equipment shall be made available to the contractor subject to their availability.

14. Extension / Shortening of the crane boom-length, if required by the contractor for facilitating execution for his job, shall be Contractor’s responsibility. However, no hiring charges shall be leviable during the execution of the extension/shortening of boom-length

4.0 INSURANCE

4.1 The Contractor at his cost shall arrange, secure and maintain all insurance as may be

pertinent to the works and obligatory in terms of law to protect his interest and interest of Owner, against all perils detailed herein. The Form and the limit of such insurance as defined herein together with the under-writer in each case shall be acceptable to the Owner. However, irrespective of such acceptance, the responsibility to maintain adequate insurance coverage at all times including third party liability during the period of contract shall be as of Contractor alone. The contractor’s failure in this regard shall not relieve him of any of his contractual responsibilities and obligations. The insurance covers to be taken by the contractor shall be in the joint names of Owner and the Contractor. The Contractor shall, However, be authorised to deal directly with insurance company or companies and shall be responsible in regard to maintenance of all insurance covers .Further the insurance should be in freely convertible currency.

4.2 Any loss or damage to the equipment during handling, transportation, storage, erection,

putting the equipment into satisfactory operation and all activities to be performed till the successful completion of trial operation of the plant shall be t o the account of the contractor. The contractor shall be r esponsible for reference of all claims and m ake good the damages or loss by way of repairs and/or replacement of the equipment,



SHEET 8 OF 13

NFVP/CWP/2013

damaged or lost. The transfer of title shall not in any way relieve the contractor of the above responsibility during the period of contract. The contractor shall provide the Owner with copies of all insurance policies and documents taken out by him in pursuance of the contract. Such copies of documents shall be submitted to the Owner immediately after such insurance coverage. The contractor shall also inform the Owner in the writing at least sixty (60) days in advance regarding the expiry/cancellation and/or change in any of such documents and ens ure revalidation, renewal etc. as may be necessary well in time.

4.3 License /facilities, to the extent it remains the responsibility of the Owner, in respect of

supplies to be made by the foreign supplier from outside India required for purposes of replacement of equipment lost in transit and /or during erection and /or during storage shall be made available by the Owner. Contractor shall however, be required to follow the procedure as may be laid down by the Owner to facilitate him arranging such license /facilities. The perils required to be covered under the insurance shall include, but not be limited to fire and al lied risks, miscellaneous accidents (erection risks) workman compensation risks, loss or damage in transit, theft, pilferage, riot and strikes and malicious damages, civil commotion, weather conditions, accidents of all kinds, war risks (during ocean transportation only) etc. The scope of such insurance shall be adequate to cover the replacement/reinstatement cost of the equipment for all risks till the equipment is taken over by the Owner. The Owner will have no objection to Contractor’s taking two insurance policies; one towards marine insurance covering all risks up to and including completion of Goods on CIF Indian port basis and other towards handling at Port , Custom duty, inland transportation, storage, erection and performance of all activities till the equipment are taken over by the Owner. The insurance policies to be taken should be on r eplacement value basis and/or incorporating escalation clause. Notwithstanding the extent of insurance cover and the amount of claim available from the underwriters, the contractor shall be liable to make good the full replacement/rectification of all equipment/materials and to ensure their availability as per project requirements without additional financial liability to the Owners.

4.4 All cost on account of insurance liabilities covered under the contract will be t o the

contractors account and w ill be i ncluded in the contract price. The contractor, while arranging the insurance, shall ensure to obtain all discounts on premia, which may be available for higher volume or for reason of financing arrangement of the project.

4.5 Contractors shall cover insurance from reputed IRDA approved insurance companies. 4.6 The Contractor shall take in the joint name of “Contractor” and "Owner" comprehensive

insurance cover to cover all risk, workmen compensation, 3rd part insurance, Employees State Insurance (ESI) under ESI Act 1948 for Contractor’s personnel, Contractor’s vehicles, Equipment / plant fire risk policy etc. till handing over of Equipment / Plant to Owner duly commissioned and tested.

4.7 The Contractor shall be fully responsible for pursuing and settling all claims with the

underwriters. In the event of accident, injury, damage or loss likely to form a claim under the above insurance policies, the Contractor shall as quickly as possible submit such details as are necessary for settling such claims to underwriters and shall also pr ovide i nformation and as sistance necessary to settle the claim. The Contractor shall also keep Owner/purchaser fully informed about progress of each such case.

4.8 Owner shall be shown as beneficiary in the policy.



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5.0 OWNER'S OBLIGATIONS 5.1 Owner's obligations under this contract shall be limited to the following: 5.2 Owner shall make arrangement to provide the following at one point: a) Water required for construction free of charges at one point. b) Power required for construction free of charges at one point. c) Space to be provided to contractor, Contractor’s will arrange their own covered office

and storage 5.3 Make available area for erection of Plant. 5.4 Make available at one point at site bench mark reference coordinates as may be

necessary. It shall be the responsibility of the Contractor to transfer correctly the levels and coordinates to the Battery Limit for locating equipment within the battery limits.

5.5 Make available to Contractor space (open) for uncovered storage at site. Contractor

shall make own arrangement for constructing covered space for storage of instrument etc.

6.0 IMPORT LICENCE 6.1 Import licence, if and wherever applicable shall be obtained by Owner in the event of

contract awarded to foreign vendors. 7.0 WORKS CONTRACT TAX The prices shall be quoted with a provision of quoting works contract tax / trade tax

separately. Owner will deduct tax at sources as per prevailing rules and issue necessary certificates to this effect to the Contractor. The Contractor shall be entirely responsible for getting their accounts settled with sales tax authorities & shall submit no dues certificate from the competent sales tax authority before clearance of their final bill.

7.2 For Contractors who have to bring equipment and material from outside, Owner shall

issue Form............ However, The Contractor has to get registered with Excise / sales t ax authorities at the territorial state of the project site, if any manufacturing activity to be carried out at site and obtain his own Form as the requirement may be. Vendor has to inform the owner about requirement of Form at least 15 days in advance.

7.3 Owner will not reimburse any amount paid by Contractor as excise duty or any other

taxes / duties for any job including fabrication etc. if not quoted separately in contract price.

8.0 TIME SCHEDULE 8.1 Contractors shall give a complete time schedule activity- wise to meet the completion

time quoted months from the date of letter of intent.



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8.2 The time for completion and phas ed time schedule shall be s ubject to and i n accordance with the provision of sub-article below.

8.3 Neither Owner/Purchaser nor Contractor shall be c onsidered i n def ault in

performance of their obligations if such performance is prevented or delayed by Force Majeure conditions as stated in General Conditions of Contract.

8.4 In case the progress of work is unduly and unr easonably delayed by the Contractor

without sufficient cause, the Owner at the Contractors risk and c ost and w ithout prejudice to any of the rights under the contract reserve the right to;

a) Terminate the c ontract wholly or par tially and c omplete it by the Owner or

reassign it to others after giving 30 days notice in writing to the Contractor to remedy the cause complained of.

b) Make any modifications, deletions, additions to the contract as the Owner may

consider necessary to ensure its satisfactory execution after giving 7 days notice to Contractor to remedy the cause complained of.

8.5 Should the Contractor's preparation for the commencement of the work or any portion

of it or its subsequent rate of progress be from any cause whatsoever, so slow that in the opinion of the Owner, the Contractor will not be able to complete the work or any portion thereof within the stipulated time for completion, the provisions of sub-article 8.4 above shall apply.

8.6 In case of delay in completion beyond stipulated time, notwithstanding the grant of

formal extension of time for completion of work by the Owner, all extra costs, on account of changes in s tatutory regulations/acts or increase in prices on any other account during the extended time, shall be borne by Contractor unless delay is due to the fault of the Owners/purchaser.

9.0 PRICES & TAXES 9.1 The price quoted shall be firm and fixed without any escalation whatsoever on any

account. The prices indicated for spare parts in the item wise lists shall be fixed and not subject to any escalation.

9.2 The Contractor shall ship the material as per shipping instructions in General

Conditions of Contract. 9.3 Contractor shall be entirely responsible for all taxes, duties, licence fees etc. incurred

until completion and handing over of the Plant to the Owner. 9.4 All taxes/levies as may be levied/leviable including income tax in respect of payment to

be made to the contractor under this agreement shall be borne and paid by contractor. The Owner however shall provide all assistance to the contractor/supplier in connection with the same. Any amount which the owner may be required by law to deduct at source towards income tax shall be deducted by the Owner out of the amount payable to the contractor and t he balance amount shall be pai d by the owner to the contractor .The Owner shall however provide the contractor receipts evidencing the payment.

9.5 As regards Indian income tax, surcharge, CESS on income tax, fringe benefit tax any

other corporate tax etc., the Owner shall not bear any tax liability what so ever



SHEET 11 OF 13

NFVP/CWP/2013

irrespective of the mode of contract. The bidder (Whether domestic or foreign) shall be liable and responsible for payment of such tax if attached under the provision of the law.

9.6 All taxes, duties, licence fees and other such levies as may be applied to the contract

both in Contractor's country and in India, including sales tax on bought out items, service tax, excise duty, octroi, corporate income tax in respect of the performance of the contract as well as income tax on the personnel deputed by the Contractor to India in connection with the c ontract, ar e t o t he account of the Contractor alongwith variation thereof during the contract or in extended period, if applicable.

9.7 In case of award of contract to a foreign Contractor the Contractor shall take all

necessary steps and comply with all formalities to get the contract registered with the appropriate Indian custom authorities to have t he various imported equipments including spares assessed at c oncessional custom dut y rates or merit duty as applicable as applicable to project imports.

9.8 In c ase of award of contract to a f oreign C ontractor, the C ontractor shall be

responsible on completion of contract or whenever required to undertake customs reconciliation work with Indian custom authorities and f inalise t he c ustoms assessment by f urnishing t he nec essary t echnical doc uments, t echnical information etc. to the said authorities.

10.0 BILLING SCHEDULE The Contractor shall provide a pr ovisional billing schedule within 30 days from

the effective date of contract. A finalised payment schedule shall be furnished by Contractor for approval of consultant on c ompletion of placements of orders by Contractor for all r aw m aterials, components, other parts of equipment payment will be released by Owner based on payment schedule approved by Owner

11.0 MATERIALS SUPPLIED BY OWNER No material shall be issued by the Owner. 12.0 GUARANTEE FOR TIME OF COMPLETION 12.1 The Contractor shall guarantee the dates of completion calculated from the date of

issuance of Notification of Award (Letter of intent). For the purpose of determining price reduction on ac count of delay in completion the date shall be either the date of completion of commissioning and guarantee runs or the period calculated on the expiry of six months from the actual date of mechanical completion if testing and commissioning is delayed due to reasons not attributable to Contractor.

12.2 Levy of pre-determined charges against price reduction clause for delay in supplies or

completion guarantee runs leading to delay in acceptance or delay in handing over all necessary document specified in technical conditions shall be as per the provision in General Terms and Conditions of contract

12.3 The Contractor shall undertake immediate repair or replacement of the equipment

damaged or lost in transit or during storage assembly, erection and c ommissioning of plant pending settlement of claim thereafter by the underwriters.

13.0 LABOUR AND STAFF



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13.1 The Contractor shall make his own arrangement for labour, erection and

commissioning engineers and all other staff required for carrying out the contract 13.2 The Contractor shall make his own arrangements for providing canteen service to his

labour and staff. Open space for this purpose may be provided by Owner. 13.3 The Contractor shall at his own cost provide office and other accommodation for his

staff and workmen. The contractor shall also provide transport and medical facilities to his staff and workmen.

13.4 The Contractor shall be responsible for all l iabilities and s tatutory obligations and

any other laws i n t his r egard i n f orce f rom t ime t o time regarding the employment or conditions of service of Contractor's workmen or employees and indemnify Owner / consultant for any claim put forth by authorities.

13.5 The Contractor shall observe all safety rules as required under various statutes in

India and shall also strictly adhere to safety regulations of Owner 13.6 TRAINING The Contractor shall provide free of cost to "Owner " facilities for training of about

10 persons of Owner's personnel at Contractor's other installations before the plant goes into operation, i n t he oper ation and m aintenance of pl ant. The transportation and living expenses of the Owner's personnel shall, however, be borne by Owner.

14.0 FINAL ACCEPTANCE 14.1 After the successful commissioning and guarantee runs the final acceptance and

taking over certificate shall be issued by Owner within 21 days. 15.0 WORK SCHEDULE & COOPERATION 15.1 The Contractor shall draw well in advance detailed schedule of work to be carried

out at site and submit the same to the consultant for approval of the Owner. 15.2 The Contractor shall not object to the execution of the work by other Contractors or

tradesmen and offer them every facility for the execution of their several works simultaneously with Contractors work. Contractor shall at all times provide sufficient fencing, notice boar ds, l ighting and w atchmen to protect and w arn the public and guard t he works and i n default t here of O wner m ay pr ovide such facilities at Contractor's cost.

15.3 Owner shall be at liberty to object to employment of any person at work site and

the objection shall be c ommunicated in writing and C ontractors shall make immediate arrangements for removal of such person.

16.0 CONTRACT CONDITIONS 16.1 Wherever the terms & conditions in Special Conditions Of Contract are at variance

with General Conditions of Contract and any provision of contract elsewhere, special conditions shall prevail.



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16.2 Instructions to Bidders (Attachment-I), General Conditions of Contract (Attachment-II), Site Working and Safety Conditions (Attachment-VII) shall also be applicable and form part of Contract.

17.0 MODE OF CONTRACT 17.1 Notwithstanding any thing s tated elsewhere in t he bid documents, i n the case of

domestic bidder the contract to be aw arded shall be on the basis of supply-cum-erection contract on s ingle source responsibility. The supply portion of the contract will relate to the supply of equipment and materials and the erection portion will relate to transportation, storage erection / construction, testing, commissioning, etc.

17.2 Notwithstanding anything stated above, if the foreign bidder in his proposal offers

equipment partially of Indian and partially of foreign origin, the such foreign bidder if it so desires, may enter into one contract for all the equipments both of Indian and foreign origin and the second contract for services to be performed in India as defined earlier. In the above case also, the bidder may ask for nomination of nominee/assignee i n r espect of the second contract for the services t o be performed i n India. Alternatively the bidder if i t s o wishes can enter into single contract with the Owners covering the supply of all equipments (both Indian and foreign) and all the services to be performed in India. It may be noted that

No request from the bidder seeking split up of the supply contract into two contracts,

one for the Indian supply and the other for the foreign supply would be entertained.

17.3 In case of two contracts or where the Owners hands over his equipment to the

Contractor for executing the contract, then the Contractor shall at the time of taking delivery of the equipment through bill of lading or other despatch documents be required to execute an indemnity bond in favour of Owner in the form acceptable to Owner for keeping the equipment in safe custody and t o utilise the same exclusively for the purpose of the said contract

17.4 The contract shall be in all respects be construed and governed in accordance with the

Indian laws. 17.5 It i s clearly understood that the t otal c onsideration for t he c ontracts has been

broken up i nto various components onl y f or t he convenience of payment in advance under the contract and for the m easurement of deviation or modification under the contract(s)

BID FORM , PRICE SCHEDULES & NFVP/CWP/2013 0

SUMMERY OF TERMS AND CONDITION DOCUMENT NO REV ATTACHMENT - IV SHEET 1 OF 15

NFVP/CWP/2013

INSTALLATION OF COOLING WATER PUMPS ALONG WITH PIPING AND ALLIED CIVIL

WORKS

AT NFL VIJAIPUR

BID FORM ,

PRICE SCHEDULES AND

SUMMARY OF TERMS AND CONDITIONS

BID FORM & PRICE SCHEDULES NFVP/CWP/2013 0

SUMMERY OF TERMS AND CONDITION DOCUMENT NO REV ATTACHMENT –IV SHEET 2 OF 15

Table of contents

SL. NO.

DESCRIPTION

1.0 Bid Form Form - A

2.0 Foreign Bidder

2.1 Price Schedule for Foreign Bidders Form B.1

2.2 Summary of Terms and Conditions Quoted (Foreign Bidder) Form B.2

3.0 Indian Bidder

3.1 Price Schedule for Indian Bidders Form C.1

3.2 Summary of Terms and Conditions Quoted (Indian Bidder) Form C.2


SUMMARY OF TERMS AND CONDITION DOCUMENT NO REV ATTACHMENT - IV SHEET 3 OF 15

NFVP/CWP/2013

Bid Form -A

Offer No. : _________________

Sub: - ITB No. ________________________ for Supply of______________________ Due for closing _________________________ at _________________ reference to your subject Invitation to Bid (ITB) we are pleased to submit our Bid for the Supply of _______________________________________________________ in double sealed covers as detailed below : Part-I Bid Security and Pre-qualification Criteria Part-II Technical and Unpriced Commercial Bid i) ii) iii) Part-II Priced Bid i) ii) iii) We undertake that in the event of acceptance of our Bid within the validity period of ____________________ days, this Bid as modified by our written changes/ amendments till date of notification of award, together with your written notification of award shall constitute a binding contract between us until a formal Contract / Purchase Order is prepared and executed. We understand that you are not bound to accept the lowest or any Bid that may be received. Dated this ______________________ day of ____________________ 2013. Authorized Signatories



NFVP/CWP/2013

PRICE SCHEDULE FOR FOREIGN BIDDER - FORM B.1

(To be completed by Foreign Bidder)

ITB NO ____________________ BID REF. NO._____________

NAME OF BIDDER ___________ COUNTRY.___________ CURRENCY OF THE BID____

PART A : SUPPLY OF MATERIALS

Item Description Qty Unit price*

FOB Port of shipment

Total FOB Price (3x4)

Ocean Freight

Marine Insurance

Total CIF price (Indian Port)

(5+6+7) 1 2 3 4 5 6 7 8

Discount, if any

Total Cost after Discount

i) Total Cost CIF as at Column ‘8’

ii) Packing, forwarding charges* Included in FOB Prices

iii) Testing charges as per ITB requirement * Included in FOB Prices

iv) Third Party Inspection Charges by Lloyd, BV & TUV Included in FOB Prices

v) Custom clearance, Port handling and other related charges

vi) Custom duty @ ____% on (i+ii+iii+iv+v)

vii) Transportation to site in India ( Inland transportation)

viii) Cost of Commissioning Spares ( FOT Site )

ix) Cost of spares for 2 years operation ( FOT Site )

x) Any other Taxes and Duties, if applicable (please specify)

xi) PART A: TOTAL FOR SUPPLY OF MATERIALS (i to x) (Total FOT Site)



NFVP/CWP/2013

PRICE SCHEDULE FOR FOREIGN BIDDER - FORM B.1

(To be completed by Foreign Bidder)

Item Description Unit Total Amount

i) Unloading, handling, Storage, Assembly/Fabrication and Erection L.S

ii) Allied Civil Construction work L.S

iii) Commissioning & Guarantee test f or Final acceptance L.S

iv) Comprehensive Insurance till duly erected and commissioned plant L.S

v) Service Tax @____on Item Nos. ……….. above (Please indicate % and Items Nos for which service tax is applicable)

L.S

vi) Any other Taxes and D uties, if applicable (please specify) L.S

PART B: TOTAL FOR SUPPLY OF SERVICES (i to v) L.S

SL NO. DESCRIPTION TOTAL AMOUNT

1 TOTAL FOR SUPPLY OF MATERIALS – PART A

2 TOTAL FOR SUPPLY OF SERVICES – PART B

3 TOTAL COST OF ERECTED AND COMMISSIONED PLANT (PART A+ PART B)

1 Completion Period duly commissioned at site

________Months from Issuance of Notification of Award

SIGNATURE & SEAL OF BIDDER_____________ DATE:__________



NFVP/CWP/2013

PRICE SCHEDULE FOR SPARES PARTS

(To be completed by foreign bidder)

ITB NO _______________________ BID REF. NO.___________________

NAME OF BIDDER ___________ COUNTRY.________ CURRENCY OF THE BID____

Main Equipment Reference

Description of

Spares.

QUANTITY

PRICE

For Commissionin

g Spares

For 2 years Opn

Minimum

Spares

For 2 year

s Opn. Additiona

l Spares

Total No.

Unit Rate FOB

Port of shipmen

t

Total FOB Port

of shipment

(6x7)

Marine Insura

nce

Ocean Freight

1 2 3 4 5 6 7

8

9 10

Discount, if any


Sl. No. Description For

Commissioning Spares

For 2 years Operation

Minimum Spares


Additional Spares

A

CIF Indian Port ( FOB+ Marine Insurance + Ocean Freight (Mumbai )

B Custom duty , Custom clearance ,Port handling and other related charges

C Inland Transportation & handling +Inland Insurance

D DULY DELIVERED PROJECT SITE PRICE (FOT Site)




NFVP/CWP/2013

PRICE SCHEDULE FOR INDIAN BIDDER – FORM C.1

(To be completed by Indian Bidder)

ITB NO _______________________ BID REF. NO.___________________

NAME OF BIDDER ___________ CURRENCY OF THE BID_________________

PART A : SUPPLY OF MATERIALS

Item Description Quantity

FOT * Works basis

Unit Price(Rs.)

Total FOT Works

Price(4X3) (Rs.)

Trans-portation

charges to Site (Rs.)

Total price FOT SITE (5+6) (Rs.)

1 2 3 4 5 6 7

Discount, if any


i) Total as at Column 5

ii) Packing and Forwarding Charges Included*

iii) Testing Charges as per ITB requirement Included*

iv) Third party inspection charges Included*

v) Total cost FOT Works (i to iv)

vi) Excise duty @ ____ on (v) above

vii) VAT/Sales Tax @___ , against form ‘C’, if applicable, on (v + vi) above

viii) Transportation Charges up to site

ix) Cost of commissioning spares (FOT site)

x) Cost of spares for 2 years operation (FOT site)

xi) Any other Taxes and Duties, if applicable (please specify)

xii) PART A: TOTAL FOR SUPPLY OF MATERIALS (i to xi) (Total FOT Site)



NFVP/CWP/2013

PRICE SCHEDULE FOR INDIAN BIDDER – FORM C.1

(To be completed by Indian Bidder)

Item Description Unit Total Amount (Rs.)

i) Unloading, handling, Storage, Assembly/fabrication and Erection L.S

ii) Allied Civil Construction work L.S

iii) Commissioning & Guarantee test f or Final acceptance L.S

iv) Comprehensive Insurance till duly erected and commissioned plant L.S

v) Service Tax @____on Item Nos. ……….. above (Please indicate % and Items Nos for which service tax is applicable)

L.S

vi) Any other Taxes and D uties, if applicable (please specify) L.S

PART B: TOTAL FOR SUPPLY OF SERVICES (i to v) L.S

SL NO. DESCRIPTION TOTAL AMOUNT (Rs.)

1 TOTAL FOR SUPPLY OF MATERIALS – PART A

2 TOTAL FOR SUPPLY OF SERVICES – PART B

3 TOTAL COST OF ERECTED AND COMMISSIONED PLANT (PART A+ PART B)

B. Completion Period duly commissioned at site ________Months from Issuance of of Notification of Award

C. CIF Value of Import Content Rs Rate of Custom Duty Considered D Domestic Value added to manufacturing cost as % of

works price

E Estimated weight of the consignment F Estimated Volume




NFVP/CWP/2013

PRICE SCHEDULE FOR SPARES PARTS

(To be completed by Indian bidder)

ITB NO _______________________ BID REF. NO.___________________

NAME OF BIDDER ___________ CURRENCY OF THE BID_________________

Main Equipment Description

Quantity FOT Works

For Commiss

ioning Spares

For 2 years

Operation

Minimum Spares

For 2 years Operation Additional

Spares

Total No.

Unit Rate (Rs.)

Total (Rs.) (6x7)

1 2 3 4 5 6 7 8

Discount, if any


Sl. No. Description For

Commissioning Spares (Rs.)


Minimum (Rs.)


Additional (Rs.) A Excise Duty @

B Sales tax @

C Any other taxes and duties : Quoted / Not Applicable

D Transportation Charges up to site

E DULY DELIVERED PROJECT SITE PRICE (FOT SITE)




NFVP/CWP/2013

Summary of Terms & Conditions- Form B.2

(Foreign Bidder must Confirm / Comment Point by Point)

ENQUIRY (ITB) NO: ______________________OFFER NO: ____________________ ITEM:_________________________ BIDDER: ______________________________ We confirm/ clarify as follows:

SL.NO DESCRIPTION BIDDER'S CONFIRMATION / ACCEPTANCE

1.0 PRICE QUOTED AS PER THE PRICE SCHEDULE

CONFIRMED

1.1 PRICE QUOTED – IN CURRENCY

:____________

2.0 QUOTED FIRM PRICES TILL HANDING OVER OF THE ERECTED & COMMISIONED EQUIPMENT/ PLANT.

: CONFIRMED

3.0 DISCOUNT, IF ANY : GIVEN/ NOT GIVEN

4.0 TAXES & DUTIES ALL TAXES, DUTIES AND LEVIES, LAWFULLY ASSESSED AGAINST THE OWNER AND THE CONTRACTOR IN PURSUANCE OF THIS CONTRACT, WILL BE TO CONTRACTOR’S ACCOUNT. I F REQUIRED, THE CONTRACTOR SHALL HAVE HIMSELF TO GET REGISTERED WITH LOCAL SALES TAX AND SERVICE TAX AUTHORITIES AT SITE.

CONFIRMED

5.0 NAME & ADDRESS OF INDIAN AGENT, IF ANY :

A) PERCENTAGE OF AGENCY COMMISSION INCLUDED IN THE QUOTED PRICES.

B) ADDRESS OF AGENT AND NAME OF CONTACT PERSON.

6.0 CUSTOM CLEARANCE, CLEARANCE FROM THE PORT IN INDIA AND TRANSPORTATION UPTO SITE IS INCLUDED IN CONTRACTOR’S SCOPE.

CONFIRMED

7.0 PORT OF SHIPMENT

:

8.0 COMPOSITE INSURANCE THE INSURANCE COVERS SHALL BE I N THE JOINT NAMES OF THE OWNER AND THE CONTRACTOR TO COVER ALL RISKS TILL HANDING OVER OF UNIT (PLANT). (REF.ARTICLE 4.0 OF SCC OF ITB)

:AGREED AS PER ITB

9.0 TERMS OF PAYMENT AS PER ITB.

: AGREED



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10.0 BID SECURITY FURNISHED VALUE VALIDITY

11.0 DRAFT OF BANK GUARANTEE FOR

- ADVANCE PAYMENT AGREED

- PERFORMANCE SECURITY AGREED

12.0 DISCOUNT, IF ANY

- COMMERCIAL DISCOUNT

- REPEAT ORDER DISCOUNT

13.0 SCOPE

- SPARES WITH ITEMIZED PRICE LIST QUOTED / NOT QUOTED

- THIRD PARTY INSPECTION CHARGES QUOTED / NOT QUOTED / NOT APPLICABLE

14.0 COMPLETION PERIOD A) MECHANICAL COMPLETION

_____ MONTHS

B) COMMISIONING AND HANDING OVER

_____ MONTHS

C) EFFECTIVE DATE OF COMPLETION SHALL BE FROM NOTIFICATION OF AWARD BY FAX / LETTER OF INTENT .

: ACCEPTED

15.0 PRICE REDUCTION FOR DELAY : AS PER ITB : ACCEPTED

16.0 FORCE MAJEURE CONDITIONS : AS PER ITB : ACCEPTED

17.0 GUARANTEE / WARRANTIES : AS PER ITB : ACCEPTED

18.0 VALIDITY: 120 DAYS FROM BID CLOSURE DATE : ACCEPTED

19.0 TECHNICAL CONFORMITY WITH TECHNICAL SPECIFICATIONS (STRIKE OUT WHICHEVER IS NOT APPLICABLE)

1. THE OFFER IS AS PER ITB SPECIFICATIONS WITHOUT ANY DEVIATION

: ACCEPTED

2. THE OFFER IS AS PER ITB SPECIFICATIONS WITH ONLY DEVIATIONS ARTICLE BY ARTICLE AS PER ENCLOSED SHEET

: ACCEPTED

20.0 ALL OTHER TERMS AND CONDITIONS AS PER ATTACHMENT-I AND II OF ITB. BIDDER’S PRINTED GENERAL CONDITIONS OF SALE, IF INCORPORATED IN THE OFFER ARE HEREBY WITHDRAWN.

: ACCEPTED



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21.0 BAR-CHART FOR MANUFACTURE AND DELIVERY COVERING MAIN ACTIVITIES

22.0 NAME AND ADDRESS OF BANKER :

23.0 COUNTRY OF ORIGIN: :

24.0 A) ANNUAL TURN OVER 2012-13: B) ANNUAL TURN OVER 2011-12: C) ANNUAL TURN OVER 2010-11:

___________________ ___________________ ___________________

26..0 NAME(CONTACT PERSON )

DESIGNATION:

TELEPHONE NO:

MOBILE NO:

FAX NO

E. MAIL (2 E-Mail IDs to be furnished).

27.0

IT IS CONFIRMED THAT IN CASE ANY OF THE TERMS AND CONDITIONS MENTIONED IN THIS SUMMARY ARE AT VARIANCE WITH THOSE INDICATED ANYWHERE ELSE IN OUR OFFER; THE CONDITION INDICATED IN THIS SUMMARY SHALL PREVAIL.

SIGNATURE & SEAL OF BIDDER ______________ DATE_______



NFVP/CWP/2013

Summary of Terms & Conditions- Form C.2 (Indian Bidder must Confirm/ Comment Point by Point)

ENQUIRY (ITB) NO: ______________________ OFFER NO: __________________ ITEM:________________________________BIDDER: ____________________ We confirm/clarify as follows: SL.NO DESCRIPTION BIDDER'S CONFIRMATION/

ACCEPTANCE 1.0 PRICE QUOTED AS PER THE PRICE SCHEDULE

CONFIRMED

2.0 QUOTED FIRM PRICES TILL HANDING OVER OF THE ERECTED & COMMISIONED EQUIPMENT/

CONFIRMED

3.0 TAXES & DUTIES ALL TAXES, DUTIES AND LEVIES, LAWFULLY ASSESSED AGAINST THE OWNER AND THE CONTRACTOR IN PURSUANCE OF THIS CONTRACT, WILL BE TO CONTRACTOR’S ACCOUNT. I F REQUIRED, THE CONTRACTOR SHALL HAVE HIMSELF TO GET REGISTEREDWITH LOCAL SALES TAX AND SERVICE TAX AUTHORITIES AT SITE.

CONFIRMED

3.1 EXCISE DUTY: THE EXCISE DUTY PAYABLE MAY NOT BE

INCLUDED IN THE BID PRICE AND THE AMOUNT THEREOF MAY BE INDICATED SEPARATELY ALONG WITH THE BASIS AS EXCISE DUTY AND ANY STATUTORY VARIATION IN THE RATE OF EXCISE DUTY WILL BE TO OWNER’S ACCOUNT. (ONLY IF CONTRACTOR / SUPPLIER IS ELIGIBLE FOR SUCH EXEMPTION UNDER TEC)

CONFIRMED

3.2 CENTRAL SALES TAX: CST (CURRENT RATE IS 2%) ON FINISHED GOODS ONLY. SALES TAX ON RAW MATERIALS, COMPONENTS AND DIRECTLY DISPATCHED SUB-BIDDER ITEMS INCLUDED IN THE QUOTED BASE PRICE.

CONFIRMED

3.3 OTHER TAXES: THE APPLICABLE TAX MAY BE INCLUDED IN THE BID PRICE AND DETAILS THEREOF MAY BE INDICATED SEPARATELY.

4.0 COMPOSITE INSURANCE THE INSURANCE COVERS SHALL BE IN THE JOINT NAMES OF THE OWNER AND THE CONTRACTOR TO COVER ALL RISKS TILL HANDING OVER OF UNIT (PLANT). (REF.ARTICLE 4.0 OF A03 OF ITB)

AGREED AS PER ITB

5.0 TERMS OF PAYMENT AS PER ITB, AGREED

6.0 BID SECURITY FURNISHED VALUE VALIDITY



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7.0 DRAFT OF BANK GUARANTEE FOR

- ADVANCE PAYMENT AGREED

- PERFORMANCE SECURITY AGREED

8.0 DISCOUNT, IF ANY

- COMMERCIAL DISCOUNT - REPEAT ORDER DISCOUNT

9.0 SCOPE

- SPARES WITH ITEMIZED PRICE LIST QUOTED / NOT QUOTED

- THIRD PARTY INSPECTION CHARGES QUOTED / NOT QUOTED / NOT APPLICABLE

10.0 COMPLETION PERIOD A) MECHANICAL COMPLETION

_____ MONTHS

B) COMMISIONING AND HANDING OVER

_____ MONTHS

C) EFFECTIVE DATE OF COMPLETION SHALL BE FROM NOTIFICATION OF AWARD BY FAX / LETTER OF INTENT.

: ACCEPTED

11.0 PRICE REDUCTION FOR DELAY : AS PER ITB : ACCEPTED

12.0 FORCE MAJEURE CONDITIONS : AS PER ITB : ACCEPTED

13.0 GUARANTEE / WARRANTIES : AS PER ITB : ACCEPTED

14.0 VALIDITY: 120 DAYS FROM BID CLOSURE DATE : ACCEPTED

15.0 TECHNICAL CONFORMITY WITH TECHNICAL SPECIFICATIONS (STRIKE OUT WHICHEVER IS NOT APPLICABLE)

1. THE OFFER IS AS PER ITB SPECIFICATIONS WITHOUT ANY DEVIATION

: ACCEPTED

2. THE OFFER IS AS PER ITB SPECIFICATIONS WITH ONLY DEVIATIONS ARTICLE BY ARTICLE AS PER ENCLOSED SHEET

: ACCEPTED

16.0 ALL OTHER TERMS AND CONDITIONS AS PER ATTACHMENT-I AND II OF ITB. BIDDER’S PRINTED GENERAL CONDITIONS OF SALE, IF INCORPORATED IN THE OFFER ARE HEREBY WITHDRAWN.

: ACCEPTED

17.0 BAR-CHART FOR MANUFACTURE AND DELIVERY COVERING MAIN ACTIVITIES

18.0 NAME AND ADDRESS OF BANKER :

19.0 PLACE OF MANUFACTURE & DESPATCH :_________________ 20.0 IMPORT LICENCE FOR BOUGHT OUT ITEMS IF REQUIRED TO

BE ARRANGED BY BIDDER :Not Agreed

21.0 CUSTOMS DUTY ON IMPORT COMPONENTS (INCLUDING SPARE PARTS) SHALL BE BORNE AND PAID BY BIDDER. TO BE INDICATED SEPARATELY.

: INCLUDED



NFVP/CWP/2013

23.0 TURNOVER FOR LAST THREE YEARS

i) 2012-13

ii) 2011-12

iii) 2010-11

_____________________ _____________________ _____________________

24..0 NAME(CONTACT PERSON ) DESIGNATION: TELEPHONE NO: MOBILE NO: FAX NO: E MAIL (2 E-Mail IDs to be furnished)

25.0

IT IS CONFIRMED THAT IN CASE ANY OF THE TERMS AND CONDITIONS MENTIONED IN THIS SUMMARY ARE AT VARIANCE WITH THOSE INDICATED ANYWHERE ELSE IN OUR OFFER; THE CONDITION INDICATED IN THIS SUMMARY SHALL PREVAIL.

SIGNATURE & SEAL OF BIDDER ______________ DATE_______

BID SECURITY FORM , PERFORMANCE BANK GUARANTEE FORM , ADVANCE BANK

GUARANTEE FORM ATTACHMENT-V

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AT NFL VIJAIPUR

BID SECURITY FORM, PERFORMANCE BANK GUARANTEE FORM &

ADVANCE BANK GUARANTEE FORM



NFVP/CWP/2013 0


NFVP/CWP/2013

BID SECURITY FORM

DRAFT OF BANK GUARANTEE FOR BID SECURITY DEPOSIT

IN CONSIDERATION OF NATIONAL FERTILIZERS LIMITED (NFL), H AVING IT S REGISTERED OFFICE AT SC OPE COMPLEX, CORE-III, 7 INSTITUTIONAL AREA, LODHI RO AD, NE W DELHI-110 003(HEREINAFTER CALLED NFL WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT INCLUDES ITS SUCCESSORS AND ASSIGNS) HAVING AGREED TO EXEMPT ____________(HEREINAFTER CALLED THE, THE S AID T ENDERER(S)’ WHICH EXPRESSION SHALL U NLESS REPUGNANT TO THE SUBJECT OR CONTEXT INCLUDES HI S SUCCESSORS A ND ASSIGNS) FROM THE DEMAND UNDER THE TERMS AND CO NDITIONS O F TENDER NO ________________FOR___________________HEREINAFTER CALLED “THE SAID TENDERER’ O F SUCH BID SECURITY DEPOSIT FOR THE DUE FULFILMENT BY THE SAID TENDERER(S) OF THE TERMS AND CONDITIONS CONTAINED IN THE SAID TENDER ____________FOR ____________ON PRODUCTION O F B ANK GUARANTEE FOR RS/ . (RUPEES/ ____________________ONLY) 1. WE___________________BANK HEREINAFTER REFERRED TO AS ‘THE BANK’

DO HEREBY U NDERTAKE T O PAY TO NFL AN A MOUNT NO T EXCEEDING R S/ . (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 T ENDER (THE DECISION OF THE COMPANY AS TO ANY SUCH BREACH HAVING BEEN COMMITTED AND LOSS SUFFERED SHALL BE BINDING ON US.

2. WE _________________BANK DO HEREBY UNDERTAKE TO PAY THE 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 T O O R WOULD CAUSE TO OR SUFFERED BY ‘NFL’ BY R EASON O F AN Y 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 T HIS G UARANTEE. HO WEVER, OUR LIABILITY UNDER THIS GUARANTEE SHALL BE RESTRICTED TO AN AMOUNT NOT EXCEEDING RS/ . (RUPEES/ ____________________ONLY)

3. WE ____________________BANK FURTHER AGREE THAT THE GUARANTEE

HEREIN CONTAINED SHALL REMAIN IN FULL FORCE AND 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 P LACED ON T HE S UCCESSFUL TENDERER AND/ OR TILL ALL THE DUES OF NFL UNDER/OR BY VIRTUE OF



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THE SAID TENDER HAVE BEEN FULLY PAID AND ITS CLAIMS SATISFIED O R DISCHARGED OR T ILL A DULY AUTHORISED OFFICER O F NFL CE RTIFIED THAT THE TERMS AND CONDITIONS OF THE SAID TENDER HAVE BEEN FULLY AND PROPERLY CARRIED OUT B Y T HE SAID TENDERER(S) AND ACCORDINGLY DI SCHARGES T HE G UARANTEE. UNLESS A DEMAND OR CLAIM UNDER THIS GUARANTEE IS MADE ON US IN WRITING ON OR BEFORE THE _____________TO INCLUDE 6 M ONTHS CLAIM OVER AND ABOVE THE PERIOD MENTIONED IN T HE PARAGRAPH FOR THE VALIDITY OF THE BANK GUARANTEE I N T HE TENDER W E SH ALL BE D ISCHARGED FROM ALL LIABILITY UNDER THIS GUARANTEE THEREAFTER.

4. WE ______________________________BANK, LASTLY UNDERTAKE NOT TO

REVOKE THIS GUARANTEE DURING ITS CURRENCY EXCEPT WITH THE PREVIOUS CONSENT OF ‘NFL’ IN WRITING.

DATED________________DAY OF______________________200

CORPORATE SEAL FOR BANK.



NFVP/CWP/2013 0


NFVP/CWP/2013

PROFORMA FOR BANK GUARANTEE AGAINST ADVANCE PAYMENT

(On Stamp Paper issued in the Name of the Bank) Guarantee No………………………… Dated……………… In consideration of the National Fertilizers Limited, Vijaipur, Dist. Guna (MP), PIN: 473 111, a Company incorporated under the Indian Companies Act and hav ing its registered office at SCOPE Complex, Core-III, Institutional Area, Lodhi Road, New Delhi 110 003 (hereinafter called "NFL") having agreed to advance a s um of Rs……………. (Rupees…………………………… only) to M/s………………………………….. (Hereinafter called "SUPPLIER") as ………..% advance against supplies against Purchase Order No………………….. Dated……………. for Rs………. (Rupees………………. only) at a simple interest of SBI PLR+1% (presently SBI PLR is 14.45%), per annum. We, ……………………….(Bank), having its registered office at ………………….. (Hereinafter referred to as the "BANK") do hereby undertake to pay immediately on demand by NFL an amount not exceeding Rs………………….. (Rupees…………………. only) [i.e. Rs………….. as Principal Amount and Rs………………………. as Interest for …………. Months].

2. Bank Do hereby undertakes to pay the amounts due and payable under this guarantee without any demur immediately on a demand by NFL. Any such demand made on the Bank shall be conclusive as regards the amount due and payable and the Bank will make the payment immediately without referring to Supplier.

3. The Bank further agrees that the guarantee herein contained shall remain or shall be released to the Supplier when the deliveries are completed, with prior certification by NFL.

4. We………………….. (Bank) further agree with the NFL that NFL shall have the

fullest liberty without the Bank's consent and without effecting in any manner or obligations hereunder to vary any of the terms and conditions of the Purchase Order or to extend time of performance by the Supplier from time to time or to postpone for any time or from time to time any of the powers exercisable by NFL against the Supplier and to forebear or enforce any of the terms and conditions relating to the Purchase Order No…………….. dated………. and the Bank shall not be relieved from our liability by reasons of any such variation or extension being granted to the Supplier or for any forbearance, act or omission on the part of NFL or any indulgence by the NFL to the Supplier or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving Bank.

5. We……………. (Bank) further agree that it shall not revoke this guarantee

during its currency of Guarantee except with the previous consent of NFL in writing.



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NFVP/CWP/2013

6. This guarantee will not be discharged due to the change in constitution of the Bank or the Contractor(s)/Supplier(s). Also the guarantee will not be discharged due to change in the constitution or Management of NFL.

7. We……………. (Bank) agree to extend the validity of the guarantee for the

period(s) as asked for by M/s ………………………….

8. Notwithstanding anything contained herein before, our total liability under this guarantee is restricted to Rs………………… (Rupees……………………………. only) and shall remain in force until………………….. Unless a demand or claim to enforce a c laim under this guarantee is made against us in writing on or before the date i.e……………….. all rights of NFL, under this guarantee shall be forfeited and t he Bank shall be r eleased and di scharged from all liabilities hereunder.

Dated:…………………… Bank…………………………… (Corporate Seal of Bank)



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NFVP/CWP/2013

SECURITY DEPOSIT-CUM-PERFORMANCE BANK 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 c alled BANK) which expression shall unless repugnant to the context or contrary t o the meaning thereof include its successors and assigns on t he one par t 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 dated ____________________(hereinafter called CONTRACT) entered into between National Fertilizers Limited (hereinafter called O WNER and __________________________________________ a C ompany incorporated i n _______________________ (hereinafter c alled C ONTRACTOR) w hich expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and as signs, for supply of ___________________________________________________________ __________________________ As envisaged in the Contract, Contractor has to submit a Security Deposit-cum-Performance Bank Guarantee for Currency of Contract._________. CONTRACTOR accordingly agrees to furnish the Security cum performance Bank Guarantee as hereinafter contained towards fulfilment of all of its obligations under the contract. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. I n pur suance of the Contract, the Bank hereby guarantees as a direct responsibility to OWNER that the BANK is holding the amount of Rs. Currency of Contract ______________________________________at O wner'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 , t he entire am ount 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 Security Deposit-cum-Performance Bank Guarantee have been observed or not shall be f inal and binding on the BANK. In any case, however the Bank’s responsibility under this



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NFVP/CWP/2013

Security Deposit-cum-Performance Bank Guarantee is limited to Rs. ______________________________ ______________________________________. 2. T his Security Deposit-cum-Performance Bank Guarantee shall be v alid for an initial period of _______________________ m onths 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 ex piry of _________________ months af ter the issuance of the above mentioned certificate of commissioning / erection / completion certificate, or 24 months from the date of delivery which ever is earlier the Security Deposit-cum-Performance Bank Guarantee shall become null and void. 3. T his Security Deposit-cum-Performance Bank Guarantee shall be in addition to and shall not affect or be af fected by any other security now or hereafter held by Owner on account of money hereby intended to secure and O wner at i ts 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 affect of discharge the liability of the Bank. 4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Security Deposit-cum- Performance Bank Guarantee w ill r emain i n f orce initially up to __________________ months from the effective date of Bank Guarantee No. ________________ dated ____________ g iven by the Bank to the Owner and subject to provisions of paragraph 2 abov e 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 six m onths f rom 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 i f 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 s ufficient 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. T he 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)

FORMAT FOR EXCEPTIONS AND DEVIATIONS

ATTACHMENT VI

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CWP/2013


AT NFL VIJAIPUR



ATTACHMENT VI

NFVP/CWP/2013 0


CWP/2013

ITB NO.______________________________ ITEM .______________________________________ BIDDER REF NO ________________________NAME OF BIDDER __________________________

BIDDING DOCUMENT REFERENCE SL. NO

DOCUMENT NO.

PAGE NO. CLAUSE NO. SUBJECT DEVIATION

NOTE: 1. If unavoidable, Bidder may stipulate deviations to the requirements of the Bidding

Document only in this format. 2. Bidder shall furnish Technical and Commercial deviations, if any, separately. 3. Any deviations stated elsewhere in the bid shall not be taken into account and

may render the bid non-responsive and liable to be rejected. STAMP & SIGNATURE OF THE BIDDER : ________________________________

NAME OF THE BIDDER : ________________________________

DATE : ________________________________

SITE WORKING AND SAFETY CONDITIONS

NFVP/CWP/2013 0 ATTACHMENT VII DOCUMENT NO REV

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SHEET 2 OF 9

CWP/2013

TABLE OF CONTENTS

SL.NO DESCRIPTION

1.0 PROJECT SYNOPSIS

2.0 SITE ESTABLISHMENT

3.0 SUPERVISION OF WORK

4.0 INSPECTION

5.0 EMPLOYMENT OF LABOUR

6.0 REPORTING

7.0 COMPLETION OF WORK

8.0 INSURANCE CLAIM FOR DAMAGES

9.0 WORKING AND SAFETY REGULATIONS

10.0 ELECTRICAL SAFETY REGULATIONS

11.0 STATUTORY REQUIREMENTS



SHEET 3 OF 9

CWP/2013

1.0 PROJECT SYNOPSIS

National Fertilizers Limited is a Government of India Undertaking engaged in the manufacture of Industrial Chemicals and Fertilizers at its Plants at Bathinda (Punjab), Nangal (Punjab), Panipat (Haryana) and at Vijaipur (M.P.). The present scheme is proposed to be installed at Ammonia-II and Urea-II plants at Vijaipur, District Guna, Madhya Pradesh – 473 111, INDIA.

2.0 SITE ESTABLISHMENT 2.1 The Contractor shall provide all huts, stores, tarpaulins and ot her covers for the

accommodation of hi s staff, w orkmen and m aterials. A ll materials likely to deteriorate in the open shall be stored under suitable cover.

2.2 The Contractor shall advise the Owner within 15 days of the placement of LOI his space

requirement which shall include for office, mess rooms, covered storage, open storage, fabrication space, lavatories etc. D epending on av ailability and r equirement, space shall, for the duration of this contract, be allotted to the contractor but he will not be permitted to make use of any other space without the sanction of the Owner. The use of this space shall strictly be made for the execution of this Contract only. The sanitary conditions of the ground in or around such structures shall, at all times be maintained by the Contractor in a manner satisfactory to the Owner.

2.3 The security of the Contractor's equipment and materials is his own responsibility. He

will ascertain what security arrangements are made on s ite by t he Owner and take further steps/Precautions he may think necessary. T he Owner accepts no liability for loss or damage to the Contractor's plant, tools or materials.

2.4. The material issued to the Contractor, by the Owner will remain under the custody of

the Contractor as a trustee. However, title on the same will remain with the Owner. The Contractor will be responsible for loss or damage to such materials and shall preserve them in good working condition as required for the contract and good construction practices till such time that they are er ected, al igned and f ully i nstalled i n position and handed over to the Owner. In case the Owner feels that arrangements made by the Contractor are not adequate he shall so advise the contractor and the Contractor shall promptly take corrective action. In case the Contractor fails to take corrective action within a reasonable time, the Owner on advice of the consultant shall take such corrective actions and recover the cost thereof from the Contractor's bills. Account of such material on completion of work, shall be rendered and surplus materials returned to the Owner as per instructions of Owner.

2.5 The Contractor shall clear away immediately any rubbish, scrap materials, etc. and

dump the same in the area indicated by the Owner. All construction material shall be neatly stacked in an orderly manner as directed by the Owner and care shall be taken to allow proper access to workmen and easy movement of men, vehicles, cranes and materials.

2.6 The Contractor shall maintain all the dr awings carefully m ounted on t he board of

appropriate size and well protected from the ravages of termites and other insects.

2.7 The Contractor shall not permit the entry to the site of any person not di rectly connected / concerned with the work without first having obt ained the written permission of Owner.



SHEET 4 OF 9

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2.8 The Contractor shall submit a list of tools, tackles, etc. which he w ill use, to perform the work. T he C ontractor shall submit a l ist i n duplicate of all materials, tools and t ackles et c. brought inside the plant site duly signed by Owner's security s taff as per rules laid by Owners at site Project. These tools, etc. shall not be r emoved from the Site till the completion of the job. A gate pass must be obt ained from the Owner in order to remove from Site any tools, materials and equipment.

2.9 All items such as keys, instructions and ot her pertinent data regarding

erection/commissioning and m aintenance should be tagged and c lassified for transmittal in a manner approved by the Owner.

2.10 All employees of the Contractor shall conform to the rules of conduct, etc.

established by Owners. Failure to do so will be sufficient cause for removal of such person from the Site.

2.11 The Contractor will be responsible for providing all plant, tools and tackles,

consumable and scaffolding required for the execution of his work as per the best engineering practices.

2.12 The receipt, off-loading, movement and storage at Site of the entire Contractor's

plant, tools and materials are his responsibility. T he receipt, movement and storage, if required, of material issued by Owners shall be the responsibility of the Contractor.

2.13 Electricity: The Contractor shall advise the Owners/Consultant within 7 day s of the

placement of LOI his electrical power requirements to allow the planning of the temporary el ectrical distribution. P ower, subject to availability, will be made available at one point. Contractor shall make his own arrangement at his cost for drawing power from the Owner's distribution board to his own distribution board. The power supply shall be made available at 415 V, 3 phase 50 Hz, four wire system. Electricity will be made available to the Contractor free of charge.

Contractor may be required to use his diesel driven Generator sets at site. In

his tender, contractor should indicate the no. of diesel Gen. sets that can be deployed by him. All temporary wiring from the supply point for either Power or lighting will be the responsibility of the Contractor.

Contractor's Distribution Board temporary wiring shall be GOI approved/

done by certified electrician and must comply with local regulations and is subject the Owner's inspection and approval before connection to supply. Owner shall provide some flood lights at site. Additional lights if required by Contractor shall be arranged by Contractor.

2.14 (a) Water The Contractor shall advise the Owner within 7 days of the placement of LOI, his

water requirement for hydraulic testing and ot her requirements. A free supply of water will be made available at one point on the site. Any further distribution will be the responsibility of the Contractor.

(b) Plant Air



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The Contractor shall advise the Owner within 7 days of the placement of LOI, his plant air requirement for pneumatic chipping devices and other requirements. A free supply of plant air will be made available from the existing plant air header at utility points available in plant. Any further requirement will be the responsibility of the Contractor.

2.15 Messing & Accommodation: The Contractor will make his own arrangements. No accommodation shall be provided

by Owner. 2.16 First-Aid: The Contractor may have access to the Owner's qualified first-aid personnel and

ambulance, in case of accidents, if available. The Contractor will, however, provide a first-aid post for minor injuries to their staff.

2.17 Safety Equipment: All necessary personal safety equipment like safety belts, helmets,

protective face and eye shields, hand-gloves, overall etc. as required should be made available for the use t o the person em ployed on t he s ite. I t is contractor's responsibility to maintain all safety equipment in good working condition.

3.0 SUPERVISION OF WORK: 3.1 The Contractor shall submit t o t he Owners / Consultant a r esume of hi s s ite-

supervisors for approval prior to commencement of the work. Once approved, the Contractor shall not remove his site-supervisors without prior concurrence of the Owners/Consultant.

3.2 The entire work is to be completed as per the Project time schedule. The programme

of the work in details shall be submitted by the Contractor before commencement of the work. The detailed programmes prepared by the contractor shall conform to the targets set forth in the Time Schedule and will be subject to the approval of the Owners/Consultant. All the work shall be carried out in such a manner that the work of other agencies operating at site is not hampered due to any action of the Contractor.

4.0 INSPECTION: The work of the Contractor is subject to Inspection by the Consultant and/or

Owners at all times. 5.0 EMPLOYMENT OF LABOUR 5.1 The Contractor will be expected to employ on t he work only his regular skilled

employees with experience of this particular w ork. T he permission of the Owners/Consultant must be obtained before tradesmen are recruited locally for the work. T his rule does not apply to un-skilled labour. No person below the age of eighteen years shall be employed. The contractor shall pay, to his employees / workers the minimum wages as per latest State Government notification issued time to time.

5.2 All travelling expenses including provision of all necessary transport to and f rom

Site, lodging allowances and other payments to the Contractor's employees are his own responsibility.



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5.3 The hours of work on the Site shall be decided by the Owners/Consultant and Contractor shall adhere to it Monday to Saturday minimum working hours will be 8 (eight) hours per day excluding lunch break etc.

5.4 Contractor's employees shall wear identification badges while on work site. 5.5 All notices displayed on t he Site and any instructions issued by the Owner must

be strictly adhered to by the Contractor's and/or his sub-contractor's employees. 5.5.1 Contractor shall arrange labour licenses as per rules from concerned authorities at his

own cost. 5.5.2 Contractor will take insurance cover for all his employees against accident etc. 5.6 Contractor will arrange ration cards and permits, if required. 5.7 In case the Owner becomes liable to pay any wages or dues to the labour of the

Contractor or his Sub-contractor or to any Government Agency under any of the provision of the Minimum Wages Act, Workmen Compensation Act or any other law due t o act of omission of the C ontractor, t he Owner shall promptly make such payment and shall recover the same from the Contractor's bills.

5.8 The Contractor shall be required to produce documentary evidence to the effect

that he has discharged his obligations under the Employees Provident Fund Act, 1952, for his / subcontractor’s employees working at site.

5.9 The OWNER shall allocate only space to the Contractor for his labour colony. It shall

be the responsibility of Contractor to provide suitable accommodation including all necessary facilities. However, subject to availability, electricity and water shall be provided at one place on chargeable basis. Further distribution, as required, shall be done by Contractor.

6.0 REPORTING (a) The Contractor must report the following information to the Owner in writing each

Friday:- i) Number of employees, trades-wise; ii) Progress achieved; iii) Expected dates of completion of work;

iv) Any actual or potential delay in programme caused by the action or inaction of Owner and other Contractor working at site.

(b) If during excavation any materials such as but not limited to precious materials or

treasure etc. are found, the same shall be reported to Owner immediately and shall be the property of Owner.

7.0 COMPLETION OF WORK: Before finally leaving site, al l the Contractor's huts, plant, tools and rubbish

must be removed and the site left clean and tidy.



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8.0 INSURANCE CLAIM FOR DAMAGES On receipt of material at site, the Contractor shall promptly check for damages if

any and notify the Owner and shall take necessary action for lodging insurance claim for damages.

9.0 WORKING AND SAFETY REGULATIONS: 9.1 The Contractor will observe all statutory and l egal r equirements of Central and

State Governments applying to the work as well as any local regulations applying to the site issued by the Consultant or any other authority.

9.2 Particular attention is drawn to the following:-

i) In case of accident, the Owner shall be informed in writing forthwith. The Contractor shall strictly follow regulations laid down by Factory Inspector, Government and state authorities in this regard.

ii) Fencing all Contractor's plant, platforms, excavations etc.

iii) Compliance with all electricity regulations.

iv) Compliance with statutory requirements for inspection and t est of all lifting appliances and auxiliary lifting gear.

9.3 Staircases, door s and g angways m ust not be obs tructed in any way that will

interfere with means of access or escape. 9.4 No excavation will be started without t he permission of t he Owner, who will

inform the Contractor of the position of any pipes or cables known to be buried in the area. All excavations must be effectively railed off at all times, or completely broaded over and pr operly marked during the hours of darkness by red warning lamps, using flameproof warning lamps in non-smoking areas. Debris or material which cannot be immediately removed must be heaped in such a way as to leave adequate passage way. Any finds such as relics or antiques coins or fossils, etc. shall be promptly handed over to the Owner.

9.5 The Contractor will notify the Owner of hi s i ntention t o bring on t he site any

equipment, such as space heating or welding appar atus or any container holding liquid or gaseous fuel or other substance which might create a hazard. The Owner will have a right to prohibit the use of such equipment or to prescribe the conditions under which such equipment may be used. The Consultant will have the right to inspect any construction plant, and to forbid its use if in his opinion it is unsuitable or unsafe. No claim arising there from shall be made by the Contractor. The Contractor or any one acting on his instructions will not bring on t o t he site any radio-active substance or any apparatus using such substances or any X-ray apparatus until written permission and direction r egarding t he use of such equipment has been received from the Consultant/ Owner.

9.6 The Contractor will meet all requirements, and act on the instructions of the Owner

where it is necessary to operate a 'permit-to-work' system.



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9.7 Where it is necessary to provide any/ or store petroleum products or petroleum mixtures and explosive, the Contractor shall be responsible for carrying out such provision and/ or s torage i n ac cordance w ith the rules and r egulations l aid down in Petroleum Act, 1934, Explosive Act, 1948 and Petroleum and Carbide of Calcium Manual published by the Chief Inspector of Explosives of India. All such storage shall have prior approvals of the Consultant. In case any approval is necessary from the Chief Inspector of Explosives or any statutory authorities, the Contractor shall be responsible for obtaining the same.

9.8 The Contractor shall have his own fire fighting extinguishers and equipment. 9.9 The Contractor shall be responsible for the provision of all safety notices and

safety equipment required by both the relevant legislation and such as the Owner/ Consultant may deem necessary.

9.10 The Contractor shall be r esponsible for the safe storage of the radio-graphic

sources or those of his sub-contractors. 10.0 ELECTRICAL SAFETY REGULATIONS: 10.1 In no c ircumstances will t he Contractor interfere with fuses and electrical

equipment belonging to the Owner or other Contractors. 10.2 Before the Contractor connects any electrical appliances to any plug or socket

belonging to the other Contractor or Owner, he will -

i) Satisfy the Owner/ Consultant that the appliance is in good working conditions;

ii) Inform the Owner of the maximum current r ating, voltage and phase of the appliance;

iii) Obtain permission of the Owner dealing the sockets to which the appliances may be connected.

10.3 The Owner will not grant permission to plug in until he is satisfied that – i) The appliance is in good condition and is fitted with a suitable plug;

ii) The appliance is fitted with a s uitable cable having two earth conductors, one of which shall be an earthed metal sheath surrounding the cores.

10.4 No electric cable in use by the other Contractor / Owner will be distributed without

prior per mission. N o weight of any description will be imposed on any such cable and no ladder or similar equipment will rest against or be attached to it.

10.5 The voltage for all portable equipment e.g. dr illing machines, temporary lighting

etc. will not exceed 240 volts. 10.6 No work must be carried out on any l ive equipment. T he equipment must be

made safe and a 'permit-to-work ' issued before any work is carried out. 10.7 Contractor shall employ authorised electrician to maintain his temporary electrical

installation. 11.0 STATUTORY REQUIREMENTS:



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The c ontractor shall conform to the provisions of Acts of Parliament or State

Legislatures and to any bye-laws, rules, orders or notifications of any Government, Municipal or local authority for the time being in force affecting the work undertaken by him and will give a ll necessary notices to and obtain requisite sanction and permits of and from the Municipal and any other authority in respect of the said work of the materials to be used threat and generally will comply with building and other regulations of such authorities and w ill keep the Owner indemnified against all claims, penalties and losses that may be incurred by it by reason of any breach by the contractor of any statutes bye-laws, rules regulations, notifications etc.

APPLICABLE INDIAN ACTS RULES AND REGULATIONS

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DOCUMENT NO REV ATTACHMENT –VIII SHEET 1 OF 3

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AT NFL VIJAIPUR



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Applicable Indian Acts, Rules & Regulations 1. Indian Electricity Act (Modified) 1952 (Act IX, 1910) 2. The Electricity Supply Act (LIV) of 1948 3. Factories Act, 1948 4. Indian Explosives Act, 1948 5. Indian Boiler Act, 1884 6. The Petroleum Act, 1934 7. Industrial Disputes Act, 1947 8. Income Tax Act 9. Central Sales Tax Act 10. Madhya Pradesh Sales Tax Act 11. Madhya Pradesh Transfer of Property Act 12. Indian Customs Act 13. Service Tax Act 14. Central Excise Act 15. The Indian Electricity Rule 16. Regulations for the Electrical Equipment of Buildings, 1958 17. IS-5572-1978: Classification of Hazardous Area 18. IS-2148-1968: Flame Proof Enclosures of Electrical Equipment 19. IS-5571-1970: Guide for Selection of Electrical Equipment for Hazardous Area 20. Fire Insurance Regulation 21. National Electrical Code (NEC) of National Fire Protection Association (NEPA) USA 22. Fire Protection Manual (Red-Book) 23. The Petroleum and Carbide of Calcium Manual 24. Explosive Rules, 1940

http://172.21.3.201/cgi-bin/attachments/NIT.doc#Applicable


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25. Indian Boiler Regulations 26. Indian Power Alcohol Rules 27. IS-875-1987: Part 1,2,3,4 and 5 Codes of Practice for Design Loads for Buildings and

Structures. 28. IS-1893-1987: Criteria for Earthquake Resistance Design of Structure IS-4326: Code of

Practice for Earthquake Resistance Design and Construction of Building 29. The Water (Prevention and Control Pollution) Act, 1974, as amended up to date 30. The Water (Prevention and Control Pollution) Rules, 1975 31. The Water (Prevention and Control Pollution)

(Procedure for Transaction of Business) Rules, 1975 NOTIFICATIONS (i) Constitution of Appellate Authority (ii) Delegation of Powers as State Board by the Central Board to various Union

Territory Administrations. 32. The Water (Prevention and Control Pollution) Cess Act, 1977, as amended by

Amendment Act, 1991 33. The Water (Prevention and Control Pollution) Cess Rules, 1978 34. The Air (Prevention and Control Pollution) Act, 1981, as amended by amendment act,

1987 35. The Air (Prevention and Control Pollution) Act, 1982 36. The Air (Prevention and Control Pollution) (Union Territories) Rules, 1983

NOTIFICATIONS (I) The date from which the Act came into Force. (II) Declaration of Air Pollution areas. (iii) Constitution of Appellate authority

37. The Environmental laboratories and Analysis

NOTIFICATIONS (I) Environmental laboratories and Analysis

Officers authorized for taking cognizance of offences.