special terms and conditions - national fertilizers · · 2018-05-12non-transferable tender...

NFL /Elect. /Workshop/Rewinding Motor/10/2011/

NIT (Rewinding of Motors up to 75 KW)

“REWINDING OF L.T. MOTORS UP TO 75 KW, TRANSFORMERS AND

CEILING FAN ETC”

INDEX

SN Particular From

Page

To Page No. of pages

1. Index 1 1 1

2. Tender forwarding Letter 2 2 1

3. Job Specifications & Scope of Work 3 5 3

4. Special Terms & Conditions of the

Contract

6 10 5

5. Annexure-II (Declaration form pertaining

to Service tax).

11 11 1

6. Annexure-I (Undertaking for

Relationship)

12 12 1

7. Annexure-III (Confirmation of

MSMED).

13 13 1

8. Annexure-IV (Documents downloaded

from Website).

14 14 1

9. Annexure-V (Acceptance of Terms &

conditions .

15 15 1

10. Annexure-VI (Undertaking of Price bid

as per SOQ).

16 16 1

11. General Directions and Conditions of

Contract

17 39 23

12. Performa for Schedule of Quantities 40 41 2

13. TOTAL PAGES 41

Note :-

Contractors are requested to see that all the pages of tender document issued to them is intact as

per above index.



Ref No. NFL/Elect. /Workshop/Rewinding Motor/10/2011/ DATE: 28.10.2011

Sealed item rate tenders are invited from the pre-qualified parties for repair/rewinding of LT motors up to

75KW, ceiling fans etc. as per details given below: -

1. Name of work: Repairs/ Rewinding of LT motors up to 75KW, ceiling fans etc.

2. Contract Period: One Year from the date of award of work.

3. Estimated value:

Rs.4, 15,805.50.

4.

Earnest Money: Rs 7200/- (Rs. Seven thousand two hundred only)

Non-transferable Tender Documents can be obtained on any working day during office hours between

28.10.2011 to 28.11.2011 (upto 1200Hrs) from the office of undersigned on payment of Rs. 275/- (Non

Refundable) as a cost of Tender Documents by hand or Rs.325/- by post, through Banker Cheque/

Demand Draft drawn on any Nationalized Bank in favour of National Fertilizers Limited payable at Naya

Nangal/Nangal.

Tenders will be received in sealed covers duly super scribed along with Earnest Money through Banker

Cheque/ Demand Draft drawn on any Nationalized Bank in favour of National Fertilizers Limited

payable at Naya Nangal/Nangal up to 3P.M. on or before 28.11.2011. Cheque shall not be accepted in

any case. The tenderers are to submit the bid in three parts. Envelop E-I for EMD, Envelop E-II for

technical, commercial terms & conditions and GDCC, copy of PAN, copy of Service Tax Registration

Number. The Price Bid only is to be submitted in Envelop E-III. Tenders of the parties not accompanied

with earnest money will not be considered.

The tenders will be opened on 28.11.2011 at 1530 hours in the office of undersigned in the presence of

tenderers or their authorized representative who wish to be present during opening of the tenders.

The pre-qualified parties can download Tender Documents from our Website

www.nationalfertilizers.com. In that case, a Tender document Fee of Rs. 275/- (Non Refundable) is to be

submitted in the form of separate DD in Envelope No.-1 pertains to E.M.D.

NFL shall not be responsible for any Postal delay. NFL reserves the rights to accepts or reject any or all

the tenders in full or part thereof without assigning any reason.

(R. Mishra)

Chief Manager (E)

NATIONAL FERTILIZERS LIMITED (A GOVERNMENT OF INDIA UNDERTAKING)

( An ISO- 9001 &14001 Unit )

FAX : 01887 - 220541

Grams: Fertilizer

NANGAL UNIT, NAYA NANGAL - 140126 Phone: 9478402267 E mail: [email protected]

http://www.nationalfertilizers.com/



JOB SPECIFICATIONS AND SCOPE OF WORK FOR REWINDING/REPAIRS OF LT

MOTORS UP TO 75 KW, CEILING FANS ETC.

1. Complete Rewinding of Motors with Contractor‟s Material:

The job involves dismantling of 230V/415V single/three phase 50 Hz induction motors (up to 75

KW) in Electrical Workshop. The contractor shall take out the burnt/damaged stator to his works

through proper returnable gate pass/entry and carry out their further job of cutting and removal

of stator winding, cleaning of slots, minor repairs of slots by filing, chipping etc. scrapping of

old paper and varnish cutting and insertion of new paper, making of coils from super enameled

copper wire, inserting of coils in slots, providing of inter-coils and inter-set insulation, baking of

stator in the oven. The repaired stator shall be shifted back to the Electrical Workshop through

the same gate pass against which the equipment was taken out. The assembling the motor and

finally taking the trial run including recording of results shall be carried out in the Electrical

Workshop as per the instructions of Engineer-in-charge.

The job involves the replacement of the damaged parts such as fans, bearings, and terminal

block only with prior approval. NFL shall supply spares required for such replacements.

The scope includes supply of all materials by the contractor like wires, insulating papers,

varnish, sleeves, hardware‟s suitable to cable lugs for above work.

Copper Winding Wires:

F Class motors should be wound with only polyster base copper wires for BIC Make shall be

used. All scrap/burnt copper wires shall be contractor‟s property if contractor supplies winding

wire.

Varnish:

Air-drying varnish of Dr. Beck shall be used for motor below 30 KW rating and for motor rating

above 30 KW contractor shall do baking type varnish. If required, NFL shall provide the facility

to use the electric oven.

Insulation Materials:

Contractor shall use best quality suitable for F Class insulations as per requirement of work

having following specifications:

Leathered papers of Paucer West Germany make of 0.82 to 0.83mm thickness.

Polyster papers of 8.2mm thickness (Milinex ) of Micanite Industries or equivalent.

Polyamide (Nomex) insulating paper for Class „F‟ of thickness 0.82 to 0.83mm for slot

insulation and for phase separation of Kremphel or Trivollon.

Polyamide base PVC coated insulating paper of thickness 0.2 to 0.3mm for slot insulation and (7

to 12 mills) phase separation for Class „F‟ Motors.

Empire Cloth

Empire cloth 0.2mm thick best quality shall be used.

Wedges

Hylam F Grade (1/8” to 1/6”) or fiberglass wedges shall be used.



Sleeving:

Fiberglass sleeves shall be used for F Class insulation.

Lead Wires:

Copper flexible wires insulated for F Class shall be used for ICC or NICCO National Make. The

size of the lead wire shall be adequate to the current rating of motor.

Connecting Lugs:

Lugs shall be of Dowell Make of appropriating rating. Lugs shall be connected to the leads by

ICC method of jointing and soldering.

Winding Wires of motor shall not be removed by burning with direct flame. The coils shall be

removed either by burning it with use of DC current or by carefully removing it by mechanical

means. All care shall be taken to prevent any damage to the slots. The slots shall be properly

cleared.

The form and the manner and other technical details such as size, number of turns, pitch etc.,

shall be exactly identical to that of original motor under rewinding and recorded in the Performa

supplied by NFL.

The motors shall be re-winded by use of winding wires and insulating materials of contract

specifications and make as specified above. Brazing using Indian Oxygen make „RUPTUM‟

brazing wires shall make the coil connections. Tinning shall not be permitted for coil

connections. The ends of winding shall be brought to the terminal box with sleeved leads of

proper size. It shall not be brought to the terminal box directly with winding wire. These ends

shall be properly marked for connections.

Testing: You will carry out tests on motor/fans rewound by you. You may use NFL motor test

bench for testing of motor. If required NFL Engineer shall witness the test on motors carried out

by you at your works and test report/completion report of each motor in enclosed format shall be

submitted in duplicate along with motor.

If necessary, contractor shall have to replace any component of motors like bearings, fan

terminal block, bearing housing etc. If contractor wish to take only part of the equipment for

repair, dismantling of it, shall be done by contractor and after rewinding, contractor shall

assemble it. Contractor will bring necessary tools/tackles etc. for this job.

2. Rewinding of transformers with Contractor‟s Material:

Dismantling of transformer, core, rewinding, varnishing, baking, assembling and testing.

Contractor shall supply the complete material required for rewinding.

3. Rewinding of Ceiling Fans with Contractor‟s Material:

The job consists of re-winding of ceiling fans of any size and type received in Electrical

Workshop. The job involves rewinding, replacement of bearings/bushes, capacitors and

overhauling of fans. The tenderer or his authorized technicians has to dismantle the fans and

repair the same by replacing bearing/bushes or rewinding the same with super enameled copper

wire of entire satisfaction of Engineer-in-charge. The fans will be removed and re-installed by

NFL. Contractor shall supply the complete material required for rewinding.

4. Rewinding of Exhaust/Pedestal/Bracket-Fan with Contractor‟s Material:

The job consists of rewinding of exhaust/pedestal/bracket fans of any type received in Electrical

Workshop. The job involves rewinding, replacement of bearing/bushes, capacitors and



overhauling of fans. The tenderer or his authorized technicians has to dismantle the fans and

repair the same by replacing bearing/bushes or rewinding the same with super enameled copper

wire of entire satisfaction of Engineer-in-charge. The fans will be re-installed by NFL.

Contractor shall supply the complete material required for rewinding.

5. Repair of Ceiling/Exhaust/Pedestal/Bracket Fans with Contractor‟s Material:

The job consists of minor repairing of winding/winding leads, replacement of bearings/bushes,

capacitors, overhauling of ceiling/exhaust/pedestal/bracket fans of any make/size up to the entire

satisfaction of Engineer-in-charge. The fans will be removed and re-installed by NFL.

Contractor shall supply the complete material except bushes.

6. Fabrication of New Rotor Shaft for Ceiling/Exhaust/Pedestal/Bracket Fans :

The job involves removal of damaged shaft from the rotor of ceiling/exhaust/pedestal/bracket

fans, fabrication of new shaft and re-fitting the same in rotor, checking the trueness, assembling

the fans with new/old bearings/bushes and finally testing as per instructions of Engineer-in-

charge. Shaft material and its fabrication will be in the scope of tenderer. The fans will be

removed and re-installed by NFL.

7. Transportation Charges:

The shifting of motors to the works of the Contractor and back to NFL Workshop shall be the

responsibility of the Contractor.

8. Materials:

The material supply shall be as mentioned above against each item. The contractor shall submit

the original invoices of all procurements of materials used for all rewinding jobs.

9. Tools and Tackles:

You have to keep all general tools for carrying out day-to-day job. However, special tools such

as bearing/pulley puller, bearing heater, oven, winding m/c, wooden places for making coil

pattern will be provided by NFL. You have to make arrangements for transporting the materials

from main stores, if needed.

10. Completion Time:

Each motor handed over for rewinding shall be repaired/rewound within time stipulated below.

However, in case of multiple motor breakdowns, second/subsequent motor shall be treated as

handed over to the contractor after completion of job on first motor.

Sr. No. Motor/Fans Delivery Time

1. Up to 15 KW 7 Days





6. Ceiling Fans 1200/1400mm Sweep 6 Fans/Week

7. ExhaustFan/Pedestal Fan /Cabin Fan /Circulating Fan 5 Fans/Week

8. Control Transformer 5 Days



Ref No. NFL/Elect. /Workshop/Rew.- Motor/10/11

SPECIAL TERMS AND CONDITIONS OF THE CONTRACT

1. Time Schedule:

The contract will remain valid for a period of one year from the date of issue of Work order /LOI.

However, it can be extended for a period of three months on month-to-month basis at same rate, terms

& condition of the contract at the sole discretion of NFL, which shall be binding.

2. Deduction of Statutory Dues:

The following taxes/duties shall be deducted from the party's bill as per Statutory provisions: -

(a) Income Tax.

(b) Any other statutory levy which may be imposed by Govt.

3. Service Tax:

A. Payment of Taxes & duties.

- The tenderer shall quote their rates inclusive of all taxes & duties excluding service tax.

No request for increase/decrease or inclusion of any taxes shall be entertained afterwards.

- NFL shall not provide „C‟ Form for availing concessional rate of CST towards import of

goods/material by the contractor in the State of Punjab from the other States.

B. Service Tax.

- The tenderer shall separately indicate the portion(amount) of taxable services on which

service tax shall be payable by NFL, in the price bid. The tenderer shall also indicate

the service tax rate and the amount of service tax in the price bid. As regards

portion(amount) of exempted services representing value of goods etc., the necessary

documentary evidence should be available with the tenderer.

- In case tenderer opts composition scheme for payment of service tax, then the amount of

service tax on the value of goods received free of cost from NFL(if any), shall be borne

by the tenderer.

- In case of tenders called under dual bid system, the tenderer shall confirm that all the

columns in the price bid relating to item wise rates and service tax along with totals have

been filled up. This confirmation may be provided in prescribed proforma(Refer

Annexure-I) and submitted along with technical bid in envelop-II.

C. Evaluation of bids.

- The amount of service tax as indicated in the price bid shall be considered for evaluation

of bids for arriving at L-I status.

- If nothing is mentioned in the columns relating to service tax, it shall be construed that

the quoted rates are inclusive of service tax and tenderer is not claiming anything extra

on this account from NFL.

- If in the service tax columns, tenderer fills up the remarks such as, as applicable/service

tax extra/ as per govt rules etc. then it shall be construed that service tax at prevailing

rates is applicable on all the items i.e. on total quoted value of the contract, which shall

be loaded for evaluation purposes for arriving at the status of L-II.

D. Payment on account of Service Tax shall be made based on Invoice/Bill raised by the

party separately indicating the amount of Service Tax, restricted to the quoted

proportion/rate of service Tax. The tenderer must provide copy of service Tax



Registration Number, which should also be mentioned in Invoices/receipts along with

Service Tax Code and accounting code.

E. Any subsequent change in the rate of service tax shall be to NFL‟s account during

contractual period only.

F. As per Service Tax Law the liability towards payment of service tax lies with the service

provider, so NFL is not responsible for non-compliance of the Service Tax Law by the

tenderer.

4. Payment Terms:

Monthly payment against running bills shall be made based on joint measurement and submission of

following documents.

a) Invoice/Bill in triplicate.

b) The Contract shall submit his monthly bill within 1st week of the following month to the

Executing Department for verification and recommendation. In case contractor fail to submit

the bill by the last day of the following month, a penalty of 1% of the billed amount or for

every month of delay or part thereof subject to minimum of Rs. 1000/- shall be recovered

from the bill.

c) Measurement Sheet duly certified by Engineer-In charge.

d) PF/Wage Statements.

5. Security Deposit:

The Contractor shall have to Deposit security @ 2.5% of the contract value after adjusting the

amount of earnest money deposited and the amount towards security deposited shall be deducted from the

monthly bills @ 7.5 % towards security deposit. The amount of security deposit shall be refunded after

six months from the satisfactory completion of the job.

In case, performance of the contractor is not satisfactory, the amount of security deposit shall be

forfeited. The EMD and security deposit shall not bear any interest.

6. E-payment:

NFL, Nangal Unit is having its Cash Credit Accounts with the State Bank of India, Naya Nangal, who is

having Electronic Fund Transfer Facility in its branch at Naya Nangal and some other important

branches. The Contractors/suppliers, who are having their account with SBI, having EFT facility, they

may submit the bank particulars i.e. Bank Account Number, Name of Place of Branch, Branch Code

Number, so that, their payment could be released through transfer of funds to their account.

7. Indemnity Bond:

The contractor shall indemnify NFL against loss, theft / damage of material due to any reason whatsoever

to the tune of Rs. 1.0 lac for this contractor shall submit an indemnify bond as per clause no. 4.03 of

G.D.C.C.

8. Penalty Clause:

If there is any delay in completion of work beyond the stipulated time the owner shall have no prejudice

in this behalf and shall be entitled to levy penalty for delay of the item at the rate of 1% per week or part

thereof for the delayed item subject to maximum of 10% of the work order value.

9. Risk & Cost: -

If it is felt at any stage that contractor is not capable to complete the job within the time schedule or not in

accordance with the standard specifications, NFL reserves the right to get the same executed from

another agency at his risk & cost.



10. Guarantee Period: -

The rewinding work carried out by the contractor shall be guaranteed for six months after the delivery of

the repaired motor against bad workmanship or defective material. If any motor fails during the

Guarantee period due to bad workmanship or defective material, the same shall be re-wound by the

contractor free of cost.

11. Termination of Contract:

In case the performance of the contractor during the contract is not found satisfactory and there is breach

of any of the terms & conditions of the contract, NFL shall have the right to terminate the Contract

forfeiting of Security deposit or getting the job done at the risk and cost of the contractor at its sole

discretion.

12. Safety Code:

It is obligatory on the part of the contractor to abide by the terms and references as contained in the

Safety Code, violation of which will tantamount to disqualification of the contractor for any type of work

in NFL as well as the security deposit will also be forfeited”. The contractor is advised to collect the

safety code from the office of Safety Department on payment at prevailing price. The safety code forms

the part of contract.

14. Contractor Employees:

The contractor may employ such employee as he may think fit. The employee should be in the employees

of the contractor for all-purpose whatsoever and shall not be deemed to be in the employment of NFL for

any purpose whatsoever. The contractor shall abide by all rules, laws and regulations that may be in force

time-to-time regarding the employment or conditions of service of the employees. If under any

circumstances whatsoever, NFL is held responsible to the employees of the contract in respect of any

matter, the contractor for the same shall reimburse NFL. Any other expenses incurred by NFL as a result

of any claim contractor, NFL shall be entitled to claim demands or compensation from the contractor in

that event.

15. Security Gate Passes:

Contractor will be responsible to bring his staff inside the factory against a proper Gate Pass issued by the

C.I.S.F., NFL, and Naya Nangal. As and when some member of the contractor‟s working staff holding

Gate Pass ceases to remain in services for this contract job, the Gate Pass of that person is to be

surrendered immediately by the contractor. Failing compliance of this clause will be treated as Break of

Security Rules.

16. Job Allocation:

The motor winder must report to Engineer-in-charge Electrical Workshop daily on all working days

either personally or on phone to get the job status. The contractor shall intimate to Engineer-in-charge his

contact place/telephone Nos. to contact in case of any emergent job. He may be asked to report in

Electrical Workshop at any time including odd hours failing which contract shall be terminated at the risk

and cost of the Contractor.

16. Record Keeping:

Contractor who is doing the rewinding job has to record all data regarding rewinding of motor such as

wire size, quantity of wire used, coil sizes, coil pitch, bearing sizes etc. and has to record winding



resistance and load current of the motor as per instructions of Engineer-in-charge of Electrical

Department.

17. Agreement:

The successful tenderer have to execute an Agreement on Non-Judicial Stamp Paper of Rs.15/- (Rupees

Fifteen Only) within Ten days from the issue of this work order as per the approved performa. The cost

of stamp paper shall be borne by tenderer.

18. In addition to Special terms & Conditions, GDCC shall form part of NIT and all terms & conditions

of GDCC shall be applicable. However, in case of any difference in the Special terms & Conditions and

GDCC, the Special terms shall be applicable.

19. Execution:

The contractor will be responsible for the safe execution of the work. In case of any damage to any

equipment directly or indirectly during the process of work, he will have to bear the loss.

20. Since this rate contract is for Rewinding of burnt induction motors. Ceiling fans, exhaust fans etc,

minimum value of contract is not guaranteed. The work will be carried out as and when required. The

payment will be made on the actual value of work done.

21. The party shall submit No relation certificate in the prescribed performa (Refer Annexure- II

enclosed). The duly filled performa shall be submitted in Envelope-II

22. Arbitration:

The contract shall be governed by and construed in accordance with the laws of India.

Contracts having contract value up to Rs.5.00 Lakhs.

Except where otherwise provided in the contract all matters, questions, disputes or differences

whatsoever which shall at any time arise between the parties hereto, touching the construction,

meaning, operation or effect of the contract, or out of the matters relating to the contract or

breach thereof, or the respective rights or liabilities of the parties, whether during or after

completion of the works or whether before or after termination, shall after written notice by

either party to the Contract be referred to Unit Head, NFL, Nangal Unit or his nominee whose

decision shall be final and binding upon both the parties.

The contractor hereby agrees that he shall have no objection if the Arbitrator so appointed is an

employee of NFL and he had to deal with the matter to which the contract relates and that in the

course of his duties as such he has expressed his views on all or any of the matter in dispute or

differences.

If the arbitrator to whom matter is referred, vacate his office by any reason whatsoever then the

next arbitrator so appointed shall start the proceedings from where his predecessor left.

It is agreed by and between the parties that in case a reference is made to the arbitrator or the

arbitral tribunal for the purpose of resolving the disputes/differences arising out of the contract

by and between the parties hereto, the arbitrator or the arbitral tribunal shall not award interest on

the awarded amount more than the rate of SBI PLR or actual interest rate paid by the

owner(NFL) whichever is lower, prevailing on the date of award of contract.



Civil courts jurisdiction is excluded in respect of above and for any cause of action in respect of

arbitration shall be subject to the principle civil court of original jurisdiction at Rupnagar only,

Distt. Rupnagar (Pb).

Subject to as aforesaid the arbitration proceedings shall be governed by the Arbitration &

Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made

there under.



Annexure-I

To be submitted in Envelope-II

Declaration form pertaining to Service Tax.

NIT No. NFL/Elect. /Workshop/Rewinding Motor/10/11, Dated: ___________

Sub:- Job pertaining to Repair/Rewinding of LT motors up to 75KW, Ceiling Fans etc.

Sr.

No.

Description Qty. Unit Rates (In Rs.) Total value (In Rs.)

In Figures In Words In Figures In Words

1 A XX XX XX XX XX XX

2 B XX XX XX XX XX XX

3 C XX XX XX XX XX XX

Sub Total

* a)

The amount on which Service Tax

shall be charged / claimed (XX

%age of quoted amount)

Rs.___XX

*b) The amount of Service Tax at

prevailing rates i.e. 10.30%.

Rs._XX

Grand Total including Service Tax XX

Seal & Signature of tenderer

Notes: -

1. It is confirmed that all the columns marked XX as above have been duly filled in

the price bid submitted in envelope-III. (If tenderer is not charging Service Tax

over and above item rates „NIL‟ should be indicated).

2. I/We agree to the evaluation of price bid and loading of Service tax under the

terms of NIT



ANNEXURE II

(To be kept in Envelope No. II)

UNDERTAKING (No Relation)

(To be given by the tenderer at the time of submission of tenders)

I undertake that:

1. I am/any of the firm‟s partner / employee is not an ex-employee of NFL.

2. I am / any of the firm‟s partner / employee is an ex-employee of NFL, the detail of which is as under:-

Name : _____________________________

Department where worked : _____________________________

E.No. : _____________________________

Designation : _____________________________

Date of Superannuating from NFL: _____________________________

3 No relation of the firm is an employee of NFL.

4. The following employee/s of NFL is relatives of the proprietor /Partner‟s relative/s.

Name : _____________________________

Department where worked : _____________________________

E.No. : _____________________________

Designation : _____________________________

Date of Superannuation from NFL:_____________________________

Signature of Contractor with date and Seal



ANNEXURE – III

(To be submitted in Envelope II)

Sub:- Repairs/ Rewinding of LT motors up to 75KW, ceiling fans etc..

Ref.: NFL/Elect. /Workshop/Rewinding Motor/10/2011/ Dated: 28.10.2011

UNDERTAKING

(To be given by the tenderer at the time of submission of tenders on their Letter Head)

1. It is Certified that our/ my, Firm / Company

is Registered under Micro/ Small/ Medium

Enterprises as per MSMED ACT, 2006 or

not.

YES

NO

2. Our / my, Firm /Company is Registered

under MSMED ACT, 2006 (Copy of

Registration is Enclosed) and Registration

No. is :-

Signature of Contractor

with date and seal



ANNEXURE - IV

(This application is to be submitted in separate envelope by such contractor (s) who have down

loaded the tender documents from our web site. This application alongwith Demand Draft is to

be deposited with NFL before submitting the main tender)

Date: _____________

To

The DGM (E)

National Fertilizers Limited

Nangal Unit



Dear Sir,

With reference to your NIT No. NFL/Elect./Workshop/Rewinding Motor/10/2011/ dtd.

28.10.2011 and the tender documents displayed on your web site, we hereby submit our tender

for the subject work.

Since we have not purchased the tender document from your office and the tender document has

been down loaded by us from your web site, we are hereby enclosing a Demand Draft No.

_____________ dated _________ of ______________________________ (Bank)

amounting to Rs. 275.00 (Rs. Two Hundred Seventy-Five only), in favour of National

Fertilizers Limited, payable at Naya Nangal / Nangal towards the cost of tender documents.

Thanking you,

Yours faithfully

for & on behalf of Contractor

( _______________________ )

Signature (Seal)



ANNEXURE-V

(To be submitted in Envelope II)



ACCEPTANCE OF TENDER CONDITIONS

I/We have personally read the NIT / General Directions & Conditions of Contract (G.D.C.C.) for

the subject work, and I/we accept all the terms & conditions as mentioned in the NIT/ G.D.C.C.

without any reservation and shall abide by the same.

for M/s_____________________

(Signature of Contractor/

Authorized Signatory with Seal)

Name______________________

Address:



ANNEXURE-VI

( To be submitted in Envelope II)


Ref.: NFL /Elect. /Workshop/Rewinding Motor/10/2011/ Dated: 28.10.2011

UNDERTAKING

Dated: _____________

1. I/We hereby confirm that Commercial Bid i.e. Price Bid is strictly as per Schedule of

Quantities (Description/ Unit / Quantity of Items), Terms & Conditions and is also Un-

conditional, including rebates offered. I/We shall have no objection for rejection of the

offer if found conditional.

2. All the pages of NIT and Schedule issued to us have been signed for its validity and in

token of its acceptance by us.

for

M/s_____________________

(Signature of Contractor/

Authorized Signatory with Seal)

Name______________________

Address:



National Fertilizers limited.

Nangal unit: Naya Nangal

Electrical Department.

General Directions and Conditions of Contract.

1.0 Definitions

1.01 NFL mean National Fertilizers Ltd., having their Registered Office at Scope Complex,

Core-III, 7-Institutional Area, Lodhi Road, New Delhi-110003 and its Corporate Office at

Scope A-11, Sector-24 Noida (UP) (hereinafter called the NFL/ Company) which

expression where the context so admits shall include their legal representatives, successors

and assignees or legal representatives.

1.02 Chief General Manager shall mean the officer in administrative charge of the National

Fertilizers Ltd., Nangal Unit Naya Nangal (Pb)

1.03 Engineer shall mean Engineer in executive charge of works and shall include superior

officers of the Engineering department of National Fertilizers Ltd.

1.04 The Engineer‟s representative shall mean the Assistant Engineer/Asstt. Project engineer in

direct charge of the works and shall include any junior engineer, Engineer Asstt. Or any of

the representative appointed by NFL.

1.05 Contractor shall mean tenderer whose tender has been accepted and shall include his legal

representatives, successor and permitted assignees in writing.

1.06 CONTRACT shall mean and include the LOI order/formal agreement/contract, tender

accepted schedule of rate, Notice Inviting Tender, Technical specification and General

Directions and Conditions of contract, special condition of contract, special specifications

if any and tender for all these documents taken together shall be deemed to form one

contract and shall be complimentary to one and other.

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

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

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

1.08 SINGULAR/PLURAL words carrying singular number shall also include plural and vice

versa where the context requires.

1.09 INVITATION OF TENDR shall mean and include the present document together with

such supplement and addendum which may be issued by thereto later.

1.10 WORKS shall mean the works to be executed in accordance with the contract.

1.11 WORK SITE shall mean the site of NFL‟s Factory Premises, Offices, and Township etc. on

which the works are to be carried out and service(s) are to be performed under the contract.

1.12 COMPLETION TIME shall mean the period or date specified in the tender documents of

handing over the completed works to NFL.

1.13 PERIOD OF MAINTENANCE shall mean the specified period of maintenance from the

date of completion of work as certified by the Engineer.

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

tender has been accepted.

1.15 COMPLETION CERTIFICATE shall mean the certificate issued by the Engineer when the

works have been completed.

1.16 COMPLETION CERTIFICATE shall mean the certificate issued by the Engineer when the

works have been completed.

1.17 WRITING shall include various manuscripts, type written or statements under the signature

or seal of national Fertilizers Ltd. Provided to the contractor, permitted subcontractor or the

accredited representative as the case maybe or vice versa.

1.18 BATTERY LIMIT shall mean location of area including the scope of work and terms and

conditions, of contract, but does not restrict to same.

1.19 The ACCEPTING AUTHORITY shall mean Chief General Manager.



2.0 INSTRUCTIONS TO TENDERERS

2.01 SUBMISSION OF TENDERS:

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

2. For submission of tenders, this tender will be divided in three parts:

a) Earnest money.

b) Technical and commercial bid

c) Price bid

All tenders should be submitted in sealed envelope, duly super scribed as “Rewinding/

repairs of LT Motors up to 75 KW, Ceiling Fans etc”.

The envelope should contain three separate sealed envelopes therein as follows:

I. One sealed envelope will contain Earnest Money of Rs. 7200/- in the form of DD favoring

National Fertilizers Ltd, payable at SBI, Naya Nangal. This envelope should be inscribed

“Earnest Money “.

II. Second envelope inscribed „TECHNICAL AND COMMERCIAL BID‟ containing the

following documents:

a) Signed copies of complete tender documents, but excluding Performa for price bid as

enclosed. Each copy of these documents should be signed by tenderer in token of

acceptance of our terms and conditions.

b) Performance report from the other reputed customers of the similar job work.

III. Third sealed envelope inscribed, “PRICE BID- DO NOT OPEN‟‟ IN RED. This envelope

should contain the price bid as per Annexure „A‟ therein duly completed and signed by the

tenderer.

3. The price bid should be submitted in duplicate, clearly inscribing the name of the tenderer.

4. The tenderer shall quote for the total quantity.

5. THE PRICE BID SHOULD NOT CONTAIN ANY COMMERCIAL AND TECHNICAL

CONDITIONS/TERMS. SUCH TERMS AND CONDITIONS, IF ANY, SHOULD BE

MENTIONED IN TECHNICAL AND COMMERCIAL BID ONLY.

Tender must be submitted along with following documents:-

1. Tender.

2. Scope of work

3. General terms and conditions of contract.

4. Special conditions of the contract.

5. Schedule of quantities of rates and jobs.

6. PAN of 10 digit issued by department of income tax.

7. Notarized copy of Provident Fund Code No. allotted to contractor by Regional Provident

Fund Commissioner.

8. Latest finical status certificate from the bankers of tenderer.

9. Certificate by organizations here contractor had executed. Similar work in past three years.

10. Labour licence

11. Any other documents required by NFL.

2.02 Incomplete tenders/tender without earnest money and tenders received after the closing

date are liable to be out rightly rejected.

2.03 Tenderers are advised to inspect and examine the site and its surrounding and satisfy

themselves before submitting their tender including as to the nature of site, scope of work,

site conditions, the means of access to the site, the accommodation they may require and in

general shall themselves obtain all necessary information as to risks, contingencies and

after circumstances which may affect their tender. A tenderer shall to be deemed to have

full knowledge of the site whether he inspects it or not and novation of terms and condition

of contract including no extra charge consequent on any misunderstanding or otherwise

shall be allowed.



2.04 Interested tenderer after studying all tender documents carefully may obtain necessary

clarifications, if any, in writing before tendering. Submission of tender implied that the

tender has obtained all the clarifications required. No claim on ground of want of

knowledge/clarification in no such respect will be entertained. No claim for extra charges

for misunderstanding or other wise will be allowed.

2.05 Each tenderer must satisfy himself of the conditions under which the services/contract to be

undertaken and should fully acquaint himself with all existing conditions limitations and

official regulations. Failure to comply with the above requirement will not relieve the

tenderer of his obligation in the event of his tender being accepted. Tenderer shall give

specific reason for rejections of such of the requirements as may not be acceptable. Unless

otherwise specifically stated in the tender, it will assumed athat the terms and conditions

specified in the „Invitation of Tender‟ is accepted by the tenderer without reservation.

2.06 Tenderers which do not fulfill all or any of the conditions laid down in this NIT, or contain

conditions not covered and or not contemplated of by General condition of contract and/or

special conditions of contract and or expressly prohibited there in or stipulate additional

alternate conditions shall be liable to be rejected.

2.07 The tenderer shall submit all documents issued to him for the purpose of this tender duly

filling in the same in all respects. The tenderer as token of acceptance of NIT terms and

conditions shall sign all pages of NIT and annexure(s).

2.08 Tenders containing erasures and alternations of the tender documents are liable to be

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

him/them. The tenderer shall authenticate all pages of the tender document.

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

whose tender is accepted by the NFL, fails to undertake the work as per the terms of

contract, the earnest money deposited by the tenderer will be forfeited without prejudice to

other measures.

2.10 The tenderer may please note that tenders are valid for 120 days from the date of opening of

price bid and if the work order is placed during the above period the tenderer will be bound

by the terms, conditions and rates quoted by him in his tender through out the period of

execution of the contract including extended period. If the tenderer withdraw or revokes

the tender or revises the terms and conditions of tender including tendered rates for all or

any item within a period of aforesaid 120 days his earnest money will be forfeited beside

other remedies available to NFL. The above period of validity of tender may be extended

with mutual consent of tenderer(s) and NFL

2.11 In case of any discrepancy between the description of specifications, and for other tender

documents, the decision of NFL in writing shall be final, binding and conclusive for the

purpose of this contract.

2.12 DECLARATION OF TENDERERS RELATIONS WITH NFL EMPLOYEES ; Should a

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

relations employed in NFL or in case of company any of its official or relations employed

in NFL, the authority inviting tenders shall be informed of the fact at the time of

submission of the tender. If so, the name, designation, department and E.No. of such

employees be indicated failing which NFL may in its sole discretion reject the tender or

rescind the contract. If any ex- employee(s) of NFL is/are employed, with the tenderer,

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

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

also be intimated immediately in writing to NFL from time to time.

2.13 The terms “as described „‟, „‟as shown‟‟, „‟as directed‟‟, „‟as approved‟‟, “as completed‟‟,

“as mentioned‟‟ in the description of items shall mean as directed in design or drawings

and as directed by Engineer or his representative.

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

of the tenders or part thereof or to reject any or all of the tenders or split and award work



between more than one tenderer without assigning any reasons whatsoever. He also does

not bind himself to accept the lowest tender.

2.15 The tenderer shall not be entitled to claim any cost, charges, expenses or incidentals for the

preparation and submission of this tender even if the Management may decide to withdraw

the “Invitation to Tender‟‟.

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

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

General Directions and conditions of contract.

2.17 The following documents forming the contract are to be taken as mutually explanatory of

one another and in case of discrepancy the following order or performance shall be

observed:-

i) Agreement.

ii) Work Order

iii) Letter of intent

iv) NIT

v) a) Technical scope of work

b) Special terms and conditions etc.

c) GDCC

2.18 VARIATIONS: No variation of the clauses of this contract shall be valid unless made in

writing and duly signed by both the parties. The NFL shall not in absence of its specified

written acceptance be bound by any provisions in the tenderer‟s offer, forms of

acknowledgement of contract and other documents which supports to this contract.

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

without prior approval of NFL in writing.

2.20 Not more than one tender shall be submitted by a tenderer or by a firm of tenderer(s). If

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

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

tenderer making the tender and shall be signed by the tenderer with his usual signature.

When the tender submitted is not in the name of an individual i.e. the tenderer is not a sole

proprietorship concern, the tenderer shall disclose the nature, constitution and registration

of the tendering firm along with appropriate supporting notarized documents and shall be

signed by person(s) duly authorized by the firm by means of legal documents/powers of

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

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

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

partnership deed to the tender. The tender must be signed and stamped in the partnership

name by all the partners or by a person holding a power of attorney duly authorized to do

so and such power of attorney or copy thereof duly attested by Notary Public shall be

produced with the tender, it must disclose whether the firm is a unregistered or a registered

concern of the tenderer. In case it is a registered company in that case notarized copy of

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

respective registrar shall also be annexed to the tender. Tender submitted by the

company/corporation shall be signed in the name of company/corporation with its

stamp/seal by a person duly authorized to do so and annex a notarized copy of such

authorization. The notarized copy of Memorandum and Articles of Association of such

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

annexed to the tender by the tenderer in case the tenderer is any other legal entity. The

person signing the tender shall state his capacity as also the source of his ability to submit

the tender. The power of attorney or authorization, duly attested by any Notary/Magistrate,

of tender documents constituting adequate proof of the ability of the signatory to submit

the tender shall be annexed to the tender. The NFL may reject out rightly any tender

unsupported by adequate proof of the signatory‟s authority.



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

stoppage/suspension of work during the course of execution for any circumstances/reasons.

The rates quoted shall also not be affected by any change in the minimum wages payable

to the workers, as fixed by the competent authority from time to time.

2.23 The execution of the work may involve working at site in all whether conditions except as

stated by NFL, and no extra rate will be considered on this account. The contractor may

have to carry out the jobs to works round the clock as per NFL‟s requirement to be decided

by Engineer and the contractor should take this aspect into consideration for formulating

his rates and quotation . No extra claim(s) /overtime will be paid on this account.

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

buildings and plants where there will be restrictions in free working of the labour due to

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

nothing extra will be paid for the same.

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

conditions, and therefore:

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

as per directions of the Engineer and nothing extra will be payable for any extra load

involved in executing the works at different locations in Factory, Plants, Offices/Township.

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

take extra precautions for working in factory plants, for which nothing extra shall be

payable.

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

themselves has/have tendered for the same works. Failure to observe this conditions shall

render the tender of the tenderer(s), tendering as well as of those witnessing the tender,

liable for rejection.

2.27 WITNESS: Name, details of occupations(simply stating service/business is insufficient)

and complete addresses of the witnesses shall be stated below their signatures. Witness

shall be persons of status.

2.28 RETIRED NFL EMPLOYEES: No employees of the NFL is allowed to tender for a period

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

permission of NFL in writing. The contract, if awarded, and the tenderer is found at any

time to be such a person , and has not obtained the permission of NFL in writing before

submission of the tender, NFL reserves its right to cancel the contract. Any tender by a

person aforesaid shall carry thereof on the face of the tender, and shall be accompanied by

a copy of the document by which the requisite consent is given. Such disqualification

shall apply also to every partner of a partnership firm, Director of company and constituent

of any other legal entity.

2.29 WORK DURING NIGHT OR SUNDAY AND HOLIDAY: Subject to any provisions

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

during night or on Sunday or on authorized holiday without the permission in writing of

Engineer except when the work in unavoidable or absolutely necessary for safety of life,

property or work in which case the contractor shall immediately advise the

Engineer/authorized representative of Engineer accordingly. However, to make up the

progress of work the Engineer/authorized representative of Engineer may allow the

contractor in writing to carry out the work even beyond normal hours and on

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

incurred for deployment of the staff beyond the normal hours and Sunday/Holiday

necessitated to make up the progress of work. The recoverable amount determined by the

Engineer shall be final and binding on the contractor.

2.30 WORKING HOURS: The normal working hours as observed in the factory area will be

adhered to as far as practicable, but the contractor shall work in two or three shifts round



the clock, if required by Engineer or his authorized representative in order to maintain the

requisite progress at no extra cost to NFL.

2.31 The tenderer shall quote his/their rates with reference to each item and must tender for all

the items shown in the schedule of quantities.

2.32 The tenderer shall quote single rate against each item and not multiple rates. Any tender

with multiple rates quoted will be summarily rejected.

2.33 The quoted rates shall be applicable for execution of work at all level, heights and depths

unless specifically mentioned in particular item of schedule of quantities.

2.34 The price/rates quoted shall be all inclusive as provided, in respectof the schedule of

quantities, in the conditions of contract and the NFL shall not entertain any claim for

enhancement of the price(s) quoted on any account whatsoever.

2.35 The quantities shown against the various items approximate/tentative. Any increase or

decrease in the quantities should not form the basis for alteration of rates quoted. The

tenderer will have to execute any or all the jobs depending on the requirement of plant.

There shall be no guarantee for minimum quantum of work.

2.36 The contractor is required to quote reasonable rates for individual items strictly as specified

in schedule of quantities. Tender not complying with this stipulation is liable to rejection.

In case in the opinion of NFL, any particular item/percentage rate is exorbitantly high,

NFL reserves the right not to operate such item(s) under this contract and to get such

item(s) executed from any other contractor and no claim on this account shall be

entertained.

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

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

documents. The amount for each item shall be worked out and entered and requisite totals

be given for all items. The tendered amount for the work entered in the tender shall be duly

signed by the tenderer. If there are differences found between the rates given by the

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

quantities and the general summary, these shall be adjusted in accordance with the

following rules:

a) In case of duplicacy of any item in the schedule of quantities, the lowest quoted rate of

the contractor for such items will be operated in the contract.

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

correspond to the amount worked out by the tenderer shall be taken as correct.

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

out is incorrect, the rate quoted by the tenderer shall be taken as correct.

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

result of wrong extension of unit rate and quantity, the unit rate shall be regarded, as firm

and extension shall be amended on the basis of the rate.

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

corrected.

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

to the general summary and the tendered sum amended accordingly. The tendered sum so

altered shall, for the purpose of the tender, be substituted for the sum originally tendered

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

summary by the tenderer shall be ignored.

2.38 Rates quoted for material shall be FOR Naya Nangal and shall be inclusive of all taxes,

duties if any, unless specified to the contrary in the tender documents, payments of taxes is

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

quoted shall be firm and shall not be subjected to escalation irrespective of any increase

whatsoever.

2.39 The rates quoted by the tenderer shall remain firm till the completion of job/contract period

and also during the extended period, if any. No escalation on any ground shall be allowed,



either on the maintenance charges or in case of spares. The rates quoted shall be inclusive

of all taxes and duties including sales tax on works contract, if any.

3.0 GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT:

3.01 Engineer shall have general supervision and direction of the works. He has authority to

stop the work, whenever such stoppage may be necessary to ensure the proper execution of

the contract. He shall also have authority to reject all work which do not conform to any of

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

judgments, is required and order the forces increased or diminished and to decide questions

which arise in the execution of the work.

Engineer reserves the right to suspend the work or part thereof at any time and no claim

whatsoever on this account will be entertained.

In case of any dispute, the contractor may appeal to the Engineer, whose decision shall be

final and binding.

3.02 CORRESPONDENCE: The contractor should furnish to the Engineer In charge the name,

designation and address of his authorized representative, attorney duly notarized and his

address All correspondence should in triplicate and invariable bear reference to this

contract number and date. All complaints, notices, communications and reference shall be

deemed to have been duly given to the contractor if delivered to contractor or his

authorized representative or posted to the address so given.

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

representative and necessary assistance. The representative shall represent the contractor in

his absence and all direction given to him shall be binding as if given to the contractor. In

no case the authorized representative can refuse to receive the instruction. The contractor

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

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

and the physical condition of the locality or any errors or omissions drawings or in the

layout as given by points and instruction, it shall be his duty to immediately inform the

Engineer or his representative in writing and the Engineer shall promptly verify the same.

Any work done after such discovery, until authorized will be done at contractor‟s risk.

Neither party shall employ or hire any employee of the other party without his consent in

writing.

3.04 NFL‟s Lien on all moneys due :

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

contractor under these presents, and or any other contract with NFL either alone or

jointly.

3.05 NFL not responsible for contractors employees :-

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

employed shall be the employees of the contractor for all purpose whatsoever and shall not

be deemed to be in the employment of NFL for any purpose whatsoever. The contractor

shall abide by all rules, laws and regulations that maybe in force from time to time

regarding the employment or conditions of service of the employees. If under any

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

the default or omission on the part of the contractor in abiding by aforesaid rules, laws and

regulations or held liable or responsible to the employees of the contractor in respect of any

matter whatsoever, NFL shall be reimbursed by the contractor for the same as also any

other expenses or costs incurred by NFL on any proceedings or litigations as a result of any

claim , demand or act on the part of contract or NFL shall be entitled to claim damages or

compensation from the contractor in that event. The NFL reserve its right to deduct the

above stated claims/ expenses etc from the dues of the contractor whether under this

contract or any other contract or otherwise.

3.06 NFL may do part of work:



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

provision thereof, the NFL shall have the alternative right, instead of assuming charge of

entire work, to place additional labour force, tool, equipment and materials on such parts of

the work, as the company may designate. In such case, without prejudice to any other

mode of recovery, NFL shall deduct from the amounts, which otherwise might be due to

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

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

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

NFL forthwith.

3.07 Completion certificate/final bill

The Engineer shall normally issue to the contractor the completion certificate within one

month after receiving an application thereof from the contractor after verifying from the

completion documents and satisfying himself that the work has been satisfactory

completed in all respect in accordance with the instructions, specifications of contract

documents.

The contractor after obtaining the completion certificate is liable to present the final bill for

the work executed by him. The final bill shall be prepared on the basis of the final

measurements entered in the measurement books/sheets. The final bill shall be prepared in

the prescribed Performa with reference to total work covered by the contract applying the

applicable rates, specified in the schedule of rates to the relative measured quantities. The

final bill shall also include all additional claims of the contractor and considered as

conclusive.

3.08 Certificate and payment do not signify:

No periodical certificate or payments made to contractor shall be held to signify the

approval of the works, materials, or admission of the due performance of work or other

things to which such certificates, relate and the contractor shall not be relieved by such

certificate from any risk or liabilities, to which may subject under the contract until the

final certificate thereafter referred to has been granted to the contractor subject to

warranty/guarantee/defect liability period described.

3.09 Final certificate:

Within 30 days of the contractor‟s application made after the expiry of the period of defect

liability provided for in clause 4.12 hereof on satisfaction of all liabilities of the contractor

in respect thereof, the Engineer shall issue final certificate that the contractor has

performed his obligations in respect of the defect liability period and until issue of such

final certificate, the contractor shall be deemed not to have performed such liabilities

notwithstanding issue of the completion certificate or payment of the final bill by NFL.

3.10 Contractor to indemnify NFL:

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

actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or in

connection with matters referred to in relevant clause and against all actions, proceedings,

claims, demands, costs and expenses which may be made against NFL or Govt. for or in

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

under the contract documents.

3.11 Payments of claims and demands:

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

amount so paid and the cost incurred by NFL shall be deducted from the contractor‟s bill

or recovered otherwise and contractor shall not be at liberty to dispute or question the right

of the NFL to make such payments not withstanding the same may have been made

without its consent or authority or in law or otherwise to the contrary.

3.12 A contractor at his own risk and cost will make good, any damage or loss caused to plant

equipment etc during execution of this contract. In this regard decision of Engineer is

final and binding to the contractor.



3.13 All the accidents to contractor staff will be reported to the safety officer promptly. This

will, however, not relieve the contractor of any statutory/other obligations.

3.14 Dispute not to held up works:

The successful tenderer shall not stop the work incase of any dispute unless further

progress of work has been rendered impossible due to non fulfillment of any reciprocal

promise. Unilateral stoppage of work by the contractor shall be considered as a breach of

contract and NFL reserves the right to take such action as it may deem fit keeping its

interest as paramount.

3.15 The heading in these general conditions are solely for the purpose of facilitating reference

and shall not be deemed to be part thereof or be taken into consideration in the

interpretation or consideration in the construction thereof of the contract. The law shall

govern this contract for time being in force in Republic of India.

3.16 The successful tenderer shall be required to execute formal agreement with NFL within 10

days on receipt by him the letter of acceptance from NFL in respect of his offer for

carrying out the works according to terms and conditions of contract. The agreement to be

executed, will be in the form prescribed by NFL for the purpose, on a NON-JUDICIAL

STAMP PAPER of the value of Rs.15/- (Rupees fifteen only) to be purchased by

contractor as specified in the work order. No payment will be released to the contractor

unless agreement is executed.

3.17 OVERPAYMENT AND UNDERPAYMENT:

When ever any claim for the payment of a sum of money of NFL arising out of or under

the contract against the contractor, the same maybe deducted by NFL from any sum then

due or which at any time thereafter may become due to the contractor under this contract

and failing that under any other contract with NFL or from any other sum due to the

contractor from NFL which maybe available with NFL or his security deposit or he shall

pay the claim on demand.

3.18 CONTRACTOR TO VISIT OFFICE : The contractor or his agent shall attend when

required and without making any charge for doing so, the office of Engineer NFL or his

representative, to receive the instructions and to deal with matters connected with this

contract.

3.19 FOR CLOSURE OF CONTRACT IN FULL OR INPART DUE TO ABANDONMENT

OR REDUCTION IN SCOPE OF WORK:

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

scope of the works for any reason whatsoever and hence not require the whole or any part

of the works to be carried out, the Engineer NFL shall give notice in writing to the effect

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

otherwise whatsoever on account of any profit or advantage which he might have derived

from the execution of the work in full but which he did not derive in consequence of the

foreclosure of the whole of the works.

3.20 The contractor shall be paid at contract rates full amount of the works executed at site and

in addition a reasonable amount as certified by the Engineer or his representative, NFL for

the items hereunder mentioned which could not be utilized on the work to the full extent

because of the foreclosure:

a) Any expenditure incurred on preliminary site work including partly completed work e.g.

temporary access roads, temporary labour huts, staff quarters and site office, storage,

accommodation and water storage tanks.

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

brought to site for which contractor is legally bound to accept delivery from suppliers(for

in corporation or incidental to the work) provided, however, NFL be bound to take over the

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

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

contractor taking into account purchase price, cost of transportation and deterioration or



damage which may have been caused to the materials while in the custody of the

contractor.

ii) For contractor‟s materials not retained by NFL reasonable cost of transporting such

materials from site to contractor permanent stores or to his other works, which ever is less

shall be reimbursed to the contractor. If materials are not transported to either of the said

places, no cost of transportation shall be payable.

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

contractor to NFL at rates not exceeding those at which these were originally issued less

allowance for any deterioration or damage which may have been caused whilst the

materials were in the custody of the contractor. In addition, the cost of transportation of

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

contractor.

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

disposal of plant and equipment specially brought by the contractor for use in the work and

for any charges that the contractor has to pay to his suppliers or sub contractor for

cancellation of any order for supply of materials of cancellation of works by NFL.

e) Reasonable compensation for transfer of T&P from the contractor‟s permanent stores or to

his other works, whichever is less, shall be reimbursed to the contractor. If T&P are not

transported to either of the said places, no cost of transportation shall be payable.

3.21 TIME EXTENSION FOR DELAY :

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

of NFL or the extended time in accordance with these condition(s) shall be essence of the

contract. The date of the commencement of work shall be reckoned on the date on which

the LOI is issued or written order to commence the work or the date of handing over the

site, whichever is later. If the contractor commits default in commencing the execution of

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

liberty to forfeit the earnest money/initial security deposit absolutely beside other

remedies.

3.22 As soon as possible after the contract is concluded the Engineer or his representative and

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

direct relation to the time stated in the contract documents for the completion of the items

of the work. It shall indicate the anticipated dates of the commencement and completion of

various trades or sections of the work, after taking into account the anticipated sequence of

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

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

completion of the works by the stipulated date. The contractor shall complete whole work

as per schedule given to him on day today basis.

3.23 IF WORK DELAY BY:

a) force majeure or

b) abnormally bad weather or

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

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

work not forming part of the contract or

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

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

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

contractor‟s control then upon the happening of any such event causing delay, the

contractor shall immediately give notice thereof in writing to the Engineer but shall

nevertheless use constantly his best endeavors to prevent or make good the delay and shall

do all that may be reasonably required to the satisfaction of Engineer to proceed within

work.



3.24 Requests for the extension of time, to be eligible for consideration, shall be made by the

contractor in writing within fourteen days of the happening of the event causing delay with

documentary proof. The contractor may also, if practicable, indicate in such a request the

period for which extension is desired.

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

and may give a fair and reasonable extension of time for completion of the work. Decision

on such request for extension shall be communicated to the contractor by Engineer in

writing within 3 months of the date of receipt of such request by Engineer.

3.26 Should one or both parties be prevented from fulfilling their contractual obligations by

state of force majeure lasting continuously for a period of 15 days/month , The two parties

should consult each other regarding the future implementation of the contract.

3.27 The contractor shall at his own expenses and without delay supply to the Engineer sample

of materials proposed to be used in the works. The Engineer or his authorized

representative within a day of the supply of the same will intimate the contractor in writing

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

shall forthwith arrange to supply fresh samples to the Engineer for his approval fresh

samples complying with the specifications laid down in the contract.

3.28 The Engineer shall have full powers to remove any or all the materials brought to site by

the contractor which are not in accordance with the contract specifications or do not

conform in character of quality to the samples approved by him. In case of the default on

the part of the contractor in removing the rejected materials, the Engineer shall be at

liberty to have them removed by other means. The Engineer shall have full powers to

direct other proper material to be substituted for rejected materials and in the event of the

contractor refusing to comply he may cause the same to be supplied by other means. All

risks and costs, which may occur upon for such removal and/or substitution shall be borne

by the contractor.

4.00 Contractor‟s obligations:

4.01 (i) The contractor shall deploy required competent qualified staff for inspection, charging

and other maintenance linked services.

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

expiry of the contract and any shortfall or damage shall be recoverable from the contractor

at NFL issue rate/latest rate + 25% . All taxes will be charged extra. The issue of such

material will be at the discretion of NFL.

(iii) The contractor will be liable to maintain all the equipments provided in the factory

premises/workshop/offices/NFL township.

(iv) The contractor will provide his employees/staff/labour as per requirement of the job.

(v) The contractor shall on instruction of the Engineer immediately remove from the work any

person employed thereon who may misbehave or cause any nuisance or otherwise in the

opinion of the Engineer is not a fit person to be retained on the work and such person shall

not be again employed or allowed on the works without the prior permission of Engineer

in writing.

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

and schedule of quantities within the schedule of completion. The contractor will also

accomplish the week progress as per the work plan prepared in consultation with the

Engineer or his representative and reach the milestone on the dates specified in the work

schedule and progress of work.

4.03 IDEMNITY BOND:- Contractor shall submit Indemnity Bond on a Non-Judicial Stamp

paper of appropriate value for the material, which is to be taken out from NFL site for

repair beside other remedies available to NFL . The cost of stamp paper shall be borne by

the contractor.



4.04 Penalty:- If there is any delay in completion of work beyond stipulated schedule NFL shall

be entitled to levy penalty @ 1% per week or part thereof subject to maximum of 10%.

NFL also reserve its right to cancel the contract due to delay on part of contractor.

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

shuttering and temporary works requisite or necessary for the proper execution of work,

whether original, altered or substituted blank flanges and their testing arrangement will

have to be made by the contractor at his own cost. The contractor shall also supply without

additional charges to NFL, the requisite number of person with the means and materials,

necessary for purpose of setting out of work and counting, weighing and assisting in the

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

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

contractor. The contractor shall also carefully preserve benchmarks, reference points and in

case of work full or careless destruction, he shall be charged with the resulting expenses

and shall also be responsible for any loss that may be caused by the mistake. The

contractor shall also provide all necessary fencing and lights required to protect the public

from accident and shall be bound to bear the expenses of defense of every suit, action or

other proceedings of law that may be brought by any person for injury/sustained owing to

neglect of the above precautions and to pay any damages and costs which maybe awarded

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

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

4.06 TOOLS AND TACKLES: The contractor will use proper, high quality tools and tackles in

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

calibrated. The Engineer or his representative on his sole discretion can stop the use of

tools and tackles which he considers can damage the equipment or are inaccurate. No make

shift arrangements will be allowed. However, special tools such as bearing/puller, bearing

heater, oven, winding wooden planks for making coil pattern will be provided by NFL on

free of cost basis.

4.07 All the contractor‟s materials, tools and tackles will be marked/punched with the name of

the contractor. All such material will be shown at the factory main gate and a certified

copy of material passed on the factory premises will be submitted to the Engineer or his

representative within one week‟s time. The stores of the contractor can be checked by the

Engineer or of his authorized representative for any unauthorized material not passed from

the factory main gate.

4.08 The contractor shall take reasonable steps necessary to ensure that the persons employed

on work in connection with the contract, have full knowledge of the “Official Secrets Act‟‟

and the regulations framed there under.

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

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

would or might be directly or indirectly be of use to any enemy of India must be treated as

secret and shall not at any time be communicated to any person.

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

4.09 Residential accommodation : The contractor shall make his own arrangements for

accommodation for himself or for his officers, staff, employees, and labour as well as their

transport. NFL will not permit construction of residential hutment for himself or for

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

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

order and instruction to be issued to the contractor shall be recorded in their book by

Engineer or his authorized representative. Each page of this book shall be numbered and

initialed by the Engineer or his authorized representative.

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

of his having seen and noted. This book shall be the property of NFL, but its safe custody



shall be the responsibility of the contractor. All the directions to be given to the contractor

shall be written in the order book or communicated in writing.

4.11 The successful tenderer shall afford all reasonable facilities and cooperation to various

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

working on the site simultaneously so that the entire work can be proceeded smoothly and

simultaneously to a successful completion. The tenderer must take all the aforesaid factors

into consideration while quoting the rates for tender and no extra charge will be allowed on

any grounds arising out of or relating to the aforesaid factors.

4.12 PERIOD OF LIABILITY

The contractor shall guarantee for the work done for a period of Six month, from the date

of issue of completion certificate. Any damage or defect may arise or lie undiscovered at

the time of completion certificate, concerned in any way with the equipment or material

supplied by him in the workmanship shall be rectified or replaced by the contractor or in

default the Engineer may cause the same to be made good by other alternative

arrangement and deduct expenses(of which the certificate of Engineer shall be final) from

any sums that may be due or at any time thereafter become due to the contractor or from

his security deposit, whether under this contract or any other contract or otherwise. The

security deposit shall be refunded after the expiry of defect liability period of Six months

after expiry of the contract or Twelve months from the date of supply of spares whichever

is later.

4.13 The contractor shall make his own arrangement for removal of old as well as unused

material including packing material and empty cases free of cost from work site to the

place indicated by the Engineer after completion of work and nothing extra will be paid

and return the said material to NFL without any charges.

4.14 MEDICAL TREATMENT IN CASE OF ACCIDENT.

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

staff/workman/employee, who has met with an accident arising out of and during the

course of employment in case, the contractor fails to give medical treatment the company

shall do so and shall recover the expenditure on account of medical treatment from the

contractor‟s bill or from other dues of the contractor, if any or otherwise recover the same

from contractor.

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

premises/plants/office/schools/ townships, the contractor should get the antecedents of his

staff/employees/labour verified by him before employing them.

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

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

the bill to the Executive department of NFL.

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

representative of Engineer. and a similar certificate shall be issued, but such verification

shall not absolve the contractor of his liabilities.

4.18 The contractor shall maintain a record for the payment made to his staff/employees/labour

engaged by him and such records shall be liable to inspection by Representative of

Engineer/ Personnel Department and labour inspector of State Govt. as and when

required, but such inspection shall not absolve the contractor of his liabilities.

4.19 The contractor shall pay wages to the workmen directly without the intervention of any

other agency and contractor shall ensure that no amount by way of commission or

otherwise is deducted or recovered by any other agency.

4.20 The contractor has to pay minimum wages to his workmen fixed by the Punjab Govt from

time to time. However, payments will be made by NFL to contractor as per his quoted

rates.

4.21 The following records and registers are required to be maintained by the contractor as per

the Contract(Regulation and Abolition)Act, 1970.



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

(ii) Employment Cards : Every contractor is required to issue an employment card in Form

No.XIV to each worker within three days of the employment of the worker(Rule 76).

(iii) Muster roll wages register, deduction register and OT register.

a) Muster Roll- Form No.XVI

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

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

d) Register of fines, Form XXI

e) Register of advances (Form XXII)

f) Register of over time (Form XXIII)

g) Wage Slip (Form XIV)

4.22 Following statutory obligations shall also form part of NIT and contractor shall comply

with the same including :-

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

ii) Minimum Wages Act,1948

iii) EPF & Misc. Provisions Act,1952

iv) Factories Act, 1948

v) Workmen Compensation Act,1923

vi) The payment of Wages Act,1936

vii) Any other Act framed by the State/Central Govt. from time to time and relevant to the

above contract.

4.23 Contractor if employ any worker shall have registered with PF authorities and contractor

shall have its own Provident Fund(PF) Account Number and he will ensure compliance

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

staff/employees/labour/workmen. In case of non compliance of deposit of contractor‟s as

well as employee contribution by contractor, NFL reserve the right to provisionally retain

50 % of the contractor‟s payment besides other remedies available to NFL. Contractor

shall submit to NFL notarized copy of the PF code account number allotted to

contractor.

4.24 The contractor should ensure that all persons engaged by him are medically fit and shall

keep with him a certificate to that effect. NFL doctor may also examine his employees any

time and any of these declared unfit shall be replaced by the contractor, but such

examination shall not absolve the contractor of this liabilities.

4.25 The contractor shall indemnify NFL against any loss/injury while performing duty whether

in station or out of station.

4.26 The contractor shall comply with all central, State laws in force from time to time.

4.27 Any act on part of the contractor or his employees which will be prejudice to the reputation

of NFL, shall constitute grave breach of condition of the contract and shall render the

contract liable for termination within 48 hours notice. In such event, the security deposit

held by NFL shall be forfeited without prejudice to any other remedy to which NFL may

be entitled.

4.28 All charges on account of octroi, terminal, entry tax, taxes including, levies, sale tax and

other duties including custom and excise etc. on materials obtained for the works from any

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

any levy duty, tax including sales tax imposed on works contract or materials supplied for

the works contract shall be borne by the contractor and shall not be reimbursed or paid by

NFL. That the contractor shall also be liable for any new taxes duties, or levies imposed by

the Govt. or any authority after submission of tender (to NFL) by the tenderer.

4.29 The Engineer shall be entitled to carry out the tests as specified in the contract for any

materials supplied by the contractor other than those for which, as stated above,

satisfactory proof has already been furnished at the cost of the contractor and the contractor

shall provide at his expense all the facilities which the work may require. If no tests are



specified in the contract and such tests are required by the Engineer, the contractor shall

provide all facilities required for the purpose and the charges for these tests shall be borne

by the contractor only if the tests disclose that the said materials are not in accordance

with the provisions of the contract. The cost of the material consumed in test shall be borne

by the contractor in all cases except when otherwise provided.

4.30 SAFETY REGULATIONS:- It is mandatory on the part of the contractor to abide

by the terms and references as contained in safety code. The contractor shall observe and

abide by all fire and safety regulations of the NFL. Before starting maintenance work, the

contractor shall consult with the Engineer. He will arrange safety work permit if required.

Contractor shall make all arrangements, as specified by safety department before starting

the job. The contractor shall be responsible for and must make good to the satisfaction of

the NFL any loss or damage due to fire to any portion of the work to be done under this

agreement or to any of the NFL‟s existing property.

All the accidents to contractor‟s staff will be reported to the Engineer promptly. This

will however, not relieve /absolve the contractor of any statutory and other obligation/

liabilities. Any violation of safety code/regulations will tantamount to disqualification of

the contractor or any type of work in NFL as well as the security deposit will be forfeited

beside other remedies available to NFL .

4.31 The decision of Engineer for determing the category of work with reference to

material of any item not mentioned to scope of work shall be final.

4.32 The contractor shall ensure that all steps be taken towards ensuring safety from fire etc.

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

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

person to become interested therein any manner whatsoever without NFL‟s written

permission. Any breach of this condition shall entitle the NFL to determine the contract

under clause 8.14 of these conditions and shall also the tenderer/contractor liable for

payment to NFL in respect of any loss or damage arising or ensuing from such cancellation

of contract. The permitted sub letting of service by the contractor shall not absolve the

contractor of any responsibility under the contract. In the event, sufficient dues are not

available to reimburse NFL for the expenditure incurred by it for the above, the contractor

shall reimburse NFL for the same.

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

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

contractor to ensure that the labour so employed by him does not got to the other areas of

the plants etc.

4.35 USE OF INTOXICANTS;- The sale and use of ardent spirits or other intoxicants

beverages on the work or in and the buildings, encampments of tenements owned,

occupied by or within the control of the contractor or any of his employees shall be

forbidden and the contractor shall ensure strict compliance with this conditions.

4.36 Female labouers shall not be allowed to work in the plant area unless specifically permitted

by Engineer.

4.37 SECURITY GATE PASS;-

a- Contractor will be responsible to bring his staff inside the factory against a proper Gate

pass issued by the CISF NFL, Nangal . As and when any or some member(s) of the

contractor‟s working staff holding gate pass ceases to remain in service for this contract

job the Gate pass of that person is to immediately surrendered by the contractor. Failing

compliance of this clause amounts breach of contract.

b- Contractor will apply for and manage with the minimum number of photo gate passes

which are actually required for daily work. Such numbers to be worked out and

recommended by the contract awarding authority.

c- Contractor would not be issued new gate passes until he accounts for and deposits already

issued invalid gate passes with CISF.



d- Contractor is bound to keep all the valid photo passes in his custody during the contract

period. In case of loss/damage to the pass, he is required to report in writing to CISF

through the department with one copy to Engineer immediately without any loss of time to

avoid its misuse/ risk.

e- To regularize the loss, a detailed report with the circumstances under which the loss has

occurred mentioning date, time, place and number of the individual whose gate pass has

lost, with the recommendations of the contract awarding authority is required to be

submitted to CISF by the contractor.

f- Contractor shall note that in the event the invalid gate passes are not deposited by the

contractor with CISF within the period of three months from the date of its expiry the

recovery at the rate of Rs.50/- per gate pass will be made from their bills and thereafter no

request for refund of this amount will be entertained.

g- Payment of final bill will be made to the contractor only after submission of certificate

from CISF that all the gate passes issued to the labourers of the contractor have been

returned alternatively no objection certificate may be provided from CISF.

5.0 NFL‟s OBLIGATIONS;

5.01 NFL may provide at its discretion and for the duration of the execution of work land for

putting temporary god owns / workshop for making storage/work site office required for

execution of the contract.

5.02 Water, steam, air compressed air and Electricity will be provided subject to facilities

available at site(at one point near the site to be mutually decided between NFL and

contractor) on free of charge response phase 50 C/s supply: Chargeable at the commercial

rates applicable from time to time. No claim whatsoever shall be entertained by NFL on

account of failure to provide above facilities by NFL. All installations for the distribution

system shall be done and maintained by the contractor at his own cost as per prescribed

rules. NFL may give crane construction aids to contractor, if required free of charge,

subject to availability.

5.03 NFL may provide at its own discretion user‟s certificate and any other assistance required

for procuring material if requested by the contractor.

5.04 a- Waste – 3% material will be supplied extra against waste.

b- Returnable Scrap: exceeding 3% of selected size (only one dimension 300 mm or weight

more than 5 kgs) will be accepted back and equivalent quantity will be issued in standard

sizes available.

c- No scrap will be allowed to be taken out of factory premises. All scrap will have to be

returned to NFL Stores.

d- Wastage over and above that mentioned in (a) and (b) above will be charged as per

relevant clause.

e- Allowance for waste is applicable on steel fabrication only.

6.00 MATERIALS TO BE SUPPLIED BY NFL TO CONTRACTOR

6.01 If after the acceptance of the tender, the contractor desires the NFL to supply any material

not specified in the preamble to schedule of quantities on request of the contractor subject

to its availability in NFL stores maybe issued to the contractor at the rate to be fixed by

NFL at store issue rate plus departmental charges at the rate of twenty five per cent. All

taxes shall be charged extra.

6.02 For the material listed in schedule, if any, which the NFL has agreed to supply the

contractor shall give a reasonable notice in writing of his requirements to Engineer in

accordance with the agreed phased programme. Such material shall be supplied for the

purpose of the contract only. At the time of the submission of bills, the contractor shall

properly account for materials issued to him to the satisfaction of Engineer. and shall

further certify that the balance of materials supplied are available at site and at the time of

submission of final bill, proof that the unused material has been returned to NFL.



6.03 All materials issued to the contractor by NFL for incorporation or fixing in the work

including preparatory work shall on completion of work or on foreclosure by NFL or

abandonment of the work by contractor be returned by the contractor at his expense at

place of issue after making due allowance for actual consumption, reasonable wear and

tear and/or waste. If the contractor is required to deliver such materials at a place other

than the place of issue, he shall do so and the transportation charges from this site to such

place less the transportation charges which would have been incurred by the contractor and

such materials been delivered at the place of issue shall be borne by NFL.

6.04 Surplus materials returned by the contractor shall be credited to him by NFL at the rates at

which these were originally issued to him provided these are returned in the same form and

condition in which they were issued.

6.05 If on the completion of works or on fore closure of work by NFL or abandonment of work

by the contractor, the contractor fails to return the surplus materials out of those supplied

by NFL then in addition to other liability which the contractor would incur, the Engineer

may by a written notice to the contractor, require him to pay within a fortnight of the

receipt of the notice, for such unreturned surplus materials, at double the issue rates or the

market rates, whichever are high failing which amount will be deducted from the

contractor‟s bill without prejudice to any other mode or remedy available to NFL.

6.06 All material issued to the contractor by the NFL shall be preserved by contractor against

deterioration while under contractor‟s custody. Any damage/loss suffered on account of

such deterioration shall be considered as losses suffered due to default of the contractor

and he shall be liable to compensate NFL for the loss suffered at the panel rates to be

determined charged by NFL for the purpose of recovery shall be finalized by NFL and

shall be binding on the contractor.

6.07 All materials shall be issued during the working hours of NFL Stores department regarding

issue and receipt of materials and no claim shall be entertained due to any delay or

hindrance on account of above. Contractor have to make his own arrangements for

transporting the materials from NFL stores to site.

6.08 The contractor shall comply with the rules/procedure/instructions that would be in force in

NFL Stores Department regarding issue and receipt of material and no claim shall be

entertained due to any delay or hindrance on account of above.

6.09 The contractor also shall not be entitled to claim any compensation from NFL for the loss

suffered by him on account of the delay by NFL in the supply of materials. In case of

such delay in the supply of materials, the NFL shall grant such extension of the work as

shall appear to the accepting authority to be reasonable in accordance with the

circumstances of the case. The decision of the accepting authority as to the extension of the

time shall be final and binding on the contractor.

7.0 EARNEST MONEY

The tender shall be accompanied by EMD of Rs.7200/- in the form of Bank Draft only,

drawn in favour of National Fertilizers Ltd., payable at Nangal, preferably on SBI, Naya

Nangal. Tenders without the requisite amount will not be accepted. DD payable at

locations other than Nangal/Naya Nangal shall not be accepted.

EMD will not earn any interest.

EMD will be refunded after finalization of tender only to the unsuccessful bidders. EMD of

successful tenderer shall be converted into Security Deposit.

In case any tenderer backs out from any clause/rates quoted in his offer, the EMD will be

forfeited without any further reference and without prejudice to other remedies.

8.00 SECURITY DEPOSIT/PAYMAENT TERMS:

Initial security deposit @ 2.5 % of contract value will be deposited before start of work.

EMD already deposited by successful tenderer will be adjusted in security deposit. Balance

security deposit @ 7.5% will be deducted from each bill and bills in triplicate will be

normally submitted to Engineer in-charge of Electrical deptt., in the subsequent first week



of the month in which the work has been executed, who will check the bill, verify and

forward to D.G.M. (Electrical) for making payment. All running accounts payments shall

be regarded payments by way of advance against the final payment only. 90% payment

shall be released within 30 days after the acceptance of the bill provided bills are

complete/in order in all respects including the following:-

i- Details of the upto date consumption of different material issued to the contractor by NFL.

ii- A copy of the muster roll regarding all the labour deployed by the contractor, duly verified

by the representative of NFL.

iii- Notarized copy of insurance cover under Employees State Insurance Act, 1948 when

applicable and/or workmen‟s compensation Act, as the case may be, as per clause 8.12 for

all the labour/persons deployed for execution of contract.

iv- Notarized copy of details of PF deposited for labour/persons deployed for execution of

contract. Payment on account of amount admissible shall be made after submission of

above documents by the contractor to NFL.

8.01 Security deposit will be refunded to contractor after payment after the defect liabilities

period which will be 6 calendar months from the date of successful completion of contract.

Any request of contractor will be entertained for submitting Bank Guarantee in lieu of

Security Deposit.

8.02 Extra and/or substituted items:

NFL shall have power to make any alteration in, omission from addition to or substitution

for the original specifications, drawings, designs and instructions which may be considered

necessary during the progress of the work and contractor shall carry out the work in

accordance with any instruction, which may be given to him in writing duly signed by

Engineer or his authorized representative. Such alterations, omission, additions and

substitutions shall not invalidate the contract and any altered, addition or substituted work

which the contractor may be directed to do in the manner above specified as a part of the

work shall be carried out by the contractor on the same conditions in all respects on which

he has agreed to do the main work. The time for the completion of the work shall be

extended /reduced in proportion that the altered, additional substituted or omitted work

bears to be original contract work and the certificate to be issued by NFL shall be

conclusive as to such proportion. The rates for such additions, altered or substituted work

under this clause shall be worked out in accordance with the following provisions in their

respective order.

8.03 Extra and/or substituted items:

If the rate for the additional altered or substituted work are specified in the contract for the

work, the contractor is bound to carry out the additional, altered or substituted work at the

same rate as per specifications in the contract for the work.

In the event, the extra work of the contract does not fall in the category as above, the cost

will be calculated on the basis of actual labour and consumable materials utilized for the

job. The quoted rates for labour will be inclusive of overhead profit. The consumable

material used will be paid on actuals. The quantum of labour and the consumable material

used will be paid on actual. The quantum of labour and the consumable material used will

be assessed by NFL whose decision in this respect will be final and binding upon the

contractor. For this purpose, the contractor shall quote the daily wages of various

categories of skilled/semi skilled and unskilled staff as per annexure. The contractor shall

be required to submit documentary evidence acceptable to NFL, in support of price of

materials, NFL will have the option to get the additional, altered work done departmentally

or through any other contractor.

The contractor will be required to obtain prior approval of NFL for rates payable to him for

such extra items.

8.04 PROCEDURE FOR MEASUREMENT/BILLING OF WORKS IN PROGRESS:

i) Measurement and billing.



All measurement shall be in metric system. All the works in progress will be jointly

measured by the representative of the Engineer in charge and the contractor or his

authorized representative , progress as per methods outlined in the special conditions of the

contract. Such measurement will be got recorded in measurement book by the Engineer in

charge or his authorized representative.

ii) Running Account payment.

All running account payments shall be regarded as payments by way of advance

against the final payment only.

iii) Completion certificate/final bill.

The Engineer in charge shall normally issue to the contractor the completion certificate

within one month after receiving an application thereof from the contractor after verifying

from the completion documents and satisfying himself that the work has been satisfactory

completed in all respect in accordance with the instructions, specifications of contract

documents.

The contractor after obtaining the completion certificate is eligible to present the final bill

for the work executed by him. The final bill shall be prepared on the basis of the final

measurement entered in the measurement books/sheets. The final bill shall be prepared in

the prescribed Performa with reference to total work covered by the contract applying the

applicable rates, specified in the schedule of rates to the relative measured quantities. The

final bill shall also include all additional claims of the contractor, if any, and considered as

conclusive.

iv) Final Certificate:

Within fifteen days of the contractor‟s application made after the expiry of the period of

defect liability provided for in clause 4.12 hereof on satisfaction of all liabilities of the

contractor in respect thereof, the Engineer in charge that the contractor has performed his

obligations in respect of the defect liability period and until issue of such final certificate,

the contractor shall be deemed not to perform such liabilities notwithstanding issue of the

completion certificate or payment of the final bill by NFL.

8.05 NFL may with hold payment to such an extent as may be necessary to protect itself from

loss on account of :

a) Defective work not remedied.

b) Failure of the contractor to make payment properly to the permitted sub contractor or for

the materials or his staff/employees/labour.

c) Damage to another contractor or NFL property.

d) Reasonable doubt that the contract cannot be completed from the balance then incomplete.

e) Claims filed or reasonable evidence indicating probate filling of claims.

f) For other reason mentioned elsewhere in the contract.

8.06 NFL reserves the right to carry out post payment audit and technical examination of the

final bill including all supporting vouchers abstracts etc. NFL further reserves the right to

enforce recovery of any over payment when detected notwithstanding the fact that the

amount of final bill may be included by one of parties as an item of the dispute before an

arbitrator appointed under clause-9 notwithstanding the fact that the amount of final bill

figure in the arbitration award which is under challenge.

8.07 If as a result of such audit and technical examination any over payment is discovered in

respect of any work done by the contractor or alleged to have been done by him under the

contract, it shall be recovered by NFL from contractor by any of the methods prescribed

above or if any under payment is discovered the amount shall be duly paid to the contractor

by NFL provided that the aforesaid provision for payment of under payments and

adjustments of over payment shall not extend beyond the period of 3 years from the date of

payment of the final bill or in case the final bill is a minus bill, from the date of minus final

bill is communicated to the contractor.



8.08 Any amount due to the contractor under this contract for under payment may be adjusted

against any amount then due or which may at any time thereafter become due, before

payment is made to the contractor, from his dues with NFL on any other contract or

amount whatsoever or may recover from contractor by any other mode.

8.09 The Contractor shall maintain all prescribed registers, record and other documents in

compliance with applicable labour laws and allow NFL representative access to these

documents for such investigation inspection or enquiry as may be desired by the company

to see that the provisions of all labour laws are being properly complied with by the

contractor. It is, however, clearly understood that the contractor shall not be absolved of

any of his responsibility for any breach or violation of rules and regulations under the

respective acts, either by such investigation or inspection or enquiry by NFL or not having

made such an investigation or inspection or enquiry.

8.10 The contractor shall at all times keep NFL indemnified against all claims, damages or

compensation under the provisions of the payment of wages Act, 1936, Minimum Wages

Act, 1948,Employees Provident Fund and Miscellaneous Provisions Act, 1952, Employers

Liability Act, 1938, Workmen‟s Compensation Act, 1923, Industrial Disputes Act, 1947

and the Contract Labour (Regulations and Abolition ) Act, 1970, Employment of Child

Labour Act, 1947, 1938 or any other law relating thereto and rules made there under from

time to time as a consequence of any accident or injuries to any workmen or other persons

in or about the works, whether in the employment of the contractor, or not save except

where such accident or injury has resulted from any act of NFL or his agents or servants

and also against all costs, charges and expenses of any suit, action proceeding arising out

of such accident or injury and against all sum or sums which may with the consent of the

contractor be paid to compromise or compound any claim. Without limiting his obligations

and liabilities as above provided, the contractor shall ensure against all claims damages or

compensation payable under the Workmen‟s Compensation Act,1923 or any modifications

thereof or any other law relating thereto.

8.11 FORCE MAJEURE:

Neither party shall be liable for any claim on account of any loss, damage or compensation,

whatsoever , arising out of any failure to carry out the terms of this contract where such

failure is caused due to war, hostilities, revolutions, epidemics, rebellion, mutiny, civil

commotion, fire riots, earthquake, drought, floods, civil commotion, strike, act of God or

due to any restraint or regulations of the State or Central Govt. or a local

authority/authorities provided a notice of such occurrence is given to other party in writing

within ten days of the occurrence of force majeure conditions, furnishing therewith a

documentary evidence supporting the invoking of force majeure clause. On cessation of

force majeure, the party invoking force majeure conditions shall also give documentary

evidence thereof to this effect i.e cause of force majure and for the duration of force

majure. In case of force majeure lasting continuously for a period of two months, the two

parties should consult each other regarding the future execution of the contract. No other

cause shall be considered to be the cause of force majeure.

8.12 INSURANACE:

i) The contractor shall at its own expense carry and maintain insurance as per employees

State Insurance Act, 1948(up to date) when applicable for its employees and shall

indemnify and hold harmless NFL from all liabilities whatsoever on this account. NFL

shall retain such sum as may be necessary from the total contract value until the contractor

shall furnish satisfactory proof that all contributions are required by the Employees State



Insurance Act, 1948 have been paid. This will be binding on the contractor only when the

Employees State Insurance Act is extended to place of work.

ii) Workmen‟s Compensation Insurance Cover should be taken for all the persons engaged by

the contractor.

iii) Insurance Policy should be for all the full contract period of one year shall get

extended/renewed for the extended period of contract, if any.

iv) Contract number should be mentioned in the Insurance Policy.

v) Medical treatment should also be covered in the policy in addition to the workmen

compensation as per Act.

vi) The contractor is required to get the insurance policy endorsed in favour of NFL in terms

of endorsement No.140 extending the policy for indemnity to principals.

Vii) Third party insurance required, if any, shall be arranged by the contractor at his own cost.

viii) The contractor shall not be allowed to put his staff /labour/employees on work until and

unless he obtains insurance cover for all the supervisors/workers engaged by him. The

contractor immediately before start of work must submit the notarized photocopy of

insurance cover.

8.13 The decision of Engineer in charge of NFL shall be final in regard to all matters relating to

this tender.

8.14 TERMINATION OF CONTRACT IN FULL OR PART:

a) If the contractor:

i) fails to undertake the job after acceptance of his tender and award of work by NFL or

ii) at any time makes default in proceeding with the work in full or in part with due diligence

and continue to do so after a notice in writing of 14 days from NFL or

iii) Become bankrupt or insolvent or

iv) Make an arrangement with or assignments in favour of his creditors, or inspection of his

creditors or

v) Being a company or corporation, go into liquidation (other than a voluntary liquidation for

the purpose of amalgamation or reconstruction) or

vi) Have an execution levied on his goods or property on the works or

vii) Assign, transfer, sublets the contract or any part thereof, otherwise, than if any, as provided

in the contract or

viii) Unilateral stoppage of work or

ix) Abandon the contract or

x) Persistently disregard the instructions of NFL or

xi) Fail to adhere to the agreed programme of work or

xii) Contravenes any provision of contract or



xiv) Shall obtain a contract with NFL as a result offering tendering or other non bonafide

methods of competitive tendering or

xv) if the contractor is an individual or a proprietary concern and the individual or the

proprietor dies and if the contractor is a partnership concerned and one of the partners dies,

then unless the accepting authority is satisfied that the legal representatives of the

individual contractor or of the proprietor of the proprietary concern and in the case of

partnership the surviving partners are capable of carrying out and completing the contract,

the accepting authority shall be entitled to cancel the contract as to its incomplete part

without NFL being in any way liable to payment of any compensation to the estate of the

deceased contractor and/or the surviving partners of the contractor firm on account of

cancellation of the contract. The decision of the accepting authority that the legal

representative of the deceased contractor or the surviving partners of the contractor firm

cannot carry out and complete the contract shall be final and binding on the parties. In the

event of such cancellation, NFL shall not hold the estate of the deceased contractor and/or

the surviving partners of the contractor liable to damage for not completing the contract.

B) Without prejudice to any other remedy, NFL reserves its right to adopt any or several of

the following course:-

i) Award parallel contract and/or

ii) To recover from contractor any loss incurred by NFL when the contractor unable to

execute the contract and/or

iii) Terminate the contract and/or

iv) Forfeit the earnest money security deposit and/or

v) To get the execution of contract for the remaining period at the risk and cost of the

contractor and/or

vi) Delist/blacklist the contractor

9.0 ARBITRATION:

The contract shall be governed by and construed in accordance with the laws of India.

Contracts having contract value up to Rs.5.00 Lakhs.

Except where otherwise provided in the contract all matters, questions, disputes or differences

whatsoever which shall at any time arise between the parties hereto, touching the construction,

meaning, operation or effect of the contract, or out of the matters relating to the contract or

breach thereof, or the respective rights or liabilities of the parties, whether during or after

completion of the works or whether before or after termination, shall after written notice by

either party to the Contract be referred to Unit Head, NFL, Nangal Unit or his nominee whose

decision shall be final and binding upon both the parties.

The contractor hereby agrees that he shall have no objection if the Arbitrator so appointed is an

employee of NFL and he had to deal with the matter to which the contract relates and that in the



course of his duties as such he has expressed his views on all or any of the matter in dispute or

differences.

If the arbitrator to whom matter is referred, vacate his office by any reason whatsoever then the

next arbitrator so appointed shall start the proceedings from where his predecessor left.

It is agreed by and between the parties that in case a reference is made to the arbitrator or the

arbitral tribunal for the purpose of resolving the disputes/differences arising out of the contract

by and between the parties hereto, the arbitrator or the arbitral tribunal shall not award interest

on the awarded amount more than the rate of SBI PLR or actual interest rate paid by the

owner(NFL) whichever is lower, prevailing on the date of award of contract.

Civil courts jurisdiction is excluded in respect of above and for any cause of action in respect of

arbitration shall be subject to the principle civil court of original jurisdiction at Rupnagar only,

Distt. Rupnagar (Pb).

Subject to as aforesaid the arbitration proceedings shall be governed by the Arbitration &

Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made

there under.