1 NATIONAL FERTILIZERS LIMITED (A Govt. of India Undertaking) Naya Nangal(Punjab)-140126 India Materials Department (Purchase Section) Phone-1887-220548/220617; Fax- 01887-220541 OPEN TENDER NOTICE INVITING e-TENDER FOR TRANSPORTATION OF LIQUID AMMONIA LAST DATE OF SUBMISSION OF TENDER : 28-12-2020 3:00 PM OPENING DATE & TIME OF TECHNICAL BID : 29-12-2020 3:00 PM OPENING DATE & TIME OF PRICE BID : Decide Later Tender No. NFL/STORE/RMC/AMM.TPN./01/2020, Dated: 11.12.2020
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NATIONAL FERTILIZERS LIMITED (A Govt. of India Undertaking)
Naya Nangal(Punjab)-140126 India Materials Department
NATIONAL FERTILIZERS LIMITED (NFL), Nangal, a Govt. of India Undertaking referred to herein as the Owner intends to enter into contract for Transportation of LIQUID AMMONIA from its Plant located at Panipat, Bhatinda & Vijaipur to Nangal. The bid for transportation of Liquid Ammonia are invited to submit in TWO PART BID i.e. Part-I The Techno-Commercial Bid Proposal(Un-Priced) and Part-II, The Price Bid Proposal for the said item through e-Tendering. Methodology for submission of NIT has been detailed here under in this document.
1 The procurement shall be made through e-tendering process on portal : URL - http://etenders.gov.in/cppp The offers in this process are required to be submitted electronically under Two Part Bids in place of offers in ‘Hard Copy Under Sealed Envelope’ as being done conventionally. Pre-Requisites for System using e-procurement sites:
Windows 7, 8, 10 professional
A computer system with at least 1 GB RAM and internet Connectivity
Internet Explorer 10.0 and above or Mozilla 42 to 49
Internet Connectivity with at least 2 Mbps speed
Java Run Time Engine (JRE- 1.8.0) or higher
Adobe Acrobat Reader, PKI Installation Driver for Digital Signature Pre-Requisites for DSC Registration:
The Vendor becomes a valid vendor only after the registration of the DSC
Vendors need to possess a valid DSC for participating in e-Tendering (class3 DSC)
Vendors need to procure DSC 24 hrs prior to DSC registration
It can be procured from any of the Certifying Authority registered under CCA India eg. Sify, ncode, emudra etc
Respective DSC Drivers needs to be installed
DSC needs to be physically inserted into the system
DSC should appear in the Browser
DSC of the vendor will mapped with their User ID once they Login first time For more details refer User manual section on home Page of e-procurement portal -
http://etenders.gov.in/cppp Pre-requisites for Login Credentials: (Open Tender Only):
For Login credentials, vendors need to register/Sign-Up on the e-procurement portal by clicking on sign Up link available at home page.
Vendor shall safely keep their User ID and password, which will be issued by the service provider upon registration/Sign-Up
Vendors are advised to change the password immediately on receipt from the e-procurement portal.
Vendors shall not disclose their User ID as well as password and other material information relating to the bidding to any one and safeguard its secrecy.
For any queries, regarding e-tendering, you may contact M/s eprocure.gov.in ( Central Public Procurement Portal)
Sl. No. Support For Support Contact No. Contact e-mail
1
e-Tendering Registration / Sign Up Queries Help Desk
2 Before the Techno-Commercial opening (as per Tender Schedule) though vendor is required to E- transfer the EMD amount of Rs One Lacs. In case, vendor fails to submit the requisite EMD, prior to bid opening (as per Tender Schedule), the offer is liable to be rejected and may not be opened.
The offer shall be submitted, electronically. Tender Schedule:
5 NFL takes no responsibility for delay, loss or non-receipt of EMD sent by post/courier.
6 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOF/COURSE OF ACTION TO BE FOLLOWED; NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live Tendering. However in case the system could not be restored within the reasonable time period as deemed fit by NFL, the following remedial measures shall be taken under such an eventuality:
1. Tender is prepared and
released but vendors are not
able to submit their bids.
The due date of closing/opening shall be extended suitably.
2. Bids have been submitted but
the same cannot be opened
by NFL.
The due date of opening shall be extended suitably.
7 Tenders will be submitted on line on the web site http://etenders.gov.in/cppp
8 No oral, telephonic, telegraphic Tenders or Tenders submitted in hard copies/physical form will be entertained.
9 All Tenders should be submitted online digitally signed and sealed by using digital certificate
10 Tenderers are requested to scrutinize the Terms and Conditions of this Tender thoroughly along with the General Terms and Conditions etc. as given in Tender Documents.
11 No amendment to the Tender would be admissible under any circumstances, whatsoever after the closing date and time of receipt of Tenders.
12 Note:
After expiry of date & Time for a particular activity as mentioned above, that particular activity cannot be done unless the schedule for the same is extended/amended. Similarly no activity can be done before start date & time specified for that particular activity unless the schedule for the same is preponed /amended.
13. Price bids shall be opened only of those Bidders who are found meeting Eligibility Criteria,
Technically qualified, electronically. NFL reserves the right to reject or accept any Tender without giving any reason.
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Annexure-I
TECHNO-COMMERCIAL CONDITIONS
1.1(a) Scope of Work:
A. Tenders are invited for award of contract by National Fertilizers Ltd. (NFL) for transportation
of 12000 MT of Liquid Ammonia from NFL PANIPAT (HR) , 10000 MT from NFL, Bhatinda and
6000MT from NFL Vijaipur to NFL NANGAL (PB), over a period of Twelve months. However,
this quantity. is only indicative and may increase & decrease as per availability & requirement
of material. The requirement of Tankers may not be regular and will depend upon actual
requirement of ammonia at Nangal Unit.
B. The transporter(s) will be required to supply road-worthy Tankers having safety norms
prescribed under Explosive Act and Safety Act and/or any other law/regulations for the time
being in force for transportation of the product.
1.1 (b). Duration & Validity of Contract
i. The period of contract is for a period of twelve months from the date of award of contract/LOI.
However, NFL may terminate the contract earlier also without any notice and without assigning any
reason, whatsoever.
ii. The period of contract may be extended for further three (03) months at the sole discretion of NFL.
iii. Transporter should quote the following, as per price bid format enclosed;-
I. The per MT per KM rates for transportation of Liquid Ammonia from NFL, Panipat and NFL,
Bhatinda and NFL Vijaipur to NFL, Nangal.
II. One way distance from NFL, Panipat to NFL, Nangal Plant will be taken as 255 KM as per
defined Road Route. The one way distance from NFL,Bhatinda to NFL Nangal plant will be
taken as 307 KM as per defined road route. The one way distance from NFL,Vijaipur to NFL
Nangal plant will be taken as 900 KM as per defined road route.
III. Offers will be evaluated, based on per MT per KM transportation rate, to and fro distance will
be taken as 510 KM , 614 KM and 1800 KM respectively for transportation from Panipat ,
Bhatinda and Vijaipur unit respectively. Examples given below:-
Per MT per KM transportation rate = Rs ‘A’
To and fro distance, in KM, between NFL, Panipat and NFL, Nangal = 510 KM
To and fro distance, in KM, between NFL, Bhatinda and NFL, Nangal = 614 KM
Thus Transportation rate from Panipat will be = Rs A*510
& Transportation rate from Bhatinda will be = Rs A*614
IV. The rates (per MT/KM) quoted shall be firm during the entire period of the contract, including
extended period, and no escalation/descalation, whatsoever, on any account would be
considered except on account of increase/decrease in the prices of diesel once in a month i.e.
as on 1st day of month as per Clause No. 1.9 of Terms & Conditions.
1.1(c). Commencement of Work:
The transporter(s)shall start his work from the date as mentioned in the LOI/Contract.
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1.1(d). Volume of Work:
No guarantee can be given as to any definite quantity that will be entrusted to the transporter at
any time or during the period of the contract. The Tentative Quantity to be transported would be
approximately 12000 MT, 10000 MT and 6000 MT from NFL, Panipat, NFL, Bhatinda and NFL
Vijaipur respectively over a period of twelve months. The quantity may increase up to 20% &
decrease to any extent depending upon the requirement of Ammonia by Nangal Unit and other
factors whatsoever. NFL does not guarantee for transporting any minimum quantity & there shall
be no liability what so ever on NFL in case the transporter is not issued any delivery instructions for
transporting or for transporting of reduced quantity of Ammonia during the currency of the
contract.
1.1(e). Delivery Instructions:-
(i) Material shall be transported on 'As and when required' basis, as per the delivery instructions
issued by Nangal unit. For this purpose Nangal unit shall issue delivery instructions indicating
quantity and schedule of transportation.
(ii) Delivery instructions will be issued on monthly basis by Nangal unit, in multiple of Tanker
Loads. A period of 30 days from the date of delivery instruction shall be allowed for lifting the
quantity mentioned in the delivery instructions.
(iii) An additional mobilization period of 07 days will be allowed against 1st delivery instruction to
enable transporter for mobilization of Tankers as per requirement.
(iv) All the vehicles shall follow the following route only:
A. NFL Panipat Karnal Ambala Banur Kharar Ropar Anandpur Sahib NFL
4. Transporter/ Successful bidder’s i.e. Goods Transport Agency to issue consignment note to
NFL for transportation of goods undertaken by them.
5. In terms of notification No. 13/2017 Central Tax (Rate), dated 28-06-2017 (Sr. No. 1) as
amended by Notification No. 22/2017-Central Tax (Rate), dated 22-08-2017, the liability to
pay tax devolves on the recipients for supply of services (i.e. NFL)in case the goods transport
agency (GTA) has not paid central tax @6% + State Tax @ 6%/ Integrated Tax @ 12% in
respect of transportation of goods by road. Transporter Opting for discharge of tax on forward
charge to specify the same in the columns provided in the technical bid. NFL shall reimburse
GST levied as per invoice issued by the Transporter as prescribed under section 31 of the
CGST Act and respective states and Rules.
6. Transporter opting for discharge of tax under forward charge, to provide tax invoice as
provided under rule 54(3) of CGST Rule 2017. Payment to Transporter would be released
only on receipt of proper tax invoice wherever the tax liability is to be discharged by the
Transporter under forward charge mechanism.
7. The Transporter would be liable to reimburse or make good of any loss/ claim by NFL towards
tax credit rejected / disallowed by any tax authorities due to non deposit of taxes or non
updation of the data in GSTIN Network or non filling of returns or non compliance of tax laws.
8. The transporter opting to pay tax on forward charge basis to charge tax based on the place of
supply provisions.
9. In case, NFL Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e. payment of
Integrated Tax in place of Central Tax+ State/ Union Territory Tax or vice Versa, the
transporter is liable to make good the loss suffered by NFL by issuance of suitable credit note
to NFL. In case, transporter does not issue credit note to NFL, NFL would be constrained to
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recover the amount including interest payable along with Statutory levy, if any, payable on
such recovery.
10. The transporter has to comply with all the provisions of the GST law with respect to
movement of goods especially in relation of e-way bills.
5.14 INSURANCE OF MATERIAL:
NFL shall arrange for transit insurance for the product to be transported from NFL- PANIPAT
(HR) , NFL, BHATINDA (PB) AND NFL, VIJAIPUR to NFL NANGAL (PB)
NFL shall also arrange for public liability insurance for the material transported by road. The
policy does not cover liability arising out of willful or intentional non compliance of statutory
provisions. Transporter shall bear the costs of liability arising out of negligence of the driver,
willful or intentional non compliance of any statutory provisions.
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6.0 EARNEST MONEY .
Tenders must accompany EMD of ` 100000 (Rupees One Lac Only) in the
form of
I. E Transfer in NFL account through RTGS / NEFT
Our Bank account details are as under ;
Bank Name : State Bank of India, Naya Nangal
Account No : 011070992603 ( Cash credit A/c)
IFS Code : SBIN0000689
MICR : 140002304
6.1 Forfeited of EMD: Earnest money will be forfeited at the sole discretion of NFL, in case tender
after opening of tender, either wholly or in part, refuse to accept the Purchase Order or changes
any of the conditions of the tender or changes the quoted rates and/ or terms and conditions of
the tender within validity period, if the successful tenderer does not deposit the security as
stipulated in the Purchase Order, EMD will be forfeited without further reference.
6.2 Earnest Money Deposit of the unsuccessful tenders will be returned as early as possible after
finalization of the tender.
6.3 Earnest Money Deposit will not carry any interest.
6.4 The tenders submitted without Earnest Money Deposit may be summarily rejected
without any further reference.
6.5 GST at applicable rate shall be on forfeiture of EMD.
7.0 SECURITY DEPOSIT
SD can be submitted in the form of
e-transfer in NFL account through RTGS/NEFT.
Our Bank account details are as under: -
Bank Name : State Bank of India, Naya Nangal
Account No.: 011070992603 (Cash credit A/c)
IFS Code : SBIN0000689
MICR : 140002304
Or
“The tenderer shall furnish a Bank Guarantee from any of the Schedule Bank excluding Gramin/
Cooperative Bank in the form specified by NFL against Security Deposit for the faithful and proper
fulfillment of the contract. The Bank Guarantee should be valid for a period of Fifteen months plus 3
months claim period. The Bank Guarantee should be submitted by bankers directly to NFL in a sealed
cover and not through supplier.
The party shall also arrange to send BG advice (including all BG amendments) by their issuing bank
through SFMS Platform directly to the NFL, Bankers, i.e., ICICI Bank Ltd., K1, Senior Mall, Sector-18,
Noida, U.P., -201301, IFSC Code ICICI 0000031, as per following details:-
(i) IFN 760 COV for issuance of Bank Guarantee.
(ii) IFN 760 COV for amendment of Bank Guarantee.
(iii) Issuing Bank shall mention IFSC Code as ICICI 0000031 in field 7035 of IFN 760 COV / IFN 767
COV.
(iv) Issuing Bank shall mention NFL Beneficiary Code as “NFL NATIONAL04022015” in field 7037 of
IFN 760 COV / IFN 767 COV.
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7.1 The successful tenderer shall be required to furnish non-interest bearing Security Deposit @
5% of the value of the order or min Rs. 2.5 Lacs as per clause 7.0 of our tender
document after adjusting EMD (if already submitted) in the form of e-transfer/Bank
Guarantee from nationalized/scheduled bank excluding rural & co-operative bank covering
delivery period plus 3 months claim period. Bank guarantee must be directly sent by your
banker to NFL. URN No. for the same may be mentioned in the offer.
7.2 The Security Deposit will be retained by NFL during the currency of contract or till settlement of
all the accounts thereof, whichever is later. In case any dispute or difference not settled within
the validity of Bank Guarantee, tenderer will arrange to get the Bank Guarantee extended as
asked for by NFL, else NFL, at its sole discretion may call upon the Bank to pay the whole or part
of the amount of Bank Guarantee.
7.3 The above deposit will be deemed to be security for the faithful performance of the contract and
for the purpose of Section 74 of the Indian Contract Act, 1872 and for the extension of that
section. In the event of any breach of any terms and conditions of the contract, NFL will have the
right to encash the Bank Guarantee/Security Deposit either the whole or part of value of Bank
Guarantee or Security Deposit and tenderer will make good the value of Bank
Guarantee/Security Deposit to the extent of the amount so drawn within 15 days of receipt of
intimation from NFL to this effect.
7.4 The amount so drawn will not in any way effect any remedy to which NFL may otherwise be
entitled or any liability incurred by tenderer under the contract or any law for the time being in
force relating thereto or bearing thereupon.
7.5 In the event of the forfeiture of whole or part of the security deposit, the tenderer will deposit
further sum/sums, so as to maintain the full security deposit amount.
7.6 The security deposit will be refunded after contract has been successfully completed. It will be
lawful for NFL, if any difference or dispute is likely to exist, to defer payment of the security
deposit or any portion thereof which may be due for release until such difference and dispute
had been finally settled or adjusted.
7.7 The security deposit will not carry any interest.
7.8 Security deposit will be refunded after 3 months of satisfactory completion of the contract. GST
applicable rate shall be applicable on forfeiture of security deposit.
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8.0 PAYMENT TERMS
The transporter(s), after delivery of material to the actual consignee, shall submit the bills to
Stores Department of NFL Nangal Unit along with duly acknowledged GTRs of each tanker, in
duplicate.
The payment shall be released to the transporter(s), from Nangal Unit, within 30 days from the
date of receipt of the bills complete in all respect in Nangal Unit.
Income tax as applicable shall be deducted at source as per the provision of Income Tax Act of
1961 as applicable from time to time.
8.1 Loading Criteria:
The Tenderers must accept the Terms and conditions stipulated in NIT failing which the offer is
liable to be rejected at the sole discretion of NFL. NFL however, may at its sole discretion accept
offers having deviation to NIT Terms and conditions in respect of EMD & security deposit by
adopting the stipulated loading criteria attached.
9.0 FORCE MAJEURE:
Neither transporter(s) nor NFL 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 transporter(s) 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 transporter(s) invoking force majeure conditions shall also give documentary
evidence thereof to this effect i.e cause of force majeure and for the duration of force majeure. In
case of force majeure lasting continuously for a period of two months, both the 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.
10.0 TERMINATION OF CONTRACT IN FULL OR PART:
A) If the transporter(s):
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
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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
xiii) shall obtain a contract with NFL as a result offering Tendering or other non bona fide
methods of competitive Tendering or
xiv) if the transporter(s) is an individual or a proprietary concern and the individual or the
proprietor dies and if the transporter(s) is a partnership concerned and one of the partners
dies, then unless the accepting authority is satisfied that the legal representatives of the
individual transporter or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are incapable 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 transporter(s) and/or the surviving partners of the transporter(s) firm on account
of cancellation of the contract. The decision of the accepting authority that the legal
representative of the deceased transporter(s) or the surviving partners of the transporter(s)
firm cannot carry out and complete the contract shall be final and binding on the
transporters. In the event of such cancellation, NFL shall not hold the estate of the deceased
transporter and/or the surviving partners of the transporter liable to damage for not
completing the contract.
B) Without prejudice to any other remedy, NFL reserves its right to adopt any or several of the
following courses:-
(i) Award parallel contract and/or
(ii) To recover from transporter any loss incurred by NFL when the transporter 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
transporter(s) and/or
(vi) Delist /blacklist the transporter
11.00 ARBITRATION:
The contract shall be governed by and construed in accordance with the laws of India.
(a) “Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be resolved amicably though negotiations by the Parties. A “Notice of Dispute” shall be given by the party seeking resolution of a dispute to other party. If the dispute is not resolved within Thirty (30) days from the notice, the dispute shall be referred to arbitration as per the procedure mentioned herein below: A written notice shall be given by the contractor invoking arbitration to National Fertilizers Limited through Unit Head, Nangal Unit/ DT/CMD (As the Case may be). Where the claim including determination of interest, if any, being claimed upto the date of commencement of arbitration does not exceed Rs. Five Crore, the reference shall be made to a sole arbitrator. The parties shall mutually agree on the name of sole arbitrator. In case of disagreement upon the name of the sole arbitrator, the appointment of Sole Arbitrator shall be done in accordance with the provisions of Arbitration & Conciliation Act, 1996. Where the claim including determination of interest, if any, being claimed, upto the date of commencement of arbitration exceeds Rs. Five Crore, the reference shall be made to arbitral tribunal
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consisting of three arbitrators. Each party shall nominate one arbitrator each within 30 days from the date of receipt of notice of invocation of arbitration and two nominated arbitrators shall appoint the presiding arbitrator within 30 days thereafter. If a Party to the dispute refuses or neglects to nominate an arbitrator on its behalf within the period specified, or the two arbitrators fails to nominate Presiding arbitrator, appointment of Arbitrators(s) shall be done in accordance with the provisions of Arbitration & Conciliation Act, 1996. The Arbitration proceeding shall be governed by the Arbitration & Conciliation Act 1996 and any further statutory modification or re-enactment thereof and the rules made there under. It is agreed by and between the parties that in case a reference is made to the Arbitrator for the purpose of resolving the disputes/ differences arising out of the contract by and between the parties hereto the Arbitrator shall not award interest on the awarded amount more than the rate SBI PLR/Base Rate applicable to NFL on date of award of contract. The seat and venue of arbitration shall be Nangal Unit. The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the arbitral tribunal. The decision of the arbitral tribunal shall be final and binding on all parties.” For CPSEs and Government Department:
(b) All commercial disputes between CPSEs inter se and CPSE(s) and Govt Department(s) Organization(s)
shall be settled through Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) as
provided vide DPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018 and DPE-GM-
05/0003/2019-FTS-10937 Dated 20.02.2020. Following clause in all commercial contracts between
CPSEs inter se and CPSEs and Government Departments/ Organizations shall be included as under:
“In the event of any dispute or difference relating to the interpretation and application of the
provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/ Port Trusts
inter se and also between CPSEs and Government Departments/Organizations (Other than those
related to taxation), such dispute or difference shall be taken up by either party for resolution through
AMRCD as mentioned in DPE OM No. 4(1)/2013- DPE(GM)/FTS-1835 dated: 22-05-2018”.
12.00 JURISDICTION
Notwithstanding any other court or courts having jurisdiction to decide the question (s) forming
the subject matter of the reference if the same had been the subject matter of a suit, any and all
actions and proceedings arising out of or relating to the contract (including any arbitration in
Terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at Anandpur
Sahib (where this contract has been signed on behalf of the owner) and only the said courts shall
have jurisdiction to entertain and try such action (s) and or proceeding (s) to the exclusion of all
other courts..
13.00 ELIGIBILITY CRITERIA
Bidders shall agree to the eligibility criteria for the Tender (Attached as Annexure- II) and shall
upload necessary documents (duly numbered) mentioned in it. Any offer not meeting the
eligibility criteria shall be rejected.
14.00 INTEGRITY PACT - Integrity Pact: You have to upload the duly signed copy of integrity pact as
attached with NIT as Annexure-B.
NOTE:
N.F.L. NANGAL - GSTIN No.03AAACN0189N2ZD & PAN No. AAACN0189N
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15.00 If the Transporter is unable to execute the work any loss incurred by the company in this
respect, will be, to the Transporter’s account. The company may also terminate the contract
after giving a three-day notice, if in its opinion; the work under the contract is not being done to
its satisfaction. The Company will also have right to get the job done by a third party at the risk
and cost of the Transporter till the expiry of the period of the contract and debit the cost plus
25% to the Transporter.
16.00 If a Tenderer resorts to any frivolous, malicious or baseless complaints/ allegations with pintent
to hamper or delay the Tendering process or resorts to canvassing/ rigging/ influencing the
Tendering process, NFL reserves the right to debar such Tenderer from participation in the
present / future Tenders up to a period of 2 years.
Yours faithfully,
For & on behalf of NFL,
Dy. Gen. Manager (Materials)
Encls:
1. Technical Bid Template
2. Annexure ‘A’
3. Annexure ‘B’
4. BG Format.
5. Loading Criteria as ‘Annexure-C’
6. Bank Solvency Certificate
7. Eligibility Criteria (Annexure-II)
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PART-I
TECHNICAL BID TEMPLATE:
Sr.
No
.
Description NFL Requirement As Per NIT Vendor's
Comments
1 SCOPE OF WORK Transportation of 12000MT of Liquid Ammonia from NFL
PANIPAT (HR), 10000 MT from NFL, BHATINDA and
6000MT from NFL VIJAIPUR to NFL NANGAL (PB), over a
period of twelve months, as detailed in clause no. 1.1 (a)
of Tender document.
2 DURATION &
VALIDITY OF
CONTRACT
The supply contract shall be valid for the period of twelve
months. However NFL at its sole option can extend the
period of contract by three months on same Terms and
conditions and prices. Please accept as detailed in clause
no. 1.1 (b) of Tender document.
3 VOLUME OF WORK The tentative quantity to be transported would be
approximately 12000 MT, 10000 MT and 6000 MT over
a period of twelve months. The quantity may increase
up to 20% & decrease to any extent depending upon the
requirement of Ammonia by Nangal Unit and other factors
whatsoever, as detailed in clause no. 1.1 (d) of Tender
document.
4 DELIVERY
INSTRUCTIONS
Material shall be transported on 'As and when required'
basis, as per the delivery instructions to be intimated by
NFL-NANGAL as per clause no.1.1(e) of our Tender
5 SPLITTING OF
ORDER AMONG
BIDDERS
Considering the total quantity to be transported as 12000
MT , 10000 MT and 6000MT from Panipat , Bhatinda and
Vijaipur, NFL' intends to split the quantities among two
parties at matched rate in the ratio of 60:40. Work about
60% of the contract value will be awarded to L-I Tenderer.
For balance work L-2 Tenderer will be asked to accept the
rates, Terms and conditions of L-I Tenderer. If L-2
Tenderer don’t agree then L-3, L-4 or so on Tenderer will
be asked to accept the same. If no Tenderer agreed to
accept the rates, Terms and conditions of L-I Tenderer in
that condition the complete work will be awarded to L-1
Tenderer, as detailed in clause no. 1.1 (f) of Tender
document.
6 PAYMENT MODE As per clause no. 1.1(g) of our Tender
7 ELIGIBILITY
CRITERIA
Bidders shall agree to the eligibility criteria for the Tender
(Attached as Annexure- II) and shall upload necessary
documents (duly numbered) mentioned in it. Any offer not
meeting the eligibility criteria shall be rejected.
8 VALIDITY OF PRICE
BID
Tenders must be valid for acceptance for 90 days from the
Tender opening date
9 UOM Rates to be quoted in Rs. Per MT per KM
10 SHORTAGES Due to nature of item, NFL will allow total variation of (-)
1.5% in weight which includes 1% variation on account of
nature of item & 0.5% on account of weigh-bridge
variation at the loading point and at the unloading point as
detailed in clause no. 5.02 of Tender document..
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11 PENALTY FOR DELAY
IN TRANSPORTING &
DELIVERY OF
MATERIAL
A period of maximum 3 days excluding the date of
collection will be allowed for delivery from Bathinda and
Panipat units and maximum 7 days excluding the date of
collection will be allowed for delivery from Vijaipur unit at
the destination. Penalty @ 5% of chargeable freight per
day of 24 hrs ( reckoned from the time of dispatch), will be
levied for late delivery. However, maximum penalty will be
limited to chargeable freight of the particular tanker, as
detailed in clause no. 5.07 of Tender document.
12 LIQUIDATED
DAMAGES
Please accept LIQUIDATED DAMAGES, as per clause no.
5.12 of our Tender document.
13 PAYMENT OF TAXES
& DUTIES
The transporters(s) shall quote their rates inclusive of all
taxes & duties except GST on transportation. NFL shall pay
GST on transportation, if applicable, to concerned
department directly as detailed in clause no. 5.13 of Tender
document..
14 INSURANCE OF
MATERIAL
As per clause no. 5.14 of our Tender
15 EMD Submit EMD of Rs 100000/-, as per clause no. 6.0 of
our Tender document.
16 SECURITY
DEPOSIT
SD @ 5% of the value of the W.O or min. Rs 2.5 Lacs,
after adjusting the EMD as per clause no. 7.1 of our
Tender document.
17 PAYMENT TERMS The payment shall be released to the transporter(s), from
Nangal Unit, within 30 days from the date of receipt of the
bills complete in all respect in Nangal Unit as per clause no.
8.0 of our Tender document.
18 ANY OTHER
COMMENT /
INFORMATION
/REMARKS
No deviation to the Terms & conditions of NIT are allowed.
The offer with any condition / deviations are liable to be
rejected at sole option of NFL. However vendor may
offer comment, if any.
19 DELISTING / BLACK-
LISTING
Transporters, their associates, sister concern etc. black-
listed by NFL or other Public Sector Undertaking or Co-
operative Society in last 2 years shall not be considered.
20 RELATIONSHIP WITH
NFL EMPLOYEES
Tenderer must read the following clause carefully. If reply
is positive then detail information may please be given in
the offer. “Should a Tenderer or contractor have a relation
or in the case of a firm or company of contractors, one or
more of its share holders employed in NFL the authority
inviting Tenders shall be informed of the fact at the time of
submission of the Tender; availing which NFL may in its
discretion reject the Tender or rescind the contract.”
21 PAN NO. Please mention your PAN no.
22 FIRM RATES Please confirm that quoted rates shall be firm till the
execution of order/contract.
23 GST NO. Please mention your GST No.
24 Whether GST to be
discharged on
Please confirm Yes/ No.
24
Forward Charge
Mechanism
25 BANK DETAILS Please Mention your complete Bank Details such as name
of bank, IFSC code, branch etc.
26 CONTACT DETAILS Please Mention the contact details of concerned person for
further clarification (if any).
27 SIGNED NIT Please upload signed copy of NIT towards token of
acceptance of all Terms and conditions
28 Evaluation of Offers Offers will be evaluated keeping in view note No.3 of
Annexure – A. Bidders shall give undertaking in this regard.
Annexure – II
ELIGIBILITY CRITERIA FOR TRANSPORTATION OF AMMONIA FROM NFL,
PANIPAT , NFL VIJAIPUR AND NFL BHATINDA TO NFL NANGAL
Sr.
No.
Conditions Documents required
1 The party shall submit documentary
evidence with respect to experience of
having successfully completed Ammonia
transportation contract in road tankers
during last seven years ending last day
of previous month in which NIT has
been issued at least one of the
following:
1) Three contracts for Ammonia
transportation during last 7 years of
annual value not less than Rs.50.00
lakhs. ( OR)
2) Two contracts for Ammonia
transportation during last 7 years of
annual value not less than Rs. 62.5
lakhs. (OR)
3) One contract for Ammonia
transportation during last 7 years of
annual value not less than Rs.100 lakhs.
Bidder shall furnish duly self-attested
copies of contract and completion
certificates (mentioning the executed
value) along with Name, Address &
Contact number of the issuing authority
during the last seven years as on last day
of the previous month in which NIT is
published.
2 Bidder shall have minimum 6 road
tankers out of which at least 3 tankers
must be registered in their own name
and rest may be attached with them.
Prospective Transporter shall submit
Bidders to furnish supporting documents
as under;
Registration certificate, fitness certificate
from MV department, Valid license from
explosives department. (Copies of all
25
details of capacity of Tankers which
should not be less than 15 MT.
All Statutory requirements viz, copies of
valid licence of “Transportation of
Compressed Gas in a Pressure Vessel by
a vehicle” from Explosive Deptt. shall
also be submitted by Prospective
Bidder.
certificates should be duly self-attested).
3 The average financial turnover during
the last 3 years, ending on 31.03.20
should be at least Rs.67 Lakhs.i.e. for
the Financial year 2017-18, 2018-19
and 2019-20.
Audited Balance Sheet/ Profit & Loss
Account for the last three Financial years.
(For 2017-18, 2018-19 and 2019-20)
4 Solvency Certificate for Rupees 67 lacs
should be submitted.
Bidders should submit Solvency
Certificate for Rupees 67 lakhs, from any
scheduled bank ( excluding Gramin and
Cooperative Bank) issued during
Financial Year 2020-21)
BANK REFERENCE LETTER/ SOLVENCY CERTIFICATE
( On Bank’s Letter Head )
Certified that M/s _________________________________________________________________
at_______________________________________(address) is having an account in our bank as per following
particulars:-
1 Type of Account Cash- Credit/ Current/Savings
2 Bank Account No.
3 Solvency Limit (Rs) Rs._____________
4 Since When Holding Account
5 Financial Standing & Soundness SOUND / POOR
26
6 Dealing & Conduct of the Party Satisfactory/ Un-satisfactory
7 Any other Comments by the bank
(Signature of Bank Manager)
With Seal
Date:_____________
Place:____________
27
PART-II
ANNEXURE-A
PROFORMA FOR PRICE BID
Dy. Gen. Manager (Mtls.),
National Fertilizers Ltd.
NANGAL UNIT
NAYA NANGAL (PIN-140126)
DISTT: RUPNAGAR (PB)
Sub.: Your Tender No. NFL/STORE/RMC/AMM. TPN./01/2020 Dated due on AT
……………..PM for Transportation of Ammonia from NFL PANIPAT (HR) , NFL,Bhatinda(Pb) and NFL,
VIJAIPUR to NFL NANGAL (PB).
Dear Sir,
With reference to above mentioned Tender, we hereby submit our Price Bid as under:-
Note:
1 Per MT per KM rate quoted above are based on Diesel price of Rs. 72.92 per Litre, prevailing
at Nangal as on 30.9.2020.
2. Rate per MT per KM quoted above will remain firm irrespective of quantity to be transported.
3. Offer will be evaluated, based on per MT per KM transportation rate & to and fro distance as 510
KM , 614 KM and 1800 KM from Panipat , Bhatinda and Vijaipur respectively. However, for
placement of contract, per MT rate will be worked out based on per MT per KM rate & to and fro
distance as 510 KM , 614 KM and 1800KM.
4. The price/rates quoted shall be exclusive of GST on transportation. All charges / taxes & duties (if
any) except GST on transportation, must be included in basis price. No other charges shall be
payable extra other than GST mentioned in Clause No. 5.13
(To be executed on plain paper and submitted along with technical bid/Tender
documents for Tenders having a value of Rs.1 crore or more. To be signed by the bidder and NFL.)
National Fertilizers Limited (NFL) hereinafter referred to as “The Principal”.
AND
____________________________hereinafter referred to as “The Bidder/Contractor”
PREAMBLE The Principal intends to award, under laid down organizational procedures, contract/s for
___________________________. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of and of fairness/transparency in its
relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor
(IEM), who will monitor the Tender process and the execution of the contract for compliance with the principles mentioned above.
Action 1 – Commitments of the Principal.
1. The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles :-
a) No employee of the Principal, personally or through family members, will
in connection with the Tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the personal is not legally entitled to.
b) The Principal will during the Tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the
Bidder(s) could obtain an advantage in relation to the process or the contract execution.
c) The Principal will exclude from the process all known prejudiced persons.
2. If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive
suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.
29
Section 2 – Commitments of the Bidder(s)/Contractor(s)
1. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles
during his participation in the Tender process and during the contract execution.
a) The Bidder(s)/contractor(s) will not, directly or through any other persons
or firm, offer promise or give to any of the Principal’s employees involved in the Tender process or the execution of the contract or to any third person
any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage or during the execution of the
contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.
c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant
IPC/PC Act; further the Bidder(s)/Contractors will not use improperly, for purposes of competition or personal gain, or pass on to others, any
information or documents provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details,
Including information contained or transmitted electronically.
d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly, the
bidder(s)/contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. All the payments made to the India
agent/representative have to be in Indian Rupees only.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and
all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the
contract.
3. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.
Section 3: Disqualification from Tender process and exclusion from future
contract
If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Section 2 above or in any
other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the Tender process or
to terminate the contract, if already signed, for such reasons.
30
Section 4 : Compensation for Damages
i. If the Principal has disqualified the Bidder(s) from the Tender process prior to the award according to Section 3, the Principal is entitled to demand and
recover the damages equivalent to Earnest Money Deposit/Bid Security.
ii. If the Principal has terminated the contract according to Section3, or if the Principal is entitled to terminate the contract according to Section3, the
Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to
Performance Bank Guarantee.
Section 5 : Previous Transgression
1. The Bidder declares that no previous transgressions occurred in the last three years with any other company in any country conforming to the TII’s anti
corruption approach or with any other public sector enterprise in India that could justify his exclusion from the Tender process.
2. If the bidder makes incorrect statement on this subject, he can be disqualified from the Tender process and appropriate action can be taken including
termination of the contract, if already awarded, for such reason.
Section 6 : Equal treatment of all Bidders/Contractors/Subcontractors.
1. The Principal will enter into agreements with the identical conditions as this one with all bidders, contractors and sub-contractors.
2. The Principal will disqualify from the Tender process all bidders who do not
sign this Pact or violate its provisions.
Section 7: Criminal charges against violation Bidder(s)/ Contractor(s)/ Sub- contractors(s).
If the Principal obtains knowledge of conduct of a Bidder(s)/ Contractor(s) which constitutes corruption, or if the Principal has substantive suspicion in this regard,
the Principal will inform the same to the Chief Vigilance Officer.
Section 8 : Independent External Monitor/Monitors
1. The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and
objectively, whether and to what extent the parties comply with the obligations under this agreement.
2. The Monitor is not subject to instructions by the representatives of the parties
and performs his functions neutrally and independently. It will be obligatory for him to treat the information and documents of bidders /contractors as
confidential. He reports to the Chairman & Managing Director, NFL.
31
3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all project documentation of the Principal including that
provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, restricted and unconditional
access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality.
4. The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and
the Contractor. The parties offer to the Monitor the option to participate in such meetings.
5. As soon as the Monitor notices, or believes to notice, a violation of this
agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.
6. The Monitor will submit a written report to the Chairman & Managing Director,
NFL within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should be occasion arise, submit proposals for correcting
problematic situations.
7. Monitor shall be entitled to compensation on the same Terms as being extended to/provided to Independent Directors on NFL Board.
8. If the Monitor has reported to the Chairman & Managing Director,National
Fertilizers Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the Chairman & Managing Director, NFL has not, within the reasonable time taken visible action to proceed against such offence or
reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.
9. The word “Monitor” word include both singular and plural.
Section 9 : Pact Duration
This pact begins when both parties have legally signed it. It expires for the
Contractor 12 months after the last payment under the contract and for all other Bidder 6 months after the contract has been awarded. If any claim is
made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by Chairman & Managing Director of NFL.
32
Section 10 : Other Provisions This agreement is subject to Indian Law. Place of performance and jurisdiction
is the Registered Office of the Principal i.e. New Delhi.
Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.
If the contractor is a partnership or a consortium, this agreement must be
signed by all partners or consortium members.
Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case,the parties will strive
to come to an agreement to their original intentions.
(For & on behalf of the Principal) (For & on behalf of Bidder/Contractor)
(Office Seal) (Office Seal)
Place_________________
Date_________________
Witness 1 : Witness 1 :
(Name & Address) (Name & Address)
Witness 2 : Witness 2 :
(Name & Address) (Name & Address)
33
ANNEXURE IV
BANK GUARANTEE (FORMAT) FOR EMD
IN CONSIDERATION OF NATIONAL FERTILIZERS LIMITED (NFL), HAVING ITS REGISTERED OFFICE AT
SCOPE COMPLEX, CORE-III,7 INSTITUTIONAL AREA,LODHI ROAD, NEW DELHI-110 003 (HEREINAFTER
CALLED NFL WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT INCLUDES
ITS SUCCESSORS AND ASSIGNS) HAVING AGREED TO EXEMPT ___________ (HEREINAFTER CALLED
THE, THE SAID TENDERER(S ) ’ WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE SUBJECT OR
CONTEXT INCLUDES HIS SUCCESSORS AND ASSIGNS) FROM THE DEMAND UNDER THE TERMS AND
CONDITIONS OF TENDER NO ________________ ___
FOR ___________________HEREINAFTER CALLED “THE SAID TENDERER’OF SUCH BID SECURITY
DEPOSIT FOR THE DUE FULFILMENT BY THE SAID TENDERER(S) OF THE TERMS AND CONDITIONS
CONTAINED IN THE SAID TENDER _________________FOR ____________ON PRODUCTION OF BANK
GUARANTEE FOR RS.___________________ (RUPEES ________________________ONLY).
1. WE___________________BANK HEREINAFTER REFERRED TO AS ‘THE BANK’ DO HEREBY
UNDERTAKE TO PAY TO NFL AN AMOUNT NOT EXCEEDING RS.____________
(RUPEES____________________ONLY) AGAINST ANY LOSS OR DAMAGE CAUSED TO OR
SUFFERED BY ‘NFL’ REASON OF ANY BREACH BY THE SAID TENDERER(S) OF ANY OF THE TERMS
AND CONDITIONS CONTAINED IN THE SAID TENDER (THE DECISION OF THE COMPANY AS TO
ANY SUCH BREACH HAVING BEEN COMMITTED AND LOSS SUFFERED SHALL BE BINDING ON US.
2. WE _______________BANK DO HEREBY UNDERTAKE TO PAY THE AMOUNTS DUE AND PAYABLE
UNDER THIS GUARANTEE WITHOUT ANY DEMUR MERELY OR A DEMAND FROM ‘NFL' STATING
THAT THE AMOUNT CLAIMED IS DUE BY WAY OF LOSS OR DAMAGE CAUSED TO OR WOULD
CAUSE TO OR SUFFERED BY ‘NFL’ BY REASON OF ANY BREACH BY THE SAID TENDERER(S) OF
ANY OF THE TERMS OR CONDITIONS CONTAINED IN THE SAID TENDER OR BY REASON OF THE
SAID TENDERER’S FAILURE TO KEEP THE TENDER OPEN. ANY SUCH DEMAND MADE ON THE
BANK SHALL BE CONCLUSIVE AS REGARDS THE AMOUNT DUE AND PAYABLE BY THE BANK
UNDER THIS GUARANTEE. HOWEVER, OUR LIABILITY UNDER THIS GUARANTEE SHALL BE
RESTRICTED TO AN AMOUNT NOT EXCEEDING ________________(RS
____________________ONLY).
3. WE ____________________BANK FURTHER AGREE THAT THE GUARANTEE HEREIN CONTAINED
SHALL REMAIN IN FULL FORCE AND EFFECT DURING THE PERIOD THAT WOULD BE TAKEN FOR
THE FINALISATION OF THE SAID TENDER AND THAT IT SHALL CONTINUE TO BE ENFORCEABLE
TILL THE SAID TENDER IS FINALLY DECIDED AND ORDER PLACED ON THE SUCCESSFUL
TENDERER AND/ OR TILL ALL THE DUES OF NFL UNDER/OR BY VIRTUE OF THE SAID TENDER
HAVE BEEN FULLY PAID AND ITS CLAIMS SATISFIED OR DISCHARGED OR TILL A DULY
AUTHORISED OFFICER OF NFL CERTIFIED THAT THE TERMS AND CONDITIONS OF THE SAID
TENDER HAVE BEEN FULLY AND PROPERLY CARRIED OUT BY THE SAID TENDERER(S) AND
ACCORDINGLY DISCHARGES THE GUARANTEE. UNLESS A DEMAND OR CLAIM UNDER THIS
GUARANTEE IS MADE ON US IN WRITING ON OR BEFORE THE ___________TO INCLUDE 3
MONTHS CLAIM OVER AND ABOVE THE PERIOD MENTIONED IN THE PARAGRAPH FOR THE
VALIDITY OF THE BANK GUARANTEE IN THE TENDER WE SHALL BE DISCHARGED FROM ALL
LIABILITY UNDER THIS GUARANTEE THEREAFTER.
4. WE ______________________________BANK, LASTLY UNDERTAKE NOT TO REVOKE THIS
GUARANTEE DURING ITS CURRENCY EXCEPT WITH THE PREVIOUS CONSENT OF ‘NFL’ IN