NATIONAL FERTILIZERS LIMITED INVITATION TO BID (ITB)

COMMERCIAL DOCUMENTS

INVITATION TO BID

NATIONAL FERTILIZERS LTD

VIJAIPUR ESP-II PROJECT

NATIONAL FERTILIZERS LIMITED

(A GOVT of India Undertaking) VIJAIPUR UNIT Distt. GUNA (M.P.)-473111 Fax: 07544-273089, 273109 Mobile no: 9464169624, 9417560184

INVITATION TO BID (ITB)

Name of Work: Design, Engineering, Supply, Erection, Commissioning & GTR of VAM, its Auxiliaries & Replacement of Filter House of GTG’s in CPP and air compressor in Ammonia-II Plants on LSTK basis. National Fertilizers Limited invites sealed bids from eligible EPC vendors having proven experience and sound financial capability for LSTK, Engineering, Supply, Erection, Commissioning & GTR of VAM units along with replacement of existing filter houses, installation of chilling coil & auxiliaries for suction air cooling. These VAM units are to be installed in captive Power Plant (CPP) and Ammonia-II Plant at NFL, Vijaipur as specified in enclosed ITB documents.

To M/s

ITB No. NFVP/PROJ/VAM/ICB/18-19

Date of Issue

Bid Closing Date & Time

Bid Opening Date & Time

Venue of Bid Opening NFL,Vijaipur (India)

Type of Bid Two part bid system, Public

Earnest Money Deposit INR 01 Lakh or equivalent USD

Preferred Completion period As per ITB

Estimated refrigeration load of VAM in CPP is 3300 TR (two or three units) and 1270(one or two units) for Ammonia-II Plant. However, Vendor shall mention actual TR required on the basis of furnished data in the technical ITB in respect of weather data, chilled water, power, cooling water & steam for actual TR so as to achieve specified cooled air temperature at filter house outlet& chilled water temperature at VAM outlet.

Air is to be cooled from 40°C at 41% RH to 15° C at 100% RH in case of GTGs of CPP. In case of Ammonia II, Suction air of Process Air Compressor is to be cooled from 40°C at 41% RH to 15°C at 100% RH and residual refrigeration load is to utilized for cooling third suction synthesis gas from 45°C to 15°C. Value of Annual Rate Contracts for a period of three years excluding guarantee period & two years operation & maintenance spares as lump sum amount shall be separately indicated in the


INVITATION TO BID



price bid. The cost of 03 years ARC and two years operation & maintenance spares will be considered during evaluation of the price bid.

Cost of Annual required quantity of make-up chemical shall be indicated by the vendor and the same shall be considered for bid evaluation purpose.

Details of all proposed VAMs, pre-qualification criteria & guarantee parameters etc, has been indicated in technical ITB. Bidders are required to visit site & understand the existing system before submitting bid. Following enclosed documents shall form part of invitation to Bid: 1. Commercial ITB 2. Technical ITB for GTGs and Ammonia II

The bid is issued under international competitive bidding procedure. For preparation and submission of bids, evaluation& comparison of bids; kindly refer commercial ITB.

Note:

1. Special conditions of contract shall prevail in case of any variance in respect of terms & conditions of contract.

2. The bidder must take note of current finance bill & EXIM policy while bidding. 3. Two valid e mail ID’s shall be furnished for further communication. The date & time

shall be communicated later on to bidders who shall qualify for price bid opening. For & on behalf of National Fertilizers Limited (V.K. Gupta) Dy. General Manager (TS)


INVITATION TO BID



ATTACHMENTS

ATTACHMENT-I INSTRUCTION TO BIDDER

ATTACHMENT –II GENERAL INSTRUCTION OF CONTRACT

ATTACHMENT –III SPECIAL CONDITIONS OF CONTRACT

ATTACHMENT –IV BID FORM , PRICE SCHEDULE & SUMMARY OF TERMS & CONDTIONS

ATTACHMENT –V BID & BG FORMAT

ATTACHMENT –VI FORMAT FOR EXCEPTION & DEVIATIONS

ATTACHMENT –VII SITE WORKING AND SAFETY CONDITIONS

ATTACHMENT -VIII APPLICABLE INDIAN ACTS RULES & REGULATIONS

ATTACHMENT –IX INTEGRITY PACT


INVITATION TO BID



INSTRUCTION TO BIDDERS

(ATTACHMENT-I)

FOR

INSTALLATION OF VAM UNIT FOR NFL VIJAIPUR


INVITATION TO BID



TABLE OF CONTENTS. (Instruction to Bidder Attachment I)

Sr. No. Description Remarks

1. Introduction

2 Site Information

3 Cost of Bidding

4 Bidding Documents

5 Clarification of Bidding Documents

6 Pre bid meet/Amendment of Bidding Documents

7 Language of Bid

8 Documents comprising the Bid

9 Bid Form

10 Bid Price

11 Bid Currencies

12 Pre Qualification Criteria

13 Documents Establishing conformity of Goods of Bidding Documents

14 Bid Security and Earnest Money Deposit

15 Period of Validity of Bids

16 Format & signing of Bids

17 Sealing & marking of Bids

18 Late Bids

19 Modification & withdrawal of Bids

20 Opening & Clarification of Bid

21 Preliminary Examination

22 Conversion to single currency

23 Terms of Payment

24 Bank guarantee

25 Contacting the Owner

26 Bid conformity

27 Owner’s right to accept any bid or all bids

28 Notification of award

29 Signing of Contract Agreement

30 Performance security

31 Completion period

32 Exceptions

33 Contractor’s Data

34 Applicability of custom duty for the project

35 Evaluation & Comparison of Bids


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INTRODUCTION AND PROJECT SYNOPSIS:

1.0 INTRODUCTION: NATIONAL FERTILIZERS LIMITED (NFL), hereinafter referred to as NFL, is a public sector undertaking under the Ministry of Chemicals & Fertilizers, Government of India. It has four operating units situated at Nangal, Bathinda in the state of Punjab, and Panipat in the state of Haryana and Vijaipur in the State of Madhya Pradesh. Vijaipur Unit is located at Vijaipur in Guna District Madhya Pradesh on Agra-Mumbai National Highway (NH-3), about 550 kilometers from Delhi. Site is well connected by B.G Railway line and road to all parts of India. Nearest Air Port is located in Bhopal. The Vijaipur Unit of National Fertilizers Ltd.(NFL) is operating two Ammonia Plants each of (1350 MTPD design capacity). Both the plants have been reassessed at 1520 MTPD capacity from01.04.2000 by Government of India (GOI). Presently these plants are operating at 1750 MT and 1864 MT after revamp of Vijaipur – I and Vijaipur-II respectively. NFL Vijaipur is also operating two Urea Plants each of 2200 MTPD design capacity. Both the plants have been reassessed at 2620 MTPD capacity from 01.04.2000 by Government of India (GOI). Presently these plants are operating at 3031 and 3231 MTPD after revamp of Vijaipur –I and Vijaipur-II respectively. NFL proposes to install Vapour Absorption Machine (VAM) of estimated load 3300 TR (two or three units) in CPP plant and 1270 TR (one or two units) in Ammonia –II plant along with its auxiliaries & replacement of existing filter house of GTSs of CPP and Process Air Compressor (PAC) of Ammonia –II plant in order to cool inlet suction Air from 40 degree C at 41% RH to 15 degree C at 100% RH. Synthesis Gas of third suction chiller of syn gas compressor is to be cooled from 45 degree C to 15 degree C of Ammonia – II plant. Accordingly Bids are invited from EPC Contractors having proven experience and sound financial capabilities / consortium of EPC Contractors willing to work together under single agreement on LSTK basis for the job of Engineering, Supply,Erection,Pre-Commissioning,Commissioning and GTR of VAM unit,it’s auxiliaries & replacement of existing filter houseof GTGs in CPP and Ammonia-II Process Air Compressor (PAC) in order to coolinlet suction Air from 40 degree C at 41% RH to 15 degree C at 100% RH. Synthesis Gas of third suction chiller of syngas compressor is to be cooled from 45 degree C to 15 degree C of Ammonia – II of Vijaipur Unit.


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Scope of Proposal: Bidder is required to undertake the actual implementation of VAM units, it’s auxiliaries & replacement of filter house of GTGs in CPP and Ammonia-II Process Air Compressor (PAC) as per enclosed detailed technical specifications. The scope shall include but not limited to basic design & engineering, detailed engineering, procurement ,supply of equipments , commissioning & GTR along with spares for 2 years operation which must be quoted on lump sum basis based on the spares philosophy specified in the technical specifications, supply of 1st charge of chemicals, lube oil, inspecting / testing / expediting of orders, transportation, comprehensive insurance, assembly, civil works, construction, erection, pre-commissioning and commissioning, guarantee & performance test (GTR) and handling over the plant to Owner, training if required, any optional service if required etc. Dismantle of existing filter house as well as necessary modification, if required, for installation of supplied filter house with silencer shall be in the scope of bidder.

2.0 SITE INFORMATION

The site for the proposed project is located at VIJAIPUR in Guna District of Madhya

Pradesh. It is well connected by rail and road. 3.0 COSTOF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of the

Bid, and National Fertilizers Limited (hereafter referred to as NFL or Owner or Purchaser) , in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. In case plant visit is required by Bidder before submitting the bid, it shallbeto bidder’s account. No adjustment in price will be accepted on the basis of insufficient knowledge as well as lack of information.

4.0 BIDDING DOCUMENTS

The Bidder is expected to examine all instructions, forms, terms and conditions in the bidding documents. The invitation to Bid together with all its attachments thereto shall be considered to be read, understood and accepted by the Bidder, unless deviations are specifically stated in seriatim by the Bidder. Failure to furnish shall information required by the bidding documents or submission or a Bid not substantially responsive to the bidding documents in every respect and insufficient no. of copies will be at Bidder’s risk and may result in the rejection of the Bid.

5.0 CLARIFICATION OF BIDDING DOCUMENTS

A respective Bidder requiring any clarification shall obtain the same from Owner’s office in writing by Fax/Email or by letter or in person so as to ensure submission of Bid on or


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before Bid closing date. The Owner will respond in writing to such queries expeditiously. However, no extension in bid submission shall be granted on this account.

6.0 PRE-BID MEET / AMENDMENT OF TENDER DOCUEMNTS 6.1 At any time prior to the deadline for submission of bids, the Owner for any reason,

whether at its own initiative or in response to a clarification requested by a prospective bidder, may modify the bidding documents by amendment thereto.

6.2 PRE-BID MEET : the pre-bid meeting shall held after one week of issuance of NIT at NFL, Vijaipur site for resolving the issues with respect to Tender Documents Parties / bidders are requested to submit their queries four days prior the date of pre-bid meet.

6.3 The amendment will be notified in writing or by Email/Fax or letter to all prospective bidders who have attended the pre-bid meet and also upload the same on website.

6.4 The Owner/Purchaser may, at their discretion, extend the deadline for the submission of bids by amending the bidding documents in accordance with Articles 6.1 to 6.3above, in which case all rights and obligations of the Owner/Purchaser and Bidder previously subject to the deadline will thereafter be subject to the deadline as extended.

7.0 LANGUAGE OF BID 7.1 The Bid prepared by the Bidder and all correspondence / drawing and documents

relating to the Bid exchanged between the Bidder and the Owner / Purchaser shall be written in English language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by English translation in which case, for purpose of interpretation of the Bid ,the English translation shall govern.

7.2 Metric measurement system shall be applied for weight and dimensions other than pipes and piping connections. All piping material including but not limited to pipes, flanges, fittings, valves etc., shall conform to ASME dimensional requirements.

8.0 DOCUMENTS COMPRISING THE BID

8.1 The bid to be submitted by the bidder is defined as given hereunder: 8.2 Part–I Bid Security / Earnest Money Deposit (EMD)

Part –II Technical & Un-priced commercial Bid and documents relevant to pre-qualification criteria. Part-III Price Bid.

8.3 Part-I :Bid Security or Earnest Money Deposit (EMD) a) The bid shall be accompanied by an EMD as outlined in Artcile-14 and shall be submitted

in a separate cover to be marked with “ITB Number, Bid due date & Part-I of the Bid”.


INVITATION TO BID



b) The envelope containing the EMD will be opened before opening of Part-II. The opening

of Part-II is dependent on the acceptance of the EMD with respect to EMD amount, whether original EMD is enclosed and validity of the Bank Guarantee or Demand Draft as the case may be.

8.4 Part –II: Technical & Un-priced commercial bid and documents relevant to pre-

qualification criteria 8.4.1 Technical Bid shall include / indicate but not limited to the followings: A) ITB No. -------------------------------------- Due Date------------------------------- B) 1. A detailed description of the process offered including overall process scheme and the

specific merits in the process being offered.

2. Process flow diagram of the proposed VAM Unit for normal capacity and turndown capacity. The PFDs (for normal and turn down capacity) shall be furnished for both the capacities of VAM unit i.e. for actual TR calculated by the party as per the conditions specified in technical bid and at turn down ration of 30%, 40% & 50% and its hook up with the existing system indicating flow rates, pressure, temperature and heat duties etc.

C) Details of complete scope of work supported by drawings, documents, brochures,

standards, catalogues, etc as applicable as per ITB. D) Performance Guarantee figures with respect to (For actual TR and Turn down ratio at

30%, 40% & 50%) a) Cooled air temperature b) Chilled water temperature (for demonstration purpose) c) Differential pressure across new filter house. d) LP Steam consumption / condensate consumption e) CW Consumption f) Consumption of power for VAM &it’s auxiliaries

E) List of spare parts for Two year’s operation and maintenance :- A list of spares as per

the spares philosophy specified in the technical specifications of the ITB must be submitted by the bidder. The list of spares shall however be subject to comment & approval of NFL. The quantity of spares mentioned shall be defined in “SET” as well as in “ Number”. Different items considered in one set shall be separately enumerated.

F) List of maintenance tools and materials, lubrication, schedule. G) Layout drawings and sketches with (approximate) dimensions of equipment and

indication of limits of supply.


INVITATION TO BID



H) Bidder shall state the names of the sub-contractor proposed for major equipment / item / materials / services for approval of parties / vendors from NFL.

I) Bidder should certify that they will give shop drawings of main equipment to enable repair, and maintenance after installation at Site. Reproducible of “as built” drawings shall be furnished.

J) Nature of maintenance assistance available / offered by Bidder. K) Completion schedule with bar chart indicating major milestones. L) Reference list of customers of similar plants. M) Complete data sheets as requested by NFL. Indicate time of submission. N) Deviation from Owner’s specifications / technical conditions, ( if any ). O) Training facilities offered. P) Pre-qualification Documents as per Article-12.

8.4.2 Un-priced commercial Bid shall include / indicate the following: A) ( ITB No. _________ Due Date: _____________________ B) Bid form and a price schedule completed in accordance with Article 9,10 and 11. C) Summary of terms and conditions duly filled and signed. D) Un-Priced copy of price schedule indicating “ Quoted /Not quoted” against each head of

price schedule.Un-Priced copy of spare parts for Two year’s operation and maintenance indicating “ Quoted /Not quoted” against each item.

E) All Commercial terms & conditions of offer indicating terms of payment firm prices, completion period, bid validity, Taxes and duties/GST considered etc.

F) Confirmation that validity of bid is 120 days from the Technical Bid opening date indicated in the cover of ITB.

G) For Price bid Format (unpriced), percentage of GST and any other taxes / duties / levies and custom duty are to be given except the price part.

H) Acceptance of General, Special and Site Working & Safety Conditions of Contract or deviations / exception s, if any, in seriatim.

I) Bidder must indicate name of bankers and allterms of letter of credit. J) Bar Chart / Curves showing shop loading up to 2018 vis-à-vis capacity based on orders in

hand shall be submitted by the bidder. K) Organization chart. 8.5 Part-III – Price Bid

The price bid as per enclosed Form F-33 shall be submitted in a separate sealed Envelope marked Part-III Price Bid and ITB No. _________. Bid should include the Bid price and other related costs, in accordance with Article 10, Article 34and appropriate Price Schedule formats.


INVITATION TO BID



9.0 BIDFORM Bidder shall complete the appropriate price schedule format indicating the work to be done, a brief description of the services.

9.0 BID PRICE 10.0 10.1 Bidders shall quote on duly commissioned plant at site basis. The Bidders shall quote

firm lump sum price for the entire scope of work providing commissioned plant as per technical specifications given in schedule of prices of ITB and shall give detailed break up as per format F-33.

10.2 The Bidder shall submit bid price considering applicable custom duty as outlined in Article- 34

10.3 Following information wherever applicable is to be submitted in a separate schedule. a) GST and any other taxes if applicable. b) Bidders shall provide customs tariff heading for each item separately along with

applicable rates of duties as outlined in Article 34. c) Packing, forwarding and loading charges should be included in the quoted prices. d) Bidder must quote the item-wise prices for recommended spare parts separately for

Two year operation and maintenance spares. Spares for commissioning are included in Contractor’s scope. However, Bidder shall provide the list of commissioning spares. The quantity quoted shall be defined in “SET” as well as in Number’s Different items considered in one set shall be separately enumerated.

e) Agency commissioning included for Indian agent, if any, the same should be shown separately as percentage of FOB price and shall be payable in Indian rupees at prevailing exchange rate on date of bill of lading.

f) Charges for inspection / testing should be include in the offer as per requirement of technical documents of ITB.

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

10.4. Quoted Price shall be Firm Price and shall be valid for entire period of execution of

Contract. 105 Price shall be written in both words and figures. In the event of difference, the price in

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

11.0 BID CURRENCIES

11.1 Bidders may quote for imported component of the scope of work including imported

raw material component or indigenous supply of equipments in their home currency, or


INVITATION TO BID



in Euro or in US$ or in British Pounds or inn Japanese Yen or in any combination thereof, and for Indian component of scope of work in Indian currency.

11.2 In respect to imported component of scope of work including imported raw material component of indigenous supply of equipments,payment to Indian bidders shall be made in Indian currency based on exchange rate prevalent on contracted date of milestone or actual date of completion of components of respective milestone which ever is lower subject to submission of invoice, except to the extent FOREX remittance is otherwise permissible under Foreign Exchange Remittance Guidelines.

11.3 For bid evaluation Conversion will be based on exchange rate on one day prior to price bid opening as per Clause No. 22.

12.0 PRE-QUALIFICATIONS CRITERIA FOR BIDDERS

As contained in Technical part of ITB at Annexure IX& as given below.

12.1 In case bidder is a consortium / joint venture or partnership , the bidder shall produce an agreement and other documents defining the liability, arrangements and responsibility of the partners of EPC consortium / joint venture (requirements under Para 12.2).

In case of detailed engineering is done in-house , EPC Contractor is to submit credentials & details indicating name of the project, client, country, brief scope of work, year of executionand value of work.

In case of detailed engineering is done by other than the EPC Contractor, the bidder should submit the nameof the intended contractor and their credential indicating name of the project, client, country, brief scope of work, year of execution and value of work carried out by them.

In both the above cases, letter from the owner /end user for the satisfactory completion of the project to be submitted.

12.2 CONSORTIUM BIDS (WHERE APPLICABLE) 12.2.1 In case of Consortium BID , in their won interest, the BIDDERS are advised to investigate

capabilities, availability of expertise and resources such as experienced personnel, financial soundness, past experience and concurrent engagements of constituting partners / members. Consortium of Bidders, if any, must clearly define role/scope of work of each partner / member. Further the Contract for a Consortium must accompany the Bid and should clearly define the leader of such a Consortium, who shall co-ordinate with NFL on behalf of the Consortium, during the period which the Bid is under evaluation by NFL or is being negotiated with NFL as well as during execution of Work, in the event the Work is awarded. All the members of theConsortium shall be jointly and severally responsible for the execution of the Work in accordance with the Contract.


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12.2.2 A consortium once established at the time of submitting the BID shall not be allowed to be altered with respect to constituting members of the consortium or their respective roles / scopes of work, except if and when permitted in wiring by OWNER.

12.2.3 If during the evaluation of BID, a Consortium proposes any alterations / changes in

orientation of consortium or replacement or inclusion or exclusion of any partner(s) member(s) of the consortium which had originally summated the BID, to derive some advantage / benefits based on any development(s) having come to his knowledge at any time, the BID submitted by such a consortium may be rejected.

13.0 DOCUMENTS ESTABLISHING CONFORMITY OF GOODS/SERVICES TO BIDDING

DOCUMENTS. 13.1 Pursuant to Article 8, the Bidder shall furnish, as part of the Bid, documents establishing

conformity to the bidding documents of all Goods and services, which the Bidder proposes to supply under the conditions of Contract.

13.2 The documentary evidence of the conformity of the ‘Goods’ and ‘Service’ to the bidding

documents may be in the form of literature, drawings and data and Bidder shall furnish:

a) Detailed description of the Goods and services essential technical and performance characteristics of the Goods.

b) A list, giving full particulars including available sources and current prices of all

spare parts, special tools etc., Necessary for the proper and continuous functioning of the Goods and services for a period of two years following commencement of the use of Goods by the owner.

c) A clause-by-clause comments on the Owner’s technical specifications

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

13.3 For purpose of the comments to be furnished pursuant to Article 13.2 (c) above, the Bidder

shall not that standards for workmanship, material and equipment and references to brand

names or catalogue numbers, designed by the Owner in his technical specifications are intended

to be descriptive only and not restrictive. The Bidder may substitute alternative standards,

brand names and /or catalogue numbers in his Bid provided that they demonstrates to the

satisfaction of the Owner that the substitutions are substantially equivalent or superior to those

designated in the technical specifications.


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14.0 BID SECURITY / EARNEST MONEY DEPOSIT (EMD)

14.1 The Bidder shall furnish, as part of his Bid, one Bid Security in the form of a Bank

Guarantee, issued by scheduled bank(Excluding Gramin/ Co-Operative Bank) or by an

overseas branch of any Scheduled Indian bank for foreign bidder with validity of offer

validity plus ninety days claim period. In case a foreign bank issues, the same shall

be counter guaranteed by a Scheduled Indian Bank except Gramin/ Co-Operative

Bank. The Bid Security shall be in favour of the National Fertilizers Limited. Bid

security amount will be Rs.1.0 lakh. The Bid Security shall be furnished in the

currency in which the Bid Price is quoted. The Bank Guarantee shall be in prescribed

form of NIT. A Bid Security can be in the form of a demand draft in favour of

National Fertilizers Limited, Vijaipur Unit payable at Bavarikheda Branch code

08455.The bid security can be deposited by RTGS/NEFT.

The bidder shall furnish a Bank Guarantee from any of the Scheduled Bank (excluding

Gramin/Cooperative Bank) in the form specified by NFL against bid Security. The

Bank Guarantee should be valid for a period of offer validity plus three months claim

period thereafter. The Bank Guarantee should be submitted by Bankers directly to

NFL in a sealed cover (Registered Post AD) and not through supplier.

The bidder shall also arrange confirmation of Bank Guarantee (including all

amendments) by their issuing bank through SFMS mode directly to State Bank of

India, N-3,Ist&II

nd Floor, Commercial Branch, SouthExtn. Part I, New Delhi -110049

(ISFC Code – SBIN0000730 or SBININBB220).

14.2 Any Bid not accompanied with EMD shall be rejected by the Owner is non-responsive

14.3. The EMD will be returned to the unsuccessful Bidders on acceptance of one of the

invited bids or when the Bid is cancelled by Owner.

14.4 The successful Bidder’s EMD will be discharged upon the Bidder accepting the Contract and furnishing The Security Cum Performance Bank Guarantee.

14.5 In the following events, the EMD may be forfeited without prejudice to any other right or remedy of Owner: a) If a Bidder withdraws his Bid during the period of Bid validity specified by the Bidder

on the Bid form or b) In case of a successful Bidder, If the Bidder fails:

To Sign the Contract in accordance with Article 30or

To furnish performance Security in accordance with Article 31.


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15.0 PERIOD OF VALIDITY OF BIDS

15.1 Bids shall be kept valid for at least 120 days from the Technical Bid opening date indicate in the cover page of ITB. A Bid valid for a shorter period may be considered as non-responsive and liable to be rejected by the Owner.

15.2 In exceptional circumstances, the Owner may solicit the Bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing through a letter or by fax / email. A Bidder having been granted the request, will neither be required nor permitted to alter the Bid

16.0FORMAT AND SIGNING OF BID

16.1 The bid must contain in the name, residence and place of business of the person or persons making the bid and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should be typed or printed below of the signature.

16.2 Bid by partnership firm must be furnished with full names of all partners and be signed with the partnership name followed by the signature and designation of one of the authorized partners or authorized representative(s).

16.3 A bid by a Corporation / Company must be signed with the legal name of the Corporation/ Company by the President, Managing Director or by the Security or other person or persons authorized to bid on behalf of the such Corporation / Company in the matter, with the official seal of the Company.

16.4 A bid by a person who affixed to his signature the work “President “ Managing Director”, “Secretary”, “Agent” or other designation without disclosing his principal will be rejected. Satisfactory evidence of authority of the person signing on behalf of the bidder shall be furnished with the Bids. Bidder shall submit power of attorney on non-judicial stamp paper of minimum Rs. 10 for the person who will sign the bid document.

16.5 The Bidder’s name stated on the proposal shall be the exact legal name of the firm. 16.6 Erasure or other changes in the bid documents shall be over the initials of the person

signing the bid. 16.7 Bids not confirming to the above requirements of signing may be disqualified. 17.0 SEALING AND MARKING OF BIDS 17.1 The Bidder shall submit the offer in three inner envelops as indicated below which shall

be sealed in one outer envelope. i) Envelope –I The 1st inner envelope shall contain the EMD and shall be supper-scribed with (BID

PART-I – EMD ) and ITB NO. --------- Due Date -------- ii) Envelope-II ( Technical& un-priced commercial bid&PQ criteria)


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The second inner envelope should contain 1 (one) original plus 3 copies of technical Bid together with un-priced commercial Bid and deviations statement if anyas well as documents relevant to pre-qualification criteria, This envelop should be clearly marked (BID PART-II TECHNICAL & UNPRICED COMMERCIAL BID &PQ criteria) and ITB NO. ------- Due Date ---------------

iii)Envelope-III (Price Bid) The third inner envelope should contain 1 (one) original plus 3 copies of PRICED COMMERCIAL BID with price details. The cover should clearly be marked (BID PART-III – PRICE BID ) and ITB NO.------Due Date --------------- All the three above inner envelopes shall be sealed and these sealed envelopes shall be kept in the 4th envelope called outer envelope

17.2 This outer envelope shall be sealed properly. The outer envelope shall be addressed to:

Deputy General Manager (TS) National Fertilizers Limited, VIJAIPUR, DIST. GUNA (MP) PIN – 473111. And bear the title“ INSTALLATION OF VAM AT NFL VIJAIPUR”

ITB No. ________________ BID CLOSING DATE: _____________________- “ DO NOT OPEN BEFORE ------------------- “ The outer envelope shall indicate the name of the address of the bidder to enable the bid to be returned un-opened in case it is received late.

17.3 If the outer envelope is not sealed and marked as required by clause 17.2above, the owner will assume no responsibility for the bid-misplacement or pre-mature opening.

18.0 LATE BIDS Any Bid received after the deadline for submission of bids indicated on main body of

Invitation to Bid or any other date extended in writing will be rejected. 19.0 MODIFICATIONS AND WITHDRAWAL OF BIDS.

19.1 The Bidder may modify or withdraw the Bid after its submission, provided that written notice of the modification or withdrawal is received by the Owner prior to the deadline prescribed for submission of bids.

19.2 A withdrawal notice may also be sent by fax or email but followed by a signed

confirmation copy, post marked not later than the deadline for submission of bids.


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19.3 No Bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of Bid validity specified by the Bidder on the Bid form.

20.0 OPENING AND CALRIFICATIONOF BIDS 20.1 The bids will be opened in presence of bidder’s representatives who wish to be present. 20.2 Owner will open the Bids. The Bids will be opened in public in presence of bidders or

their authorized representative. Only technically acceptable bidder’s representative shall be invited to attend Price Bid Opening who will be given adequate notice to attend the Bid opening.

21.0 PRELIMINARY EXAMINATION 21.1 The owner will examine the bids to determine whether they are complete, whether any

computational errors have been made, whether required EMD has been furnished and pre-qualification criteria is met, whether the documents have been properly signed, whether validity of the Bid is inconformity with ITB and whether the bids are generally in order.

21.2 The prices should be written both in words and figures and in case of any discrepancy, prices in works shall be valid and binding. In case of any error in totals indicated by Bidder, the unit price shall be considered valid and binding on Bidder.

21.3 Prior to the detailed evaluation, the Owner will determine the substantial responsiveness

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

21.4 A Bid determined as substantially non-responsive is liable to be rejected by the Owner

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

21.5 The Owner may waive off any minor infirmity or non-conformity or irregularity in a Bid,

which does not in their opinion constitute a material deviation.

21.6 After a preliminary screening based on both technical and up-priced commercial evaluation, bidders will be short-listed. In the event that any clarifications are required, then such clarifications shall be obtained from such short listed bidders only. Based on the clarifications, the technically acceptable bidders shall be asked to submit the price


INVITATION TO BID



implication (positive or negative) on original quoted price with respect to techno-commercial clarifications if any, (in a sealed cover, Envelope IIIA) on a prefixed date and time which shall be communicated to the bidder.

22.0 CONVERSION TO SINGLECURRENCY

To facilitate evaluation and comparison, the Owner will covert all bid prices expressed in the amounts in various currencies in which Bid price is payable, to Indian rupees based on exchange rate TT selling as published in The Economics Times/ Internet, Delhi Edition for a day prior to the date of Price Bid opening.

23.0 TERMS OF PAYMENT 23.1 The payment to Contractor for the performance of the works for installation of fully

commissioned plants after performing the guarantee test runs to ensure that the plants meet the specifications stipulated under the contract will be made as per terms of payment set forth herein. No payments shall become due and payable before:

a) Acceptance of Letter of intent and Work Order. b) Execution of Agreement. c) Submission of Security cum Performance Bank Guarantee for 10% of the Total

Contract value and acceptance of the same by Owner.

23.2A Advance Payment: No advance payment shall be admissible, however, in exceptional circumstances advance of not more than 10% of Total Contract value as interest bearing advance against submission of Bank Guarantee for equivalent amount and Security cum Performance Bank Guarantee for 10% of Total Contract value shall be made. Such advance will carry interest @ SBI PLR+1% prevalent on the date of release of advance payment till adjustment. Such advance, wherever agreed to, shall be adjusted from the progressive payment.

23.2B Progressive Payments (Indian Bidders)

The Progressive payments shall be made on the basis of achievement of following milestones as per detailed billing submitted by bidder and approved by NFL:

a) 85% after adjustment of advance pro-rata payment, if any, against completion of following activities after physical verification& certification by Owner.

i) Detailed Engineering Fees: 85 % after adjustment of advance, if any, on submission of detailed Engineering Package on pro-rata monthly progress measurement of detailed engineering work.


INVITATION TO BID



ii) Civil Work: 85% after adjustment of advance, if any, on pro-rata monthly installments linked with progress of work against certification of Owner as per the billing schedule submitted by the Contractor and approved by the Owner.

iii) Supply of Equipments , machinery, electrical, instruments, piping, Proprietary supplies, two years spares etc, including taxes and duties subject to submission of documentary evidence, Transportation to site, port handling and clearance charges (excluding site fabricated equipment) : 85% after adjustment of advance if any on pro-rata basis on receipt of items at site against physical verification & certification by owner. However, for major equipments this payment can be considered on submission of proof of dispatch. Contractor shall submit the list of such major equipments along with the bid for owners review and finalization.

iv) Erection (including fabrication of site fabricated equipments) 85% after adjustment of advance if any on pro-rata monthly installment linked with progress of work against certification by Owner as per the billing schedule submitted by the Contractor and approved by the Owner.

v) Pre-Commissioning and Commissioning charges: a) 40% after adjustment of advance, if any,on Mechanical completion against

certification by Owner. b) 50% after adjustment of advance, if any, after on commissioning & stabilization of

plant against certification by Owner. vi) Spares including taxes & duties transportation to site, port handling & clearance charges

: 85% after adjustment of advance, if any, on physical handling over of spare and acceptance of the same by Owner.

vii) Insurance Charges : 85% after adjustment of advance, if any ,against the documentary evidence in support of taking insurance cover and on proof of installment payment.

b) MECHANICAL COMPLETION: - 5% of Total Contract value on acceptance & issue of

Mechanical completion Certificate.This 5% payment will be made on issuance of mechanical completion of individual VAM system with filter house i.e CPP Vam and Ammonia II Vam separately.

c) FINAL PAYEMNT: 10% of the Total Contract value on successful completion of guarantee tests as specified in the contract and within 60 days of FINAL ACCEPTANCE of the plants & facilities by the Owner and shall be released subject to fulfillment of conditions of ITB. This 10% payment will be made on issuance of acceptance certificate of individual VAM system with filter house i.e CPPVam and Ammonia II Vam separately.


INVITATION TO BID



23.3 Foreign Bidder

23.3.1 All payment shall be made against presentation of shipping documents through letters of

credit shall be allowed for Foreign Bidders / Contractors /Suppliers. Such letter of credit,

where agreed, shall be on Acceptance of LOI. The Bank charges relating to such letter of

credit outside India and subsequent amendments, if any, shall be to

Bidder/Contractor/Supplier’s account, while the charges payable to Bankers in India shall

be to Owner’s account. If the Contractor/Supplier want confirmed letter of credit, the

charges for the same will be to the Contractor/ Supplier’s account.

85% payment through letter of credit against dispatch/shipping documents and balance

15% as under:

MECHANICAL COMPLETION: - 5% of Total Contract value on acceptance & issue of Mechanical

completion Certificateshall be made through Letter of Credit. This 5% payment will be made on issuance of mechanical completion of individual VAM system with filter house i.e CPP Vam and Ammonia II Vam separately.

FINAL PAYEMNT: 10% of the Total Contract valueshall be made through Letter of Credit on successful completion of guarantee tests as specified in the contract and FINAL ACCEPTANCE of the plants & facilities by the Owner and shall be released subject to fulfillment of conditions of ITB. This 10% payment will be made on issuance of acceptance certificate of individual VAM system with filter house i.e CPPVam and Ammonia II Vam separately.

23.3.2 All Bank charges of Contractor/Supplier’s Bankers shall be to be Contractor/Supplier’s

account.

23.3.3 Dispatches after due delivery date with predetermined damages as per provisions of

article 23.1 of the General Conditions of Contract/Purchase shall be made only after

written approval by Owner which may be accorded at Owner’s discretion in exercise of

options available under aforesaid article 23 of the General Conditions of

Contract/Purchases.

23.3.4 Owner shall pay to the Indian agent towards commission as specified in the contract 50%

of the amount after receipt and acceptance of equipment at site and balance 50% on final

acceptance of plant. Payment shall be made in Indian Rupees against signed commercial

Invoice of Indian agent duly certified and approved for payment by Supplier/Contractor.


INVITATION TO BID



The payment shall be based on exchange rate prevailing at the time of delivery or

contracted date of delivery whichever is earlier.

23.3.5 Payments shall be made in the currencies and amounts stated in the Contract/ Purchase

Order.

23.4 INDIAN AGENTS COMMISSION (IF APPLICABLE)

Owner shall pay to the Indian agent towards Commission as specified in the Contract 50% of the amount within 15 days of mechanical completion of both VAMs i.e.CPP Vam and Ammonia II Vamand balance 50% on final acceptance of plant for both VAMs i.e. CPP Vam and Ammonia II Vam.Payment shall be made in Indian Rupees against signed commercial invoice of Indian agent duly certified and approved for payment by Owner.

23.5 TRAINING EXPENSES:

Training of NFL personnel for VAM and filtration system shall be conducted by the bidder on free of cost at NFL site.

23.5 Advance Payment (Documentation) The preferred payment terms have been indicated above. NFL shall not make any

unsecured advance payment. However in exceptional circumstances,10% of the Total Contract value shall be paid as interest bearing advance to the Contractor on presentation of following documents. i) Unconditional acceptance of LOI / W.O. and Contract copy duly signed by Contractor ii) Commercial Invoice iii) Security deposit cum Performance Bank Guarantee of 10% of the total contract value iv) Bank Guarantee equal to the amount of advance plus interest thereon.

23.6 Full address with Email and Fax No. of the Scheduled Bank (Excluding Gramin/ Co-

Operative Bank) issuing / conforming the bank guarantee shall be indicated. 23.7 Payment shall be made in the currencies and amount stated in the Contract / Work

Order. 24.0 BANK GUARANTEE 24.1 Bidder shall furnish a bank guarantee for the amount to be paid in advance, as per

Performa enclosed from a scheduled bank (except Cooperative and Gramin Bank). The charges for confirmation, if any,will be to the Contractor’s account. The bank guarantees shall have a validity period till completion period plus 90 days claim period


INVITATION TO BID



from the date of completion stated in the Contract. The validity will be subject to extension if delays in Completion should occur.

24.2 Security deposit cum Performance Bank Guarantee issued or counter guaranteed by any

of the Indian Scheduled Bank (except Cooperative and GraminBank) or any branch of Foreign Bankin India and shall bevalid for the completion period plus defects liability period specified in the contract plus 03 (three) months claim periodthereafter. In case the Contractor fails to supply this bank guarantee within stipulated time, the Owner shall hold back an equivalent sum from payments due to the Contractor. However, such held back sum shall be promptly released on receipt of the confirmed bank guarantee and bank confirmation.

The bidder shall furnish a Bank Guarantee from any of the Scheduled Bank (excluding

Gramin/Cooperative Bank) in the form specified by NFL. The Bank Guarantee should

be submitted by Bankers directly to NFL in a sealed cover (Registered Post AD) and

not through supplier.



India, N-3,Ist&II



25.0 CONTACTING THE OWNER

Any effort by a Bidder to influence in the Owner’s Bid evaluation, Bid comparison or Contract award decisions may result in the rejection of the Bidder’s Bid.

26.0 BID CONFORMITY

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

27.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS. Notwithstanding anything to the contrary contained herein, the Owner reserves the right

to accept or reject any Bid, and to annul the bidding process and reject all bids, at any time prior to award of Notice of Acceptance without thereby incurring any liability to the affected Bidder, or Bidders, or of any obligation to inform the affected Bidder, or Bidders of the grounds for the Owner’s action.

28.0 NOTIFICATION OF AWARD (LETTER OF INTENT)


INVITATION TO BID



28.1 The Owner will award the Notification (Letter of Intent) to the successful bidder whose Bid has been determined to be substantially most responsive and has been determined to be substantially most responding and has been determined as the lowest evaluated Bid after the final negotiation held with (If deemed necessary by Owner) the most competitive bidder.

28.2 Prior to the expiration of the period of Bid validity the Owner will notify the successful

Bidder by letter or Email / fax to be confirmed by letter that the Bid has been accepted and the “Letter of Intent” as above will constitute formation of Contract.

28.3 The successful bidder on receipt of “Letter of Intent” which may be in the form of

Email/Fax of intent or other mode shall convey his acceptance by return e-mail/fax and to be confirmed by letter within 7 day failing which it will be deemed that LOI is accepted unconditionally.

28.4 Completion period/schedule shall be counted from the date of “issuance of Fax / Letter

of Intent” 29.0 SINGING OF CONTRACT AGREEMENT. Owner will send format of Contract agreement to the successful Bidder who, within 30

days of the receipt of the same, shall sign and return two copies to the Owner as a token of his unconditional acceptance failing which Owner has a right to cancel / withdraw the Contract and forfeit the Bid Security.

30.0 PERFORMANCE SECURITY

30.1 Within 30 days of the receipt of LOI/WO from the Owner, the successful Bidder shall furnish to the Owner the Security Cum Performance Guarantee equivalent to 10% of the total Contract value in the form of a bank guarantee issued or counter guaranteed by any of the Schedule Banks (except cooperative & Gramin Bank ) or any branch of foreignbank in India in the format as specified by NFL. The bank guarantee for Performance Security shall be valid for a period to cover contract Completion period plus defect liability period of 18 months from the date of successful commissioning, plus a claim period of 03 months thereafter to fulfill all the warranties and guarantees obligations. The bank guarantee towards performance security shall be in the currency quoted by Bidder or U.S. Dollar. The charges for confirmation, if any will be to contractor’s account.

The Bank Guarantee should be submitted by Bankers directly to NFL in a sealed cover

(Registered Post AD) and not through supplier.




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India, N-3,Ist&II



30.2 This bank guarantee shall be extended for a further period as and when required by the

Owner to cover the defect liability period. 30.3 Failure of the successful Bidder to comply with the requirements of Article 30 or Article

31 shall constitute sufficient grounds for the annulment of the award in which event the Owner may make the award to the other responsive Bidder or call for new bids, without prejudice to Owner’s right and remedies as set forth in Article 25 of general condition of contract.

30.4 The non-judicial Stamp paper of appropriate value or equivalent document value

prevailing in the country of the Bidder shall have to be purchased in the name of the bankers executing the bank guarantee and not in the name of Bidders.

31.0 COMPLETION PERIOD 31.1 The Bidders are required to quote their best Completion period effective from date of

issuance of LOI (Notification of Award ) for the Work under this enquiry. 31.2 It shall be noted by Bidder that if a Contract is placed on the Bidder other than the

lowest acceptable Bidder for consideration of completion schedule alone, such selected Bidder/ Contractor shall be liable to pay to the Owner the difference in price between the Contract and corresponding price of the lowest Bidder in case of failure to complete the supplies in terms of such order within the date of completion specified in the Bid and incorporated in the Contract. This is without prejudice to Owner’s rights under the terms of Contract including the price reduction applicable for such delay. The application of such clause shall be notified to Contractor as a part of the contract.

32.0 EXCEPTIONS 32.1 No exceptions are to be taken by the Bidder to the Bid documents including technical

specifications, general and special conditions of contract. However, unavoidable exceptions, if any, both technical and commercial, are required to be listed and submitted separately, including the applicable cost and time of the priced commercial Bid. Exceptions should be clearly stated in the unpriced commercial Bid with a statement that cost implications for exceptions/deviations have been given in the priced commercial Bid. Time implications of withdrawal of exceptions should be given in the unpriced commercial Bid.


INVITATION TO BID



Unless the exceptions are listed separately in unpriced commercial bid as explained above, it will be assumed by the Owner that Bidder is complying with the Bid documents, and no cognizance shall be given to any exceptions stated anywhere else in the Bidder’s offer.

33.0 CONTRACTOR’S DATA 33.1 In addition to compilation of documents/ drawings / data required in the technical

specifications, Contractor’s data as noted on the attached Contractor data requirements form is also to be furnished by the dates noted in the applicable column. Contractor is to comply with all “instructions” detailed in this form. All Contractor data are to be submitted to Owner.

33.2 Contractor shall incorporate Contract number, requisition number(s) , item number(s)

description and tag number(s) on all Contractor data as called for on the attached form and any other data required by applicable specifications pertaining to the Contract.

33.3 The reproducible drawings furnished by Contractor must be of top quality from which

legible and clearly defined prints can be obtained. Drawings not meeting this requirement will be until acceptable reproducible are received. Installation, operation and maintenance data, when called for on the attached contractor data requirements form, shall include instruction books, dimensional and sectional drawings, recommended spare parts list and interchange ability, lubricant recommendation and complete parts list with detailed information for each part.

34.0 APPLICABILITY OF CUSTOM DUTY FOR THIS PROJECT. Bids are invited from Bidders for this project with the applicable custom duty only.

35. EVALUATION AND COMPARISION OF BIDS

1. The Owner will evaluate and compare only those bids, which are determined to be substantially responsive pursuant to Article 21.

2. Splitting of order shall not be allowed for CPP and Ammonia Plant VAM & its auxiliaries and Filter houses, a single P.O/W.Oshall be placed on Overall L-1 basis after loading all differential Costs of utilities etc. on both CPP Plant and Ammonia II plant.

3. The Owner’s evaluation of a Bid shall be done on the basis of “Cost as completed at Site” and shall comprise of:

A) Total Contract Price as given in Attachment IV – price schedule (F-33).


INVITATION TO BID



B) The cost of one set of two year spares as given in Annexure of (F-33). C) Consumption of the Raw Material & Utilities for Pre-commissioning &

Commissioning activities. D) ARC for 3 years in addition to guarantee period of 18 months. E) Loading on various deviations as detailed below:

i. Loading On Account Of Higher Completion Period-

A. In case Completion period offered by the Bidder exceeds beyond the preferred period indicated in the ITB, the Total Contract value shall be loaded by an amount calculated on the basis of 0.5% increase in total contract value for each week ( or part thereof) of extended period offered by the Bidder. This is without prejudice to Owner’s right to treat bids with completion period beyond required completion period indicated in ITB. Earlier Completion Period shall get no credit.

B. The completion period shall be effective from issuance of LOI. In case the

bidder specifies completion period from date of release of advance payment or signing of Contract, the same would be further increased by approximately two months and will be loaded accordingly as per above clause.

C. The loading as mentioned above shall not be applied in case the quoted delivery does not meet the project requirement and the bid shall not be qualified.

D. If the Bidders ask for grace period for applicability of Price reduction clause, the same shall be added to the quoted completion period. The completion period computed on the above basis shall be taken as completion period for each Bidder for the purpose of evaluation.

ii) Guarantees As Offered By Bidders: Proportionate loading shall be done in case Bidder

quotes warrantee / guarantee different in nature and period than required. This is without prejudice to Owner’s right to treat bids with different warranty / guarantee than those indicated in the ITB.

Following loading criteria shall be adopted:

Warranty/guarantee period Loading as % of Total contract value

Less than 18 months from the date of commissioning

10% x (18-quoted warranty in months) /18


INVITATION TO BID



iii)a Operating Cost: Loading shall be done to take care of the performance and productivity of the process and equipment offered. In case the consumption of the utilities are different for different bidders, extra operating cost over the minimum quoted shall be calculated as given below:

Extra Operating Cost = Difference in Utility Consumption (for actual TR) x unit cost of utility x 7920 x 0.95 x 6.07xNxn Where: 7920 = operating Hours / year 0.95 = Availability Factor 6.07 =The discount factor at an interest rate of PLR (presently 14.25% p.a) on Yearly basis for the period of 15 years. N=Number of years (15 years). n=Number of VAM Machines( 3no)

iii)b For every 5 mm WC increase in total average pressure drop across filtration stage along with cooling coil at GTG compressor intake/PAC compressor intake the GTG /PAC net power output decreases by 0.15% .

The loading factor for difference in average pressure drop over the minimum quoted value of average pressure drop shall be calculated as given below:

Difference in power output (KWH) x(Power cost)x 7920x6.07x0.95xNxn.

Where: 7920 = operating Hours / year 0.95 = Availability Factor 6.07 =The discount factor at an interest rate of PLR (presently 14.25% p.a) on Yearly basis for the period of 15 years. N=Number of years (15 years).

n= Number of Filter house in operation (3 nos) iv) The unit cost of utilities will be follows:

The Unit cost of utilities for loading shall be as follows:

Utilities Cost

Power (Electric) Rs. 4000 per MWH

Bid Closing Date Circulating Cooling Water Rs. 12 per M3

LP steam Rs. 1400 per MT

DM Water Rs. 25 per M3


INVITATION TO BID



The bidder shall indicate the quantity of power, steam , cooling water flow and other utilities for pre-commissioning and commissioning of the Plant till VAM unit is stabilized for specified conditions. a) The quantity in excess of indicated value shall be recovered from the contractor b) The quantity indicated by the bidder shall be considered for evaluation of bid.

v. Payment Terms:

“Deviation in Payment Terms: NFL will not make any advance payments. In exceptional cases, advance payments can be agreed subject to payment of interest @SBI PLR+1% prevalent on the date of advance released and submission of acceptable unconditional Bank Guarantee (BG) of equivalent amount (including interest amount ) As per “NFL” format. However, the deviation in payment terms with respect to NIT clause shall be loaded for interest @SBI PLR+1% prevalent on the date of price bid opening for the applicable period.

Sr.No. Payment terms Period of loading

1 Advance against LOI/PO Full delivery period +30 days

Interest on interest-free advance payment, if insisted by the bidder, shall be loaded at @SBI PLR+1% prevalent on the date of price bid opening for the Quoted Completion period by the bidderor preferred completion period of this ITB, whichever is higher.

vi. Loading on account of deviation of price reduction clause: If deviation is noted in the quoted price reduction clause. The following loading criterion shall be

adopted:

Sr. No.

quoted price reduction Loading Criterion

1 0.50% per week subject to a ceiling of5.00% of total order value (as per ITB)

No loading

2 Reduction accepted on undelivered value instead of total order value

2.50% loading on total order value

3 Non acceptance of price reduction clause

5.00% loading on total order value


INVITATION TO BID



vii. Calculation of CIF Price: To arrive at CIF prices for foreign bidders, FOB prices shall be loaded as under Ocean freight @ 3.00% of FOB value Marine Insurance @ 0.11% of FOB value

Port Handling Charges @ 1.00% CIF value

viii. Inland transportation Charges:

Inland transportation Charges shall be calculated @ 1% EXW Price for Indian and CIF Price for

Foreign Bidders.

ix. Inland Insurance:

The inland insurance shall be calculated @ 0.09% of EXW-FOT works for Indian Bidders and Ex

Indian port price for Foreign Bidders.

xi. Any clarification / confirmation having negative price implications received from Bidder after

price Bid opening shall be considered only for ordering purposes and not for evaluation

purposes. However, if during techno commercial clarification / confirmations having any price

implication (positive or negative) shall be considered for evaluation purposes.

xii. NIT CONDITONS: Whenever the bidder is silent about the acceptance of NIT conditions such as performance bank guarantee, warranty period, Price Reduction Clause (Damages) etc. it shall be presumed that the bidder has accepted these conditions andno loading shall be done while undertaking evaluation.

Any other cost resulting due to disagreement of bidder from ITB conditions will be loaded proportionately or higher as quoted by any other bidder.

******


INVITATION TO BID



ATTACHMENT-II

GENERAL CONDITIONS OF CONTRACT

INSTALLATION OF VAM FOR NFL, VIJAIPUR


INVITATION TO BID



TABLE OF CONTETS

(GENERAL CONDITIONS OF CONTRACT ATTACHMENT-II)

SR. NO. DESCRIPTION

1. DEFINITONS

2. SCOPE OF CONTRACT

3 STANDARDS

4. INSTRUCTIONS, DIRECTIONS AND CORRESPONDENCE

5. CONTRACT CONFIRMATION

6. MODIFICATION IN CONTRACT

7. USE OF CONTRACT DOCUMENT AND INFORMATION

8. PATENT RIGHTS

9. PERFORMANCE SECURITY

10. INSPECTION, TESTING AND EXPEDITING

11. TIME SCHEDULE AND PROGRESS REPORTING

12. PACKING & PRESERVATION

13. COMPLETION AND DOCUMENTS

14. INSURANCE

15. DESPATCH,TRANSPORTATIONAND SHIPPING INSTRUCTION

16. INCIDENTAL SERVICES

17. SPARES PART,MAINTENANCE TOOLS AND LUBRICANTS

18. WARRANTIES AND GURANTEES

19. ASSIGNMENT

20. SUB CONTRACT

21. JOINT AND SEVERAL RESPONSIBILITIES

22. DEALYS IN THE CONTRACT’S PERFORMANCE

23. DAMAGE/PRICE REDUCTION

24. REPLACEMENT REJECTIONS, REMOVAL OF REJECTED EQUIPMENT AND REPLACEMENT

25. TERMINATION OF CONTRACT

26. FORCE MAJEURE

27. RESOLUTIONOF DISPUTES / ARBITRATION

28. GOVERNING LANGUAGE

29. NOTICES

30. TAXES AND DUTIES

31. INSTRUCTION FOR INVOICING AND PAYMENT DOCUMENTATION

32. SPECIFICATIONS

33 GENERAL

34 GOVERNMENT CLEARANCES

35 PREFERENCE TO MAKE IN INDIA CLAUSE


INVITATION TO BID



1.0 DEFINITIONS In this General Conditions of Contract the following terms shall be interpreted as

indicated 1.1 “Contract shall mean and include invitation to bid, agreement entered into between

Owner and the Contractor. Technical Specifications, drawings, General Conditions, Special Conditions, commercial documents, general and special instructions issued from time to time by the Owner in writing, tender documents, letter of acceptance of bid, Letter of Intent (LOI), work order accepted schedule of rates and all these documents taken together and as modified from time to time in writing shall be deemed to form and construe one documents.

1.2 “ Contract Price” means the fixed LSTK price as described under Price Schedule (F-33)

payable by the Owner to the Contractor under Contract as full and final compensation and consideration for Contractor; complete proper performance of all of its obligation including completion of the Plant under and in accordance with the Contract.

1.3 Goods” means all the Equipment, machinery, and / or other materials, which the

Contractor is required, supply / execute to the purchaser under the Contract. 1.4 “Services” means services for design, engineering, procurement, construction,

installation, commissioning, and provision of technical assistance, training and other such obligations of the Contractor covered under the Contract.

1.5 “Owner / Purchaser / NFL” shall mean National Fertilizers Ltd., a Government of India

Undertaking , a company incorporated under the Companies Act, 1956 having its registered office at SCOPE Complex, Core-III,7, Instructional Area, Lodhi Road, New Delhi-110003 and Corporate Office at A-11,Sector-24, Noida, Distt. GautamBudh Nagar,UP-201301 and production units at Nangal, Bathinda (Punjab),Panipat (Haryana ) and Vijaipur (M.P.)

1.6. “Contractor” or “Bidder” shall mean the Contractor / any Consortium or Joint Venture

supplying the Goods/ executing the work / Services under the Contract. 1.7 “Sub-contract” shall mean Order/Contract placed by the Contractor, for any portion of

the Order or Work after necessary consent of Owner. 1.8 “Sub-Contractor” or “Sub-Vendor” or Sub-Contractor:- shall mean any persons or persons

or firm or their legal representatives, successors, assignees to whom part of Order has been sublet by the Contractor.


INVITATION TO BID



1.9 “Site” shall mean the plant location at Vijaipur, for which this Contract has been issued

and where the Equipment shall be erected and commissioned. The location of plant site is in Vijaipur (Madhya Pradesh) India.

1.10 “Battery Limit” shall mean the area within which plant / Equipment are to be located. 1.11 “Equipment” shall mean and include any Equipment, machinery, electrical, instruments,

materials, stores to be provided for under this Contract and amendment thereto. 1.12 “Plant” shall mean entire assembly of the Equipment within specified Battery Limit 1.13 “Drawings” shall mean and include engineering drawings, sketches showing plants,

sections and elevations related to the Contract together with modifications and / or revisions thereto.

1.14 “Specifications” shall mean and include schedules, detailed description, statement of

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

1.15 “Engineer” shall mean the Engineer or Executive in-charge at Site nominated by Owner. 1.16 “Inspector” shall mean any person or outside agency nominated or agreed by Owner to

inspect Equipment stage-wise as well as final inspection, before dispatch, at Contractor’s work and on receipt at Site as per the terms of the Contractor.

1.17 “Tests” shall mean such process or processes to be carried out by the Contractor as are

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

1.18 “ Approval” shall mean and include the written consent, either manuscript, type –

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

1.19 “FOB”, :FCA”, “CFR”,”CIF”, “FAS”, “FOR”,”FOT”, & Ex-Works” shall mean the terms as

defined in the international rules for the interpretation of trade terms, 2010 (Incoterms) with the latest modifications incorporated. The terms FOR and FOT are exclusively meant for Indian bidders only.


INVITATION TO BID



1.20 “Terms” and expressions not herein defined shall have the same meaning as are assigned to them in the Indian sale of Goods Act, 1930, failing that in the Indian Contract Act (1872)and failing that in the General Clauses Act (1897) including amendments thereof, if any.

1.21 “Effective Date” means the date of issuance of Letter of Intent. 1.22 “ Completion Period” shall mean the period starting from the date of issuance of LOI till

the completion of guarantee test and handling over of duly commissioned Plant (All VAM units& accessories) and facilities to Owner WITH THE ISSUANCE OF final acceptance CERTIFICATE BY owner.

2.0 SCOPE OF CONTRACT Bidder shall be responsible for the jobs specified under following:

Design & engineering, review & analysis, codes and standards, drawings and documents, Owner’s review , Procurement of equipment and material, govt. clearance, network schedule, spares & special maintenance tools, construction tools, transportation and storing of equipment, construction, safety and plant security, pre-commissioning, mechanical completion, commissioning, performance guarantees, Post commissioning services, if required, practical experience for Owner’s personnel, if required, laws and regulations, progress monitoring and reporting, technical information, work of sub-contractors coordination etc.

Take into possession the custody and care of GOODs handed over to CONTRACTOR by OWNER at the port of entry in India for imported supplies and EXW for indigenous supplies and arrange services of ocean transportation, insurance and carry out the services of port clearance on behalf of OWNER, inland transportation up to SITE, inland transit insurance, unloading, storage at SITE transportation within SITE, complete services of erection, structural and PRE-COMMISSIONING, COMMISSIONING and PERFORMANCE & GUARANTEE TEST RUNS for PLANT.

Take into possession the custody and care of GOODS handed over by OWNER to CONTRACTOR on furnishing an Indemnity Bond as per prescribed Performa and carry out series of inland transportation up to SITE, inland transit insurance, unloading, storage at SITE, in plant transportation , erection, PRE-COMMISSIONING , COMMISSIONING , PERFORMANCE AND GUARANTEE TEST RUN AND FINAL COMPLETION OF PLANT.

OWNER shall furnish to CONTRACTOR on CONTRACTOR’S request for each shipment delivery documents such as negotiable copy of bill of lading, packing


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list, invoices etc. duly endorsed in CONTRACTOR’S favour after receipt of an indemnity bond from CONTRACTOR in the prescribed proforma for value of GOODS so that CONTRACTOR shall take prompt action to file the papers with customs authorities on behalf of OWNER , for getting the GOODS cleared from customs.

OWNER shall give to CONTRACTOR possession, custody and care of GOODS and CONTRACTOR is obliged and shall remain absolutely responsible for the safe transit/ protection and custody of GOODS at Site against all risks whatsoever till GOODS are duly used / erected and commissioned in accordance with the terms of the CONTRACT and the plant / packed duly erected and commissioned in accordance with the terms of CONTRACT, CONTRACTO undertake to keep OWNER harmless against loss or damage that may be caused to GOODS.

CONTRACTOR shall take possession of said GOODS from port/customs authorities on behalf of OWNER.

CONTRACTOR shall on behalf of OWNER take all necessary steps and comply with all formalities to get this CONTRACT registered with the appropriate Indian Customs Authorities on behalf of OWNER to have the various imported GOODS assessed at concessional rate of customs duty as applicable.

CONTRACTOR shall be responsible, whenever required, to undertake on behalf of ONWER customs reconciliation work with Indian customs authorities and finalize the customs assessment within three MONTHS of arrival of the last consignment by furnishing the necessary technical documents and technical information etc.to the said authorities.

CONTRACTOR shall be responsible for all penalties and demurrages due to delay in clearance from customs port of imported GOODS due to causes not attribute to OWNER nor to Force Majeure events.

CONTRACTOR shall on behalf of OWNER take all necessary action for inspection of imported GOODS at dock / customs /port and lodge necessary claims under relevant insurance policies for all losses and pursue such claims.

CONTRACTOR shall arrange handling and transportation of GOODS to SITE by rail/road and be responsible for its arrival at SITE.

CONTRACTOR shall unload at SITE inspect, lodge claims under relevant insurance policies, if loss and / or damage is found for GOODS wherever necessary, shift and store at SITE and arrange for preservation, covered storage and security during construction.

CONTRACTOR undertakes that GOODS shall be used exclusively for the performance / execution of the CONTRACT strictly in accordance with its terms and conditions and no part of OODS shall be utilized for or hypothecated to any other work or purpose whatsoever. It is clearly understood by CONTRACTOR that non-observance of the obligations under this CONTRACT by CONTRACTOR shall


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inter alia constitute a breach of trust on the part of CONTRACTOR for all intents and purposes including legal consequences.

OWNER is and shall at all times remain the exclusive owner of GOODS free from all encumbrances, charges or liens of any kind, whatsoever, GOODS shall at time be open to inspection and checking by Engineer-in charge / Engineer or other employees / agent authorized by him inthis regard. Further OWNER shall always be free at all times take possession of GOODS in whatsoever form GOODS may be,if in its opinion, GOODS are likely to be endangered, mis-utilized or converted to uses other than those specified in CONTRACT by any acts or omission or commission on the part of CONTRACTOR or any other persons or on account of any reason whatsoever and CONTRACTOR binds itself and undertakes to comply with the directions of Demand of OWNER to return GOODS without any demur or reservation.

CONTRACTOR shall erect assembly and commission PLANT for achieving guarantee performance as per TECHNICAL SPECIFICATIONS.

CONTRACTOR shall be responsible for obtaining necessary approvals from the various statutory authorities including inspectorate of boilers and chief Electrical inspectorate for electrical installations in India at no extra cost to OWNER if any.

2.1 Scope of the Contract shall be as defined in the Contract Specifications, Drawings and

Annexure and Attachment thereto. 2.2 The bidder shall furnish Six (06) copies in English language of technical documents, final

drawings preservation instructions, operation and maintenance manuals, test certificates, and spare parts catalogues. Before dispatch under confirmation to the Owner , one reproducible for final Drawings & Two CD/PD shall also be furnished along with above six copies.

2.3 The documents once submitted by the Contractor shall firm and final. The Contractor

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

2.4 All dimensions and weights should be in metric system. 2.5 All Equipment to be supplied and work to be carried out under the Contract shall

conform to and comply with the provisions of relevant regulations/acts (state Government or Central Government) as may be applicable to the type of Equipment / Work carried out and necessary certificates shall be furnished.


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2.6 The Contractor shall provide cross-sectional drawings wherever applicable to identify the spare part number and their location. The sizes of bearings their make & number shall be furnished. Moreover material of construction, sizes of “O” rings, oil seals packing shall also be indicated clearly.

2.7 Specifications, design and drawings issued to the Contractor along with tender

Specifications and contract are not sold or given but loaned. These remain property of

Owner or their assignees and are subject to recall by Owner. The Contractor and his

employees shall not make use of the Drawings, Specifications and technical information

for any purpose at any time except for execution of work against the Contract and shall

not disclose the same to any person, firm or corporate authorities, without written

permission of Owner. All such details shall be kept confidential.

3.0 STANDARDS 3.1 The Goods and service supplied under this Contract shall conform to the standards

mentioned in the technical Specifications, or such other standards, which ensure an equal or higher quality and when no applicable standards is mentioned, the latest standards issued by an authority / recognized institution in the country of origin of the Goods shall be applicable. In case, more than one standard is indicated in the Contract, the more stringent one shall be followed.

4.0 INSTRUCTIONS, DIRECTIONS AND CORRESPONDENCE. 4.1 The materials and services described in Contract are to be supplied according to the

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

I) All the work shall be carried out under the direction of and to the satisfaction of

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

shall bear reference to the Contract. iii) Invoice for payment against Contract shall be addressed to Owner. iv) The Contract number shall be shown on all invoices, communication, packing lists,

containers and bill of landing etc.


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4.2 All correspondence from Contractor/bidder shall be forwarded in duplicate (02 copies) to OWNER at following address.

Dy. General Manager(TS), National Fertilizers Limited , VIJAIPUR Distt. GUNA (MP)-473111 INDIA Phone: 9464169624, 9417560184

4.3 Correspondence on technical and commercial matters shall be dealt with in separate letters for each Contract and each copy of the letter shall be complete with all Annexure.

4.4 Correspondence for expediting and inspection shall be done directly with Inspector with

two copies to Owner at following address: Dy. General Manager(TS), National Fertilizers Limited , VIJAIPUR Distt. GUNA (MP)-473111 INDIA Phone: 9464169624, 9417560184

5.0 CONTRACT CONFIRMATION 5.1 Within ten (10) days from date of receipt of the LOI/WO, Contractor shall sign the

Contract and return it to the Owner. The copy of the Contract shall be signed by an authorized officer of the company with company seal.

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

procedure over Contractor’s bid conditions and all previous correspondence. 5.3 If after award of Contract, the Contractor does not acknowledge receipt of Award of

Order and / or fails to furnish the security deposit cum performance bank guarantee within the time period specified in the Contract, Owner reserves the right to cancel the Contract without prejudice to various rights and remedies, the Owner may be entitled to as per terms and conditions of Contract and without being liable in any manner whatsoever to the Contractor.


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

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

6.2 Owner shall not be bound by any printed conditions, provisions in the Contractor’s bid forms or acknowledgement of Contract, packing list and other documents which purport to impose any conditions at variance with or supplemental to Contract.

7.0 USE OF CONTRACT DOCUMENTS AND INFORMATION 7.1 The Contractor shall not, without the Owner’s prior written consent, disclose the

Contract or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Owner in connection therewith, to any person other than a person employed by the Contractor in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purpose of such performance.

7.2 The Contractor shall not without the Owner’s prior written consent, make use of any document or information enumerated in Article 7.1 except for purpose of performing the Contract.

7.3 Any documents other than Contract, itself, enumerated in Article 7.1 shall remain the

property of the Owner and shall be returned (all copies) to the Owner on completion of the Contractor’s performance under the Contract, if so required by the Owner.

8.0 PATENT RIGHTS 8.1 The Contractor shall indemnify the Owner against all third party claims of infringement of

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

8.2 Patent Indemnity Contractor shall warrant that the use or sale of the materials delivered under will not

infringe claims of any patent covering such material ( to the extent the design for such


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materials is not furnished by Owner) and Contractor agrees to be responsible for and to defend at its sole expense all suits and proceedings against Owner based on any such alleged patent infringement and to pay all costs, expenses, judgment and damage which owner may have to pay or incur by reason of any such suit or proceedings and damages which Owner may have to pay or incur by reason of any such suit or proceedings. Notwithstanding the foregoing, Owner does not warrant against and shall not be responsible for claim of patent infringement based solely on the use of such materials in combination with other material or Equipments or in the operation of any process other than such process as may be inherent in the use of such materials.

8.3 Mechanics Lien Contractor agrees to indemnify and hold harmless Owner against all labourer’s material

man’s and / or mechanics liens arising from its work, and shall keep the premises of Owner free from all such claims, liens and encumbrances.

8.4 Permits and Certificates Contractor shall procure, at its expense, all necessary permits, certificates and licenses

required by virtue of all applicable laws, regulations, ordinance and other rules in force at the place where any of the work is to be performed, and Contractor further agrees to hold Owner harmless from liability or penalty which might be imposed by reason of any asserted or established violation of such laws, regulations, ordinances or other rules.

9.0 PEERFORMANCE SECURITY 9.1 Within 30 days after receipt of Notification of Award (LOI)/WO by Contractor, the

Contractor shall furnish to the Owner security cum performance guarantee in the form of a bank guarantee for an amount equivalent to 10% of the value of Contract. Contractor shall inform the Owner, name and address of its banker along with Fax Number and E-mail.

9.2 The proceeds of performance security shall be appropriated by the Owner as compensation for any loss resulting from the Contractors failure to complete its obligations under the Contract without prejudice to any of the rights or remedies the Owner may been entitled to as per terms and conditions of Contract.

9.3 The performance security shall be denominated in the currency of the Contract and shall

be furnished in the form of bank guarantee.


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9.4 The security Deposit Cum Performance Bank Guarantee shall be valid for the duration of the completion period plus 18 months from the date successful commissioningplus three months claim period. The Proforma for security Deposit Cum Performance bank guarantee is enclosed at Attachment V.

Note: Any bank guarantee may it be for Advance Payment, EMD or Security cum Performance shall be issued or counter guaranteed by any of the Scheduled Indian Banks ( except Cooperative and Gramin Bank) in the form specified by NFL. In case of Bank Guarantee issued by the foreign Bank outside India, conformation of the same by any scheduled Bank(excluding Gramin/Cooperative Bank) in India is required. The charges for confirmation shall be to Contractors account. The Bank Guarantee should be submitted by Bankers directly

to NFL in a sealed cover (Registered Post AD) and not through supplier. The party shall also arrange confirmation of Bank Guarantee (including all amendments) by their issuing bank through SFMS mode directly to State Bank of India, N-3 Ist&IInd Floor, Commercial Branch , South Extn. Part I, New Delhi -110049 (ISFC Code – SBIN0000730 or SBININBB220).

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

Goods to confirm to the Specifications laid down in the Contract. The special conditions of Contract and / or the technical specifications shall specify what inspections and Test the Owner require and where they are to be conducted. The Owner shall notify the Contractor in writing of the identity of any other representatives retained for this purposes. Expediting performed by Owner’s representative in no way relieves the Contractor of obligation under the terms and conditions of this Contract.

10.2 The inspections and Tests may be conducted on the premises of the Contractor or his

Sub-contractor at point of Completion and / or at the Good’s final destination. When conducted on the premises of the Contractor or his sub-contractor, all reasonable facilities and assistance including access to drawings and production data shall be furnished to the Inspector at no charge to the Owner.

10.3 Should any inspected or tested Goods fail to conform to the Specifications, the Owner

may reject them and Contractor shall either replace the rejected Goods or make all alterations necessary to meet Specifications’ requirements free of cost to the Owner.

10.4 The Owner’s right to inspection, Test and where necessary rejection of, the Goods after

the Goods arrival in the Owner’s country shall in no way be limited or waived by reason


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of the Goods having previously been inspected, tested and passed by the Owner or their representative prior to the Goods shipment from the country of origin.

10.5 The Inspector shall follow the progress of the manufacture of the Equipment under the

Contract to ensure that the requirements outlined in the Contact are not being deviated with respect to schedule and quality.

10.6 Contractor shall allow the Inspector to visit, during working hours, the workshops

relevant for execution of the contract during the entire period of Contract execution. 10.7 In order to enable Owner’s representatives to obtain entry visas in time, Contractor shall

notify Owner two months before assembly, testing and packing of main Equipment. If requested, Contractor shall assist Owner’s representatives in getting visas in the shortest possible time (applicable only in case of foreign order).

10.8 Contractor shall place at the disposal of the Inspector; free of charge all tools,

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

10.9 Contractor shall ensure that the same permission is granted by his Sub-Contractor to the

Inspector. 10.10 In respect of this inspection, Contractor shall advise in writing of any delay in the

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

10.11 All Tests and trails in general, including those to be carried out for materials not

manufactured by Contractor shall be witnessed by the Inspector. Therefore, Contractor shall confirm with the Owner by Email/fax about the exact date of inspection, with at least 30 days notice. Contractor shall specify the Contract items and quantities ready for testing and indicate whether a preliminary or final Test is to be carried out.

10.12 If on receipt of this notice, Owner should waive the right to witness the test; timely

information will be given accordingly to the Contractor. 10.13 Any and all expenses incurred in connection with Tests, preparation of reports and

analysis made by qualified Laboratories / Institutions, necessary technical documents, testing documents, and documents, and Drawings shall be to contractor’s cost. The


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technical documents shall include the reference and number of the standards used in the construction, wherever deemed practical by the Inspector, with copy of such standards. Contractor shall be held responsible for any possible delay in the approval or testing phase as well as for any possible delay in the remittance of necessary certificates. Delay on the part of the above mentioned instructions will not be considered a case of “Force Majeure”.

10.14 Nothing in this Article 10 shall in any wayrelieve or release the Contractor from any

warranty or to his obligation under this Contract. 10.15 Arrangements for all inspection required,if any by Indian Statutory Authorities and as

specified in Technical Specifications shall be made by Contractor. 10.16 Participation or presence of Owner or their representatives at any Tests or their failure to

be present at or to witness any Tests to be undertaken pursuant hereto shall not in any way or manner relieve or release the Contractor from any of its warranties, guarantees or other obligations under the contract.

10.17 Copies of all Test results / report of the Tests shall be furnished promptly by the

Contractor to the Owner. 11.0 TIME SCHEDULE AND PROGRESS REPORTING 11.1 Time Schedule Network/Bar Chart 11.1.1 Together with the Contract confirmation, Contractor shall submit to Owner, his time

schedule regarding the documentation, supply and manufacture of Equipment and materials as well as information of his Sub-contracts to be placed with their parties, including the dates on which Contractor intends to issue such Sub-Contracts.

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

main or key events regarding documentation, supply of raw materials, manufacturing testing and Delivery, Erection & Commissioning , Guarantee test & handing over of Plant

11.1.3 The original issue and subsequent revisions of Contractor’s time schedule and or Sub-

Contractor’s time schedule shall be sent to Owner in three copies (of which one shall be soft copy).

The time schedule network /bar chart shall be updated at least every month showing

achieved progress against the scheduled target.


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11.2 Progress Trend Chart /Monthly Report 11.2.1 PERT/CPM shall be provided at the start of execution and revised as and when required. 11.2.2 Contractor shall report monthly to Owner the progress of the execution of Contract and

achievement of targets set out in time bar chart. 11.2.3 The progress will be expressed in percentages shown in the progress trend chart. 11.2.4 The first issue of the progress trend chart will be forwarded together with the time bar

chart along with the Contract confirmation. 11.2.5 The monthly reporting will bear the updating of this progress trend chart. 11.3 PROGRESS PERFORMANCE 11.3.1 Owner or his representatives shall have the right to inspect Contractor’s premises to

evaluate the actual progress of work on the basis of Contractor’s time schedule documentation.

11.3.2 Irrespective of such inspection, Contractor shall advise Owner at the earliest possible

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

11.3.3 In the event that the delay is caused by a delay in the Completion of sub-contracted job,

Contractor shall submit details together with copies of the appropriate orders and agreement entered with such Sub-Contractors.

11.4 Notwithstanding the above, in case progress on the execution of Contract at various

stages is not as per phased time schedule and is not satisfactory in the opinion of the Owner which shall be conclusive or if the Contractor shall neglect to execute the Contract with due diligence and expedition or shall contravene the provisions of the Contract, Owner may give notice of the same in writing to the Contractor calling upon him to make good the failure, neglect or contravention complained of. Should the Contractor fail to comply with such notice within the period of 30 days, the Owner shall have the option and at liberty to take the Contractor wholly or in part out of the Contractor’s risk and cost and recover from the Contractor all extra costs incurred by the Owner on this account and agreed penalty. In such an event Owner shall not be responsible for any loss that the Contractor may incur and Contractor shall not be entitled to any gain. Owner shall, in addition have the right to confiscate performance security in full or part.


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12.0 PACKING AND PRESERVATION 12.1 The Contractor shall provide such packing of the Goods as is sea worthy and is such as

shall prevent damage or deterioration to them or any part thereof during transit to their final destination as indicated in the Contract. The packing shall be sufficient to withstand without limitation to rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage, packing case size and weights shall be taken into consideration, where appropriate, the remoteness of the Goods’ final destination and the absence of heavy handling facilities at all points in transit.

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

strictly with such special requirements as shall be expressly provided for in the Contract and subject to any subsequent instructions issued by the Owner.

12.3 Contractor shall be obliged to make compensation for all losses suffered by Owner due

to Contractor’s improper packing of Equipment.

i) Spares shall be packed separately and identification marks tagged to each of the items, containing the following information and as per instructions specified in the Contract.

a) Details of Equipment and Contract b) Nomenclature of part / component c) Part No. and Drawing No. d) S. No. of part Contract. e) S. No. of part in spares catalogue ii) All fragile and all exposed parts shall be packed with due care and packages shall

bear the worlds “Handle with Care” in English iii) All nozzles, pipes, and all sheets shall be marked with straps bearing progress

numbers. iv) All holes and openings as also all the machined surfaces shall be carefully

protected against weather and damages. v) All manufactured surfaces shall be painted with rust proof paint. vi) All threaded fittings shall be greased and provided with plastic caps. vii) All bright and machined parts shall be coated with appropriate anti-rust

protective / preservative material suitable for tropical and coastal climate conditions.

viii) All small pieces shall be wrapped in jute bags lined with polythene and packed in cases. All pipes shall be bundled in small lots with strong wire in at least four (4)


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places and 4 metallic tags placed giving information on size, specifications, length and weight of bundle. Both the ends of pipes should be plugged with plastic caps.

ix) No Equipment shall be shipped on deck without specific approval of Owner. x) All on the deck shipments, if permitted, shall be given special protective coating

and packing. xi) Nitrogen at Positive pressure may be required to be maintained, in case of rotors

and some pressure vessels in order to prevent corrosion due to presence of moisture in ambient air. In such Contractor shall provide nitrogen regulator, nitrogen gas, hoses and coupling etc.

12.4 Contractor is fully responsible for specification of the storage conditions for his Equipment and materials, and Contractor is also responsible for any damage incurred due to faulty or missing instructions.

12.5 At least 30 (thirty) days prior or final inspection, Contractor shall submit to Owner a

complete description of the packing. 12.6 The Contractor shall be liable for all damages or breakage to the Equipment due to the

defective of insufficient packing as well as for corrosion due to insufficient protection. In such an event Contractor shall arrange for free replacement without any cost to Owner.

12.7 In each package Contractor will ensure that there is a packing list in English language.

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

12.8 Contractor / Supplier shall ensure compliance regarding treatment and marking of the

packing material as per ISPN-15 and other related requirements of Government of India. Wherever required supplier / contractor shall ensure necessary phyto-sanitary certificate for this are made available to custom authority at the time of custom clearance.

13.0 COMPLETION AND DOCUMENTS 13.1 Completion time shall include time for submission of Drawings for approval,

incorporation of comments, if any, and final approval of Drawings by Owner. 13.2 In the event of delay in execution, Contractor shall cause Price Reduction as stipulated

in the Article 23.


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13.3 In case of delayed Completion beyond the stipulated Completion by Contractor even though normal extension of completion time is allowed by Owner, all extra costs on account of changes of statutory regulations / acts, or increase in price on any other account including price variation clause, if any, shall not apply to the Contract price and shall be borne by the Contractor.

13.4. Special care shall be taken by the Contractor to furnish manufacturer’s test certificates,

material of constructions , make, type pressure ratings, wherever applicable , include in the scope of supply of Equipment, before its shipment to enable Owner to obtain permission for import from directorate of explosive or any concerned Statutory Authority in India.

13.5 Contractor shall submit a certificate of origin regarding the origin of Goods to the Owner

as per Contract, which shall be a signed statement of the Contractor with endorsement from trade association, Chamber of Commerce or similar recognized body.

14.0 INSURANCE BIDDER shall take in the joint name of BIDDER and OWNER comprehensive transit

insurance for imported and indigenous GOODs Transit-cum Storage – Erection or its equivalents and third party liability insurance policies with reputed underwriters to cover ALL RISK whatsoever during the whole period starting with dispatch of GOODS from BIDDER / CONTRACTOR’s warehouses FOB port of shipment for imported GOODS and EXW at Contractor’s works for indigenous GOODS and shall further cover for marine insurance, performing services in India for transportation, loading unloading , assembly, erection testing COMMISSIONING OF PLANT till FINAL COMPLETION.

BIDDER shall be fully responsible for pursing and setting all claims under the

underwriters. In the event of accident, injury, damage or loss likely to form a claim under the above insurance policies, BIDDER shall as quickly as possibly submit the insurance claims by underwriters under intimation to OWNER. BIDDER shall also keep OWNER fully informed about progress of each such case. BIDDDER shall undertake immediate repair and replacement of the equipment lost in transit, storage, assembly, erection and COMMISSIONING of PLANT pending settlement of claim thereafter by the underwriters.

14.1 The Contractor at his cost shall arrange, secure and maintain all insurance as may be

pertinent to the works and obligatory in terms of law to protect his interest and interest of Owner against all perils detailed herein. The Form and the limit of such insurance as defined herein together with the under-writer in each case shall be acceptable to the Owner. However, irrespective of such acceptance, the responsibility to maintain


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adequate insurance coverage at all times including third party liability during the period of contract shall be as of Contractor alone. The Contractor’s failure in this regard shall not relieve him of any of his contractual responsibilities and obligations. The insurance covers to be taken by the contractor shall be in the joint names of Owner and the Contractor. The Contractor shall, however, be authorized to deal directly with insurance company or companies and shall be responsible in regard to maintenance of all insurance covers.

14.2 All insurance including marine insurance is to be covered from insurance company

registered in India. There should be a single cover for marine cum inland transit, storage and erection up to ACCEPTANCE OF PLANT. The insurance premium is reimbursable subject to maximum of the quoted amount under this head. All insurance covers shall be taken by Contractor in joint name of CONTRACTOR and OWNER.

14.3 Any loss or damage to the equipment during handling, transportation, storage, erection,

putting the equipment into satisfactory operation and all activities to be performed till the successful completion of trial operation of the plant shall be to the account of the contractor. The contractor shall be responsible for reference of all claims and make good the damages or loss by way of repairs and /or replacement of the equipment, damaged or lost. The transfer of title shall not in any way relieve the contractor of the above responsibility during the period of contract. The contractor shall provide the Owner with copies of all insurance policies and documents taken out by him in pursuance of the contract. Such copies of documents shall be submitted to the Owner immediately after such insurance coverage. The contractor shall also inform the Owner in the writing at least sixty (60) days in advance regarding the expiry / cancellation and / or change in any of such documents and ensure revalidation, renewal etc.as may be necessary well in time.

14.4 License / facilities, to the extent it remains the responsibility for the Owner, in respect of

supplies to be made by the foreign Contractor from outside India required for purposes of replacement of equipment lost in transit and / or during erection and / or during storage shall be made available by the Owner. Contractor shall however, be required to follow the procedure as may be laid down by the Owner to facilitate him arranging such license / facilities. The perils required to be covered under the insurance shall include, but not be limited to fire and allied risks, miscellaneous accidents (erection risks) workman compensation risks, loss or damage in transit, theft, pilferage, riot and strikes and malicious damages, civil commotion, weather conditions, accidents of all kinds, war risks (during ocean transportation only) etc. The scope of such insurance shall be adequate to cover the replacement / reinstatement cost of the equipment for all risk till the equipment is taken over by the Owner. The insurance policies to be taken should be on replacement value basis and / or incorporating escalation clause.


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Notwithstandingthe extent of insurance cover and the amount of claim available from the underwriters, the contractor shall be liable to make good the full replacement / rectification of all equipment / materials and to ensure their availability as per project requirement without additional financial liability to the Owners.

14.5 All cost on account of insurance liabilities covered under the contract will be to the

contractors account and will be included in the contract price. The Contractor, while arranging the insurance, shall ensure to obtain all discounts on premia, which may be available for higher volume or for reason of financing arrangement of the project.

15.0 DESPATCH , TRANSPORTATION /SHIPPING INSTRUCTIONS 15.1 Contractor shall arrange for dispatch of GOODS by sea / rail /road / air after proper

packing and protection as per instructions given in this CONTRACT. The consignment shall be dispatched after inspection and issue of acceptance certificate unless otherwise agreed to in writing.

15.2 In case of imported GOODS On-Deck Shipment should not be without prior permission

of OWNER , which shall not be unreasonably withheld. 15.3 a)Clean on Board Bill of Lading for all Offshore Supplies shall be drawn as under: For FOB / FAS Shipment

Shipper – Govt. of India Consignee – Govt. of India A/c National Fertilizers Ltd. Installation of VAM Vijaipur, Guna , Madhya Pradesh.

b) Property in GOODS

i) As to imported GOODS whether supplied on FOB or FAS basis, title to and property in

GOODS shall pass to OWNER ,FOB Port of Export or in the case of shipment by air freight of delivery to the International Airline at the port of export.

ii) As to GOODS purchased in India title to and property in GOODS shall pass to OWNER ,

supplier shops notwithstanding the transfer of the title to and property in GOODS to


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OWNER. CONTRACTOR shall carry out all obligations in regard thereto as stipulated in Contract.

iii) The care of custody responsibility of Contractor shall terminate upon Final Completion

and handing over of duly commissioned Plant to Owner. Assembly Marks and Name Plates : 15.4.1 All components / part of Goods when dispatched in unassembled status shall be

adequately visible, indelibly hard marked with identification mark comprising equipment / part numbers and Contract under which shall be shown on drawing to facilitate speedy identification , assembling or dismantling.

15.4.2 Name Plates On each equipment, a name plate indicating basic details, pressure rating, wherever

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

15.5 All inland transportation shall be governed by applicable Indian Laws. 15.6 Shipping Arrangements and Forwarding of Documents. 15.6.1 In the case of a shipment on the FOB basis, Owner requires Ocean transportation by

conference vessels or by Indian Vessels. In such case Contractor shall be permitted to use alternative carriers, if the specified carrier is not available within the delivery period required by Contractor. All Shipping arrangements shall then be made by Contractor with the help of Secretary, Shipping Coordination Committee, Ministry of Shipping Transport ,New Delhi (Cable : Transport, New Delhi Telex Vahan ND 2312,2448 and 3104) or through their Forwarding Agent as named below

15.6.2 Forwarding & Shipping Agents Government of India through the chartering wing ( TRANSCHART) have appointed

following freight forwarders for coordination of liner shipments:


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Area Forwarding Agent

UK, North Continent Ports of Europe and Adriatic ports

01)Schenker& Co., Hamburg Schenker Deutschland AG Indian Subcontinent Bei den murhen 5 20457 Hamburg Telefax :+ 4940/36135509 E-mail:dbschenker.com/de 02)Panalpina World Transport Hamburg PanalpineWelttransport (Deutschland) GMBH Am GenterUfer 7, 21129 Hamburg Fax:494023771-1406 E-mail:[email protected]

North and South American including Mexico OPT Overseas Project Transport 1275 Valley Brook Avenue Lyndhurst New Jeresy-07071 USA Fax:001-201-7291625 E-mail [email protected]

Other areas Coordination is done by Shipping Corporation of India ,Shipping House ,245 madam Cama Road

,Mumbai-400021

15.6.3 Bill of lading should be drawn to show Government of India as the shipper and Govt. of India A/C NFL , Vijaipur , Installation of VAM in AMMONIA-II at NFL in Madhya Pradesh as the Consignee. In no case Consignee on the bill of lading shall be the negotiating bank of India.

15.6.4 Adequate notice of not less than six (6) weeks about the readiness of Cargo for

shipment should be given to Forwarding Agent from time to time for finalization the shipping arrangements. All materials shall be shipped on freight to pay.

15.6.5 For the purpose of ascertaining the availability of suitable Conference Lines vessels and

Indian Member Lines vessels and granting dispensation in the event of their non-availability, Contractor should give adequate notice about the readiness of each consignment from time to time at least six week in advance of the required position to the forwarding agent and also endorse a copy thereof to the Shipping Coordination Office, Ministry of Shipping and Transport, New Delhi ( cable:Transchart, New Delhi) as also to the owner.

mailto:[email protected]


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15.6.6 To avoid delays in shipments, CONTRACTOR may make his own arrangements for shipping arrangement is not advised by Transchart under the Ministry of Shipping and Transport, to CONTRACTOR within the specified time or if the vessel arranged is scheduled to arrive at the specified port of loading later than 15 days of the date of readiness of cargo.

15.6.7 CONTRACTOR shall avoid the use of over aged vessels for the shipment of the imported

GOODS under this CONTRACT and if so used, the cost of additional insurance, if any, shall be borne by CONTRACTOR.

15.6.8 For arranging clearance of shipment at Indian Port of Entry one set of shipping

document as under are to be dispatched by mail to agents / CONTRACTOR i) 1/3 original of non-negotiable (B/L) ii) 2 copies of non- negotiable copies of B/L iii) 2 copies of packing list iv) 2 copies of signed invoice v) 2 copies of certificate of origin vi) 2 copies of telex/cable to insurance company. vii) Freight bill, if freight is paid by the contractor. viii) Test certificates ix) Inspector Release Note 15.6.9 Contractor shall register himself with Tax authorities in Madhya Pradesh if required and

obtain necessary clearances from government required for entry of materials in the states if any.

16.0 INCIDENTAL SERVICES 16.1 As specified in the special conditions contract, the Contractor may be required to

provide any or all of the following services. i) Performance or supervision or maintenance and / or repair of the supplied

Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Contractor of any warranty obligations under this Contract, and

ii) Conduct training of the Owner’s personnel, at the Contractor’s plant and / or on Site, in assembly, start up operation, maintenance and / or repair of the supplied Goods.

16.2 At the request of Owners, Contractor shall at his expense, dismiss from work and

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


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16.3 Other conditions of work at Site shall be as per site working & safety conditions as per

Document Site working & safety conditions, attachment VII of ITB. 17.0 SPARE PARTS, MAINTENACE TOOLS AND LUBRICANTS. 17.1 As a specified in the Contract, the Contractor may be required to provide any or all of

the following materials and notifications pertaining to spare parts manufactured or distributed by the Contractor.

i) Such spare parts as the Owner may opt to purchase from the Contractor,

provided that this option shall not relieve the Contractor of any warranty obligations under the Contract, and

ii) All the spares for the Equipment under the contract will strictly conform to the specification and other relevant documents and will be identical to the corresponding main equipment / components supplied under the Contract and shall be fully interchangeable.

iii) The Contractor will provide the Owner with all the addresses and particulars of

his Sub-Contractors/Sub Contractor while placing the order on vendors for items/components / Equipment covered under the Contract and will further ensure with his vendors that the Owner, if so desires will have the right to place order for spares directly on them on mutually agreed terms based on offers of such vendors.

iv) The Contractor shall guarantee the long term availability of spares to the Owner

for the 15 years life of the Equipment covered under the Contract. The Contractor shall guarantee that before going out of production of spare parts of the Equipment covered under the Contract, he shall give the Owner at least 2 years advance notice so that the later may order his bulk requirement of spares, if he so desires. The same provision will also be applicable to Sub-Contractor. Further, in case of discontinuance of manufacture of any spares by the Contractor and / or his Sub-Contractors’, Contractor will provide the Owner, two years in advance, with full manufacturing Drawings, material Specifications and technical information including information on alternative equivalent makes required by the Owner for the purpose of manufacture / procurement of such items.

17.2 Contractor shall complete item-wise list with value of each item of spare parts and

maintenance tools requirements for two years’ operation and maintenance period.


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

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

17.4 Type, No. and sizes of bearings shall be indicated. Size & material of construction of “O”

rings, oil seals packing shall also indicated. 17.5 Spares parts shall be packed for long storage under tropical and coastal climatic

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

and lifting appliance if any, for the Equipment shall be submitted to Owner. 17.7 Whenever lubricants are required, Contractor shall indicate the quantity of lubricants

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

17.8 If Contractor is unable to recommend a specific oil, basic recommended characteristics

of the lubricants may be indicated. 17.9 Contractor shall indicate various equivalents of lubricants available in India. 18.0 WARRANTIES AND GUARANTEES (Applicable for actual TR) 18.1 Materials and Workmanship Warranty 18.1.1 The Contractor shall fully warrant that the Goods supplied under the Contract are new,

unused, of the most recent or current models and incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Contractor shall further warrant that all Goods supplied under this Contract shall be of first class quality according to Specifications, have no defect (patent or latent) arising from design, materials or workmanship or form any act of omission of the Contractor that may develop under normal use of the supplied Goods in the condition prevailing in the country of final destination.

18.1.2 This warranty shall be valid for 24 months from the date of mechanical completion or 18

months from the date of successful commissioning whichever is earlier. Should any defects be noticed in the design, materials and / or workmanship within 24 months from the date of mechanical completion or 18 months from the date of successful


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commissioning of plant, whichever is earlier. Owner shall inform Contractor and Contractor shall immediately on receipt of such intimation depute their personnel within 7 days to investigate the causes of defect and arrange rectification / replacement / modification of the defective Equipment at Site without any cost to Owner within a reasonable period. Owner shall be free to take such corrective action as may be deemed necessary at Contractor’s risk and cost, after giving notice to the Contractor. The Owner shall promptly notify the Contractor in writing of any claim arising under this warranty.

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

instructions issued by Contractor will be considered Contractor’s fault and will be treated according to the provisions of this warranty clause.

18.1.4 In case defects are of such nature that Equipment shall have to be taken to Contractor’s

works for ratification etc., the Contractor shall take the Equipment at his cost after giving necessary undertaking or security as may be required by the Owner. Owner shall, if so required by the Contractor, dispatch the Equipment by quickest mode on freight to pay basis to the Contractor’s works. After repairs Contractor shall deliver the Equipment at Site on freight paid basis. All risks in transit to and fro shall be borne by the Contractor.

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

period of 12 months from the date of acceptanceof plant and the bank guarantee for performance shall be suitably extended.

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

the efficiency of the Equipment, Owner / shall have the right to give to the Contractor within one month of such replacement /renewal, notice in writing to carryout tests as may be required for acceptance of the Equipment.

18.1.7 If the Contractor fails to meet his obligation to repair or replace defective Goods within

a reasonable period of time, if Contractor refuses, to carry out work under the guarantee clause and implied guarantee conditions, if danger is anticipated or in case of severe urgency Owner shall be entitled to carry out at Contractor’s cost and risk, repair work or replacement deliveries or have it done by a third party. In case not all goods have been delivered by Contractor, Owner is entitled to procure the remaining Goods at Contractors cost and risk. This does not relieve Contractor of any of his guarantee, obligations. Taxes and duties of any kind, whatsoever imposed by the authorities of the country of Contractor or his Sub-contractors until Completion shall be borne by Contractor.


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18.1.8 Damages to EQUIPMENT deriving from incomplete, erroneous instructions issued by CONTRACTOR will be considered CONTRACTOR’s fault and will be treated according to the provision of warranty clause.

18.2 Performance Guarantee 18.2.1 Contractor shall guarantee that the performance of the plant under the Contract shall

be strictly in conformity with the Technical Scope as enclosed in the ITB documents and shall perform the duties specified under the Contract.

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

Specifications’, Contractor shall investigate the causes and provide free of cost to Owner design, Engineering, materials, and service and Equipment within a reasonable period to prove guarantees. The Contractor’s liability for reviewing the defect as well as making good any shortcoming shall be limited to total contract value.

18.2.3 If the supplier / Contractor fails to prove the guarantee within the period stipulated in

the contract, the owner shall have the option to take over the equipment and rectify the same, if possible to fulfill the guarantees and / or to make necessary additions to make up the deficiency at supplier’s / contractor risk and cost. All expenditure incurred by the Owner in this regard shall be on Supplier’s / Contractors account.

19.0 ASSIGNMENT The Contractor shall not assign in whole or in part, its obligations to perform under this

Contract, except with the Owner’s prior written consent. 20.0 SUB-CONTRACT AND PURCHASE ORDERS. 20.1 General

All vendors, suppliers, Consultants and Sub-Contractors providing equipment, materials construction equipment, or services to Contractor under a Sub-contract, purchase order or similar purchase form or arrangement with Contractor for the performance of the Work under this Contract are herein referred as “Sub-contractor and any such Sub-contracts , purchase orders and similar purchase forms and arrangement entered into by or on behalf of Contractor with Sub-contractors / Vendors are herein referred to as “sub-Contracts “ provided that none of Owner’s Contractors or Sub-contracts shall be deemed to be a Sub-contractors under of the Contractor. The Contractor shall be obligated to select Sub-contractors it retains in connection with the performance by


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Contractor of the Work from a Sub-contractors list which would be finalized and approved by Owner in the Final Proposal Owner and Contractor may be mutual agreement add to or delete from such list from time to time and approve any successor or replacement of any person listed on such list or any other vendor, supplier, material-man, consultants or sub-Contractor.

20.2 Approval of Major Sub-Contractor / Vendor 20.2.1 Party shall provide the vendor list for procurement of Equipment and the list of Sub-

contractor for NFL’s approval. Any changes to such list of Vendor / Sub-contractor shall require the prior approval of Owner. Contractor shall provide name, address fax / telex number and the name of contact person of major Vendor / Sub-contractor for use in future, to Owner.

20.2.2 The review, approval and consent by Owner as to the agreed Sub-Contractor’s / Vendor

List or as to Contractor’s entering into any Sub-Contract / Purchase Order shall not relieve Contractor of any of its duties, liabilities or obligations under this Contract and Contractor shall be liable hereunder to the same extent as if any such Subcontract had not been entered into.

20.2.3

a) Contractor shall provide to Owner such information concerning the Subcontractors as Owner may from time to time reasonably request and shall ensure that each Subcontract contains provisions in all material respect not less stringent than the provisions of the Contract and shall include terms and provisions required to be included pursuant to the contract. In the event of termination of the Contract under Section 25 herein, Contractor shall forthwith deliver to Owner a copy of each Subcontract.

b) Contractor shall supervise and direct the work of al Sub-contractors as Owner

may from time to time reasonably request and shall ensure that each Subcontract contains provisions in al material respects not less stringent than the provisions of the Contract and shall include terms and provisions required to be included pursuant to the Contract. In the event of termination of the Contract under Section 25herein, Contractor shall forthwith deliver of Owner a copy of each Sub-contractor.

c) If Contractor fails to correct, or commence to correct and prosecute the

correction with due diligence of deficient or defective work performed by any Sub-Contractor / Vendor within seven days, after receipt by Contractor of a


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notice from Owner with respect thereto, Owner may (but shall not be obligated to), after seven days following receipt by Contractor of an additional notice, and without prejudice to any other right or remedy take all reasonable steps to remedy such defective or deficient work at risk and cost of Contractor.

d) Contractor shall require all Sub-contractors / Vendors to perform the Sub-

contracts in accordance with the relevant requirements of the Contract including Final Proposal, all Applicable Laws and Applicable Permits, Prudent Utility, Practice, Good Engineering Practices, the requirements of the ITB, and all Warranties of Sub-contractors / Vendors and Manufacturers and all insurance policies relating to the Plant or the Work.

e) Contractor shall be solely responsible for paying each Sub-contractor / Vendor

and any other agencies working for Contractor.

20.4 Sub-Contract shall incorporate technical conditions and inspection requirements stipulated on Contact and any amendments and changes thereto.

20.5 Copies of Subcontract shall also be forwarded to Owner / Inspector. 20.6 If Sub-Contractor should appear unfit to carry out his part of the Contract work or the

progress of Sub-contractor’s work is such that the planned time of completion within the terms of Contract is jeopardized, Owner has the right to instruct Contractor, in writing, to terminate the Sub-contract at a short notice.

20.7 Sub-contract must comply with the provisions with respect to eligible Goods and

services indicated in the bidding documents. 21.0 JOINT AND SERVERAL RESPONSIBILITIES. When the supply is a part of group including parts supplied by others, Owner shall hold

Contractor and responsible for the perfect operation of the group. 22. DELAYS IN THE CONTRACTOR’S PERFORMANCE 22.1 Completion of the Plant and performance of services shall be made by the Contractor is

accordance with the time schedule specified by the Owner in the Contract.


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22.2 An unexcused delay by the Contractor in the performance of its completion obligations shall render the Contractor liable to any or all of the following sanctions: Forfeiture of its performance security, imposition of price reduction and / or termination of the Contract for default.

23.3 Extension in Completion terms of Contract, if any, shall be at the sole discretion of the

Owner. 23.0 DAMAGES/ PRICE REDUCTION CLAUSE 23.1 If for reasons not attributable to the Owner or due to conditions constituting Force

Majeure as defined in this Contract, the Work is not completed in accordance with the provisions hereof, within and in accordance with the Time Schedule / time for Completion as indicated in the terms and conditions of the contract, it is agreed that the Owner shall be entitled to recover and / or the Contractor shall pay to the Owner, without prejudice to any other right are remedy available to the Owner, the following amount as mutually agreed compensation;

23.1.1 A sum equivalent to 0.5% of the total Contract value for every complete week or part

thereof, for delay in completion time for VAMas defined in technical ITB subject to a maximum 5% of total contract value.

23.1.2 A sum equivalent to 0.1% of the Contract value for every complete week or part thereof,

for day in supply of Technical documents and Drawings, subject to a maximum of 0.5% of total contract price.

23.1.3 The obligation of Contractor under sub-clause 23.1.1and 23.1.2 are independent of each

other and accordingly the maximum limit of price reduction set out under each of sub-clause 23.1.1 and 23.1.2 are separately provided.

23.1.4 GST will be applicable on the liquidity damages/ penalty recovered by M/s. NFL. 23.2 In the event that the consumption figures exceed the figures guaranteed by the

Contractor, it is agreed that the Owner shall be entitled to recover and /or the Contractor shall pay to the Owner, without prejudice to any other right or remedy available to the owner, the following amount as mutually agreed compensation.

23.2.1 COOLED AIR TEMPERATURE For every 2% increase in the cooled air temperature guaranteed by the vendor,

liquidated damages at 1% of the total contract value shall be payable by the vendor


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subject to the maximum of 5% of total contract value. If the increase in cooled air temperature by more than10% of the guaranteed figure, is not acceptable & the Bidder shall rectify the plant as required at no cost to the NFL.

23.2.2 LP STEAM CONSUMPTION(Applicable to VAM for GTG only). For every 01 Tons/ hr part there of increase in L.P. Steam consumption in the VAM unit

than the guaranteed figure as mentioned in the contract, there will be penalty @ 0.5% of the total contract value subject to maximum 2.5% of total contract value, under this head. If the LP steam consumption is more than 05 Te / hr over the guaranteed figure, the vendor shall rectify the plant as required at no cost to the NFL.

23.2.3 PRESSURE DROP ACROSS EACH FILTER HOUSE & SILENCER IN CLEAN CONDITION For every 2% increase or part thereof in respect of air pressure drop , liquidated

damages 1% of the total contract value shall be payable by the vendor subject to maximum of 3% of total contract value. If the increase in pressure drop is more than 6% of the guaranteed pressure drop the vendor shall rectify the defects at no cost to the NFL.

Above damages will be calculated separately for the following:

a) Pressure drop across the filter house excluding silencer shall not exceed 30mm

WC.

b) Pressure drop across the silencer inlet and outlet shall not exceed 20mm

WC.(Applicable for GTG VAM only).

23.2.4 CONSUMPTION OF COOLING WATER For every 1% increase of cooling water over guaranteed figure, liquidated damages at @

0.1% of the total contract value shall be payable by the vendor subject to maximum of 0.5% of total contract value. If the cooling water consumption is more than 5% of the guaranteed figure, the vendor shall rectify the defects at no cost of NFL.

23.2.5 CONSUMPTION OF POWER For every 1% increase of power consumption over guaranteed figure, damages @ 0.1%

of the total contract value shall be payable by the vendor subject to maximum of 0.5% of total contract value. If the power consumption is more than 5% of the guaranteed figure, the vendor shall rectify the defects at no cost to NFL.

23.3 The amounts, as set in clause 23.1 & 23.2 is agreed upon and fixed by the parties due to

difficulties in ascertaining , on the date hereof, the exact amount will be actually


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incurred by the Owner in such event, and parties hereby agreed that amount specified herein are a genuine pre-estimate made by the parties of the loss and damage which the Owner would have suffered and as by way of mutually determined reasonable compensation payable to the Owner and without the Owner required to establish and prove the actual loss / damaged suffered by the Owner, not in the nature of penalty and shall be applicable regardless of the amount of such deduction in value actually sustained by the Owner.

23.4 The parties agree and acknowledge that the amount set of in clause 23.1 & 23.2 above

may be recovered by the Owner from the amount to be paid to the Contractor and the Contract Value shall stand reduced by such amount.

23.5 Contractors maximum aggregate liability under the Article 23.2 shall be limited to 10%

of the total contract value as defined in the contract for not meeting the Performance Guarantee. This is over and above the liability under the article 23.1. However, in the following event Contractor is to “Make Good” the system / plant in addition to the above liabilities or the supplies would stand rejected and Owner will be free to obtain replacement at the risk and cost Contractor with maximum liability up to contract value. The decision in this regard shall be at the sole discretion of owner.

i. The cooled air temperature is more than 16.5 Deg. C

ii a) Pressure drop across the filter house excluding silencer is more than 31.8 mm

WC

b) Pressure drop across the silencer inlet and outlet is more than 21.2 mm WC. (Applicable for GTG VAM only).

iii) The LP steam consumption is more than 5 Te/Hr over the guaranteed

figure(Applicable to VAM for GTG only). iv) Cooling water consumption is more than 5% over the guarantee figure. 24.0 REJECTIONS, REMOVAL OF REJECTED EQUIPMENT AND REPLACEMENT 24.1 Preliminary inspection at Contractor’s manufacturer’s works by Inspector shall not

prejudice Owner’s claim for rejection of the item of GOODS on final inspection at SITE or claims under warranty provisions of Article – 16

24.2 If GOODs supplied are not to its specification or fail to perform specified duties or otherwise are not satisfactory ,all as set out in Technical Specifications, Owner shall be entitled to reject Goods or part thereof and ask for free replacement within reasonable


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time failing which Owner shall obtain his requirement from any other source at Contractor’s cost and risk.

24.3 In the event of such rejection, Owner shall be entitled to use the Goods in a reasonable

and proper manner for the time reasonably sufficient to enable him to obtain replacement

24.4 Nothing in this Article shall be deemed to deprive Owner and / or effect any rights under

Contract of Owner which he may otherwise have in respect of such defects or deficiencies or in any way relieve Contractor from his obligations under this Contract.

24.5 Goods rejected by Owner shall be removed by Contractor at his cost within 15 days of

notice after repaying the amount received against the supply. 24.6 In case of rejected of Goods , Owner shall have the right to recover the amount paid, if

any form any of Contractor’s invoice pending with Owner under this Contract or by alternative method.

25.0 TERMINATION OF CONTRACT. 25.1 Termination for Default. 25.1.1 The Owner may without prejudice to any other remedy for breach of Contract terms &

conditions, by written notice of default send to the Contractor, terminate /cancel the Contract in whole or in part:

a) If the Contractor fails to complete any or all of the jobs within the time period(s)

specified in the contract, or b) If the Contractor fails to perform any other obligation(s) under the Contract.

c) If the Contractor, in either of the above circumstances does not rectify his failure

within a period of 30 days ( or such longer period as the Owner may authorize in writing) after receipt of the default notice from the Owner.

25.1.2 In the event the Owner terminates the Contract in whole or in part, pursuant to clause

25.1,The Owner may procure, upon such terms and in such manner as it deems appropriate Goods similar to those undelivered and the Contractor shall be liable to the Owner for any excess costs for such similar Goods. However, the Contractor shall continue performance of the Contract to the extent not terminated.


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25.1.3 In the event of termination of contract, Security Deposit-cum PBG shall be forfeited. 25.2 Termination for Insolvency The Owner may at any time terminate the Contract by giving written notice to the

Contractor, without compensation to the contractor, if the Contractor becomes bankrupt or otherwise insolvent , provided that such termination will not prejudice or affect any right of action or remedy which has occurred or will occur thereafter to the Owner

25.3 Termination of Convenience 25.3.1 The Owner may, by written notice send to the Contractor, terminate the Contract, in

whole or in part, at any time for his convenience. The notice of termination shall specify that termination is for the Owner’s convenience, the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective.

25.3.2 The jobs that are complete and ready for handover within 30 days after the Contractor’s

receipt of notice of termination shall be accepted by Owner at the Contract terms and Prices. For the remaining jobs, the Owner may opt:

- To have any portion completed and delivered at the Contract terms and Prices, and

or

- To cancel the remainder and pay to the Contractor an agreed amount for partially completed Goods, material, services and parts previously procured by the Contractor, in that event such Goods, shall be the property of the Owner.

26.0 FORCE MAJEURE

26.1 The terms and conditions agreed upon under the contract shall be subject to Force

Majeure. Neither the contractor nor NFL shall be considered in default in the

performance of their obligation contained therein, if such performance is prevented or

delayed or restricted or interfered with by reason of War, Hostilities, Revolutions,

Civil Commotion, Strike, Epidemics, Accidents, Fire Flood, Earthquake,

regulation or ordinance or requirement of any Government or any sub-division

thereof, or authority or representative of any such Govt. and / or due to technical

snag/reasons or any other Act Whatsoever, whether similar or dissimilar to those

enumerated beyond the reasonable control of the parties hereto or because of any act

of GOD. The party so affected, upon giving prompt notice to the other party shall be


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excused from such performance to the extent of such prevention, delay, restriction or

interference for the period it persists provided that the party so affected shall use its

best efforts to avoid or remove such causes of non-performance if possible and shall

continue performance hereunder with the utmost dispatch whenever such causes are

removed. Should one or both parties be prevented from fulfilling their contractual

obligations by a state of Force Majeure lasting continuously for a period of one week,

the two parties to the contract shall meet and decide about the future course of action

for implementation of the contract.

26.2 Should one or both the parties be prevented from fulfilling the CONTRACTUAL

obligations by a state of force majeure lasting continuously for a period of six (6) weeks

the two parties shall consult each other regarding the future execution of the

CONTRACT/PURCHASE ORDER.

The mere shortage of labour, materials or utilities shall not constitute force majeure

unless caused by circumstances which are themselves force majeure, if due to force

majeure delay caused exceeds more than three(3) months, OWNER shall have the right to

cancel the CONTRACT/PURCHASE ORDER at no charge to OWNER in

CONTRACTOR/SUPPLIER’s favour and OWNER shall be entitled to the

reimbursement of any amount already paid to CONTRACTOR/SUPPLIER.

26.3 CONTRACTOR/SUPPLIER shall endeavour to prevent, overcome or remove the cause

of force majeure

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

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

evidence.

27.0 RESOLUTION OF DISPUTES/ARBITRATION

27.1 The OWNER and the CONTRACTOR/SUPPLIER shall make every effort to resolve

amicably by direct informal negotiations any disagreement or dispute arising between

them under or in connection with the CONTRACT/PURCHASE ORDER.

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

OWNER and the CONTRACTOR/SUPPLIER have been unable to resolve amicably a

CONTRACT/PURCHASE ORDER dispute, either party may require that the dispute, be

referred for resolution to the formal mechanisms as specified hereunder.


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27.3 LEGAL CONSTRUCTION AND JURIDICTION OF COURT

Subject to provision of article 27.4, the CONTRACT/PURCHASE ORDER shall be, in

all respects, construed and operated as an Indian CONTRACT/PURCHASE ORDER and

in accordance with Indian laws as in force for the time being and is subject to the

jurisdiction of the Delhi Court only.

27.4 ARBITRATION

“Except where otherwise provide in the contract all matters questions , dispute’s 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 matter relating

to the contract or breach thereof, or the respective rights or liabilities of the parties,

whether during or after completion of works or whether before or after termination shall

after written notice y either party to the contract be referred to Designated Unit Head /ED

/Functional Director / Chairman & Managing Director, National Fertilizer Limited for

appointment of Arbitrator (Appropriate Designated Authority may be inserted as per

contract value)

The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act,

1996, The Arbitration & Conciliation (Amendment Act 2015) or any further statutory

modifications are re-enactment thereof and the rules made thereunder.

If the arbitrator to whom matter is referred, vacates his/her office by any reason

whatsoever then the next arbitrator so appointed by the authority referred above may start

the proceedings from where his predecessor left or at any such stage he may deem fit.”

Arbitration for foreign Vendors / Parties

Arbitration provision in accordance with the rules of International Chamber of

Commerce (ICC) will be applicable, which may be as under :

“ All disputes arising out of or in connection with the present contract shall be finally

settled under the Rules of Arbitration of the International Chamber of Commerce, India

by one or more arbitrators appointed in accordance with the said Rules.”


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28.0 GOVERNING LANGUAGE. 28.1 The Contract shall be written in English language as specified by the Owner in the

instructions to bidders. All literature, correspondence and other documents pertaining to the Contract, which are exchanged by the parties, shall be written in English language. Printed literature in any other language shall only be considered, if it is accompanied by English translation. For purpose of interpretation, English translation shall govern and biding on all parties.

29.0 NOTICES 29.1 Any notice given by one party to the other, pursuant to this Contract shall be sent in

writing or fax / email and conformed by post copy in writing to the address specified for that purpose in the special conditions of contact.

29.2 A notice shall be effective when delivered or on the Effective Date, notified in such

notice, whichever is later. 30.0 TAXES AND DUTIES. 30.1 The Bidder must ensure that the following taxes, duties, are included in Contract Price

and the rates has been indicated in their offer as per Article No. 34 of Instruction to Bidders:

Sr.No. Taxes/Duties Percentage Considered

1 Custom Duty

2 GST

3 Others taxes and duties, if any

(GST is to be paid by the owner against submission of GST invoices.) 30.2 The Contractor confirms that it has included GST and allother taxes, duties, levies, etc. as

applicable at prevailing rates, in its Contract Price. In case, Contractor has not included any such taxes, duties ,levies, etc., at all and / or at prevailing rates and Contractor has to pay such taxes, duties, levies, etc. Owner shall not be liable for payment of such liabilities and / or Owner shall not reimburse such taxes, duties, levies, etc. to Contractor.

30.3 Any statutory variation in percentage of taxes, duties as shown under Article – 30.1

shallbe reimbursed by Owner to Contractor or vice-versa on submission of documentary


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evidence. Foreign exchange variation to indigenous vendors shall not be allowed for imported components. No variation in statutory levies shown under article 30.1 including the custom duty shall be allowed on imports for indigenous vendors. However, in case of delay in Acceptances of Plant due to reasons attributable to Contractor , any increase in percentage of taxes / duties over and above those specified under Article – 30.1 during the delayed period shall be to Contractor’s account and shall not be reimbursed by Owner , however, any decrease in taxes and duties during the delayed period shall be passed on to the Owner.

30.4 The Payment of all taxes is the responsibility of Bidder Owner , however, shall provide

all assistance to Bidder in connection with the same. Any amount which Owner may be required by law to deduct at source towards income tax shall be deducted by owner out of the amount payable to Bidder and the balance amount shall be paid by Owner to Bidder. For the purpose, Owner shall obtain the necessary certificate as per prevalent provisions of the Income Tax Act on the basis of such information and documentation as supplied by Bidder. Owner shall, however, provide Bidder the certificate and challans evidencing the payment of such deducted amount. Owner shall assist and cooperate with Bidder for obtaining Indian personal tax exception for the personnel deputed to India for and in connection with this Contract.

Any other taxes / duties in relation to this contract which the Owner is required to deposit as per the applicable law shall be paid by Owner and recover from the Contractor from any subsequent payment due to the Contractor. Bidder is responsible for obtaining Customs clearance permit for temporary importation on re-export basis of Bidder’s erection equipments, tools and tackles etc. if any duties, taxes and expenses payable on this will be to Bidder’s account. As to imported Goods, Contractor shall be responsible for obtaining all clearances etc required for export of equipment from country of origin. As of the date, import license is not required for the project. However, Owner shall obtain an import license, if and whenever applicable to cover the compete scope of work defined earlier including spares etc. Under this Contract. Bidder shall furnish all necessary information, technical data etc. and assist and cooperate with Owner by preparing the application for import license. Bidder shall also, if necessary accompany and take part in discussions necessary with government authorities in this respect at Bidders’ own cost.


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30.5 INCOME TAX

a) Contract Price shall be inclusive of any and all Indian Income Tax payable in India. Owner shall deduct Indian Income Tax as per IT Act 1962, from the payments due to Contractor and issue tax deducted at source certificate to Contractor. It is the responsibility of the Contractor to file proper income tax return and pay taxes thereon if any, or claim refund thereof if any. The contractor shall give Owner all necessary documents relating to its income tax assessments and to keep the Owner informed about their assessments.

b) Personal income tax payable, if any, in respect of salary and perquisite of Contractor’s personnel in India shall be payable by the individual so deputed by Contractor or Contractor. It is the responsibility of the individual or Contractor to file proper income tax return and pay taxes thereon if any, or claim refund thereof if any. The Contractor shall give Owner all necessary documents relating to income tax assessments of its personnel and to keep the Owner informed about their assessments.

c) On the basis of original tax certificates to be furnished to Contractor by Owner as

referred in this Article. Contractor shall seek in its country Income tax rebate if applicable by utilizing the Indian Income Tax paid under this Contract and shall, when such benefit is finally obtained pass such rebate to Owner. Contractor shall use its best efforts short of litigation to obtain any such rates, which may be available under its Country Laws for Income Tax paid in India under this Contract.

d) Contractor shall make available every year for the period ending 31st December to

Owner certified statement from Contractor’s dependent auditors in their country indicating the amount of rebate claimed and / or obtained by Contractor as on 31st December in their country against Income Tax paid in India in connection with this Contract within 60 days.

e) Contractor shall submit to Owner an undertaking to refund any credit towards

Income Tax if it accrues to it at a future date in its country under the provisions of the Double Taxation Treaty, if any between the Govt. of India and the Govt. of Contractor’s country. Owner, on its part will extend all necessary documents to enable Contractor to obtain tax benefits / refunds in its country as well as in India. Contractor shall arrange submission of certified statements of all tax assessments every year until all tax assessments relating to Work under Contract are finalized in Contractor country or the resulting tax credits have been finally determined, whichever is later. Contractor shall also submit to Owner a certificate every year till the final exhaustion of such tax credits about the quantum thereof available to it.


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31.0 INSTRUCTION FOR INVOICING AND PAYMENT DOCUMENTATION 31.1 Invoicing

Invoicing shall be in compliance with the stipulations of the Contract and the following instructions. Contractor is liable as for all costs arising from non-compliance with the instructions. As far as possible, description of Goods/ Jobs done in invoice and dispatch documents shall match the description in Contract. The invoices shall be issued in the name of: NFL, INSTALLATION OF VAM The invoice shall contain the following information:

i) Contract No. ii) Item No. quantity and compete description iii) Item-wise net price (unit and total) of the Equipment /Services when applicable iv) Net amount payable by deducting advance payment already invoiced, if any, and

the guarantee retention amount, if any, from the total value of the Equipment / Services being invoiced.

v) Statement that the Equipment / Services are meant for national Fertilizers Ltd., Vijaipur, Installation of VAM Project.

Vi) Necessary certification by the Owner’s competent representative regarding completion / progress of the activity achieved.

vii) Statement that if there is any exemption applicable against certain specified duties and taxes along with supporting documentary evidence.

viii) Delivery challan No. /B/L/LR NO. The country of origin is stated in the separate certificate of origin wherever applicable. The duly signed invoices, original and copy shall be made on Contractor’s letterhead and shall be submitted along with the relevant documents mentioned above. Any other documents specified in terms of letter of credit or special conditions of letter of credit.

31.2 Payment Documentation The following documents shall be presented by Contractor to Owner’s bankers to draw payment(s) where such payment(s) is (are) stipulated in the Contract.


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31.2.1 Advance Payment (If applicable)

i) Invoice for agreed advance amount in original and two (2) copies ii) Written, unconditional acceptance of the Contract in one (1) original plus two

copies. iii) Bank guarantee in the prescribed proforma of the amount equal to the advance

payment + interest thereon valid upto Completion period + 90 days claim period issued or counterguaranteed / confirmed by any schedule Indian Bank ( except Cooperative and Gramin Bank). Or any branch of foreign bank of India. In case of Bank Guarantee issued by the foreign bank outside India, confirmation of the same by any nationalized bank of India is required.The Bank Guarantee should be submitted by Bankers directly to NFL in a sealed cover (Registered Post AD) and not through supplier.

The party shall also arrange confirmation of Bank Guarantee (including all amendments) by their issuing bank through SFMS mode directly to State Bank of India, N-3 Ist&IInd Floor, Commercial Branch , South Extn. Part I, New Delhi -110049 (ISFC Code – SBIN0000730 or SBININBB220).

iv) The Security Deposit Cum Performance Bank Guarantee shall be valid for the

duration of the completion period plus guarantee / warrantee period plus three months thereafter. The bank guarantee shall be issued by any of the Scheduled Bank (except Cooperative and Gramin Bank ) in India or any branch of Foreign Bank in India in case of Bank Guarantee issued by the Foreign Bank outside India, confirmation of the same by any nationalized Bank of India is required.The Bank Guarantee should be submitted by Bankers directly to NFL in a sealed cover (Registered Post AD) and not through supplier.

The party shall also arrange confirmation of Bank Guarantee (including all amendments) by their issuing bank through SFMS mode directly to State Bank of India, N-3 Ist&IInd Floor, Commercial Branch , South Extn. Part I, New Delhi -110049 (ISFC Code – SBIN0000730 or SBININBB220).

31.2.2 Progressive Payments

Progressive payment is to be released based on the billing schedule approved by the NFL, Contractor shall submit billing schedule within one month from the date of LOI/WO Progressive payment for the various activities mentioned under article No. 23.2 (B) in Instruction to Bidders shall be made on production of the followings documents.

1. Invoice for progress payment in original and two (2) copies duly certified by Owner


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2. Performance certificate in one (1) original plus two (2) copies from the beneficiary to the effect that progress achieved in equal to progress invoiced duly certified by Owner.

3. The document indicated in the letter of credit or in the special conditions of letter of credit, where payment is stipulated to be paid through letter of credit in the ITB (for foreign bidder).

32.0 SPECFICATIONS

Contractor agrees that all Equipment or materials furnished will be in strict accordance with the Specifications, provided however, that any apparent omission or error in the Specifications will be met by the contractor if such omission is necessary for the functioning of the Equipment or material to be supplied and that the Contractor, prior to proceeding with the work under Contract, will call to the attention of Owner any such omission or error or ambiguity in the Specifications requiring clarification and get written consent of the owner.

33.0 GENERAL 33.1 In the event that terms and conditions stipulated in the general conditions of Contract

should deviate from technical specifications stipulated in the contract, the latter shall prevail.

33.2 Losses due to non-compliance of instructions Losses or damage occurring to the Owner owing to Contractor’s failure to adhere to any

of the instructions oven by the Owner in connection with Contract execution shall be recoverable from the Contractor.

33.3 Recovery of sums due All costs, damages or expenses which the Owner may have paid for which under the

Contract, Contractor is liable, may be recovered by the Owner ( he is hereby irrevocably authorized to do so) from any money due to or becoming due to the Contractor under this Contract or other Contracts and / or may be recovered by action at law or otherwise. If the sums due to the Contractor be not sufficient to recover the recoverable amount, the Contractor shall pay to the Owner, on demand, the balance amount.

33.4 Payment etc. not to affect right of the Owner.


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No sum paid on account by the Owner nor any extension of the date for Completion granted by the Owner shall effect or prejudice the rights of the Owner against the Contractor or relieve the Contractor of his obligation for the due fulfillment of the Contract.

33.5 Cut off dates No claims by Contractor on this Contract shall be entertained by the Owner after three (3) months after expiry of the performance guarantee. For settlement of final payment, contractor shall submit unconditional No-claim certificate to the Owner for release of Final Payment.

33.6 Paragraph Heading The paragraph heading of various articles / clauses shall not affect the construction thereof.

33.7 Entire Agreement

All the terms and conditions of Contract shall supersede any understanding, promise and presentation, warranty or conditions which conflicts with terms of Contract. No waiver, alteration or modification of any provision hereto shall be binding on either party unless approved in writing by the parties to Contract.

33.8 Acceptance With the acceptance of Contract with all its terms and conditions,Contractor waives and

considers as void any and all of Contractor’s general sales conditions. 33.9 INDEMNIFICATION Contractor does hereby agree to indemnify and hold harmless the Owner from all

claims, losses demand clauses of action or suit arising out of the services, labour, equipment and materials furnished by Contractor hereunder.

34.0 GOVERNMENT CLEARANCES Contractor shall procure at its expenses, all necessary Applicable Permits, certificates

and licenses required by virtue of all applicable laws, regulations, ordinances and other rules in effect at the place where any or Work is to be performed, and Contractor shall further hold Owner harmless from liability or penalty which might be imposed by reason of any asserted or established violation of such laws, regulations, ordinances or other rules. Owner will provide the necessary assistance to Contractor for obtaining permits for Contractor’s personnel to undertake Work in India in connection with Contact.


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Contractor shall furnish necessary data / specifications / drawings etc. of Equipment

likely to be imported to Owner for obtaining import license /necessary Government Clearances, for the same . Contractor shall also furnish necessary technical information, data, drawing, etc as and when required to Owner for submission to Government Statutory Agencies. IBR Approval, Electrical Inspectorate and all other approvals shall be in Contractor’s scope.

35.0 PREFERENCE TO MAKE IN INDIA CLAUSE 1.0 Provisions of Public Procurement (Preference to make in India) order 2017 notified

vide order no. P-45021/2/2017 BE-II dated 15th June 2017 of Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (PIPP) shall be applicable.

1.1 Bidders seeking benefits under Purchase Preference to Make in India (linked with local

content) shall have to comply with the provisions specified under the Public Procurement (Preference to Make in India) order 2017. The salient features of which are as under:

a) Minimum local content:- The minimum local content shall ordinarily be 50%. b) Margin of Purchase Preference: - The margin of purchase preference shall be

20%. 1.2 In case of procurement for a value up to Rs. 10 crore, the local supplier at the time of

tender, bidding or solicitation shall be required to provide self certification that the

item offered meets the minimum local content of 50% and shall give details of the

location(s) at which the local value addition is made. In case of procurement for a

value in excess of Rs. 10 crore, the local supplier shall be required to provide a

certificate from Statutory Auditor or Cost Auditor of the Company (in the case of

Company) or from practicing Cost Account or practicing Chartered Accountant (in

respect of supplier’s other than Company) giving the percentage of local content.

1.3 A supplier who has been debarred by any procuring entity for violation of this Order

shall not be eligible for Purchase Preference under this Order for procurement by any

other procuring entity for the duration of the debarment.

A self certificate to the effect that the bidder has not been debarred by any procuring

entity from violation of this order should be enclosed along with techno-commercial

bid.

2.0 NFL reserves the right to relax the norms on prior experience & turnover for startups

(recognized by DIPP) in Public Procurement subject to their meeting of quality and

technical specifications.


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To avail such relaxation, party shall have to submit the relevant certificate issued by

concerned authority.


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ATTACHMENT-III

SPECIAL CONDITIONS OF CONTRACT

FOR

INSTALLATION OF VAM IN CPP & AMMONIA-II

PLANTS OF NATIONAL FERTILIZERS LTD,

VIJAIPUR


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1.0 DEFINITIONS:

Wherever used in the contract and unless inconsistent with or otherwise indicated by the context, the following terms shall have the meaning as defined hereunder:

1.1 “Commercial Use” shall mean that use of the Plant, which the contract contemplates or

of which it is commercially capable.

1.2 “Commissioning and guarantee runs” shall mean complete erection, commissioning,

testing and providing guarantees as per the contract within stipulated time and

guaranteed production and operating cost.

1.3 Date of completion and final acceptance” shall mean the date on which the plant has

been commissioned and the guarantees as set forth in the contract have been proved

by the contractor and a certificate to that effect is issued by the Owner.

1.4 “Indian Agent” shall mean that the person, firm or company nominated as such by the

contractor to represent the contractor for this contract in India.

1.5 “MECHANICAL COMPLETION’shallmeanwhen all VAM Units, its auxiliaries and new filter

houses for both CPP and Ammonia II plants are complete after mechanical erection and

pre-commissioning and are ready for acceptance of feed to be introduced to and can

continue to receive feed leading to production of cooled air

1.6 “Month” shall mean calendar month.

1.7 “Plant” shall mean the entire assembly of the equipment with specified battery limits

stated in the contract.

1.8 “Pre-commissioning” shall mean preparation of plant so that it is capable of operating

on a continuous basis for carrying out commissioning activities.

1.9 “Performance and Guarantee Test” shall mean all operational checks and tests required

to determined and demonstrate capacity, efficiency, and operating characteristics as

specified in the contract documents.

1.10 The term “Final Acceptance”/ “Taking Over” shall mean the Owner’s written

acceptance of the works performed under the contract, after successful completion of

performance and guarantee tests, as specified in the accompanying technical

specification or otherwise agreed in the contract.


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1.11 “Commercial Operation” shall mean the conditions of operation in which the complete

plant covered under the contract is officially declared by the Owner to be available for

continuous operation at different loads upto and including rated capacity. Such

declaration by the Owner however, shall not relieve or prejudice the contractor any of

his obligations under the contract.

1.12 “Defects Liability Period” shall mean the eighteen months period commencing from the

successful completion of erection and commissioning and during which the contractor

shall remain liable to repair or replacement of any defective part of the works

performed under contract. Words ‘guarantee period’ and ‘maintenance period’

wherever used shall also have the same meaning.

2.0 CONTRACTOR’S GENERAL RESPONSIBILITY

CONTRACTOR shall provide design and supply of all equipment, machineries,

instrumentation, electrical, accessories, auxiliaries, spares and other related items in

respect of the VAM Unit and its hook up with the existing system for smooth safe and

trouble free industrial operation of VAM Unit along with main CPP & Ammonia-II Plants.

2.1 CONTRACTOR shall provide services of sufficient number of engineers, designers,

draftsmen, buyers, inspectors, expediters and other persons required for the

performance of WORK pursuant to the CONTRACT.

2.2 CONTRACTOR shall in particular provide and be responsible for the tasks described

specifically in clause 3.0

2.3 In the event that there is any item of EQUIPMENT or WORK of the type provided for in

CONTRACT, which is not specifically mentioned in the specifications or drawings set out

in TECHNICAL SCOPE but which is necessary (even though not mentioned in CONTRACT)

for normal, safe, and continuous operation of VAM unit and its auxiliaries and filter

house, CONTRACTOR shall include such items of EQUIPMENT in the design and perform

such items of WORK also free of cost to OWNER as if the same had been originally

included in TECHNICAL SCOPE.

2.4 CONTRACTOR may make use of the services of SUB-CONTRACTOR(S) in accordance with

CONTRACT. The scope of work of the proposed SUB-CONTRACTORS shall be approved

by the OWNER. The obligations and responsibilities of the CONTRACTOR listed in or

referred to in this clause 3.0 and indicated in detail in clause 3.0 is without prejudice to

the generality of the foregoing the enumeration in clause 3.0 and CONTRACT shall not in


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any manner limit the general scope of obligations and responsibilities of designing,

engineering, procurement, construction, commissioning and proving the performance

guarantees of VAM Unit and its auxiliaries and filter house within the scope of

CONTRACT.

2.5 For all mechanical/electrical/instrumentation equipment CONTRACTOR must provide

the list of proposed vendors in the BID for NFL’s approval.

2.6 The third party inspection wherever applicable shall be got done from

M/s Lloyds /M/s B.V. / M/s TUV

3.0 SCOPE OF CONTRACT WORK

CONTRACTOR shall provide and be responsible for the task specified in this clause under the following headlines: 3.1 Design and Engineering

3.2 Review and Analysis

3.3 Codes and Standards

3.4 Drawings and Documents

3.5 Owner’s Review

3.6 Procurement of Equipment & Materials

3.7 Government Clearances

3.8 Network Schedule

3.9 Spares and Special Maintenance Tools

3.10 Construction Tools

3.11 Transportation and Storing of Equipment

3.12 Construction

3.13 Safety and Plant Security

3.14 Pre-Commissioning

3.15 Commissioning services

3.16 Performance Guarantee

3.17 Practical Experience for Owner’s Personnel (Optional)

3.18 Laws and Regulations

3.19 Progress Monitoring and Reporting

3.20 Technical Information

3.21 Work of Sub-Contractors

3.22 Co-ordination


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3.1 Design and Engineering

The design and engineering shall be so performed that VAM Unit, its auxiliaries & filter

house shall be capable of meeting the guarantees with respect to quality and quantity of

cooled air, consumption of raw materials and utilities, variable cost of Production, etc.

as guaranteed under CONTRACT and shall be reliable and safe and operable in

accordance with sound engineering practice. CONTRATOR shall ensure that the design

shall have designcapacity in all the sections of the PLANT in accordance with

CONTRACTOR’S experience and expertise for obtaining a full through put under varying

conditions within the limits specified in CONTRACT. CONTRACTOR shall review the basic

design conditions, including soil data, and other conditions furnished by OWNER, if

CONTRACTOR observes any inconsistency or insufficiency in these data, CONTRACTOR

shall bring to the notice of OWNER the same.

3.2 Review and Analysis

CONTRACTOR shall review, analyse and optimize the steam system and Power Network

for the VAM Unit and its auxiliaries. CONTRACTOR shall allow OWNER’S representative

to review the design and engineering and CONTRACTOR shall incorporate in its design

and engineering such additions and changes suggested by OWNER’S representative as

long as these do not conflict with the responsibility of CONTRACTOR in fulfilling its

guarantees under CONTRACT, CONTRACTOR shall not use any technical data, drawing or

document given by OWNER except for purpose of CONTRACT.

3.3 Codes and Standards:

The engineering shall be performed according to acceptable international standards, as

specified in the TECHNICAL SPECIFICATION AND TECHNICAL SCOPE, meeting safety and

other requirements of various national /international Codes and Regulations being in

force as on EFFECTIVE DATE. The design of VAM Unit, its auxiliaries and replacement of

filter house shall be based upon the criteria enumerated in CONTRACT.

3.4 Drawing and Documents:

CONTRACTOR shall prepare or secure and furnish to OWNER all data, specifications,

drawings, plans and other documents required for WORK including but not limited to

the following:


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a) Process and engineering flow diagram, line conditions list, heat and material balance

including steam, power and utilities.

b) Piping and instrumentation diagrams for process facilities and utility systems

c) Drawings of EUIPMENT (inclusive of shop fabrication drawings)

d) Specifications and data-sheets of EQUIPMENT

e) Characteristic curves of fans, blowers, pumps, etc. wherever applicable as normally

made available by VENDOR

f) Instrumentation and electrical drawings including equipment list and civil foundation

drawings.

g) Detailed specifications of Catalyst (if any) chemicals

h) General arrangement drawings (including plans and elevations and isometrics were

required)

i) Piping design along with piping specifications, piping isometrics and pipe support

drawings

j) Drawings, procedures, and special tools and tackles and devices for the erection of

EQUIPMENT

k) PURCHASE ORDER for all EQUIPMENT

l) Bill of material used for award of CONTRACTS for civil and structural works,

mechanical, electrical and instrumentation erection and other works.

m) Copies of certified drawings, including one reproducible for items of EQUIPMENT

purchased as standard items from VENDOR and copies of pertinent bulletins and

instruction manuals/operating manuals as spelt out in co-coordination procedure,

(which would be annexed to the CONTRACT).

n) Network Schedule for all activities of WORK indicating milestones including

VENDOR’S and sub-Contractor’s activities.

o) Six(6) hard copies and two soft copies (DVDs/ PDs); of the operating and

maintenance manuals for each VAM Unit, its auxiliaries and filter house. These

manuals shall be furnished at least two MONTHS prior to pre-commissioning.

p) Six(6) hard copies and two soft copies (DVDs/PDs) of the final specification books at

least one months before pre-commissioning and Six(6) hard copies and two soft

copies (DVDs/PDs) of the mechanical catalogues (along with EUIPMENT) as would be

defined in the Coordination procedure of the CONTRACT.

q) Six(6) hard copies and two soft copies (DVDs/PDs) of the spare parts Handbook with

complete details and diagrams for EQUIPMENT, parts requiring frequent

replacement shall be listed separately from the parts required for ensuring

reliability in unforeseen emergencies.


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r) During the progress of WORK, CONTRACTOR shall furnish to OWNER such copies of

drawings, specifications and manuals and specified in the Contract.

s) Upon completion of WORK, CONTRACTOR shall furnish one complete set of mylar or

linen or any other reproducible sets of CONTRACTOR’S including Sub-Contractor

final revised drawings for each VAM Unit, its auxiliaries and filter house as referred

to above under paragraphs (a), (b), (c ), (d), (e), (f), (g), (h),(i),(j),(k),(l) and (m).

t) All final drawings and documents should be furnished as soft copies (DVDs/ PDs)

also.

3.5 Owner’s Review

CONTRACTOR shall associate OWNER’S representatives with WORK as carried out by

CONTRACTOR’S and Sub-Contractor’s personnel OWNER’S representatives shall review

for acceptance, or sign written approval of all documents specified in the CONTRACT.

Approval or acceptance given by NFL shall not relieve CONTRACTORS of its obligations

under ITB.

3.6 Procurement of EQUIPMENT and Materials

CONTRACTOR shall carry out procurement of EQUIPMENT required for each VAM Unit,

its auxiliaries and filter house replacement. EQUIPMENT procured shall be according to

CONTRACTOR’S specifications, of the best acceptable quality, proven record of

performance and with suitable delivery time to meet MECHANICALCOMPLETION as

guaranteed by the CONTRACTOR.

CONTRACTOR shall furnish a copy of PURCHASE ORDER for all items of selected

EQUIPMENT together with spares and special maintenance tools covering accurately

all terms and conditions such as specifications requirements for quality, inspection, and

test, warranties and guarantees, erection and commissioning assistance by VENDOR,

delivery schedule, packing, transportation and insurance, and documentation.

Selection of vendor shall be the sole responsibility of the Contractor and the vendor

selected shall be from the VENDOR LIST for the VAM Units, its auxiliaries and

replacement of filter house which will be prepared and submitted by the CONTRACTOR

in the bid and approved by OWNER.

CONTRACTOR shall arrange & furnish /provide to OWNER:


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a) Lubrication schedule from VENDOR

b) Mechanical specifications and equipment data sheets for approval by OWNER before

manufacturing is started.

c) Shop fabrication drawings as made available by VENDOR

d) Characteristic curves for pumps and motors, etc. as made available by VENDOR

e) Certified drawings including civil scope drawing and loading data, pertinent bulletin,

installation, operation and maintenance manuals and test certificates as received from

VENDOR.

f) Supply of final revised CONTRACTOR’S drawings including one reproducible and soft

copies upon completion of WORK.

CONTRACTOR shall arrange, services of VENDOR’S specialist for installation and commissioning of equipment wherever necessary. CONTRACTOR shall be responsible for the accuracy and completeness of PURCHASE ORDERS. Any approval by OWNER’S representative shall not relieve CONTRACTOR of such responsibility. CONTRACTOR shall establish an inspection and expediting system and use its services for obtaining the EQUIPMENT which conforms to the required technical and quality specifications and delivery according to PURCHASE ORDERS. Copies of expediting and inspection reports, of CONTRACTOR regularly shall be sent to OWNER. For critical items, CONTRACTOR shall provide services for arranging third party inspection and quality certification to be carried out at CONTRACTOR’S cost , CONTRACTOR to indicate the list of critical items. The CONTRACTOR shall detail out the actions to be effected to achieve the targeted dates and the same shall be discussed and reviewed with OWNER, periodically using the updated network based on these reviews, project schedule shall be periodically revised and updated to reflect the latest information.

3.7 GOVERNMENT CLEARANCES:

CONTRACTOR shall procure at its expenses, all necessary APPLICABLE PERMITS

certificates and licenses required by virtue of all applicable laws, regulations, ordinances

and other rules in effect at the place where any of WORK is to be performed, and

CONTRACTOR shall further hold OWNER harmless from liability or penalty which might

be imposed by reason of any asserted or established violation of such laws, regulations,

ordinances or other rules. OWNER will provide the necessary assistance to

CONTRACTOR for obtaining permits for contractor’s personnel to under WORK in India

in connection with CONTRACT.


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CONTRACTOR shall also furnish necessary technical information, data, drawing, etc. as

and when required to OWNER for submission to Government Agencies.

IBR Approval, Electrical Inspectorate and all other approvals shall be in CONTRACTOR’S

Scope.

3.8 Network Schedule:

a) OWNER would be using a Computerized Time and Cost Monitoring System and CONTRACTOR shall provide the necessary input data for the same as per system requirement. Project network shall be updated every MONTH to reflect current status.

b) CONTRACTOR shall develop master schedule at least constituting the following: i) The completion of process engineering and basic engineering of the Project from the

EFFECTIVE DATE OF CONTRACT (LOI) ii) The completion of detailed engineering of the project from EFFECTIVE DATE (LOI) iii) Starting and completion of foundation work from EFFECTIVE DATE (LOI). iv) Starting and completion of Civil Construction form EFFECTIVE DATE (LOI). v) Delivery of all equipment and the bulk materials from EFFECTIVE DATE (LOI). vi) Mechanical completion from EFFECTIVE DATE (LOI). vii) Start and completion of Hooking – up from EFFECTIVE DATE (LOI). viii) Start and completion of Pre-Commissioning activities from EFFECTIVE DATE (LOI). ix) Start and completion of Commissioning from EFFECTIVE DATE (LOI). c) It may clearly be noted that a period of only 10 days of normal turn around period shall

be available for hooking up of VAM unit with the existing Ammonia-I plant. However where practical the work may be spread over more than one shut down.

3.9 Spares and Special maintenance Tools. a) CONTRACTOR shall furnish the information in consultation with VENDOR and based on

experience from other plants, a list of spares and special maintenance tools and fixture


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for EQUIPMENT, sufficient for commissioning and for 2 years of normal operation and maintenance of each VAM unit, it’s auxiliaries & new filter houses. The itemized list of spares with quantity must be attached with the BID. The list is to be submitted separately for Commissioning spares and 2 years normal operation & maintenance of each VAM unit, it’s auxiliaries & new filter houses. The spares recommended shall be optimum, so as not to fall short during commissioning and two years’ operation thereafter, CONTRACTOR shall obtain for these spares the appropriate guarantees and warranties. CONTRACTOR shall also ensure that spares and special maintenance tools and fixtures are procured along with the related items of EQUIPMENT and form part of the PUCHASE ORDERS for the related items of EQUIPMENT.

b) OWNER may consider purchasing only one set of high value spares such as but not

limited to critical machine parts, etc. Owner shall review the list of critical spares.

3.10 Construction Tools :

CONTRACTOR shall procure and provide special construction aids, tools, tackles, and

fixture, required for construction and during normal operation and maintenance of the

plants. However, the moving machineries with NFL like cranes, trailer & tractor -trolley

for loading /unloading/shifting and erection of equipments within NFL premises shall be

provided by NFL free of cost subject to availability of said machineries. In case of some

additional requirement party may arrange said machineryat their own cost. The party

may check the suitability for the same at site before bidding.

3.10.1 TERMS AND CONDITIONS FOR THE USING OF NFL MOBILE CRANES AND HEAVY EARTH

MOVING EQUIPMENTS:

i) On requirement of said machineries as stated above, the requisition shall be

submitted by the contractor in the prescribed format, signed by the authorized

representative of the contractor and countersigned by the concerned officer of NFL,

well in advance.

ii) The security/safety of the NFL machineries will be responsibility of the contractor for

the period in which machine is deployed for contractor’s work.

iii) The logbook shall be signed by the Operator and the authorized representative of

the contractor immediately after the work is over. It shall also be countersigned by

the requisitioning officer of NFL or his representative.


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iv) In case there is a breakdown of the machine while it is with the contractor for their

job, The breakdown will be reported to the NFL Engineer immediately.

v) The machine can be withdrawn by NFL from the contractor for repair maintenance

and for any other reasons at the discretion of NFL.

vi) The contractor will not attempt overloading beyond the capacity of the machine.

vii) The machine will be operated only by the operators, assigned for this purpose by

NFL.

viii) In case of any accident on the machine the same will be reported to the NFL

Engineer immediately.

ix) The equipments are made available to the contractor with the clear understanding

that in case of any loss due to the failure of NFL equipment, while it is working with

the contractor, NFL shall not be responsible for the same and all losses and claims

shall have to be borne by the contractor himself.

x) The equipment shall be made available to the contractor subject to their availability.

xi) Extension /shortening of the crane boom-length, if required by the contractor for

facilitating execution for his job, shall be Contractor’s responsibility. However

assistance will be provided by NFL.

3.11 Transportation and Storing of Equipment

CONTRACTOR shall be responsible for proper packing, transportation from

manufacturer’s workshop to port or railway station (whether by road, rail, ship or

aircraft), handling and clearances at port or railway station including loading and

unloading, customs clearance, carriage to site, unloading at site warehousing, coding

and tagging storage including proper preservation at site of EQUIPMENT. Any special

clearance, lifting , handling, loading/unloading and transport arrangements for over

dimensional consignments shall also be done by CONTRACTOR, CONTRACTOR shall

ensure timely delivery of EQUIPMENT, CONTRACTOR shall endeavor to have the

consignments in the upper part of the hold to enable early discharge at the Port of

dismemberment. The above arrangement shall be in accordance with the guidelines set

forth in the Co-ordination Procedure. CONTRACTOS shall be responsible for inspection

of equipment on receipt at SITE and for maintenance and management of stores and

warehousing of EQUIPMENT at SITE including all activities connected with the issue of

EQUIPMENT, accounting and final reconciliation and handing over of STORES to OWNER.


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3.12 Construction

CONTRACTOR shall be responsible for all insulating and painting works, erection, site

fabrication, piping, civil work, buildings and structural work, instrumentation

installation, electrical installation, and other miscellaneous construction jobs of each

VAM Unit, its auxiliaries and new filter houses leading to Commissioning COMPLETION.

CONTRACTOR shall organize these activities, in appropriate sequence and use proper

methods giving due regard to the requirements of safety, quality, sound engineering

practice, compliance with relevant Codes and Regulations, and for achieving

Commissioning COMPLETION within the period guaranteed.

3.13 Safety and Plant Security

CONTRACTOR shall observe and also use its best efforts to ensure that all parts of WORK

carried out at site is being done in a safe and satisfactory manner conforming to the

applicable safety rules and regulations. Further, CONTRACTOR shall observe and further

make provisions in contracts that employees working in each VAM Unit, its auxiliaries

and new filter houses observe all the safety rules as required under the Factories Act

and Regulations and other Local Laws and CONTRACTORS to provide safety apparel and

equipment to their employees. OWNER shall have the right to object to any unsafe

practice followed by CONTRACTOR’S, Sub-Contractor’s employees or any

CONTRACTOR’S personnel and direct them to carry out the job in a manner considered

safe by OWNER. CONTRACTOR shall further abide by all the Security Regulations

imposed by OWNER.

CONTRACTOR shall observe all safety rules so that no harm is done to OWNER’S

employees or property. If on account of CONTRACTOR, OWNER’S property or personnel

are likely to suffer any damage, in such cases any directions issued by OWNER shall be

carried out by CONTRACTOR.

3.14 Pre-Commissioning Services

CONTRACTOR shall render and be responsible for supervision and direction of pre-

commissioning activities leading to Commissioning COMPLETION. These activities will

include relevant checking, adjustment, testing, calibration, running in and trial runs of

individual in terms of EQUIPMENT, and other similar jobs. OWNER shall provide

experienced/ trained and suitable operating and maintenance personnel who will

perform their tasks under the supervision and direction of CONTRACTOR. CONTRACTOR


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shall provide experienced personnel as required for carrying out the pre-commissioning

activities along with OWNER’S personnel. CONTRACTOR shall arrange for VENDOR’S

specialists wherever required. Suitable provision for such services shall be made by

CONTRACTOR at the time of placing the PURCHASE ORDER.

3.15 Commissioning Services

CONTRACTOR shall and be responsible for commissioning activities after pre-

commissioning activities after pre-commissioning activities have been completed giving

due regard to safety of EQUIPMENT according to sound international practice. OWNER

shall provide experienced trained operating and maintenance personnel who shall work

under the supervision of CONTRACTOR. The commissioning activities shall include the

following:

a) Lining up of VAM Unit with chilling coil located in the new filter houses for CPP and

Ammonia-II Plants.

b) Stabilizing each VAM Unit and its auxiliaries and gradual reduction of cooled air

temperature less than guaranteed value.

c) Conducting guarantee tests on each VAM unit and its auxiliaries withnew filter houses

for CPP and Ammonia-II Plantsto prove the performance guarantees.

d) CONTRACTOR shall provide supervisory engineers as required to supervise and direct

the commissioning of each VAM Unit, its auxiliaries and new filter houses.

CONTRACTOR shall be responsible for supervision and direction of each VAM unit, its

auxiliaries and new filter houses operation until the performance guarantees have been

fulfilled and or each VAM Unit, its auxiliaries and new filter houses have been finally

accepted and taken over by OWNER. During the guarantee tests, the range of operating

conditions shall be within the limits of the design conditions and shall meet the

requirements of safety and compliance with relevant Codes and Regulations.

3.16 Performance Guarantees

CONTRACTOR shall, when each VAM Unit, its auxiliaries and new filter houses are

stabilized at full rated production, arrange and supervise the tests to prove the

performance guarantees specified in Technical Scope IN PEAK SUMMER.


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3.17 Practical experience for OWNER’S Personnel

CONTRACTOR shall make arrangements, for training of NFL Engineers to be trained on

plant operation at Owners site and operators at site free of cost. Detailed programme

for practical experience shall be mutually agreed between OWNER and CONTRACTOR.

3.18 Laws and Regulations

CONTRACTOR shall abide, while fulfilling its obligations, by all applicable codes, laws,

and regulations from time to time in force in the State of Madhya Pradesh and in India.

Proposal would be based on the codes, laws and regulations applicable on effective

date. In the event of change in any codes, laws or regulation applicable to each VAM

Unit, its auxiliaries and new filter houses after submission of PROPOSAL which alters the

scope of CONTRACTOR’S obligations under CONTRACT, CONTRACTOR shall agree to

make the necessary change in Scope of Workwithout any implication to NFL.

3.19 Progress monitoring and reporting

CONTRACTOR shall develop a suitable system for monitoring and reporting progress on

the various activities upto commissioning and the subsequent activities of

commissioning and conducting the guarantee test. CONTRACTOR will give detailed

network schedule covering the activities and milestones starting from EFFECTIVE DATE

until ACCEPTANCE DATE. These Master Schedules shall include the activities of

CONTRACTOR, Sub-contractor, Suppliers/Manufacturers, and construction contractors.

CONTRACTOR shall monitor progress continuously and submit to OWNER monthly

progress reports giving the status of the activities, indicating those delayed and action

being taken, or required to be taken, to bring back those activities on schedule. These

reports will also include progress at VENDOR’S workshop and will be supplemented with

photographs, wherever necessary. The Network Schedule shall be updated once in a

month. CONTRACTOR shall also furnish information to OWNER as may be required by

any other Governmental Authority or any other agency such as FINANCING

INSTITUTION, etc.

3.20 Technical Information

CONTRACTOR shall furnish to OWNER, CONTRACTOR’S Technical Information and know-

how as may be necessary for the operation of each VAM Unit, its auxiliaries and new

filter houses. CONTRACTOR will grant to OWNER an irrevocable right to use all technical

information of each VAM Unit, its auxiliaries and new filter houses process and know-


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how and shall further advise OWNER for a period of five (5) years from ACCEPTANCE

DATE of any improvements in process, know-how, engineering, operation methods, and

other conditions which will result in more efficient operation of each VAM unit, its

auxiliaries and new filter houses that are developed by CONTRACTOR or process

licensee or have come to the knowledge of CONTRACTOR.

3.21 Work of Sub-Contractor and Contractor

CONTRACTOR shall remain responsible for proper execution of such part of WORK as

are carried out by SUB-CONTRACTOR(S) and any failure of Sub-Contractor(s) or

CONTRACTOR(S) shall not relieve CONTRACTOR of its obligations under CONTRACT.

Furthermore, in the event of any default by Sub-contractor(s), CONTRACTOR may either

takeover Sub-Contractor’s part of work on mutually agreed terms or take remedial

action as may be necessary in order to achieve completion of each VAM Unit, its

auxiliaries and new filter houses and any other activities leading to acceptance of each

VAM Unit, its auxiliaries and new filter houses by OWNER.

3.22 Co-Ordination

CONTRACTOR shall render all necessary assistance to OWNER required for overall co-

ordination of all activities connected with PROJECT. For this purpose, CONTRACTOR and

OWNER shall agree on a meeting within one week after EFFECTIVE DATE with sub-

contractor(s) and such other parties as are necessary to settle the following:

a) Review the basic design conditions set forth in TECHNICAL SCOPE and, where

appropriate review possibilities of standardization.

b) Assess the priorities and key dates required to be included in CONTRACTOR’S

schedules.

c) Make an assessment of all items requiring coordination.

d) Fix up a date and agenda of any subsequent meeting as may be required in association

with OWNER.

e) In the event OWNER pursuant to its responsibilities of overall coordination requests

CONTRACTOR to make any alteration to the program, scope or responsibility under

CONTRACT, CONTRACTOR shall do the same.

f) Certain category of equipment/piping fall under the jurisdiction of Indian Boiler

Regulations (IBR) and Inspectorate of Electrical (CEI) wherever applicable irrespective of

the fact whether these are proprietary in nature or not, certification from an

internationally recognized agency such as Lloyds is considered necessary to enable local


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IBR authorities and electrical authorities to allow their installation and operation. In

such cases, inspection and certification from such authorities will also have to be

arranged by CONTRACTOR. CONTRACTOR shall also submit, as may be required by IBR

authorities or electrical authorities, necessary design calculations from respective

fabricators and /or manufacturers of the EQUIPMENT.

4.0 CHANGE IN WORK

4.1 OWNER shall have the right for request in writing changes in WORK within the scope of

CONTRACT. When the request for a change by OWNER has been agreed and complied

with by CONTRACTOR, then CONTRACTOR’S obligations under CONTRACT shall remain

unaffected unless otherwise agreed.

4.2 For each request for a change in WORK, CONTRACTOR shall promptly inform OWNER in

writing whether this request will fall within the provision of the CONTRACT. If this

request does not fall under the provision of the CONTRACT and CONTRACTOR has to

incur additional expenses, then CONTRACTOR shall promptly submit a cost estimates,

and terms of payment for making the requested change together with the details of any

variation required to be made to any of CONTRACTOR’S or OWNER’S obligations and or

guarantees.

4.3 If in CONTRACTOR’S opinion fulfillment of any of its obligations under CONTRACT would

be jeopardized by a change requested by OWNER then CONTRACTOR shall explain in

writing to OWNER the reasons for not accepting these changes within 15 (fifteen)

workingDAYS of receipt of OWNER’S written request.

4.4 OWNER and CONTRACTOR shall agree upon the basis and terms of the change in WORK

in writing.

4.5 It is understood that no change shall become effective and no change will alter the

scope of WORK until all of the matters referred to have been mutually agreed upon in

writing by OWNER and CONTRACTOR.

4.6 It is agreed by both parties that the following changes shall not be considered change:

a) Changes requested by OWNER and accepted by CONTRACTOR which do not involve any

additional cost or man-hour effort.


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b) Changes in CONTRACTOR’S WORK required on account of CONTRACTOR not having

included any item of EQUIPMENT or WORK which in the opinion of

OWNER/CONTRACTOR is necessary for the normal safe and continuous operation of

each VAM Unit, its auxiliaries and new filter houses.

5.0 MECHANICAL COMPLETION

5.1 MECHANICAL COMPLETION shallmeanwhen all VAM Units, its auxiliaries and new filter

houses for both CPP and Ammonia II plants are complete after mechanical erection and

pre-commissioning and are ready for acceptance of feed to be introduced to and can

continue to receive feed leading to production of cooled air

5.2 MECHANICAL COMPLETION shall include completion of all required activities of

mechanical erection and pre-commissioning including but not limited to the following

activities:

5.3 Mechanical Erection

a) VAM Unit, its auxiliaries and new filter houses or the portion there of is installed in

accordance with the drawings, specifications, and contracts, including any approved

changes thereto, and in accordance with all applicable codes and laws.

b) All coded pressure equipment is hydrostatically or pneumatically tested once either in

the supplier’s shop or in the field in accordance with applicable codes or purchase

specifications.

c) Fired heaters/ boilers are hydrostatically or pneumatically tested. All non-operating

pre-firing checks are made in accordance with applicable codes or purchase

specifications.

d) Compressor, pumps, machinery and all drives are cold aligned, couplings are assembled

and guards installed.

e) Instruments are installed, inspected, and such non-operating checks are made as to

assure operability in the manner required for the process application, instrument air

lines are checked for correct hook-up. Air lines are leak-tested. Orifice plates are

checked for correct bore diameter, ready for OWNER’S installation after completion of

flushing operations.


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f) Relief valves are installed. Prior to this, they will have been checked by the Contractor

in the Vendor’s shop and rechecked at Site.

g) Piping is hydrostatically or pneumatically tested in accordance with the specifications.

Special treatment, such as chemical cleaning, is done as required by the drawings or

specifications. Suction screens are installed. Test blinds are removed. Spring supports,

anchors, and guides are checked for removal of all shipping and erection stops and for

correctness of cold settings.

h) The electrical system is installed integrating with the electrical system of PROJECT and

tested in accordance with and to the extent required by the electrical specifications. All

wiring is checked for correct hook-up. Motor rotation is checked. All power system

protective devices are set.

i) Insulation is complete to the extent necessary to permit the start of commissioning and

start-up.

j) Painting is completed to the extent that the incomplete work does not prevent the start

of commissioning and start up.

5.4 Pre-Commissioning

The following is a list of typical work performed including but not limited to, after each

VAM unit, its auxiliaries and new filter houses is/are mechanically complete:

a) Materials and labour are provided to flush, grease, pack and lubricate all pumps,

compressors, other machinery, and their drives.

b) All machinery and drives are run-in, hot-checked for alignment, and doweled.

Necessary adjustments are made as result of running-in, including resetting turbine over

speed trips.

c) Control valves are installed. Instruments, analyzers, controls, interlocks, alarms, and

related items are commissioned, including operating checks, provision and installation

of seal fluids are required, checking and adjusting settings, standardizing, and calibration

and proof tests.

d) Electrical relays and trips are commissioned, tested and simulated.

e) Feedstock, refrigerants, utilities, catalysts, and chemicals are supplied, handled,

installed, and prepared for operation, including any catalyst preparation procedures.

f) Valves are lubricated packed or re-packed , adjusted , or otherwise serviced.

g) Temporary strainers are removed, cleaned, and reinstalled.


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h) Slip blinds required in preliminary circulation and start-up lines are installed and

removed

i) Equipment and lines are flushed, purged, blown, and dried as required for cleanliness ,

safety, and process consideration. All flanges are boxed up with proper gaskets.

j) Final adjustments are made to pipe, supports and hangers

k) All fire protection and safety facilities are commissioned and put into operation and all

safety provisions initiated, including practices, procedures, permits, and other

precautionary measures needed to ensure the safety of personnel and property.

5.5 CONTRACTOR shall present each VAM Unit, its auxiliaries and new filter houses for

inspection and on being satisfied about its completion, provided each VAM Unit, its

auxiliaries and new filter houses can continue to receive feed leading to production of

cooled air.

5.6 CONTRACTOR shall ensure that MECHANICAL COMPLETION as defined in the bar chart

as per the contract.

6.0 INSURANCE

6.1 The contractor shall take in the joint name of Contractor and “Owner” comprehensive

insurance to cover all risk including marine cum erection insurance (MCE), workmen

compensation for Contractor’s personnel,Contractor’s vehicles, fire risk policy, etc. till

handing over of Plant to Owner duly commissioned and tested.

6.2 The Contractor shall be fully responsible for pursuing and settling all claims with the

underwriters. In the event of accident, injury, damage or loss likely to form a claim

under the above insurance policies, the Contractor shall as quickly as possible submit

such details as are necessary for settling such claims by underwriters and shall also

provide information and assistance necessary to settle the claim. The Contractor shall

also keep Owner/Purchaser fully informed about progress of each such case.

6.3 Owner shall be shown as beneficiary in the policy.

7.0 OWNER’S OBLIGATIONS

Owner’s obligations under this contract shall be limited to the following:

7.1 Owner shall make arrangement to provide the following:


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a) Water required for construction free of charges at one point in CPP and one

point in Ammonia-II Plant.

b) Power required for construction free of charges and any other utility as per

requirement of Project at one point in CPP and one point in Ammonia-II Plant.

c) Contractors will arrange their own covered office and storage at designated by

Owner.

7.2 Make available area for erection of Plant.

7.3 Make available at one point at site benchmark reference coordinates as may be

necessary. It shall be the responsibility of the Contractor to transfer correctly the levels

and coordinates to the Battery Limit for locating equipment within the battery limits.

7.5 Make available to Contractor space (open) for uncovered storage at site. Contractor

shall make own arrangement for constructing covered space for storage of instrument,

etc.

8.0 WORKS CONTRACT TAX

Not applicable after GST.

9.0 PATENT INFRINGEMENT AND INDEMNIFICATION

9.1 CONTRACTOR shall at all times indemnify and keep indemnified OWNER against all

claims or suits and defend, at its, own cost, any suit or action brought against OWNER

and hold OWNER free and harmless against all costs of such claims or suits which may

be made against OWNER in respect of any infringement of any rights protected by

patent, copyright, trademarks, and trade secrets to the extent that such claim, suit, or

action is a result of the use of CONTRACTOR’S Technical Information for the

construction, maintenance, and operation of each VAM Units, its auxiliaries and new

filter houses and the use of CONTRACTOR’S and /or any other process licenser’s

processes used in each VAM Units, its auxiliaries and new filter houses. OWNER shall

pass on all claims made against it to CONTRACTOR for settlement.

9.2 CONTRACTOR declares that to the best of its knowledge and belief the use of

CONTRACTOR’S Technical Information for the construction, maintenance, and operation

of each VAM Units, its auxiliaries and new filter houses and the use of CONTRACTOR and

/or any other process licenser’s processes used in anyVAM Units, its auxiliaries and new


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filter house will infringement arise, CONTRACTOR agrees to keep OWNER indemnified

and harmless against such claims and costs thereof and make arrangements that will

allow OWNER to continue the operation of allVAM Units, its auxiliaries and new filter

houses.

9.3 OWNER shall promptly advise CONTRACTOR in writing of any claim of infringement or

any action for infringement of patents brought against it by a third party and based

upon the use of CONTRACTOR’s Technical Information if such use is in accordance with

instructions given in writing by CONTRACTOR, CONTRACTOR shall undertake the

defense, or assist OWNER in the defence, of the claim or suit to final judgment or

settlement.

9.4 CONTRQACTOR shall undertaken the defence on behalf of OWNER and shall have sole

charge and direction of the defence, and shall bear all costs related thereto

CONTRACTOR shall further hold OWNER harmless from any damages or other sums that

may become payable by OWNER harmless from any damages or other sums that may

become payable by OWNER under a final judgment or settlement.

However, OWNER shall render to CONTRACTOR all reasonable assistance that may be

required by CONTRACTOR in the defence, and shall have the right to be represented

therein by advisory counsel of its own selection and at its own expense.

9.5 In addition to the measures specified in clause 9.4 CONTRACTOR may further, at its

option, however, in reasonable consultation with OWNER, seek to abate the alleged

infringement by modification of any VAM Unit, its auxiliaries and new filter house or its

operation without adversely affecting the performance and/or secure for OWNER

immunity from suit for infringement. In such case, CONTRACTOR shall reimburse

OWNER for all costs related to said modifications and to said immunity.

9.6 In the event that OWNER is legally restrained from operating any VAM Unit, its

auxiliaries and new filter house on account of any infringement action or suit,

CONTRACTOR shall take all possible actions to allow OWNER to operate and use each

VAM Unit, its auxiliaries and new filter houses.

9.7 Neither CONTRACTOR nor OWNER shall settle or compromise any suit or action without

the written consent of the other if settlement or compromise obliges the other to make

any payment or part with any property or assume any obligations or surrender any

rights or to be subjected to any injunction by reason of such settlement or compromise.


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10.0 INDEMNITIES

10.1 CONTRACTOR Indemnification for Liabilities

To the fullest extent permitted by Law, CONTRACTOR assumes liabilities for and agrees

to indemnify, protect, save and hold harmless the OWNER from and against any and all

liabilities (including any strict liability), of whatsoever kind and nature and whether or

not involving damage to the Project or the Site that may be imposed on, suffered or

incurred by or asserted against OWNER and in any way relating to or arising out of (i)

the Work, any Material or the Project, (ii) the presence, discharge, treatment, storage,

transportation, disposal, escape or release of any Hazardous Substance, or the threat

thereof, at to or from the Site after commencement of work (iii) The performance of the

Work, or as a result of personal injuries (including wrongful death); (iv) the violation by

CONTRACTOR or any SUB-CONTRACTOR of any Government Approval or applicable Law

relating to the Work or the Project or (v) any breach of CONTRACT with any SUB-

CONTRACTOR; provided, however, that CONTRACTOR shall not be required under this

clause 10.1 to indemnify OWNER for any liability arising out of or resulting from events

or circumstances occurring or existing after preliminary acceptance except where the

liability arises from an act or omission of CONTRACTOR or any SUB-CONTRACTOR or any

other Person directly or indirectly employed by either of them or any one for whose

acts either of them may be liable that was a contributory cause of such liability.

10.2 CONTRACTOR indemnification for Taxes

It is specifically understood that CONTRACTOR hereby accepts and assumes exclusive

liability for shall and save and hold the OWNER harmless from and against of all Taxes

arising from the performance of the Work, and all such Taxes shall be deemed to be

included in the CONTRACT price.

10.3 Indemnification by Sub-Contractors.

Contractor shall obtain from each Sub-Contractor which is an affiliate, and shall use all reasonable efforts to obtain from each other Sub-Contractor, an indemnification materially similar in form and substance to clauses 9, 10.1 and 10.2 of which the Owner shall be named as beneficiary.


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10.4 Common Law Remedies.

The above provisions shall not deprive Owner of any indemnity, action, right or remedy otherwise available to Owner at common law or otherwise.

10.5 Payment of Amounts under this clause.

Except to the extent covered by insurance, all amounts payable by Contractor to Owner under this clause shall be deducted from the Contract Price or any other amounts owed by Owner to Contractor here under. If such amounts payable by Owner to Contractor are less than the amounts payable by Contractor under this clause, Contractor shall be liable to Owner for such excess and shall pay such amount to Owner immediately upon demand.

11.0 LIMITATION OF LIABILITY

11.1 Notwithstanding anything contained elsewhere in Contract or implied to the contrary

Contractor’s entire liability under Contract , but excluding liability under the provisions of clauses 11.2 shall be limited to 10 % of the total Contract value.

11.2 Notwithstanding the provisions of sub-clause 11.1 Contractor’s liability shall be limited

to maximum of total contract value in the following cases. i) The cooled air temperature is more than 16.5 Deg. C

ii a) Pressure drop across the filter house excluding silencer is more than 31.8 mm

WC

b) Pressure drop across the silencer inlet and outlet is more than 21.2 mm WC. (Applicable for GTG VAM only)

iii) The LP steam consumption is more than 5 Te/Hr over the guaranteed

figure(Applicable to VAM for GTG only). iv) Cooling water consumption is more than 5% over the guarantee figure. 12.0 TIME SCHEDULE 12.1 Contractors shall give a complete time schedule activity – wise to meet the completion

time quoted in months from the date of letter of intent.


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12.2 The time for completion and phased time schedule shall be subject to and in accordance with the provisions of sub-article below.

12.3 Neither Owner/ Purchaser nor Contractor shall be considered in default in performance

of their obligations if such performance is prevented or delay by Force Majeure conditions as stated in General Conditions of Contract.

12.4 In case the progress of work is unduly and unreasonably delayed by the Contractor

without sufficient cause, the Owner at the Contractors risk and cost and without prejudice to any of the rights under the contract reserve the right to:

a) Terminate the contract wholly or partially and complete it by the Owner or

reassign it to others after giving 30 days notice in writing to the Contractor to remedy the cause complained of.

b) Make any modifications, deletions, additions to the contract as the Owner may consider necessary to ensure its satisfactory execution after giving 7 days notice to Contractor to remedy in cause complained of.

12.5 Should the Contractor’s preparation for the commencement of the work or any portion

of it or its subsequent rate of progress be from any cause whatsoever, so slow what in the opinion of the Owner, the Contractor will not be able to complete the work or any portion thereof within the stipulated time for completion, the provisions of sub-article 12.4 above shall apply.

12.6 In case of delay in completion beyond stipulated time, notwithstanding the grant of

formal extension of time for completion of work by the Owner, all extra costs, on account of changes in statutory regulations/ acts or increase in prices on any other account during the extended time, shall be borne by Contractor unless delay is due to the fault of the Owners. However, decrease in prices or statutory levies shall be passed on to Owner.

13.0 PRICE & TAXES. 13.1 The price quoted shall be firm and fixed without any escalation whatsoever on any

account. 13.2 The Contractor shall ship the material as per shipping instructions in General Condition

of Contact. 13.3 For taxes clause no 30 of Attachment II i.e. General conditions of Contract may be

referred. GST is to be paid by the owner against submission of GST invoices


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13.4 Any other taxes / duties in relation to this contract which the Owner is required to

deposit as per the applicable law shall be paid by Owner and recover from the Contractor from the subsequent payment due to the Contractor.

13.5 The prices indicated for spare parts in the item wise lists shall be fixed and not subject

to any escalation. 13.6 In case of award of contract to a foreign Contractor the Contractor shall take all

necessary steps and comply with all formalities to get the contract registered with the appropriate Indian custom authorities to have the various imported equipments including spares assessed at custom duty rates as applicable to project imports.

13.7 In case of award of contract to a foreign Contractor, the Contractor shall be responsible

on completion of contract or whenever required to undertake customs reconciliation work with Indian custom authorities and finalise the customs assessment by furnishing the necessary technical documents, technical information etc. to the said authorities.

14.0 BILLING SCHEDULE The Contractor shall provide a billing schedule based on agreed payment terms within

30 days from the effective date of contract for approval by the Owner. 15.0 GUARANTEE FOR TIME OF COMPLETION 15.1 The Contractor shall guarantee the dates of completion calculated from the date of

issuance of Notification of Award (Letter of intent). For the purpose of determining price reduction on account of delay in completion the date shall be the date of handing over of duly commissioned Plant to Owner.

15.2 Levy of pre-determined charges against price reduction clause for delay in supplies or

completion guarantee runs leading to delay in acceptance or delay in handing over all necessary document specified in technical conditions shall be as per the provision in General Terms and Conditions of contract.

15.3 The Contractor shall undertake immediate repair or replacement of the equipment

damaged or lost in transit or during storage assembly, erection and commissioning of plant pending settlement of claim thereafter by the underwriters.


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16.0 LABOUR AND STAFF 16.1 The Contractor shall make his own arrangement for labour, erection and commissioning

engineers and all other staff required for carrying out the contract. 16.2 The Contractor shall make his own arrangements for providing canteen service to his

labour and staff. Open space for this purpose may be provided by Ownersubject to availability.

16.3 The Contractor shall at his own cost provide office and other accommodation for his

staff and workmen. The contractor shall also provide transport and medical facilities to his staff and workmen.

16.4 The Contractor shall be responsible for all liabilities and statutory obligations and any

other laws in this regard in force from time to time regarding the employment or conditions of service of Contractors workmen or employees and indemnify Owner for any claim put forth by authorities.

16.5 The Contractor shall observe all safety rules as required under various statutories in

India and shall also strictly adhere to safety regulations of Owner. 17.0 FINAL ACCEPTANCE 17.1 After the successful commissioning and guarantee runs the final acceptance and taking

over certificate shall be issued by Owner within 30 days. 18.0 WORK SCHEDULE & COOPERATION 18.1 The Contractor shall draw well in advance detailed schedule of work to be carried out at

site and submit the same for approval of the Owner. 18.2 The Contractor shall not object to the execution of the work by other Contractors or

tradesmen and offer them every facility for the execution of their several works simultaneously with Contractors work. Contractor shall at all times provide sufficient fencing, notice boards, lighting and watchmen to protect and warn the public and guard the works and in default thereof. Owner may provide such facilities at Contractor’s cost.

18.3 Owner shall be at liberty to object to employment of any person at work site and the

objection shall be communicated in writing and Contractors shall make immediate arrangements for removal of such person.


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19.0 CONTRACT CONDITONS 19.1 Whenever the terms & conditions in special conditions of contract are at variance with

General Conditions of Contract and any provision of contract elsewhere, special conditions shall prevail.

19.2 Instructions to Bidders (attachment-I), General Conditions of Contract (Attachment-II),

Site working and safety Conditions (Attachment-VII) shall also be applicable and form part of Contract.

20.0 MODE OF CONTRACT 20.1 Notwithstanding anything stated elsewhere in the bid documents, the contract to be

awarded shall be on the basis of single contract on Lump-sum turnkey basis with single point responsibility.

20.2 The Contract shall be in all respects be constructed and governed in accordance with the

Indian Laws.


INVITATION TO BID



ATTACHMENT IV

INSTALLATION OF VAM CPP &

AMMONIA-II PLANT


BID FORM,

PRICE SCHEDULES AND SUMMARY OF TERMS AND CONDITIONS


INVITATION TO BID



Bid Form -A

Offer No.:__________________________ Sub: ITB No. ________________________________for Installation of

_____________________ Due for closing ___________________ at __________________ reference to your subject Invitation to Bid (ITB)we are pleased to submit our Bid for the installation of ___________________________ in double sealed covers as detailed below:

Part-I Bid Security

Part-II Technical and Un-priced Commercial Bid i) ii) iii)

Part –III Price Bid i) ii) iii)

We undertake that in the event of acceptance of our Bid within the validity period of _______________ days , this Bid as modified by our written changes / amendments till date of notification of award, together with your written notification of award shall constitute a binding contract between us until a formal Contract / Purchase Order is prepared and executed.

We understand that you are not bound to accept the lowest or any Bid that may be received. Date this ________________________________ day of ______________ 2018

Authorized Signatories


INVITATION TO BID



SUMMARY OF TERMS & CONDITIONS QUOTED (BIDDER MUST CONFIRM / COMMENT POINT BY POINT)

ITB NO.NFVP/ESP-II/VAM/2018/002

FOR INSTALLATION OF VAM FOR NFL VIJAIPUR with all its auxiliaries and filter houses.

BIDDER‟S NAME:____________________________________________________________ BID NO.___________________________________________________________________ WE CONFIRM / CLARIFY AS FOLLOWS

S.NO. DESCRIPTION BIDDER‟S CONFORMATION ACCEPTANCE

1.0 PRICE QUOTED AS PER THE PRICE SCHEDULE

CONFIRMED

2.0 QUOTED FIRM PRICES TILL HANDING OVER THE DULY COMMISSIONED PLANT

CONFIRMED

3.0 PRICES HAVE BEEN QUOTED INCLUDING CUSTOM DUTY

CONFIRMED

4.0 TAXES & DUTIES ALL TAXES, DUTIES AND LEVIES, LAWFULLY ASSESSED AGAINST THE OWNER AND THE CONTRACTOR IN PURSUANCE OF THIS CONTRACT, WILL BE TO CONTRACTORS ACCOUNT. IF REQUIRED, THE CONTRACTOR SHALL HAVE HIMSELF TO GET REGISTERED WITH GST AUTHORITIES AS PER STATUTORY REQUIREMENT

CONFIRMED

5.0 COMPREHENSIVE INSURANCE CHARGES FOR COMPREHENSIVE ALL RISK INSURANCE TILL HANDING OVER OF PLANT TO OWNER

QUOTED / NOT QUOTED

5.1 THE INSURANCE COVERS SHALL BE IN THE JOINT NAMES OF THE OWNER AND THE CONTACTOR TO COVER ALL RISKS TILL HANDING OVER OF UNIT (PLANT)

AGREED

6.0 TERMS OF PAYMENT AS PER ITB AGREED

7.0 BID SECURITY (EMD) : AS PER FORMAT IN ITB (IT IS MANDATORY REQUIREMENT. THE OFFER WITHOUT

FURNISHED/ NOT FURNISHED


INVITATION TO BID



EMD WILL BE REJECTED)

8.0 A) SECURITY DEPOSIT CUM CONTRACT PERFORMANCE BANK GUARANTEE AS PER ITB REQUIREMENT AND AS PER PROFORMA

AGREED

9. GUARANTEE / WARRANTIES AS PER ARTICLE 18 OF ATTACHMENT -II OF ITB

ACCEPTED

11.0 OBTAINING ALL STATUTORY APPROVALS REQUIRED FORM GOVT. / OTHER AGENCIES IN CONTRACTORS SCOPE AS PER ITB

CONFIRMED

11.1 CUSTOM CLEARANCE, CLEARANCE FROM THE PORT IN INDIA AND TRANSPORTATION UPTO SITE (INDIGENOUS AND IMPORT) IN CONTRACTOR‟S SCOPE

CONFIRMED

12.0 SPARES WITH ITEMIZED PRICE LIST FOR 2 YEARS OPERATION

QUOTED / NOT QUOTED

13.0 CHARGES TOWARDS INSPECTION & TESTING INCLUDING IBR AND THIRD PARTY INSPECTION AS PER ITB REQUIREMENT INCLUDED IN THE TOTAL LSTK PRICE

CONFIRMED

14.0 COMPLETION PERIOD A) MECHANICAL COMPLETION B) COMMISSIONING AND HANDING OVER C) EFFECTIVE DATE SHALL BE THE DATE OF ISSUANCE LOI D) BAR-CHART FOR ARRANGEMENT OF LICENSE, BASIC DESIGN , DETAIL ENGG., MANUFACTURE, DELIVERY, ERECTION & COMMISSIONING , COVERING ALL MAJOR ACTIVITIES.

----- MONTHS ----- MONTHS CONFIRMED ENCLOSED

15.0 A) PRICE REDUCTION FOR DELAY IN COMPLETION AS PER ITB B) PRICE REDUCTION FOR DELAY IN SUBMISSION OF FINAL DOCUMENTS AS PER ITB C) PRICE REDUCTION FOR INCREASE IN OVER CONSUMPTION OF ISBL UTILITIES AS PER ITB

CONFIRMED CONFIRMED CONFIRMED

15.1 FORCE MAJEURE CONDITIONS AS PER ITB ACCEPTED

16.0 VALIDITY 120 DAYS FROM PRICE BID OPENING

CONFIRMED

17.0 TECHNICAL CONFORMITY WITH TECHNICAL SPECN. ( STRIKE WHICHEVER IS NOT APPLICABLE )

THE OFFER IS AS PER ITB. NO DEVIATION OR DEVIATIONS AS PER ENCLOSED SHEET

18.0 Average Pressure drop across filtration stage along with cooling coil for 18 months from the date of commissioning

Quoted/NOT QUOTED

19.0 (A) ALL OTHER TERMS & CONDITIONS AS PER ITB

1) ACCEPTED WITHOUT ANY DEVIATION 2) ACCEPTED WITH


INVITATION TO BID



B) PRINTED CONDITIONS OF SELLER IN THE OFFER OF INCORPORATED ARE HEREBY WITHDRAWN

UNAVOIDABLE DEVIATIONS AS ENCLOSED CONFIRMED

21 REFERENCE LIST OF USERS OF SIMILAR PLANT ENCLOSED

22. NAME ( CONTRACT PERSON OF BIDDER) DESIGNATION: TELEPHONE NO. FAX NO. E-mail (2e-mail IDs to be furnished

IT IS CONFIRMED THAT IN CASE ANY OF THE TERMS AND CONDITIONS MENTIONED IN THIS SUMMARY ARE AT VARIANCE WITH THOSE INDICATED ANYWHERE ELSE IN OUR OFFER, THE CONDITIONS INDICATED IN THIS SUMMARY SHALL PREVAIL. BIDDER‟S SIGNATURE WITH COMPANY‟S SEAL DATE:


INVITATION TO BID



(TO BE SUBMITTED BIDDER’S LETTER HEAD) F-33 ITB NO: NFVP/ESP-II/VAM/2018/002

FOR INSTALLATION OF VAM FOR NFL VIJAIPUR with all its auxiliaries and filter houses

Price Bid for NFL, Vijaipur

BIDDER‟S NAME

:_________________________________________________________

BID NO.:________________________________________________________________

BREAK UP OF THE CONTRACT PRICE ON LSTK BASIS

Sl. No.

DESCRIPTION PRICE

FC ( ) IC ( Rs. )

A FOR CPP

A.1 Detailed Engineering Package

A.2 Cost of Two no VAM units along with auxiliaries.

A.3 Cost of three no. filter Houses with silencer

A.4 Civil Works

A.5 Erection Charges

A.6 Chemical, including commissioning spares / charges if any.

A.7 Pre-commissioning & commissioning

A.8 Guarantee test and handing over the plants to owner.

Sub Total A

B FOR AMMONIA II

B.1 Detailed Engineering Package

B.2 Cost of Two no VAM units along with auxiliaries.

B.3 Cost of three no. filter Houses with silencer

B.4 Civil Works

B.5 Erection Charges

B.6 Chemical, including commissioning spares /


INVITATION TO BID



charges if any.

B.7 Pre-commissioning & commissioning

B.8 Guarantee test and handing over the plants to owner.

SUB TOTAL B

C Common for CPP and Ammonia II

C.1 Comprehensive all – risk insurance charges for marine, storage and erection till handing over of the Plant to Owner.

C. 2 Indian Agency Commission if any.

C.3 Annual make up chemical quantity & cost

C.4 Cost of 03 years ARC excluding guarantee period excluding cost of 02 years operation &maint. Spares.

C.5 Spares of for two years operation

SUB TOTAL C

D TOTAL CONTRACT PRICE (SUB-TOTAL A + SUB TOTAL B + SUB TOTAL C)

Note:

1. IC means Indian Currency (Rs.) and FC means Foreign Currency. Number of man months and man month rates for the expatriate personnel deputed for the contract implementation shall be included. Break up of Equipment cost and other costs shall be submitted.

2. The price quoted above shall be inclusive of all applicable taxes and duties. 4. Bidder must submit billing schedule for approval of NFL after placement of order. 5. Bidder must submit monthly progress schedule in a tabular form. 6. Bidder must submit unit price of each spare & chemical. 7. Price for Plant, Equipment, Machinery & Bulk Materials, commissioning, two year

spares including all costs of testing, inspection , Taxes & duties, transportation to site (Ocean / Air Freight & Inland freight), custom duty, port handling & clearance changes , Insurance etc. are included in quoted price.

8. A copy of this letter (F-33) with prices to be enclosed with Priced Commercial Proposal and one signed copy of letter without prices indicating “Quoted/ not Quoted” against each head should be enclosed with Un-priced Commercial Proposal.


INVITATION TO BID



9. Splitting of order shall not be allowed for CPP and Ammonia Plant VAM & its auxiliaries and Filter houses, a single P.O/W.O shall be placed on Overall L-1 basis after loading all differential Costs of utilities etc. on both CPP Plant and Ammonia II plant.

It is the bidder‟s intention, if awarded the CONTRACT, to comply fully and in all respect with CONTRACT documents.

Yours faithfully, For and on behalf of ------------ Signature of Bidder-------------- Title -------------------------------


INVITATION TO BID



Annexure

Price Bid For Mandatory spares list for 2 years operation and maintenance

Mechanical Spares:

Mandatory spares list for 2 years operation and maintenance ( CPP VAM & filter unit)

Sr. No.

Description UOM Quantity Price

A) Spares Filter elements ( for CPP )

1 Pre filters(G4 reverse pocket and M6)

Set 1

2 Mist eliminator filters

Set 1

3 Fine filters

Set 1

B) Spares for Chilled water Pump ( CPP)

1 Spare impeller ( rated dia.)

set 1

2 Impeller lock nut with washer

set 1

3 Wear Rings ( Impeller )& casing)

set 1

4 Wear Rings (casing)

set 1

5 Bearing set

Set 1

6 Coupling complete

set 1

7 Complete mechanical seal

set 2

8 Mechanical seal faces ( both)

set 1

9 Mechanical seal gasket & O-rings

Set 1

10 Shaft with key

set 1

11 Pump Gasket & O-Rings

set 1

12 Shaft sleeve

set 1


INVITATION TO BID



C) Spares for condensate Pump ( CPP)

1 Spare impeller ( rated dia.)

set 1

2 Impeller lock nut with washer

set 1

3 Wear Rings ( Impeller )& casing)

set 1

4 Wear Rings (casing)

set 1

5 Bearing ( NDE + DE )

set 1

6 Coupling complete

set 1


set 2

8 Mechanical seal faces ( both)

set 1

9 Mechanical seal gasket & O-rings

Set 1

10 Shaft with key

set 1

11 Pump Gasket & O-Rings

set 1

11 Shaft sleeve

set 1

12 Casing wear ring ( if applicable)

set 1


set 2

14 Complete coupling

set 1

15 Complete pump

set 1

D) Spare Absorbent Pump with coupling( CPP)

lot 1

E) Spares Refrigerant Pump with coupling ( CPP)

lot 1

F) Spare vacuum pump with coupling

lot 1

G) Auto Shut Off valve

Lot 1


INVITATION TO BID



Mandatory spares list for 2 years operation and maintenance ( Ammonia II VAM & filter unit)

Sr. No.


A) Spares Filter elements ( for Amm II )

1 Pre filters(G4 reverse pocket and M6) Set 1

2 Mist eliminator filters Set 1

3 Fine filters Set 1

C) Spares for condensate Pump (for Amm II)

1 Spare impeller ( rated dia.) set 1

2 Impeller lock nut with washer set 1

3 Wear Rings ( Impeller )& casing) set 1

4 Wear Rings (casing) set 1

5 Bearing ( NDE + DE ) set 1

6 Coupling complete set 1

7 Complete mechanical seal set 2

8 Mechanical seal faces ( both) set 1

9 Mechanical seal gasket & O-rings Set 1

10 Shaft with key set 1

11 Pump Gasket & O-Rings set 1

11 Shaft sleeve set 1

12 Casing wear ring ( if applicable) set 1

13 Complete mechanical seal set 1

14 Complete coupling set 1

15 Complete pump set 1

D) Spare Absorbent Pump with coupling( Amm II)

lot 1

E) Spares Refrigerent Pump with coupling (Amm II)

lot 1

F) Spare vacuum pump with coupling lot 1

G) Auto Shut Off valve Lot 1

Electrical Spares:

Sr. No.


1 Ammeter: one no. of each type & rating Lot 1


INVITATION TO BID



2 Ammeter selector Switch

No. 01

3 Voltmeter one no. of each type & rating

Lot 1

4 Energy Meter

No. 01

5 Push button Assembly

No. 01

6 ACB :01 no. each type

Lot 1

7 Power contactor one no. of each type & rating

Lot 1

8 Numeric Motor Protection and feeder Protection Relay : one no. of each type & rating

Lot 1

9 Auxiliary Contactor: 05 nos of each type

Lot 1

10 LVGP Type Indication Lamp : 05 Noof each type

Lot 1

11 Sensitive Earth fault relay (CTUM‐15) No. 01

12 Core Balance CT for Incomer : (if applicable)

No. 01

13 Current Transformer : one no. of each type & rating

Lot 1

14 Potential transformer

No. 01

15 Power Switch : one no. of each type & rating

Lot 1

16 Control Switch : one no. of each type & rating

Lot 1

17 LV Motor : one no. of each type & rating Lot 1

18 LCS : one no. of each type & rating

Lot 1

19 Fuse : 20% or minimum one no. each type & rating

Lot 1

20 Control Fuse fitting [Base & Carrier] : 20% or minimum one no. each type & rating

Lot 1

21 Thermostat :.

No. 01 No


INVITATION TO BID



22 Bearing ( DE& NDE) : one no. of each type & rating

Lot 1

23 Cooling fan : one no. of each type & rating

Lot 1

24 Terminal block : one no. of each type & rating

Lot 1

25 Grease nipple &plug (if applicable): one no. of each type & rating

Lot 1

26 Fan cover : one no. of each type & rating

Lot 1

27 Terminal stud with bushing & star link: one no. of each type & rating

Lot 1

28 Inner & outer cover for DE & NDE bearing : one no. of each type & rating

Lot 1

29 Junction Box:. one no. of each type & rating

Lot 1

30 Ducter

No. 01

31 Insulation resistance meter

No. 01

32 LED Light

No. 01

33 Astronomical Timer:

No. 01

34 MCB : 20% or minimum one no. each type & rating

Lot 1

Instrument spares list:

SN EQUIPMENT SPARES UOM QTY Price

1 Control valve TRIM (Plug, Seat, Stem, Balance/Seal Ring, Cage/Guide, Bellow Seal): 1 set for each control valve

Lot 1

Gasket Set: 1 No. for each control valve

Lot 1


INVITATION TO BID



Gland Packing: 1 set for each control valve

Lot 1

Actuator Diaphragm / Seal Kit: 1 set for each control valve

Lot 1

Actuator Spring: 1 set for each control valve

Lot 1

Limit switch: 1 No. for each Type Lot 1

Transfer relay/lockup relay/booster relay: 1 No. for each Type

Lot 1

AFR: 1 No. for each Type Lot 1

Positioner: 20% of installed quantity (Min 1 number)

Lot 1

2 Safety Valve

Nozzle: 1 No of each Safety valve Lot 1

Seat/Disc: 1 No of each Safety valve

Lot 1

Spring: 1 No of each Safety valve Lot 1

Spindle: 1 No of each Safety valve

Lot 1

Gasket Set: 1 No of each Safety valve

Lot 1

3 PLC control system

CPU NO. 1

Power supply module NO. 1

Digital I/O: 1 of each type Lot 1

Analogue I/O: 1 of each type Lot 1

Communication Module NO. 1

Ethernet Switch NO. 1

Barrier: 20% of installed Qty. (Min 1 number)

Lot 1

System cables Lot 1

4 Field Indicators

PG/TG/LG: 20% of installed quantity (Min 1 number)

Lot 1

5 Field Transmitters

PT/DPT/TT/LT: 20% of installed quantity (Min 1 number)

Lot 1

Tx manifold: 1 No of each type Lot 1

6 SMPS NO. 1

7 Solenoid Valves

20% of installed quantity (Min 1 number)

Lot 1

8 Temperature TE/RTD: 20% of installed quantity (Min 1 number)

Lot 1


INVITATION TO BID



Chemicals and refrigerants:

Sr. No.


1 Refrigerant(Li-Br) Ltr 1000

2 Inhibitor Ltr 60

3 OctylAlcohal Ltr 30

Notes:

1. Any other spares as per vendor‟s recommendations shall be quoted separately.

The above mentioned spares are minimum and shall be considered in bid

evaluation. Any other recommended spares shall be quoted separately as

optional which shall not be a part of bid evaluation. The same shall be decided

for procurement at the discretion of NFL later on.


INVITATION TO BID



ATTACHMENT V

INSTALLATION OF VAM CPP & AMMONIA-II PLANT


BID SECURITY FORM,

PERFORMANCE BANK GUARANTEE FORM


INVITATION TO BID



BID SECURITY (EMD) FORM

DRAFT OF BANK GUARANTEE FOR BID SECURITY DEPOSIT/EMD In consideration of National Fertilizers Limited (NFL), having its registered office at Scope Complex, Core-III, 7 Institutional Area, Lodhi Road, New Delhi-110003 (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.______________(Rupess_____________________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 writing. Dated ________________day of ______________________2018 Corporate Seal for Bank


INVITATION TO BID



SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE FORMAT (To be prepared on Stamp paper issued in the name of Bank) This BANK GUARANTEE No. _____________________________ made this day of ____________________________ between______________________ a bank incorporated and having its registered office at ______________________________ (hereinafter called BANK) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns on the one part and NATIONAL FERTILIZERS LIMITED, a Company registered in India under Companies Act, 1956 and having its registered office at Core -III, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi -110 003, India to the context or contrary to the meaning thereof include its successors and assigns on the other part. WHEREAS in pursuance to the agreement dated ____________________(hereinafter called CONTRACT) entered into between National Fertilizers Limited (hereinafter called OWNER and __________________________________________ a Company incorporated in _______________________ (hereinafter called CONTRACTOR) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns, for supply of __________________________ as envisaged in the Contract, Contractor has to submit a Security Deposit-cum-Performance Bank Guarantee for Rs._________. CONTRACTOR accordingly agrees to furnish the Security cum performance Bank Guarantee as hereinafter contained towards fulfilment of all of its obligations under the contract. NOW THIS DEED WITNESSES AS FOLLOWS : The decision of the Owner as to whether the terms and conditions of this Security Depositcum- Performance Bank Guarantee have been observed or not shall be final and binding on the BANK. In any case, however the Bank's responsibility under this Security Deposit-cum- Performance Bank Guarantee is limited to Rs. _____________________. 1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to OWNER that the BANK is holding the amount of Rs.______________________________________at Owner's disposal and hereby promises and shall be bound to pay to OWNER, forthwith at Owner's written notice stating that the contractor has failed to fulfil its obligations under the contract for reasons for which contractor is liable and without any protest or demur and without recourse to contractor and without asking for any reasons as to whether the amount if lawfully asked for by Owner or not, the entire amount or the portion thereof as mentioned by Owner in the notice.

2. This Security Deposit-cum-Performance Bank Guarantee shall be valid for an initial

period of _______________________ months from the date of this Bank Guarantee No. ___________________ dated ______________ given by the Bank to Owner become effective. Upon issuance of Commissioning / certificate according to terms of contract on expiry of _________________ months after the issuance of the above mentioned certificate of commissioning / erection / completion certificate, the Security Deposit-cum- Performance Bank Guarantee shall become null and void. 65

3. This Security Deposit-cum-Performance Bank Guarantee shall be in addition to and shall

not affect or be affected by any other security now or hereafter held by Owner on


INVITATION TO BID



account of money hereby intended to secure and Owner at its discretion and without any further consent from the Bank, and without affecting its rights against the Bank, may compound with, give time or other indulgence to or make any other arrangement with Contractor and nothing done or omitted to be done by Owner in pursuance of any authority or permission contained in this guarantee, shall effect discharge of the liability of the Bank.

4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Security Deposit-cum-

Performance Bank Guarantee will remain in force initially upto __________________ months from the effective date of Bank Guarantee No. __________dated ____________ given by the Bank to the Owner and subject to provisions of paragraph 2 above will stand automatically cancelled on the expiry of the said period. Unless demand or claim under this Bank Guarantee is made on Bank in writing within three months from the date of expiry of this Bank Guarantee, all the rights of Owner against the Bank shall be forfeited and Bank shall be relieved and discharged from all the liabilities hereunder.

5. Any notice by way of request, demand or otherwise hereunder may be sent by post to

the Bank, addressed as aforesaid, and if sent by post, it shall be deemed to have been given at the time when it would be delivered in due course of post, and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate, signed by an officer of the owners, to the effect that the envelope was so posted, shall be conclusive.

6. The Security Deposit-cum-Performance Bank Guarantee is to be returned to the Bank

after its expiry in terms of Paragraph 4 above.

7. The Bank declares that it has the power to issue this guarantee and the undersigned

have full power to do so. Dated ___________ this _____day of ______2018 (Indicate the name of the Bank with stamp)

(Corporate Seal of Bank)


INVITATION TO BID



ATTACHMENT VI



FORMAT FOR EXCEPTIONS AND DEVIATIONS


INVITATION TO BID



ITB NO. ______________________________ ITEM ___________________________________________

BIDDER REF. NO _______________________NAME OF BIDDER__________________________________

SL NO. BIDDING DOCUMENT REFERENCE SUBJECT DEVIATION

DOCUMENT NO. PAGE NO. CLAUSE NO.

NOTE:

1. If unavoidable, Bidder may stipulate deviations to the requirements of the Bidding

Document only in this format.

2. Bidder shall furnish Technical and Commercial deviations, if any, separately.

3. Any deviations stated elsewhere in the bid shall not be taken into account and may render

the bid non- responsive and liable to be rejected.

STAMP & SIGNATURE OF THE BIDDER :________________________________

NAME OF THE BIDDER :________________________________

DATE :________________________________


INVITATION TO BID



ATTACHMENT VII



SITE WORKING AND SAFETY CONDITIONS


INVITATION TO BID



TABLE OF CONTENTS

SL. NO. DESCRIPTION

1.0 PROJECT SYNOPSIS

2.0 SITE ESTABLISHMENT

3.0 SUPERVISION OF WORK

4.0 INSPECTION

5.0 EMPLOYMENT OF LABOUR

6.0 REPORTING

7.0 COMPLETION OF WORK

8.0 INSURANCE CLAIM FOR DAMAGES

9.0 WORKING AND SAFETY REGULATIONS

10.0 ELECTRICAL SAFETY REGULATIONS

11.0 STATUTORY REQUIREMENTS


INVITATION TO BID



1.0 PROJECT SYNOPSIS National Fertilizers Limited is a Government of India Undertaking engaged in the

manufacturer of Industrial Chemicals and Fertilizers at its Plants at Bathinda (Punjab), Nangal (Punjab) , Panipat (Haryana) and at Vijaipur (M.P.). The present project of installation of VAM units in CPP and Ammonia-II plant is proposed at its Plant site at Vijaipur District, Guna, Madhya Pradesh -473111. INDIA. See further information at the web address: nationalfertilizers.com.

2.0 SITE ESTABLISHMENT 2.1 The Contractor shall provide all huts, stores, tarpaulins and other covers for the

accommodation of his staff, workmen and materials. All materials likely to deteriorate in the open shall be stored under suitable cover.

2.2 The Contractor shall advise the Owner within 15 days of the placement of LOI his space

requirement which shall include for office, mess rooms, covered storage, open storage, fabrication space, lavatories etc. depending on availability and requirement , space shall, for the duration of this contract, be allotted to the contractor but he will not be permitted to make use of any other space without the sanction of the Owner. The use of this space shall strictly be made for the execution of this Contractor only. The sanitary conditions of the ground in or around such structures shall at all times be maintained by the Contractor in a manner satisfactory to the Owner.

2.3 the security of the Contractor’s equipment and materials is his own responsibility. He

will ascertain what security arrangements are made on site by the Owner and take further steps/precautions he may think necessary. The Owner accepts no liability for or damage to the Contractor’s plant, tools or materials.

2.4 The material issued to the Contractor, by the Owner will remain under the custody of

the Contractor as a trustee. However, title on the same will remain with the Owner. the Contractor will be responsible for loss or damage to such materials and shall preserve them in good working condition as required for the contract and good construction practices till such time that they are erected, aligned and fully installed in position and handed over to the Owner. In case the Owner feels that arrangements made by the Contractor are not adequate he shall so advise the contractor and the Contractor shall promptly take corrective action . in case the Contractor fails to take corrective action within a reasonable time the shall take such corrective action and recover the cost


INVITATION TO BID



thereof from the Contractor’s bills Account of such material on completion of work shall be rendered and surplus materials returned to the Owner as per instructions of Owner.

2.5 The Contractor shall clear away immediately any rubbish, scrap materials, etc. and

dump the same in the area indicated by the Owner. All construction material shall be neatly stacked in an orderly manner as directed by the Owner and care shall be taken to allow proper access to workmen and easy movement of men, vehicles, cranes and materials.

2.6 The Contractor shall maintain all the drawings carefully mounted on the board of

appropriate size and well protected from the ravages of termites and other insects. 2.7 The Contractor shall not permit the entry to the site of any person not directly

connected / concerned with work without first having obtained the written permission of Owner.

2.8 The Contractor shall submit a list of tools, tackles, etc. which he will use, to perform the

work. The Contractor shall submit a list in duplicate of al materials, tools and tackles etc. brought inside the plant site duly signed by Owner’s security staff as per rules laid by Owners at site Project. These tools, etc. shall not be removed from the Site till the completion of the job. A gate pass must be obtained from the Owner in order to remove from Site any tools, materials and equipment.

2.9 All items such as keys, instructions and other pertinent data regarding erection/

commissioning and maintenance should be tagged and classified for transmittal in a manner approved by the Owner.

2.10 All employees of the Contractor shall conform to the rules of conduct, etc. established

by Owners. Failure to do so will be sufficient cause for removal of such person from the Site.

2.11 The Contractor will be responsible for providing all plant, tools and tackles, consumable

and scaffolding required for the execution of his work as per the best engineering practices.

2.12 The receipt, off-loading , movement and storage at Site of the entire Contractor’s plant,

tools and materials are his responsibility. The receipt, movement and storage , if required , of material issued by Owners shall be responsibility of the Contractor.


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2.13 Electricity: The Contractor shall advise the Owners within 7 days of the placement of LOI his

electrical power requirements to allow the planning of the temporary electrical distribution. Power, subject to availability, will be made available at one point in CPP and one point in Ammonia II Plant. Contractor shall make his own arrangement at his cost for drawing power from the Owner’s distribution board to his own distribution board. The power supply shall be made available at 415 V 3 phase 50 Hz, four wire system . Electricity will be made available to the Contractor free of charge.

Contractor may be required to use his diesel driven Generator sets at site. In his tender

, contractor should indicate the no. of diesel Gen. sets that can be deployed by him. All temporary wiring from the supply point for either Power or lighting will be the responsibility of the Contractor.

Contractor’s Distribution Board temporary wiring shall be GOI approved / done by

certified electrician and must comply with local regulation and is su8bject the Owner inspection and approval before connection to supply. Owner shall provide some flood lights at site. Additional lights if required by Contractor shall be arranged by Contractor.

2.14(a) Water The Contractor shall advise the Owner within 7 days of the placement of LOI , his water

requirement for hydraulic testing and other requirements. A free supply of water will be made available to one point on the site in CPP Plant and one Point in Ammonia Plant. Any further distribution will be the responsibility of the Contractor.

(b) Plant Air The Contractor shall advise the Owner within 7 days of the placement of LOI, his plant

air requirement for pneumatic chipping devices and other requirements. A free supply of plant air will be made available from the existing plant air header at utility points available in plant. Any further requirement will be responsibility of the Contractor.

2.15 Messing & Accommodation: The Contractor will make his own arrangements. No.

accommodation shall be provided by Owner. 2.16 First Aid:


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The Contractor may have access to the Owner’s qualified first aid personnel and ambulance, in case of accidents, if available. The Contractor will, however, provide a first-aid post for minor injuries to their staff.

2.17 Safety Equipment: All necessary personal safety equipment like safety belts, helmets,

protective face and eye shields, hand=gloves, overall etc. as required should be made available for the use to the person employed on the site. It is contractor’s responsibility to maintain all safety equipment in good working condition.

3.0 SUPERVISON OF WORK 3.1 The Contractor shall submit to the Owners a resume of his site-supervisors for approval

prior to commencement of the work. Once approved, the Contractor shall not remove his site-supervisors without prior concurrence of the Owners.

3.2 The entire work is to be completed as per the Project time schedule. The programme of

the work in details shall be submitted by the Contractor before commencement of the work. The detailed programmes prepared by the contractor shall conform to the targets set forth in the Time Schedule and will be subject to the approval of the Owners. All the work shall be carried out in such a manner that the work of other agencies operating at site is not hampered due to any action of the Contractor.

4.0 INSPECTION The work of the Contractor is subject to inspection by the Owners at all times. 5.0 EMPLOYMENT OF LABOUR 5.1 The Contactor will be expected to employ on the work only his regular skilled employees

with experience of this particular work. The permission of the Owners must be obtained before tradesmen are recruited locally for the work. This rules does not apply to un-skilled labour. No. person below the age of eighteen years shall be employed. The Contractor shall pay, to hs employees/ workers the minimum wages as per latest State Government notification issued time to time.


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5.2 All travelling expenses including provision of all necessary transport to and from Site, lodging allowances and other payments to the Contractor’s employees are his own responsibility.

5.3 The hours of work on the Site shall be decided by the Owners and Contractor shall

adhere to it Monday to Saturday minimum working hours will be 8 (eight hours per day excluding lunch break etc.

5.4 Contractor’s employees shall wear identification badges while on work site. 5.5 All notices displayed on the Site and any instructions issued by the Owner must be

strictly adhered to by the Contractor’s and / or his sub-contractor’s employees. 5.5.1 Contractor shall arrange labour licenses as per rules from concerned authorities at his

own cost. 5.5.2 Contractor will take insurance cover for all his employees against accident etc. 5.6 Contractor will arrange ration cards and permits, if required 5.7 In case the Owner becomes liable to pay any wages or dues to the labour of the

Contractor or his Sub-Contractor or any Government Agency under any of the provision of the Minimum Wages Act, Workmen Compensation Act or any other law due to act of omission of the Contractor, the Owner shall promptly make such payment and shall recover the same from the Contractor’s bills.

5.8 The Contractor shall be required to produce documentary evidence to the effect that he

has discharged his obligations under the Employees Provident Fund Act, 1952, for his / subcontractor’s employees working at site.

5.9 The OWNER shall allocate only space to the Contractor for his labour colony. It shall be

the responsibility of Contractor to provide suitable accommodation including all necessary facilities. However, subject to availability, electricity and water shall be provided at one place on chargeable basis. Further distribution, as required , shall be done by Contractor.

6.0 REPORTING

(a) The Contractor must report the following information to the Owner in writing each Friday:-

i) Number of employees, trades-wise, ii) Progress achieved; iii) Expected dates of completion of work;


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iv) Any actual or potential delay in programme caused by the action or inaction of Owner and other Contractor working at site.

(b) If during excavation any materials such as but not limited to precious materials or treasure etc. are found, the same shall be reported to Owner immediately and shall be the property of Owner.

7.0 COMPLETION OF WORK: Before finally leaving site, all the Contractor’s huts,plant, tools and rubbish must be

removed and the site left clean and tidy. 8.0 INSURANCE CLAIM FOR DAMAGES On receipt of material at site, the Contractor shall promptly check for damages if any

and notify the Owner and shall take necessary action for lodging insurance claim for damages.

9.0 WORKING AND SAFETY REGULATIONS: 9.1 The Contractor will observe all statutory and legal requirements of Central and State

Governments applying to the work as well as any local regulations applying to the site issued by the Consultant or any other authority.

9.2 Particular attention is drawn to the following:-

i) In case of accident, the Owner shall be informed in writing forthwith. The Contractor shall strictly follow regulations laid down by Factory Inspector, Government and state authorities in the regard.

ii) Fencing all Contractor’s plant , platforms, excavations etc. iii) Compliance with all electricity regulations. Iv) Compliance with statutory requirements for inspection and test of all lifting

appliances and auxiliary lifting gear. 9.3 Staircase, doors and gangways must not be obstructed in any way that will interfere

with means of access or escape. 9.4. No excavation will be started without the permission of the Owner , who will inform the

Contractor of the position of any pipes or cables known to be buried in the area. All excavations must be effectively railed off at all times, or completely broaded over the properly marked during the hours of darkness by red warning lamps, using flameproof warning lamps in non-smoking areas. Debris or material which cannot be immediately


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removed must be heaped in such a way as to leave adequate passage way. Any finds such as relics or antiques coins or fossils, etc shall be promptly handed over tot eh Owner.

9.5 The Contractor will notify the Owner of his intention to bring on the site any equipment , such as space heating or welding apparatus or any container holding liquid or gaseous fuel or other substance which might create a hazard. The Owner will have a right to prohibit the use of such equipment or to prescribe the conditions under which such equipment may be used. The owner will have the right to inspect any construction plant, and to forbid its use if in his opinion it is unsuitable or unsafe. No claim arising thee from shall be made by the Contractor. The Contractor or any one acting on his instructions will not bring on to the site any radio-active substance or any apparatus using such substances or any Z-ray apparatus until written permission and direction regarding the use of such equipment has been received from the Owner.

9.6 The Contractor will meet all requirements, and act on the instructions of the Owner

where it is necessary to operate a permit-to work” system. 9.7 Where it is necessary to provide any / or store petroleum products or petroleum

mixtures and explosive, the Contractor shall be responsible for carrying out such provision and / or storage in accordance with the rules and regulations laid down in Petroleum Act, 1934, Explosive Act, 1948 and Petroleum and Carbide of Calcium Manual published by the Chief Inspector of Explosives of India. All such storage shall have prior approvals of the Owner. In case any approval is necessary from the Chief Inspector of Explosives or any statutory authorities, the Contractor shall be responsible for obtaining the same.

9.8 The Contractor shall have his own fire fighting extinguishers and equipment. 9.9 The Contractor shall be responsible for the provision of all safety notices and safety

equipment required by both the relevant legislation and such as the Owner may deem necessary.

9.10 The Contractor shall be responsible for the safe storage of the radio-graphic sources or

those of his sub-contractors. 10.0 ELECTRICAL SAFETY REGULATIONS: 10.1 In no circumstances will be Contractor interfere with fuses and electrical equipment

belonging to the Owner or Contractor.


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10.2 Before the Contractor connects any electrical appliances to any plug or socket belonging

to the other Contractor or Owner , he will -

i) Satisfy the Owner that the appliance is in good working conditions. ii) Inform the Owner of the maximum current rating, voltage and phase of the

appliance. iii) Obtain permission of the Owner dealing the sockets to which the appliances may

be connected. 10.3 The Owner will not grant permission to plug in until he is satisfied that-

i) The appliance is in good condition and is fitted with a suitable plug; ii) The appliance is fitted with a suitable cable having two earth conductors, one of

which shall be an earthed metal sheath surrounding the cores. 10.4 No electric cable in use by the other Contractor / Owner will be distributed without

prior permission. No weight of any description will be imposed on any such cable and no ladder or similar equipment will rest against or be attached to it.

10.5 The voltage for all portable equipment e.g. drilling machines, temporary lighting etc. will

not exceed 240 volts. 10.6 No work must be carried out on any live equipment. The equipment must be made safe

and a “permit-to-work” issued before any work I carried out. 10.7. Contractor shall employ authorized electrician to maintain his temporary electrical

installation. 11.0 STATUTORY REQUIEMENTS: The contractor shall conform to the provisions of Acts of Parliament or State

Legislatures and to any bye-laws, rules orders or notifications of any Government, Municipal or local authority for the time being in force affecting the work undertaken by him and will give all necessary notices to and obtain requisite sanction and permits of and from the Municipal and any other authority in respect of the said work of the materials to be used threat and generally will comply with building and other regulations of such authorities and will keep the Owner/ Consultant indemnified against all claims , penalties and losses that may be incurred by it by reasons of any breach by the contractor of any statutes bye-laws, rules regulations , notification etc.


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ATTACHMENT VIII INSTALLATION OF VAM IN CPP &

AMMONIA-II PLANT


APPLICABLE INDIAN ACTS RULES AND REGULATIONS


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Applicable Indian Acts, Rules & Regulations 1. Indian Electricity Act (Modified) 1952 (Act IX, 1910) 2. The Electricity Supply Act (LIV) of 1948 3. Factories Act, 1948 4. Indian Explosives Act, 1948 5. Indian Boiler Act, 1884 6. The Petroleum Act 1934 7. Industrial Disputes Act, 1947 8. Income Tax Act 9. GST Act 10. Madhya Pradesh Transfer of Property Act 11. Indian Customs Act 12. The Indian Electricity Rule 13. Regulations for the Electrical Equipment of Buildings, 1958 14. IS-5572-1978: Classification of Hazardous Area 15. IS-2148-1968: Flame Proof Enclosures of Electrical Equipment 16. IS-5571-1970:Guide for Selection of Electrical Equipment for Hazardous Area 17. Fire Insurance Regulation 18. National Electrical Code (NEC) of National Fire Protection Association (NEPA ) USA 19. Fire Protection Manual (Red – Book)] 20. The Petroleum and Carbide of Calcium Manual\ 21. Explosive Rules, 1940


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22. Indian Boiler Regulations 23. Indian Power Alcohol Rules. 24. IS-875-1987: Part 1,2,3,4 and 5 Codes of Practice for Design Loads for Buildings and Structures. 25. IS-1893-1987: Criteria for Earthquake Resistance Design of Structure IS-4326: Code of Practice

for Earthquake Resistance Design and Construction of Building. 26. The water (Prevention and Control Pollution ) Act, 1974, as amended up to date 27. The Water (Prevention and Control pollution ) Rules 1975 28. The Water (Prevention and Control Pollution ) (Procedure for Transaction of Business) Rules,

1975 NOTIFICATIONS I) Constitution of Appellate Authority

ii) Delegation of Powers as State Board by the Central Board to various Union Territory Administrations.

29. The Water ( Prevention and Control Pollution ) Cess Act , 1977,as amended by Amendment Act,

1991 30. The Air (Prevention and Control Pollution) Act, 1981, as amended by amendment act, 1987 31. The Air (Prevention and Control Pollution) Act, 1982 32. The Environmental laboratories and Analysis. NOTIFICATIONS

i) Environmental laboratories and Analysis Officers authorized for taking cognizance of offences.


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ATTACHMENT IX INSTALLATION OF VAM IN CPP &

AMMONIA-II PLANT


INTEGRITY PACT FORMAT


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(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.


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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.

2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3: Disqualification from tender process and exclusion from future

contract If the Bidder(s)/Contractor(s), before award or during execution hascommitted a transgression through a violation of Section 2 above or inany other form such as to put his reliability or credibility in question,


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the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or

to terminate the contract, if already signed, for such reasons.

Section 4: Compensation for Damages

1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.

2. If the Principal has terminated the contract according to Section3, or if the Principal is entitled to terminate the contract according to Section3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

Section 5: Previous Transgression

1. The Bidder declares that no previous transgressions occurred in the last three years with any other company in any country conforming to the TII‟s anti corruption approach or with any other public sector enterprise in India that could justify his exclusion from the tender process.

2. If the bidder makes incorrect statement on this subject, he can be disqualified from the tender process and appropriate action can be taken including termination of the contract, if already awarded, for such reason.

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 hassubstantive suspicion in this regard, the Principal will inform thesame 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


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treat the information and documents of bidders /contractors as confidential. He

reports to the Chairman & Managing Director, NFL.

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without

restriction to all project documentation of the Principal including that provided by the

Contractor. The Contractor will also grant the Monitor, upon his request and

demonstration of a valid interest, unrestricted and unconditional access to his project

documentation. The same is applicable to Subcontractors. The Monitor is under

contractual obligation to treat the information and documents of the

Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an

impact on the contractual relations between the Principal and the Contractor. The

parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement,

he will so inform the Management of the Principal and request the Management to

discontinue or take corrective action, or to take other relevant action. The monitor

can in this regard submit non-binding recommendations. Beyond this, the Monitor

has no right to demand from the parties that they act in a specific manner, refrain

from action or tolerate action.

6. The Monitor will submit a written report to the Chairman & Managing Director,, NFL

within 8 to 10 weeks from the date of reference or intimation to him by the Principal

and, should be occasion arise, submit proposals for correcting problematic

situations.

7. Monitor shall be entitled to compensation on the same terms as being extended

to/provided to Independent Directors on NFL Board.

8. If the Monitor has reported to the Chairman & Managing Director, National Fertilizers

Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the

Chairman & Managing Director, NFL has not, within the reasonable time taken

visible action to proceed against such offence or reported it to the Chief Vigilance

Officer, the Monitor may also transmit this information directly to the Central

Vigilance Commissioner.


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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.

Section 10: Other Provisions

This agreement is subject to Indian Law. Place of performance andjurisdiction is the Registered Office of the Principal i.e. New Delhi.

Changes and supplements as well as termination notices need to bemade in writing. Side agreements have not been made.If the contractor is a partnership or a consortium, this agreementmust be signed by all partners or consortium members.

Should one or several provisions of this agreement turn out to beinvalid, the remainder of this agreement remains valid. In this case,the parties will strive to come to an agreement to their originalintentions.

(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) _____________________________ __________________________ _____________________________ __________________________ _____________________________ __________________________