Seal of Firm & Signature of Autorized Signatory
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Transcript of Seal of Firm & Signature of Autorized Signatory
Page 1 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
हिसार(िररयाणा) म वरष ldquo2021 - 22 amp 2022-23rdquo की अवहि म सोयाबीन गह चना व सरसो बीज
उतपाद क भणडारण व हविायन
ित
ई- हनहवदा सचना
NOTICE INVITING e-TENDER For
WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF ldquo2021- 22 amp 2022-23rdquo IN HISAR (HARYANA)
नशनल फहटषलाइजसष हलहमटड ( भारत सरकार का उपकरम )
CINL74899DL1974GOI007417
आचहलक कायाषलय
एससीओ-76-79 सकटर-17D
चडीगढ़
हपन ndash 160017
National Fertilizers Limited (A Govt of India Undertaking)
CINL74899DL1974GOI007417
Zonal Office
SCO-76-79 Sector-17D Chandigarh
PIN ndash 160017
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip ई-हनहवदा जमा करन की अहतम हदनाक व समय 31082021 (दोपिर 230 बज)
आचहलक कायाषलय चडीगढ़ म तकनीकी बोली खोलन की हदनाक व समय 01092021 (दोपिर 300 बज)
LAST DATE OF SUBMISSION OF TENDER 31082021 (230 PM)
OPENING DATE AND TIME OF TECHNICAL BID 01092021 (300PM)
AT NFLrsquoS ZONAL OFFICE CHANDIGARH
हनहवदा सखया TENDER NO
NFLZOCHDABDWPeTender21133
हदनाक Dated 17082021
Page 2 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
TENDER FOR WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM
amp MUSTARD SEED PRODUCE OF 2021-2022 amp 2022-23 IN HISAR (HARYANA)
Tender Particulars
A Tender Enquiry No NFLZOCHDABDWPeTender21133
B Tender Issue Date 17082021 C Due On 31082021
D Requirement WAREHOUSING amp PROCESSING OF
SOYBEAN WHEAT GRAM amp
MUSTARD SEED PRODUCE OF 2021-
22 amp 2022 -23 IN HISAR (HARYANA)
as per scope given in the tender
document
E Tender Closing date 31082021 at 1430 Hrs F Tender Opening date 01092021 at 1500 Hrs G Bid validity 90 days from the date of tender opening H Tender to be
addressed to Zonal Manager Chandigarh
National Fertilizers Limited SCO-76-79 Sector 17D Chandigarh -160017
1 Enclosures
Schedule-I Special Instruction to tenderers
Schedule-II General Terms and Conditions
Annexure-A Application for Techno-Commercial Qualification Annexure-B Affidavit
Annexure-I Un-Priced Bid
Annexure-II Proforma for Authorization
Annexure-III Bank Reference Letter
Annexure-IV Proforma for Bank Guarantee
Annexure-V Registration Certificate under MSMED Act-2006
Annexure-VI Undertaking regarding Plant amp Warehouse Capacity
Annexure-VII Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head)
Annexure-VIII Bid Security Declaration (On partyCompanyrsquos Letter Head
Annexure-IX Agreement (On Rs100 Non-judicial Stamp Paper)
Page 3 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
EARNEST MONEY
Tenderer should make a deposit towards Earnest Money of Rs 25000- through RTGSNEFT as per the details below
Name of the Bank State Bank of India Main Branch Chandigarh
Account No 10848032070
IFSC Code SBIN0011705
Earnest money shall not be accepted in any form other than that specified above
and tenders not accompanied by Earnest Money as above are liable to be
rejected No interest will be payable on the Earnest Money deposit The Earnest
Money Deposit will be refunded to the unsuccessful tenderers within a period of
sixty days from the date of opening of price bid of tenders EMD of Successful
tenderer can be adjusted in security deposit of contract
Page 4 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
SCHEDULE -I
Tender Document for ldquoWAREHOUSING amp PROCESSING OF
SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-
22 amp 2022-23 IN HISAR (HARYANA)rdquo
NATIONAL FERTILIZERS LIMITED (A Govt of India Undertaking)
Agri Business Division (ABD)
SPECIAL INSTRUCTIONS TO TENDERERS (SIT)
1 Quotation of bidders against this Tender must be uploaded by prospective bidders on or before the tender closing date amp time
2 Important Dates amp Details
The following is an indicative timeframe for the overall process NFL reserves the right to vary this timeframe at its absolute and sole discretion and without providing any reasons thereof However changes to the timeframe will be communicated to the affected Respondents during the process
Particulars Details
Tender Number NFLZOCHDABDWPeTender21133
Tender Title TENDER FOR WAREHOUSING amp
PROCESSING OF SOYBEAN
WHEAT GRAM amp MUSTARD SEED
PRODUCE OF 2021-22 AND 2022-23
IN HISAR (HARYANA)
Date of Publishing of Tender 17082021 at 1400 hrs
Date of pre bid meeting with interested vendors at Zonal Office
NA
Documents Download End Date amp Time
31082021 at 1030 hrs
Bid submission last date amp time 31082021 at 1430 hrs
Technical bid opening date amptime 01092021 at 1500 hrs
Price bid opening date amp time for technically qualified parties
To be notified later
Place of Opening of Bids Zonal Office Chandigarh
NFLrsquos website wwwnationalfertilizerscom
NFL reserves the right to changeamend the tender schedule (date andor time) and shall intimate all the Vendors by emailtelephonically of such changes along with notice of revised schedule However it shall be the responsibility of the bidder to visit the designated website regularly as per the time schedule to get the details of any such changes as the same shall be
Page 5 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
available against this tender on the said website NFL shall not be responsible if a bidder is not able to participate in any activity related to this tender due to change in tender schedule
3 Mode of Tendering-
National Fertilizers Ltd (NFL) Chandigarh intends to select Contractor for WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021- 22 AND 2022-23 IN HISAR (HARYANA) against this tender in Two part bid system through e-tendering In this regard NFL invites offers from eligible bidders The NIT will be posted on website wwwnationalfertilizerscom and also at Central Public
Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) where parties will be able to download the tender documents for participation in the e-tender and submit their bids online The tender submission tender closing and opening will be done electronically and online The proposal should be prepared in English in MS WordExcel format Bidder may submit the Bid Formats duly filled and signed could be scanned Other documents could be in PDF format The tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidders as one document All corrigenda addendum amendments corrigendum time extensions clarifications etc to the tender will also be hosted on tender portal only Bidders should regularly visit this portal to keep themselves updated Use of digital signature certificate shall be mandatory for participating in e-tendering process
Bidder shall submit their bid and participate in this tender as per the requirements of the e-tendering system However in case of any helpclarification Bidder may contact any one of the following-
Ms National Fertilizers Limited Chandigarh
Dilbag Singh DGM (Mktg) NFL Zonal Office Chandigarh Contact No 0172-2704485 e-mail dilbaghsinghnflcoin
Sushil Kumar Sr Manager (ABD) Contact No 9541286633 e-mail sushil02163gmailcom MMMishra Chief Manager (Marketing) ZO - Chandigarh Contact No- 0172-2704485
e-mail mmmishranflcoin
b) Central Public Procurement Portal (For e-Tender process Procedure related
matters)
Page 6 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
4 To participate in e-tendering of NFL please refer ldquoInstructions for Online Bid Submissionrdquo on httpsetendersgovineprocureapp for System requirement Browser configuration procedures etc
5 All the vendors participating in the online e-tendering have to abide by the process involved in the entire workflow of the e-tendering NFL shall not be responsible for any mistake made by the vendor at the time of bid process In case any vendor submits an invalid bid due to any reason including typing mistake human error such invalid bid will be disqualified rejected and such vendor shall not be allowed to further participate in the tender and the procurement process shall be completed considering the other valid bids
6 It is mandatory for the Bidders to use the digital certificate in all their bidding Process For submitting bid through e-tendering vendors will have to use a Class III Digital Signature Certificate issued by any India CA approved by CCA of India as per IT Act 2000 Guidelines as indicated in httpsetendersgovineprocureapp may be complied in this regard The said digital certificate should bear the name of the Company Bidder who is willing to participate in the tender It is the entire responsibility of the vendors to protect their own login Id and Password and keep their digital certificate safe so that is not misused by any other person
7 TENDER SCHEDULE-
The notice of issue of enquiry and detailed schedule for downloading the NIT
documents submission of bids tender closing tender opening and subsequent
clarificationamendment in schedule etc shall be published on website
wwwnationalfertilizerscom and also at Central Public Procurement Portal (CPP)
(URL httpsetendersgovineprocureapp)
Tender Schedule is as per clause No 2 above
Note After expiry of date amp time for a particular activity as mentioned above
that particular activity cannot be done unless the schedule for the same is
extended amended Similarly no activity can be done before start date amp time
specified for that particular activity unless the schedule for the same is preponed
amended
8 The activity defined for vendors are ldquoDownload of tender documentsrdquo ldquoBid preparation and encryptionrdquo ldquoRe-encryption of online Bidrdquo and ldquoUploading of Bidrdquo
Technical Support Contact ( For Vendors )
Name Helpdesk Landline No 0120-420046240010024001005 6277 787
Email ID support-eprocgovin
Page 7 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
9 This being an OPEN Tender any Bidder-shall be able to download the Tender Documents However only those Bidders(s) should submit the bids who are meeting the Eligibility Criteria as specified in the NIT (Technical Qualification Criteria etc)
10 TENDER OPENING
The tenders will be opened electronically by NFL at Zonal Office Chandigarh The submission of bids may however be done by vendors from their office or from place of their choice within the scheduled due date and time
Price bid of all techno commercially qualified vendors shall be opened electronically with prior intimation of date and time of opening to all qualified vendors by NFL
NFL reserves the right to reject or accept any tender without giving any reason
11 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOFCOURSE OF ACTION TO BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering However in case the system could not be restored within the reasonable time period as deemed fit by NFL the following remedial measures shall be taken under such an eventuality-
1 Tender is prepared and released but vendors are not able to submit their bids
The due date of closingopening shall be extended suitably
2 Bids have been submitted but the same cannot be opened by NFL
The due date of opening shall be extended suitably
12 The details required in the Annexure amp Forms shall also be enclosed NFL may
reject any proposal not containing all the requirement documents called for in various Annexure amp Forms The Bidder who does not qualify Techno-commercial Bid evaluation their Price Bids shall not be opened
13 The Tender Enquiry number must appear on all correspondence and documents While submitting the bids Tenderer shall ensure the completeness of the informationdocuments as detailed in the tender document
14 Any clarifications on procedure tender specification both technical and commercial can be had from above mentioned address e-mails at any time before tender closing date and time either personally or by post at least 7 days prior to closing date of the Tender Postal delays shall not cause postponement of tender processing date amp tenderers in their own interest shall take all steps that are necessary for them to participate in tender well in time
15 SUBMISSION OF DOCUMENTS
There shall be two part bidding system for this tender
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 2 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
TENDER FOR WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM
amp MUSTARD SEED PRODUCE OF 2021-2022 amp 2022-23 IN HISAR (HARYANA)
Tender Particulars
A Tender Enquiry No NFLZOCHDABDWPeTender21133
B Tender Issue Date 17082021 C Due On 31082021
D Requirement WAREHOUSING amp PROCESSING OF
SOYBEAN WHEAT GRAM amp
MUSTARD SEED PRODUCE OF 2021-
22 amp 2022 -23 IN HISAR (HARYANA)
as per scope given in the tender
document
E Tender Closing date 31082021 at 1430 Hrs F Tender Opening date 01092021 at 1500 Hrs G Bid validity 90 days from the date of tender opening H Tender to be
addressed to Zonal Manager Chandigarh
National Fertilizers Limited SCO-76-79 Sector 17D Chandigarh -160017
1 Enclosures
Schedule-I Special Instruction to tenderers
Schedule-II General Terms and Conditions
Annexure-A Application for Techno-Commercial Qualification Annexure-B Affidavit
Annexure-I Un-Priced Bid
Annexure-II Proforma for Authorization
Annexure-III Bank Reference Letter
Annexure-IV Proforma for Bank Guarantee
Annexure-V Registration Certificate under MSMED Act-2006
Annexure-VI Undertaking regarding Plant amp Warehouse Capacity
Annexure-VII Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head)
Annexure-VIII Bid Security Declaration (On partyCompanyrsquos Letter Head
Annexure-IX Agreement (On Rs100 Non-judicial Stamp Paper)
Page 3 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
EARNEST MONEY
Tenderer should make a deposit towards Earnest Money of Rs 25000- through RTGSNEFT as per the details below
Name of the Bank State Bank of India Main Branch Chandigarh
Account No 10848032070
IFSC Code SBIN0011705
Earnest money shall not be accepted in any form other than that specified above
and tenders not accompanied by Earnest Money as above are liable to be
rejected No interest will be payable on the Earnest Money deposit The Earnest
Money Deposit will be refunded to the unsuccessful tenderers within a period of
sixty days from the date of opening of price bid of tenders EMD of Successful
tenderer can be adjusted in security deposit of contract
Page 4 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
SCHEDULE -I
Tender Document for ldquoWAREHOUSING amp PROCESSING OF
SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-
22 amp 2022-23 IN HISAR (HARYANA)rdquo
NATIONAL FERTILIZERS LIMITED (A Govt of India Undertaking)
Agri Business Division (ABD)
SPECIAL INSTRUCTIONS TO TENDERERS (SIT)
1 Quotation of bidders against this Tender must be uploaded by prospective bidders on or before the tender closing date amp time
2 Important Dates amp Details
The following is an indicative timeframe for the overall process NFL reserves the right to vary this timeframe at its absolute and sole discretion and without providing any reasons thereof However changes to the timeframe will be communicated to the affected Respondents during the process
Particulars Details
Tender Number NFLZOCHDABDWPeTender21133
Tender Title TENDER FOR WAREHOUSING amp
PROCESSING OF SOYBEAN
WHEAT GRAM amp MUSTARD SEED
PRODUCE OF 2021-22 AND 2022-23
IN HISAR (HARYANA)
Date of Publishing of Tender 17082021 at 1400 hrs
Date of pre bid meeting with interested vendors at Zonal Office
NA
Documents Download End Date amp Time
31082021 at 1030 hrs
Bid submission last date amp time 31082021 at 1430 hrs
Technical bid opening date amptime 01092021 at 1500 hrs
Price bid opening date amp time for technically qualified parties
To be notified later
Place of Opening of Bids Zonal Office Chandigarh
NFLrsquos website wwwnationalfertilizerscom
NFL reserves the right to changeamend the tender schedule (date andor time) and shall intimate all the Vendors by emailtelephonically of such changes along with notice of revised schedule However it shall be the responsibility of the bidder to visit the designated website regularly as per the time schedule to get the details of any such changes as the same shall be
Page 5 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
available against this tender on the said website NFL shall not be responsible if a bidder is not able to participate in any activity related to this tender due to change in tender schedule
3 Mode of Tendering-
National Fertilizers Ltd (NFL) Chandigarh intends to select Contractor for WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021- 22 AND 2022-23 IN HISAR (HARYANA) against this tender in Two part bid system through e-tendering In this regard NFL invites offers from eligible bidders The NIT will be posted on website wwwnationalfertilizerscom and also at Central Public
Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) where parties will be able to download the tender documents for participation in the e-tender and submit their bids online The tender submission tender closing and opening will be done electronically and online The proposal should be prepared in English in MS WordExcel format Bidder may submit the Bid Formats duly filled and signed could be scanned Other documents could be in PDF format The tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidders as one document All corrigenda addendum amendments corrigendum time extensions clarifications etc to the tender will also be hosted on tender portal only Bidders should regularly visit this portal to keep themselves updated Use of digital signature certificate shall be mandatory for participating in e-tendering process
Bidder shall submit their bid and participate in this tender as per the requirements of the e-tendering system However in case of any helpclarification Bidder may contact any one of the following-
Ms National Fertilizers Limited Chandigarh
Dilbag Singh DGM (Mktg) NFL Zonal Office Chandigarh Contact No 0172-2704485 e-mail dilbaghsinghnflcoin
Sushil Kumar Sr Manager (ABD) Contact No 9541286633 e-mail sushil02163gmailcom MMMishra Chief Manager (Marketing) ZO - Chandigarh Contact No- 0172-2704485
e-mail mmmishranflcoin
b) Central Public Procurement Portal (For e-Tender process Procedure related
matters)
Page 6 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
4 To participate in e-tendering of NFL please refer ldquoInstructions for Online Bid Submissionrdquo on httpsetendersgovineprocureapp for System requirement Browser configuration procedures etc
5 All the vendors participating in the online e-tendering have to abide by the process involved in the entire workflow of the e-tendering NFL shall not be responsible for any mistake made by the vendor at the time of bid process In case any vendor submits an invalid bid due to any reason including typing mistake human error such invalid bid will be disqualified rejected and such vendor shall not be allowed to further participate in the tender and the procurement process shall be completed considering the other valid bids
6 It is mandatory for the Bidders to use the digital certificate in all their bidding Process For submitting bid through e-tendering vendors will have to use a Class III Digital Signature Certificate issued by any India CA approved by CCA of India as per IT Act 2000 Guidelines as indicated in httpsetendersgovineprocureapp may be complied in this regard The said digital certificate should bear the name of the Company Bidder who is willing to participate in the tender It is the entire responsibility of the vendors to protect their own login Id and Password and keep their digital certificate safe so that is not misused by any other person
7 TENDER SCHEDULE-
The notice of issue of enquiry and detailed schedule for downloading the NIT
documents submission of bids tender closing tender opening and subsequent
clarificationamendment in schedule etc shall be published on website
wwwnationalfertilizerscom and also at Central Public Procurement Portal (CPP)
(URL httpsetendersgovineprocureapp)
Tender Schedule is as per clause No 2 above
Note After expiry of date amp time for a particular activity as mentioned above
that particular activity cannot be done unless the schedule for the same is
extended amended Similarly no activity can be done before start date amp time
specified for that particular activity unless the schedule for the same is preponed
amended
8 The activity defined for vendors are ldquoDownload of tender documentsrdquo ldquoBid preparation and encryptionrdquo ldquoRe-encryption of online Bidrdquo and ldquoUploading of Bidrdquo
Technical Support Contact ( For Vendors )
Name Helpdesk Landline No 0120-420046240010024001005 6277 787
Email ID support-eprocgovin
Page 7 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
9 This being an OPEN Tender any Bidder-shall be able to download the Tender Documents However only those Bidders(s) should submit the bids who are meeting the Eligibility Criteria as specified in the NIT (Technical Qualification Criteria etc)
10 TENDER OPENING
The tenders will be opened electronically by NFL at Zonal Office Chandigarh The submission of bids may however be done by vendors from their office or from place of their choice within the scheduled due date and time
Price bid of all techno commercially qualified vendors shall be opened electronically with prior intimation of date and time of opening to all qualified vendors by NFL
NFL reserves the right to reject or accept any tender without giving any reason
11 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOFCOURSE OF ACTION TO BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering However in case the system could not be restored within the reasonable time period as deemed fit by NFL the following remedial measures shall be taken under such an eventuality-
1 Tender is prepared and released but vendors are not able to submit their bids
The due date of closingopening shall be extended suitably
2 Bids have been submitted but the same cannot be opened by NFL
The due date of opening shall be extended suitably
12 The details required in the Annexure amp Forms shall also be enclosed NFL may
reject any proposal not containing all the requirement documents called for in various Annexure amp Forms The Bidder who does not qualify Techno-commercial Bid evaluation their Price Bids shall not be opened
13 The Tender Enquiry number must appear on all correspondence and documents While submitting the bids Tenderer shall ensure the completeness of the informationdocuments as detailed in the tender document
14 Any clarifications on procedure tender specification both technical and commercial can be had from above mentioned address e-mails at any time before tender closing date and time either personally or by post at least 7 days prior to closing date of the Tender Postal delays shall not cause postponement of tender processing date amp tenderers in their own interest shall take all steps that are necessary for them to participate in tender well in time
15 SUBMISSION OF DOCUMENTS
There shall be two part bidding system for this tender
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 3 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
EARNEST MONEY
Tenderer should make a deposit towards Earnest Money of Rs 25000- through RTGSNEFT as per the details below
Name of the Bank State Bank of India Main Branch Chandigarh
Account No 10848032070
IFSC Code SBIN0011705
Earnest money shall not be accepted in any form other than that specified above
and tenders not accompanied by Earnest Money as above are liable to be
rejected No interest will be payable on the Earnest Money deposit The Earnest
Money Deposit will be refunded to the unsuccessful tenderers within a period of
sixty days from the date of opening of price bid of tenders EMD of Successful
tenderer can be adjusted in security deposit of contract
Page 4 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
SCHEDULE -I
Tender Document for ldquoWAREHOUSING amp PROCESSING OF
SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-
22 amp 2022-23 IN HISAR (HARYANA)rdquo
NATIONAL FERTILIZERS LIMITED (A Govt of India Undertaking)
Agri Business Division (ABD)
SPECIAL INSTRUCTIONS TO TENDERERS (SIT)
1 Quotation of bidders against this Tender must be uploaded by prospective bidders on or before the tender closing date amp time
2 Important Dates amp Details
The following is an indicative timeframe for the overall process NFL reserves the right to vary this timeframe at its absolute and sole discretion and without providing any reasons thereof However changes to the timeframe will be communicated to the affected Respondents during the process
Particulars Details
Tender Number NFLZOCHDABDWPeTender21133
Tender Title TENDER FOR WAREHOUSING amp
PROCESSING OF SOYBEAN
WHEAT GRAM amp MUSTARD SEED
PRODUCE OF 2021-22 AND 2022-23
IN HISAR (HARYANA)
Date of Publishing of Tender 17082021 at 1400 hrs
Date of pre bid meeting with interested vendors at Zonal Office
NA
Documents Download End Date amp Time
31082021 at 1030 hrs
Bid submission last date amp time 31082021 at 1430 hrs
Technical bid opening date amptime 01092021 at 1500 hrs
Price bid opening date amp time for technically qualified parties
To be notified later
Place of Opening of Bids Zonal Office Chandigarh
NFLrsquos website wwwnationalfertilizerscom
NFL reserves the right to changeamend the tender schedule (date andor time) and shall intimate all the Vendors by emailtelephonically of such changes along with notice of revised schedule However it shall be the responsibility of the bidder to visit the designated website regularly as per the time schedule to get the details of any such changes as the same shall be
Page 5 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
available against this tender on the said website NFL shall not be responsible if a bidder is not able to participate in any activity related to this tender due to change in tender schedule
3 Mode of Tendering-
National Fertilizers Ltd (NFL) Chandigarh intends to select Contractor for WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021- 22 AND 2022-23 IN HISAR (HARYANA) against this tender in Two part bid system through e-tendering In this regard NFL invites offers from eligible bidders The NIT will be posted on website wwwnationalfertilizerscom and also at Central Public
Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) where parties will be able to download the tender documents for participation in the e-tender and submit their bids online The tender submission tender closing and opening will be done electronically and online The proposal should be prepared in English in MS WordExcel format Bidder may submit the Bid Formats duly filled and signed could be scanned Other documents could be in PDF format The tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidders as one document All corrigenda addendum amendments corrigendum time extensions clarifications etc to the tender will also be hosted on tender portal only Bidders should regularly visit this portal to keep themselves updated Use of digital signature certificate shall be mandatory for participating in e-tendering process
Bidder shall submit their bid and participate in this tender as per the requirements of the e-tendering system However in case of any helpclarification Bidder may contact any one of the following-
Ms National Fertilizers Limited Chandigarh
Dilbag Singh DGM (Mktg) NFL Zonal Office Chandigarh Contact No 0172-2704485 e-mail dilbaghsinghnflcoin
Sushil Kumar Sr Manager (ABD) Contact No 9541286633 e-mail sushil02163gmailcom MMMishra Chief Manager (Marketing) ZO - Chandigarh Contact No- 0172-2704485
e-mail mmmishranflcoin
b) Central Public Procurement Portal (For e-Tender process Procedure related
matters)
Page 6 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
4 To participate in e-tendering of NFL please refer ldquoInstructions for Online Bid Submissionrdquo on httpsetendersgovineprocureapp for System requirement Browser configuration procedures etc
5 All the vendors participating in the online e-tendering have to abide by the process involved in the entire workflow of the e-tendering NFL shall not be responsible for any mistake made by the vendor at the time of bid process In case any vendor submits an invalid bid due to any reason including typing mistake human error such invalid bid will be disqualified rejected and such vendor shall not be allowed to further participate in the tender and the procurement process shall be completed considering the other valid bids
6 It is mandatory for the Bidders to use the digital certificate in all their bidding Process For submitting bid through e-tendering vendors will have to use a Class III Digital Signature Certificate issued by any India CA approved by CCA of India as per IT Act 2000 Guidelines as indicated in httpsetendersgovineprocureapp may be complied in this regard The said digital certificate should bear the name of the Company Bidder who is willing to participate in the tender It is the entire responsibility of the vendors to protect their own login Id and Password and keep their digital certificate safe so that is not misused by any other person
7 TENDER SCHEDULE-
The notice of issue of enquiry and detailed schedule for downloading the NIT
documents submission of bids tender closing tender opening and subsequent
clarificationamendment in schedule etc shall be published on website
wwwnationalfertilizerscom and also at Central Public Procurement Portal (CPP)
(URL httpsetendersgovineprocureapp)
Tender Schedule is as per clause No 2 above
Note After expiry of date amp time for a particular activity as mentioned above
that particular activity cannot be done unless the schedule for the same is
extended amended Similarly no activity can be done before start date amp time
specified for that particular activity unless the schedule for the same is preponed
amended
8 The activity defined for vendors are ldquoDownload of tender documentsrdquo ldquoBid preparation and encryptionrdquo ldquoRe-encryption of online Bidrdquo and ldquoUploading of Bidrdquo
Technical Support Contact ( For Vendors )
Name Helpdesk Landline No 0120-420046240010024001005 6277 787
Email ID support-eprocgovin
Page 7 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
9 This being an OPEN Tender any Bidder-shall be able to download the Tender Documents However only those Bidders(s) should submit the bids who are meeting the Eligibility Criteria as specified in the NIT (Technical Qualification Criteria etc)
10 TENDER OPENING
The tenders will be opened electronically by NFL at Zonal Office Chandigarh The submission of bids may however be done by vendors from their office or from place of their choice within the scheduled due date and time
Price bid of all techno commercially qualified vendors shall be opened electronically with prior intimation of date and time of opening to all qualified vendors by NFL
NFL reserves the right to reject or accept any tender without giving any reason
11 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOFCOURSE OF ACTION TO BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering However in case the system could not be restored within the reasonable time period as deemed fit by NFL the following remedial measures shall be taken under such an eventuality-
1 Tender is prepared and released but vendors are not able to submit their bids
The due date of closingopening shall be extended suitably
2 Bids have been submitted but the same cannot be opened by NFL
The due date of opening shall be extended suitably
12 The details required in the Annexure amp Forms shall also be enclosed NFL may
reject any proposal not containing all the requirement documents called for in various Annexure amp Forms The Bidder who does not qualify Techno-commercial Bid evaluation their Price Bids shall not be opened
13 The Tender Enquiry number must appear on all correspondence and documents While submitting the bids Tenderer shall ensure the completeness of the informationdocuments as detailed in the tender document
14 Any clarifications on procedure tender specification both technical and commercial can be had from above mentioned address e-mails at any time before tender closing date and time either personally or by post at least 7 days prior to closing date of the Tender Postal delays shall not cause postponement of tender processing date amp tenderers in their own interest shall take all steps that are necessary for them to participate in tender well in time
15 SUBMISSION OF DOCUMENTS
There shall be two part bidding system for this tender
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 4 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
SCHEDULE -I
Tender Document for ldquoWAREHOUSING amp PROCESSING OF
SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-
22 amp 2022-23 IN HISAR (HARYANA)rdquo
NATIONAL FERTILIZERS LIMITED (A Govt of India Undertaking)
Agri Business Division (ABD)
SPECIAL INSTRUCTIONS TO TENDERERS (SIT)
1 Quotation of bidders against this Tender must be uploaded by prospective bidders on or before the tender closing date amp time
2 Important Dates amp Details
The following is an indicative timeframe for the overall process NFL reserves the right to vary this timeframe at its absolute and sole discretion and without providing any reasons thereof However changes to the timeframe will be communicated to the affected Respondents during the process
Particulars Details
Tender Number NFLZOCHDABDWPeTender21133
Tender Title TENDER FOR WAREHOUSING amp
PROCESSING OF SOYBEAN
WHEAT GRAM amp MUSTARD SEED
PRODUCE OF 2021-22 AND 2022-23
IN HISAR (HARYANA)
Date of Publishing of Tender 17082021 at 1400 hrs
Date of pre bid meeting with interested vendors at Zonal Office
NA
Documents Download End Date amp Time
31082021 at 1030 hrs
Bid submission last date amp time 31082021 at 1430 hrs
Technical bid opening date amptime 01092021 at 1500 hrs
Price bid opening date amp time for technically qualified parties
To be notified later
Place of Opening of Bids Zonal Office Chandigarh
NFLrsquos website wwwnationalfertilizerscom
NFL reserves the right to changeamend the tender schedule (date andor time) and shall intimate all the Vendors by emailtelephonically of such changes along with notice of revised schedule However it shall be the responsibility of the bidder to visit the designated website regularly as per the time schedule to get the details of any such changes as the same shall be
Page 5 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
available against this tender on the said website NFL shall not be responsible if a bidder is not able to participate in any activity related to this tender due to change in tender schedule
3 Mode of Tendering-
National Fertilizers Ltd (NFL) Chandigarh intends to select Contractor for WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021- 22 AND 2022-23 IN HISAR (HARYANA) against this tender in Two part bid system through e-tendering In this regard NFL invites offers from eligible bidders The NIT will be posted on website wwwnationalfertilizerscom and also at Central Public
Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) where parties will be able to download the tender documents for participation in the e-tender and submit their bids online The tender submission tender closing and opening will be done electronically and online The proposal should be prepared in English in MS WordExcel format Bidder may submit the Bid Formats duly filled and signed could be scanned Other documents could be in PDF format The tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidders as one document All corrigenda addendum amendments corrigendum time extensions clarifications etc to the tender will also be hosted on tender portal only Bidders should regularly visit this portal to keep themselves updated Use of digital signature certificate shall be mandatory for participating in e-tendering process
Bidder shall submit their bid and participate in this tender as per the requirements of the e-tendering system However in case of any helpclarification Bidder may contact any one of the following-
Ms National Fertilizers Limited Chandigarh
Dilbag Singh DGM (Mktg) NFL Zonal Office Chandigarh Contact No 0172-2704485 e-mail dilbaghsinghnflcoin
Sushil Kumar Sr Manager (ABD) Contact No 9541286633 e-mail sushil02163gmailcom MMMishra Chief Manager (Marketing) ZO - Chandigarh Contact No- 0172-2704485
e-mail mmmishranflcoin
b) Central Public Procurement Portal (For e-Tender process Procedure related
matters)
Page 6 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
4 To participate in e-tendering of NFL please refer ldquoInstructions for Online Bid Submissionrdquo on httpsetendersgovineprocureapp for System requirement Browser configuration procedures etc
5 All the vendors participating in the online e-tendering have to abide by the process involved in the entire workflow of the e-tendering NFL shall not be responsible for any mistake made by the vendor at the time of bid process In case any vendor submits an invalid bid due to any reason including typing mistake human error such invalid bid will be disqualified rejected and such vendor shall not be allowed to further participate in the tender and the procurement process shall be completed considering the other valid bids
6 It is mandatory for the Bidders to use the digital certificate in all their bidding Process For submitting bid through e-tendering vendors will have to use a Class III Digital Signature Certificate issued by any India CA approved by CCA of India as per IT Act 2000 Guidelines as indicated in httpsetendersgovineprocureapp may be complied in this regard The said digital certificate should bear the name of the Company Bidder who is willing to participate in the tender It is the entire responsibility of the vendors to protect their own login Id and Password and keep their digital certificate safe so that is not misused by any other person
7 TENDER SCHEDULE-
The notice of issue of enquiry and detailed schedule for downloading the NIT
documents submission of bids tender closing tender opening and subsequent
clarificationamendment in schedule etc shall be published on website
wwwnationalfertilizerscom and also at Central Public Procurement Portal (CPP)
(URL httpsetendersgovineprocureapp)
Tender Schedule is as per clause No 2 above
Note After expiry of date amp time for a particular activity as mentioned above
that particular activity cannot be done unless the schedule for the same is
extended amended Similarly no activity can be done before start date amp time
specified for that particular activity unless the schedule for the same is preponed
amended
8 The activity defined for vendors are ldquoDownload of tender documentsrdquo ldquoBid preparation and encryptionrdquo ldquoRe-encryption of online Bidrdquo and ldquoUploading of Bidrdquo
Technical Support Contact ( For Vendors )
Name Helpdesk Landline No 0120-420046240010024001005 6277 787
Email ID support-eprocgovin
Page 7 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
9 This being an OPEN Tender any Bidder-shall be able to download the Tender Documents However only those Bidders(s) should submit the bids who are meeting the Eligibility Criteria as specified in the NIT (Technical Qualification Criteria etc)
10 TENDER OPENING
The tenders will be opened electronically by NFL at Zonal Office Chandigarh The submission of bids may however be done by vendors from their office or from place of their choice within the scheduled due date and time
Price bid of all techno commercially qualified vendors shall be opened electronically with prior intimation of date and time of opening to all qualified vendors by NFL
NFL reserves the right to reject or accept any tender without giving any reason
11 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOFCOURSE OF ACTION TO BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering However in case the system could not be restored within the reasonable time period as deemed fit by NFL the following remedial measures shall be taken under such an eventuality-
1 Tender is prepared and released but vendors are not able to submit their bids
The due date of closingopening shall be extended suitably
2 Bids have been submitted but the same cannot be opened by NFL
The due date of opening shall be extended suitably
12 The details required in the Annexure amp Forms shall also be enclosed NFL may
reject any proposal not containing all the requirement documents called for in various Annexure amp Forms The Bidder who does not qualify Techno-commercial Bid evaluation their Price Bids shall not be opened
13 The Tender Enquiry number must appear on all correspondence and documents While submitting the bids Tenderer shall ensure the completeness of the informationdocuments as detailed in the tender document
14 Any clarifications on procedure tender specification both technical and commercial can be had from above mentioned address e-mails at any time before tender closing date and time either personally or by post at least 7 days prior to closing date of the Tender Postal delays shall not cause postponement of tender processing date amp tenderers in their own interest shall take all steps that are necessary for them to participate in tender well in time
15 SUBMISSION OF DOCUMENTS
There shall be two part bidding system for this tender
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 5 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
available against this tender on the said website NFL shall not be responsible if a bidder is not able to participate in any activity related to this tender due to change in tender schedule
3 Mode of Tendering-
National Fertilizers Ltd (NFL) Chandigarh intends to select Contractor for WAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021- 22 AND 2022-23 IN HISAR (HARYANA) against this tender in Two part bid system through e-tendering In this regard NFL invites offers from eligible bidders The NIT will be posted on website wwwnationalfertilizerscom and also at Central Public
Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) where parties will be able to download the tender documents for participation in the e-tender and submit their bids online The tender submission tender closing and opening will be done electronically and online The proposal should be prepared in English in MS WordExcel format Bidder may submit the Bid Formats duly filled and signed could be scanned Other documents could be in PDF format The tender document together with all its attachments thereto shall be considered to be read understood and accepted by the bidders as one document All corrigenda addendum amendments corrigendum time extensions clarifications etc to the tender will also be hosted on tender portal only Bidders should regularly visit this portal to keep themselves updated Use of digital signature certificate shall be mandatory for participating in e-tendering process
Bidder shall submit their bid and participate in this tender as per the requirements of the e-tendering system However in case of any helpclarification Bidder may contact any one of the following-
Ms National Fertilizers Limited Chandigarh
Dilbag Singh DGM (Mktg) NFL Zonal Office Chandigarh Contact No 0172-2704485 e-mail dilbaghsinghnflcoin
Sushil Kumar Sr Manager (ABD) Contact No 9541286633 e-mail sushil02163gmailcom MMMishra Chief Manager (Marketing) ZO - Chandigarh Contact No- 0172-2704485
e-mail mmmishranflcoin
b) Central Public Procurement Portal (For e-Tender process Procedure related
matters)
Page 6 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
4 To participate in e-tendering of NFL please refer ldquoInstructions for Online Bid Submissionrdquo on httpsetendersgovineprocureapp for System requirement Browser configuration procedures etc
5 All the vendors participating in the online e-tendering have to abide by the process involved in the entire workflow of the e-tendering NFL shall not be responsible for any mistake made by the vendor at the time of bid process In case any vendor submits an invalid bid due to any reason including typing mistake human error such invalid bid will be disqualified rejected and such vendor shall not be allowed to further participate in the tender and the procurement process shall be completed considering the other valid bids
6 It is mandatory for the Bidders to use the digital certificate in all their bidding Process For submitting bid through e-tendering vendors will have to use a Class III Digital Signature Certificate issued by any India CA approved by CCA of India as per IT Act 2000 Guidelines as indicated in httpsetendersgovineprocureapp may be complied in this regard The said digital certificate should bear the name of the Company Bidder who is willing to participate in the tender It is the entire responsibility of the vendors to protect their own login Id and Password and keep their digital certificate safe so that is not misused by any other person
7 TENDER SCHEDULE-
The notice of issue of enquiry and detailed schedule for downloading the NIT
documents submission of bids tender closing tender opening and subsequent
clarificationamendment in schedule etc shall be published on website
wwwnationalfertilizerscom and also at Central Public Procurement Portal (CPP)
(URL httpsetendersgovineprocureapp)
Tender Schedule is as per clause No 2 above
Note After expiry of date amp time for a particular activity as mentioned above
that particular activity cannot be done unless the schedule for the same is
extended amended Similarly no activity can be done before start date amp time
specified for that particular activity unless the schedule for the same is preponed
amended
8 The activity defined for vendors are ldquoDownload of tender documentsrdquo ldquoBid preparation and encryptionrdquo ldquoRe-encryption of online Bidrdquo and ldquoUploading of Bidrdquo
Technical Support Contact ( For Vendors )
Name Helpdesk Landline No 0120-420046240010024001005 6277 787
Email ID support-eprocgovin
Page 7 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
9 This being an OPEN Tender any Bidder-shall be able to download the Tender Documents However only those Bidders(s) should submit the bids who are meeting the Eligibility Criteria as specified in the NIT (Technical Qualification Criteria etc)
10 TENDER OPENING
The tenders will be opened electronically by NFL at Zonal Office Chandigarh The submission of bids may however be done by vendors from their office or from place of their choice within the scheduled due date and time
Price bid of all techno commercially qualified vendors shall be opened electronically with prior intimation of date and time of opening to all qualified vendors by NFL
NFL reserves the right to reject or accept any tender without giving any reason
11 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOFCOURSE OF ACTION TO BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering However in case the system could not be restored within the reasonable time period as deemed fit by NFL the following remedial measures shall be taken under such an eventuality-
1 Tender is prepared and released but vendors are not able to submit their bids
The due date of closingopening shall be extended suitably
2 Bids have been submitted but the same cannot be opened by NFL
The due date of opening shall be extended suitably
12 The details required in the Annexure amp Forms shall also be enclosed NFL may
reject any proposal not containing all the requirement documents called for in various Annexure amp Forms The Bidder who does not qualify Techno-commercial Bid evaluation their Price Bids shall not be opened
13 The Tender Enquiry number must appear on all correspondence and documents While submitting the bids Tenderer shall ensure the completeness of the informationdocuments as detailed in the tender document
14 Any clarifications on procedure tender specification both technical and commercial can be had from above mentioned address e-mails at any time before tender closing date and time either personally or by post at least 7 days prior to closing date of the Tender Postal delays shall not cause postponement of tender processing date amp tenderers in their own interest shall take all steps that are necessary for them to participate in tender well in time
15 SUBMISSION OF DOCUMENTS
There shall be two part bidding system for this tender
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 6 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
4 To participate in e-tendering of NFL please refer ldquoInstructions for Online Bid Submissionrdquo on httpsetendersgovineprocureapp for System requirement Browser configuration procedures etc
5 All the vendors participating in the online e-tendering have to abide by the process involved in the entire workflow of the e-tendering NFL shall not be responsible for any mistake made by the vendor at the time of bid process In case any vendor submits an invalid bid due to any reason including typing mistake human error such invalid bid will be disqualified rejected and such vendor shall not be allowed to further participate in the tender and the procurement process shall be completed considering the other valid bids
6 It is mandatory for the Bidders to use the digital certificate in all their bidding Process For submitting bid through e-tendering vendors will have to use a Class III Digital Signature Certificate issued by any India CA approved by CCA of India as per IT Act 2000 Guidelines as indicated in httpsetendersgovineprocureapp may be complied in this regard The said digital certificate should bear the name of the Company Bidder who is willing to participate in the tender It is the entire responsibility of the vendors to protect their own login Id and Password and keep their digital certificate safe so that is not misused by any other person
7 TENDER SCHEDULE-
The notice of issue of enquiry and detailed schedule for downloading the NIT
documents submission of bids tender closing tender opening and subsequent
clarificationamendment in schedule etc shall be published on website
wwwnationalfertilizerscom and also at Central Public Procurement Portal (CPP)
(URL httpsetendersgovineprocureapp)
Tender Schedule is as per clause No 2 above
Note After expiry of date amp time for a particular activity as mentioned above
that particular activity cannot be done unless the schedule for the same is
extended amended Similarly no activity can be done before start date amp time
specified for that particular activity unless the schedule for the same is preponed
amended
8 The activity defined for vendors are ldquoDownload of tender documentsrdquo ldquoBid preparation and encryptionrdquo ldquoRe-encryption of online Bidrdquo and ldquoUploading of Bidrdquo
Technical Support Contact ( For Vendors )
Name Helpdesk Landline No 0120-420046240010024001005 6277 787
Email ID support-eprocgovin
Page 7 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
9 This being an OPEN Tender any Bidder-shall be able to download the Tender Documents However only those Bidders(s) should submit the bids who are meeting the Eligibility Criteria as specified in the NIT (Technical Qualification Criteria etc)
10 TENDER OPENING
The tenders will be opened electronically by NFL at Zonal Office Chandigarh The submission of bids may however be done by vendors from their office or from place of their choice within the scheduled due date and time
Price bid of all techno commercially qualified vendors shall be opened electronically with prior intimation of date and time of opening to all qualified vendors by NFL
NFL reserves the right to reject or accept any tender without giving any reason
11 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOFCOURSE OF ACTION TO BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering However in case the system could not be restored within the reasonable time period as deemed fit by NFL the following remedial measures shall be taken under such an eventuality-
1 Tender is prepared and released but vendors are not able to submit their bids
The due date of closingopening shall be extended suitably
2 Bids have been submitted but the same cannot be opened by NFL
The due date of opening shall be extended suitably
12 The details required in the Annexure amp Forms shall also be enclosed NFL may
reject any proposal not containing all the requirement documents called for in various Annexure amp Forms The Bidder who does not qualify Techno-commercial Bid evaluation their Price Bids shall not be opened
13 The Tender Enquiry number must appear on all correspondence and documents While submitting the bids Tenderer shall ensure the completeness of the informationdocuments as detailed in the tender document
14 Any clarifications on procedure tender specification both technical and commercial can be had from above mentioned address e-mails at any time before tender closing date and time either personally or by post at least 7 days prior to closing date of the Tender Postal delays shall not cause postponement of tender processing date amp tenderers in their own interest shall take all steps that are necessary for them to participate in tender well in time
15 SUBMISSION OF DOCUMENTS
There shall be two part bidding system for this tender
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 7 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
9 This being an OPEN Tender any Bidder-shall be able to download the Tender Documents However only those Bidders(s) should submit the bids who are meeting the Eligibility Criteria as specified in the NIT (Technical Qualification Criteria etc)
10 TENDER OPENING
The tenders will be opened electronically by NFL at Zonal Office Chandigarh The submission of bids may however be done by vendors from their office or from place of their choice within the scheduled due date and time
Price bid of all techno commercially qualified vendors shall be opened electronically with prior intimation of date and time of opening to all qualified vendors by NFL
NFL reserves the right to reject or accept any tender without giving any reason
11 SYSTEM FAILURES AND REMEDIAL MEASURES THEREOFCOURSE OF ACTION TO BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering However in case the system could not be restored within the reasonable time period as deemed fit by NFL the following remedial measures shall be taken under such an eventuality-
1 Tender is prepared and released but vendors are not able to submit their bids
The due date of closingopening shall be extended suitably
2 Bids have been submitted but the same cannot be opened by NFL
The due date of opening shall be extended suitably
12 The details required in the Annexure amp Forms shall also be enclosed NFL may
reject any proposal not containing all the requirement documents called for in various Annexure amp Forms The Bidder who does not qualify Techno-commercial Bid evaluation their Price Bids shall not be opened
13 The Tender Enquiry number must appear on all correspondence and documents While submitting the bids Tenderer shall ensure the completeness of the informationdocuments as detailed in the tender document
14 Any clarifications on procedure tender specification both technical and commercial can be had from above mentioned address e-mails at any time before tender closing date and time either personally or by post at least 7 days prior to closing date of the Tender Postal delays shall not cause postponement of tender processing date amp tenderers in their own interest shall take all steps that are necessary for them to participate in tender well in time
15 SUBMISSION OF DOCUMENTS
There shall be two part bidding system for this tender
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 8 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Part -1 The submissionuploading of information undertakings documents certificates etc electronically for techno-commercial bid part are given as under
SNo Contents to be uploaded
Page
No
Details Scan Copy of RTGSUTR No towards EMD of Rs25000-
1 Copy of tender document signed on every page
2 Application Form (Annexure-A)
3 Affidavit duly notarized on non-judicial stamp paper of Rs50-
(Annexure- B)
4 Un-priced bid on Performa at Annexure-I No price shall be
mentioned
5 I For Proprietorship firm - Name of the proprietor to be
mentioned Affidavit of proprietorship in original duly
notarized
II For partnership firms ndash Affidavit in originals duly
notarized confirming the current status of the firm along
with names of the partners Copy of partnership deed duly
notarized to be uploaded
III For Limited companies notarized copy of Memorandum
and Articles of Association (this only need to be submitted
physically-not to be uploaded) and list of directors
IV For Society Notarized copy of Bye-laws
A letter of Authorization for the person responsible for day to
day activities to be uploaded for all categories (Annexure II)
6 Self-Attested copy of valid registration certificate of Seed Producing firmsociety etc with Haryana State Seed Certification Agency
7 Self-Attested copy of valid registration certificate of processing plant with Haryana State Seed Certification Agency
8 Self-Attested copy of valid license to carry out seed business issued by Deputy Director (Agriculture) of the concerned district
9 Permanent Account Number (Copy of self-certified PAN card of selffirm ndashas applicable)
10 Goods and Service Tax Registration No (self-certified)
11 Self-Certified copies of balance sheet with P amp L Accounts for the last three financial years
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 9 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
12 Self-Certified Copies of Income Tax returns for the last three financial yearsAssesment Years
13 An Undertaking on letter head pad regarding warehouse capacity (with godown map) and Plant capacity in conformity with Eligibility criteria at Clause 25 of Schedule I of the tender document (Annexure VI)
14 Latest certificate in original on letterhead of bank as per Annexure ndashIII
15 If the parties submitting tenders for warehousing and processing of Seeds are registered as MicroSmallMedium Enterprises as per MSMED act-2006 the same may be confirmed by the party in form of undertaking given on its letterhead and also upload a copy of the registration certificate in support thereof (Annexure-V)
16 Undertaking regarding Plant and Warehousing capacity (Annexure-VI)
17 Self-Certification Form Make In India (Local Content) (On
partyCompanyrsquos Letter Head) (Annexure-VII)
18 Bid Security Declaration (On partyCompanyrsquos Letter Head) (Annexure-VIII)
19 Agreement (on Rs100 Non-Judicial stamp paper) Annexure-IX
20 Any other relevant information document
In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL as well as cancellation of their bid for this tender NFL will scrutinize documents uploaded as techno-commercial bid and decide the technical qualified parties The committee will ensure that all documents required have been submitteduploaded by the party prior to opening of price bids Bidders need to put seal of firm and signature of authorized signatory on every page of NIT and documents to be uploaded as a token of acceptance of NIT terms and conditions Part 2 Duly filled Price Bid format as available in the tender document on the portal shall be uploaded on Central Public Procurement Portal (CPP) (URL httpsetendersgovineprocureapp) only All the columnsdesired rates need to be filled
16 First part of the Bid Process ie ldquotechno-commercial bidrdquo will be opened on the due date of opening The tenderer may themselves take part or send their authorised amp competent representative along with authorisation letter to observe the bid opening process
17 NFL reserves the right to accept or reject any bid in whole or in part or accept other than lowest bid without assigning any reason thereof
18 NFL may not consider any bid which is incomplete or not submitted in accordance with the provisions set forth in the bid documents as incomplete and
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 10 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
may reject the same or waive any deficiencies in any or all the bids
19 The tenderers must sign all the papers of their bid All corrections and alterations in the Tender will be signed in full with date by the tenderer
20 All information sought by NFL during tender evaluation shall be provided within the time set out in the communication on the subject Failure of Bidder to comply with requirements of NFL within stipulated time shall entitle NFL to proceed with the tenders on the basis of information available with it No responsibility for postal delays shall rest on NFL
21 The tenderers must ensure that all information furnished in the Bid is true and correct In case of concealment of any fact if detected later on such tenderer will be debarred from all future dealings with NFL After opening of the technical bid of the parties the price bid of qualified parties shall be opened at a later date which shall be informed to the parties If the date of receiptopening of tender is declared as holiday the same shall be received opened on the next working day NFL reserves the right to abandon withdraw the tender any time before award of the contract at its sole discretion
22 Bid Security Declaration Tenderer should submit bid security declaration on letter head as per format
given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
Bids received after the closing date amp time will not be considered
23 No Bidder shall be allowed to withdraw amend his bid once it is submitted on the web portal by the bidder
24 ELIGIBILITY CRITERIA FOR OPENING OF TECHNICAL BID OF PARTIES
The bidders in order to become eligible to participate in the bid need to meet the following eligibility criteria and submit the self-certified documentary evidences in support thereof failing which price bid shall not be opened -
a Parties who have facilities for Warehousing amp processing of seeds with a
minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
b The party should have its own seed processing plant c The party should be duly registered with State Seed Certification Agency
(SSCA) for seed processing d The party should not have been black-listeddebarred from participation
in tendering by any institutional agenciesGovt DepttPublic Sector Undertaking or any organization etc in the last two years (as per Annexure-lsquoBrsquo) The prospective tenderers having any common PartnersDirectorsManaging
partners etc or having any other common criteria shall be considered as
Sister Group Associates CompanyConcernCompany In such cases
only one of them will be eligible for participating in the tender
e Bidder shall submit copies of Audited Balance Sheet and Profit and Loss AC for the last 3 financial years
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 11 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
f Income Tax Returns for last three financial years g The bidder should have valid PAN and GST registration number h Bid Security Declaration Form as per Annexure-VIII i Affidavit on Non-judicial stamp paper as per Annexure-II
25 The lowest rate bidder (L-1) shall be considered purely based on offered rates
26 In case of person other than Proprietor Partner DirectorPresident is representing the firmcompanysociety then an authorization on firmcompanysocietyrsquos letter head in the enclosed proforma Annexure-B from Proprietor Partner DirectorPresident of the firmcompanysociety must be attached with tender documents He can be authorized for discussions negotiations only However In case of Partnership Firm working partner will sign the Tender form
27 Except as otherwise stated above NFL reserves the right to delist any party if the seed processing unit stops production or sealed by any state central enforcement agency or party is found involved engaged in any unfair trade practices etc or if dealing with the said party is prejudicial to the interest of NFL which NFL may verify through its own sources
28 Offer should be valid for 90 days from the date of opening of tender
29 CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY
CIRCUMSTANCES
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 12 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Schedule II
GENERAL TERMS AND CONDITIONS (GTC)
ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD
SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo
Submission of tenders
1 SCOPE OF WORK
The job involves inter-alia
11 Unloading of gunny balesHDPEBOPP bags
12 Unloading of raw seed from truckstrolleys stacking into godown
13 Processing of raw seed which include the following operations
A Direct Packing which includes
Destacking of raw seed carrying of raw seed from godown to feeding
hoper of grading unit Processing grading of raw seed stenciling of seed
bags seed treatment putting the seed treatment chemical pouch
(including preparation of pouch from bags drum of seed treatment
chemicals) in seed bags Packing of Graded seed in NFLrsquos bag as per
State Seed Certification Agency norms Weighing stitching tagging
labeling sealing (Printed label Lead seal thread amp stencil shall provided
by Contractor However label design will be given by Company for
printing) and again shifting in to godown including lot wise seed sample
preparation for submission to State Seed Certification agency Collecting
packing weighing and properly storage of undersize rejections
Collection of empty bags bundling and stacking of bags in store
Lot wise loading of Undersizerejected seed in to trucks trolley
Replacement of cut and torn bags during operation
Segregation of seed lots from the stack due to rejection of lots in seed
testing by Seed Certification Agency Removal of tags lot wise and
defacing of seed bags and changing in to bulk packing
B Indirect Packing which includes
Lifting of raw seed from the stores to the feeding hoper of the grading
unit grading processing of raw seed bulk packing of graded seed
weighing and stitching of graded seed bags Shifting into godown and lot
wise stacking of graded seed Collecting of undersize rejected seed
weighing packing and properly storage of undersize Cleaning of godown
right from intake of raw seed till lifting of seed from the store
Lot wise lifting of graded seed from the stack move the stock to packing
floor treatment of seed as per certification norms preparation of seed
treatment chemical pouch from seed treatment chemical bagdrum and
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 13 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
putting in seed bags stenciling of bags preparation of tags and labels
Packing of certified seed lot wise as per State Seed Certification Agency
norms Weighing stitching tagging labeling and sealing (Printed label
Lead seal thread amp stencil shall provide by Contractor However label
design will be given by Company for printing) Shifting of packed seed
from packing floor to godown and stacking
(i) Packing in JuteBOPPHDPECanvas bags size 30-40 Kgs
(ii) Packing in JuteBOPPHDPECanvas bags size 11-29 Kgs
(iii) Packing in JuteBOPPHDPECanvas bags size 6-10 Kgs
(iv) Packing in cloth PolyCanvas bags size 1 - 5 Kgs
(v) Loading of Undersize into trucks or trolleys (on requirement basis)
Segregation Segregation of seed lots from the stack due to rejection of
lots in seed testing by State Seed Certification Agency
Re-grading Segregation of sample fail seed lot from the stack Lot wise
lifting of substandard graded seed from the stores to the feeding hoper of
the grading unit grading processing of substandard graded seed bulk
packing of graded seed weighing and stitching of graded seed bags
Shifting into godown and lot wise stacking of graded seed Collecting of
undersize rejected seed weighing packing and properly storage of
undersize Cleaning of godown right from intake of substandard graded
seed till lifting of seed from the store Loading of undersize into
truckstrolleys
Warehousing Storage charges per quintal of seed per month for actual
stored quantity( Insurance of stock shall be arranged by NFL)
Fumigation Fumigation and spray charges per quintal of seed stock
during storage period (Two fumigation One ndash Pre monsoon and Other
Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per
fumigation)Weekly spray for pest control from recommended pesticide
Loading of Seed Loading of Certified seed at the time of dispatches
14 Rates should be quoted on the basis of graded seed
21 The tender is to be submitted electronically No oral physical telephonic or
telegraphic tenders will be entertained
E-Tenders will be consisting of two-part bids as follows
(i) Techno-commercial Bid containing Bid Security Declaration as per
Annexure-IX along with one set of this tender document duly signed on
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 14 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
each page as token of acceptance of all terms and conditions The
Annexure-A along with all relevant documents and Un Priced
commercial bid as per Annexure-1 providing relevant information may
also be submitted Details of requirement of documents to be uploaded
are indicated in the Special Instruction to the Tenderers under
ldquoSubmission of Documentsrdquo The documents so uploaded are the
eligibility criteria for Technical Qualification of this NIT and
(ii) Price Bid containing price bid as per the Performa of price bid The
quoted price shall be filled online in separate price bid format
22 No amendments to the tenders will be allowed under any circumstances
after receipt of tenders
23 OWNER Owner means and include National Fertilizers Limited (NFL) its marketing division and any officer nominated on its behalf
24 CONTRACTORContractor means and includes the Firm Company
SocietyProprietary Partnership firm in whose favour Letter of Intent (LOI) issued by the authorized officer of the owner
25 CONTRACT Contract means and includes Notice Inviting Tender (NIT) amp
TCC general and special instructions issued from time to time by tenderer tender documents letter of acceptance of bid accepted schedule of rates formal agreement LOI and all these documents taken together and as modified from time to time in writing shall be deemed to form part of the contract and shall be complimentary to each other
26 If the Contractor has any blood relation with any of the officersemployees of
National Fertilizers Limited the Contractor must disclose such relations at the time of submission of tender failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract
27 If any information submitted by a bidder at the time of submission of the
tender is found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right remedies claims etc that may be available to National Fertilizers Limited
30 PERIOD OF CONTRACT
31 The period of contract shall be Two year from date of issuance of LOI which
can be extended further for a period of one year on the same rate terms and
conditions on mutual consent subject to satisfactory performance
32 Notwithstanding the aforesaid NFL shall have the right to terminate the
contract at any time before the expiry of the said period or extended period if
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 15 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
any as per clause herein if in the opinion of NFL the performance of
contractor is not satisfactory The opinion shall be conclusive and final and
shall not be open to challenge on any ground whatsoever Such termination
shall be effective from the date specified in the notice issued to the contractor
40 Duties and work of the contract shall comprise the following but not limited to
here as under
41 The contractors shall arrange to receive and process the raw seed in the
minimum possible time (before 31st August for Rabi crops and 31st March for
Kharif crops)
42 Seed shall be properly stacked to avoid any damage to the seed
43 Contractor shall be responsible for any loss damage shortage of seed due
to Contractorrsquos negligence or workers his employees
44 The contractor shall take adequate care and take all steps necessary to
ensure that the seed is protected from any damage during storage
processing and loading etc
50 The contractor will be solely responsible for any kind of losses arising due to
damage shortage undersize seed
51 The contractor shall be accountable for the total raw seed quantity in a
designated lot of the cropvariety
52 The contractor shall take all steps to prevent loss andor damage to the
seed being processed by him on behalf of NFL during the period seed is in
his chargecustody
53 Loss during processing shall be ascertained with reference to the total
received quantity of raw seeds and the certified foundation seeds packed
undersize quantity and admissible processing loss (dust dart and chaff
blown away during processing) according to SPU record a proper receipt
would be handed over to the contractor after completion of job by NFL staff
The allowable losses during processing storage shall not be more than1 of
the total received quantity of raw seed Any losses beyond the prescribed
limit shall be recovered from the billssecurity deposit of the contractor at
rates par with final procurement price given to the seed growers of that crop
variety and class (Breeder to Foundation Foundation to Certified) per
quintal The loss will be determined by NFL and its decision shall be final
54 The contractor shall be provided with number of JuteBOPPHDPECanvas
bags for packing of certified foundation seed lot wise and contractor shall be
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 16 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
required to give full account of the same in manner required by NFL
Misbranding over stenciling over writing on the bags during processing are
not allowed The cost of bags rejected due to the negligence of contractor
person will be recovered on purchase rates
60 NO CLAIMDEMAND FOR SUBMISSION OF BID OWNER shall be under no obligation to entertainaccept any claimdemand
of the bidder for the cost charges or incidentals for or in connection with the
preparation of and submission of tenders
(i) OWNER shall have the sole amp unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof No correspondencecommunication in this behalf from bidder shall be entertained
70 POSTPONEMENT OF TENDER OPENING DATE
The OWNER shall have rights to postpone the tender opening date andor time and place If any change with regard to opening of tenders is affected the same shall be intimated to all the bidders well in time along with intimation of revised tender opening date amp time
71 The Techno-commercial bids and price bids shall be opened in the presence of the bidders who may wish to be present The bidders may appoint their authorized representatives by due authorization which shall be required to be produced on demand
80 ACCEPTANCE REJECTION OF BIDSTENDERS
To accept or reject any bid in whole or in part shall be the sole discretion of OWNER The OWNER shall not be liable to specify reasons of such acceptancerejection No further communication in this regard from the tenderers shall be entertained
90 VALIDITY OF BIDS
The Tenderers offer price shall be valid for at least 90 (ninety) days from date of opening of Tender
10 BID SECURITY DECLARATION
Tenderer should submit bid security declaration on letter head as per format given in Annexure-IX Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever
110 In case tenderers desire any clarification to any tender condition or other
related aspect Zonal Manager (Mktg) National Fertilizers Limited may be
contacted The Phone Nois 0172-2703714 271693
120 QUANTITY -
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 17 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
121 Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
122 The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
123 The tenderer shall indicate in the prescribed format the rates as per
Schedule of Rates (SOR) quantity that can be handled for warehousing and processing and the rate in Rs per quintal
124 The Graded seed shall be packed in NFL bags in conformity with the
standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
130 DELIVERY PERIOD -
131 Tenderers are required to Store and Process total quantity allocated by the
Owner in each lot within the period stipulated However it may be clearly
understood that after expiry of validity of the contract no Grading will be
permitted to the contactor
132 Timely delivery shall be considered as the essence of the contract The
actual date of receipt of the raw seed in the godown will be the basis for
determining warehousing charges
140 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated
period ie 31st August for Rabi crops and 31st March for Kharif crops NFL
shall have the right to exercise either or all the following options
(a) To treat the default as breach of contract and to terminate the
contract forthwith forfeiting security deposit and taking other action
against the Contractor within the provisions of contract
(b) If the seed is not processed as per the specified scheduledate as
mentioned above NFL reserves the right to accept the seed after
imposing the penalty 1 of the Work Order value for every week or
part thereof the period of delay from the delivery period subject to
maximum of 10 of the total value of work order
(c) The OWNER shall have the right to get the job in full or part thereof
at the risk and cost of the Contractor in case Contractor fails to
process the allocated quantity within the specified time
140 QUALITY -
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 18 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
141 Only the lot cleared by the State Seed Certification Agency (SSCA) shall be
accepted by NFL
142 The seed shall be processed and packed as per SSCArsquos requirement at the
Tenderers premises at offered rates NFL will have right to inspect the
operation from time to time
150 PACKING -
Certified Seed would be supplied in packing sizes as desired by NFL in
conformity with standard norms laid down for production of certified seeds
Bags would be arranged by NFL with printing in NFL Brand
NameDesignPrint
160 PRICE -
161 The price (in Rs Per Quintal) to be quoted by the Tenderer shall be the rate
charged by the Tenderer for Processing of finally cleaned graded and
packed Certified Seed Price quoted shall be inclusive of all charges like
service tax duties levies GST and all other statutory levies as imposed by
statecentral government and local authorities from time to time
162 Tenderers are required to submit Bid as per lsquoSORrsquo enclosed duly signed and
stamped by authorized signatory in a separate sealed cover indicating name
of the company on the envelop
163 Schedule of Rates (SOR)-
a The rate shall be quoted by the Tenderer as per Schedule of Rates (SOR)-
Annexure-B The rates quoted shall be inclusive of all the charges taxes
duties levies and all other Statutory levies as imposed by State Central
Government and Local Authorities from time to time except GST GST if
applicable shall be payable extra at applicable rates The Contractor shall
split its full bill as per price finalized
b The tenderer shall quote single rate against each item (s) and not the multiple
rates for any item will be summarily rejected Rates should be quoted strictly
as per the Performa enclosed for SOR
c If the tenderer does not quote for any item (s) it may be noted that evaluation
of the bid of such tenderer shall be based on highest rates quoted by other
tenderer for that particular items (s) However in case such tenderer stood
overall lowest order shall be placed for items (s) based on the lowest rate (s)
quoted by other tenderer
d NFL reserves the right without assigning any reason to accept or reject any
tender in part or full or to process any quantity in excess of the tender
quantity NFL is not bound to accept the lowest offer
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
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SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 19 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
e The lowest rate tenderer (L-1) shall be considered purely based on offered
rates as elaborated in Annexure-B ldquoSchedule of Ratesrdquo
170 PAYMENT TERMS -
171 90 payment of seed processing will be released within 30 days from date of
receipt of Processed Seed in NFLrsquos Godown along with claim bills and
fulfilling other requirements The balance 10 payment for seed processing
will be released after successful completion of particular season to be
certified by NFL representative Payment of Warehousing will be made on
monthly bill basis on actual quantity of Seed Stored Payment of
loadingunloading fumigation segregation amp packing will be made on
monthly bill basis on production of claim bills and fulfilling other requirements
Calculation for warehousing bill shall be on day basis
172 No other expenditures shall be permitted in the claim bill except of effect of
any change in taxes or levies as imposed by State Govt or Central Govt or
by local body authority
173 The quantity and value are indicative only Payment will be made on the
basis of actual work carried out Final contract value may change on the
basis of quantity and final rates of work order
180 SECURITY DEPOSIT
181 The successful tenderer would be required to make security deposit 3
value of contract
182 The Security Deposit may be made by way of Bank Guarantee (as per
Annexure-IV) from Scheduled Bank (excluding Rural Co-operative Banks) in
favour of National Fertilizers Limited for due amp faithful performance of the
contract The security deposit will be required to be submitted within 10 days
from the date of issuance of Letter of Intent
The Bank Guarantee shall be in such form and manner as may be approved by the Owner (Performa enclosed) Annexure- IV The Security Deposit submitted by the Tenderer shall be valid for the contract
period as finalized with the Owner with a claim period of six (06) months from
the date of the expiry of validity of the contract The tenderer may also submit
security deposit through RTGSNEFT charges if any shall be borne by the
tenderer NFL`s bank account for RTGSNEFT are as follows
a) Beneficiary name- National Fertilizers Limited
b) Name of Bank amp branch- State Bank Of India SME Branch Chandigarh
c) Ac No- 10848032070
d) IFSC- SBIN0011705
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 20 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
183 The bank guarantee should be submitted by bankers directly to NFL in a
sealed envelope and not through any vendorContractor The bidder shall
also arrange to send BG advice (including all amendments) by their issuing
bank through SFMS platform directly to NFL Banker ie ICICI Bank Ltd K1
Senior Mall Sector-18 Noida UP-201301 IFSC Code- ICIC0000031 as per
following details
(i) IFN 760 COV for issuance of bank guarantee
(ii) IFN 767 COV for amendment of bank guarantee
(iii) Issuing bank shall mention IFSC Code as ICIC0000031 in field 7035 of
IFN 760 COVIFN 767 COV
(iv) Issuing bank shall mention NFL beneficiary code as
ldquoNFLNATIONAL04022015rdquo in field 7037 of IFN 760 COVIFN 767 COV
184 The above deposit shall be deemed as security for faithful performance of the
contract or for the purpose of Section 74 of Indian Contract Act 1872 and for
the extension of that Section The contract shall be deemed as Bond given by
the Contractor for the performance of an essential duty
185 If the Contractor fails to perform the contract within its terms and conditions or
commits breach or deviates from any of the terms of the contract the Owner
shall have the right to forfeit Security Deposit or to encash the Bank
Guarantee along with recovery of advance deposited by the Owner with
interest
186 The security deposit shall be released by the Owner to the Contractor on
successful completion of the contract and settlement of dues whether payable
or recoverable In the event some amount is due from Contractor and the
same is not paid by Contractor for any reason the amount shall be recovered
from security deposits as indicated above
187 The security deposit in any form shall not carry any interest
190 Statutory deductions on account of Income Tax GST etc at source (ie TDS-IT TDS-GST TCS and TDS 194 Q) plus surcharge thereon (if any) at the applicable rates of the Gross Value of the Bill shall be made from the Contractorrsquos bills for depositing the same with respective Statutory Authorities as per the provision Acts and guidelines issued by Government Of India
200 STATUTORY CLEARANCE -
The Contractor shall arrange all applicable clearances from the concerned
statutory authorities in relation to the Gradingprocessing of seed under the
contract
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 21 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
210 WEIGHMENT BILLING -
Weighment of the seed to be supplied after processing to the Owner shall be
made on the basis of number of bags of stipulated sizecapacity received in
the Owners Store The Contractor shall be fully responsible for shortages
observed upon receipt of material in intact bags if any The Owner shall be
within its rights to reject such lots not conforming to weight specifications as
laid down in SEED ACT or may decide to get the consignment standardized
at the cost and expense of Contractor
220 The Contractor shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules regulations bye-laws and orders of the local authorities as may be in force from time to time with regard to processing packaging of seeds etc
230 SECRECY -
Any information derived or otherwise communicated by the Owner to the
Contractor in connection with the contract shall be kept treated as secret and
shall not without written consent of the Owner be published or disclosed to
any third party or made use of by the Contractor except for the purpose of
execution of the contract
240 The Contractor shall not sublet or assign the contract or any part of it to the
third party without obtaining the written consentpermission from the Owner in
advance
250 All correspondence shall invariably bear reference to the contract number and
date All notices complaints communications and references under this
contract shall be serveddelivered by registered post or by hand at the
address given hereunder -
Address of the Owner Zonal Manager (Mktg) National Fertilizers Limited SCO 76-79Sector 17-D Chandigarh Landline - 0172-27037142701639
In case the communications are exchanged by any means other than
registered post a confirmation copy by post will be sent
260 Force Majeure -
Neither party shall be liable for any claim on account of any loss damage or
compensation whatsoever arising out of any failure to carry out the terms of
this contract where such failure is caused due to war rebellion mutiny civil
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 22 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
commotion fire riot earthquake drought floods crop failure or act of God or
due to any restraint or regulation of the state or Central Govt or a local
authorityauthorities The Party so affected shall give a notice of such
occurrence to the other party in writing within 10 days from the date of
occurrence the force majeure condition furnishing there with documentary
evidence supporting the invoking of the force majeure On cessation of the
force majeure the party invoking force majeure shall inform the other party of
the period for which force majeure condition continued and shall also give
documentary evidence thereof to this effect Should one or both the parties
be prevented from fulfilling their contractual obligations by a state of force
majeure lasting continuously for a period of 3 months both the parties shall
meet and decide about the future course of action for implementation of the
contract
270 SETTLEMENT OF DISPUTES
271 For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this
contract or the validity or the breach thereof shall be resolved amicably
through negotiations by the parties A ldquoNotice of disputerdquo shall be given by the
party seeking resolution of a dispute to other parties If the dispute is not
resolved within in (30) Thirty days from the notice the dispute shall be
referred to Arbitration as per the procedure mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration does not exceed Rs 5 Crore the
reference shall be made to a sole Arbitrator The parties shall mutually agreed
on the name of the sole Arbitrator In case of disagreement upon the name of
the Sole Arbitrator the appointment of sole Arbitrator shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to
the date of commencement of Arbitration exceeds Rs 5 Crore the reference
shall be made to arbitral tribunal consisting of three Arbitrators Each party
shall nominate one Arbitrator each within 30 days from the date of receipt of
notice of invocation of Arbitration and two nominated Arbitrators shall appoint
the presiding Arbitrator within 30 days thereafter If a party to the dispute
refuses or neglects to nominate an Arbitrator on its behalf within the period
specified or the two Arbitrators fails to nominate presiding Arbitrator
appointment of Arbitrator(s) shall be done in accordance with the provisions of
the Arbitration and Conciliation Act 1996
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 23 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act 1996 and any further statutory modification or re-enactment
thereof and the rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award
interest on the Awarded amount more than the rate SBI PLRBase Rate
applicable to NFL on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
272 For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs
and Government Department(s)Organization(s) ( other than those related to
taxation) such dispute or difference shall be taken up by the either party for
resolution through AMRCD as mentioned in DPE OM No 4(1)2013-
DPE(GMFTS-1835 dated 22052018
280 JURISDICTION OF COURT -
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and
proceedings arising out of or relating to the contract (including any arbitration
in terms thereof) shall lie only in the court of a competent civil jurisdiction in
this behalf at Chandigarh and only the said Court (s) shall have jurisdiction to
entertain and try such action(s) andor proceeding(s) to the exclusion of all
other Courts
290 SAC CODES The bidder shall indicate the rates of GST applicable in their
bid for the quoted items indicating clearly the SAC code of servicesitem and
applicable category of GST (ie whether IGST CGST SGST UGST)
BidderVendor shall have valid GSTINGST Provisional ID and provide
InvoiceBill and all other documentation in such form and manner as maybe
prescribed under the GST Act and Rules which are inter-alia necessary to
enable NFL to claim input tax credit set off rebate or refund in relation to
payment of GST
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 24 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
300 NO WAIVER -
Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve exempt or affect in any manner the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement
310 INDEMNITY -
The Contractor undertakes to indemnify the Owner for all claims for injury caused to any person whether a workman or not while in or upon the site of the same and the said Owner shall not be bound to defend any claim brought under the Workmanrsquos Compensation Act
320 GENERAL -
321 Submission of tender document shall not create any contractual right in favour
of either party unless a LOI is issued by the Owner These terms herein shall
be part of LOI until and unless specifically provided otherwise in the LOI
322 Contract agreement as specified in this tender needs to be executed within 10
days of acceptance of LOI Until a formal contract (Annexure-X) is signed the
LOI and acceptance of the same will constitute a binding contract
330 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
331 Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction in case of a
company) or is ordered to be wound up or has a receiver appointed on its
assets or execution or distress is levied upon all or substantially all of histheir
assets or property on the works or
332 Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of
histheir creditors or
333 Abandons the work or
334 If the seller makes default in supply of material as per terms of the contract
No claim or compensation shall be payable by NFL as a result of such
termination or
335 Assigns or in part thereof without written permission of Owner
336 Performance is not satisfactory or
337 If the Contractor obtains the contract with NFL with illegal measures or
338 Information submittedfurnished by the contractor is found to be incorrect or
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 25 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
339 If during any period of contract liquidated damages amount exceeds 10 of
the contracted value which is the maximum penalty leviable for shortdelayed
processing or any other reasons NFL would be within its rights to terminate
the contract and no claim compensation shall be payable by NFL as a result
of such termination
3310 The above shall be without prejudice to NFLrsquos other rights under the law
340 CONSEQUENCES OF TERMINATION
341 The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
342 The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
343 Security Deposit in any form submitted by the Contractor shall stand forfeited
340 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
350 Insurance of stock shall be arranged by NFL
360 DELISTING AND BLACKLISTING OF PARTIES
a) Delisting of Parties
In case a bidder repeatedly fails to perform causes abnormal delays fails to
rectify settle discrepancies in the execution of the contract within a
reasonable time the particular bidder shall be delisted from the approved list
of the parties for a limited period of one or two years after giving due notice
for non-performance and notice of default Delisting should be done on the
basis of recommendations of the executive department and concurrence of
Finance Dept and approval of concerned Functional Director Such action
against the bidder will be communicated along with the brief of the case to all
the unit heads and may be further communicated to all HODs However
such a bidder shall be allowed to execute existing WOContracts which
waswere issued prior to delisting
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 26 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
After the delistment period is over the delistment shall be automatically
Considered as over and no further approval shall be required for restarting
Issuance of enquiriesWOs to such parties provided they otherwise qualify
for such issuance of enquiriesWOs
In case of review of parties list delisted parties shall not be removed from
the lists on the grounds that they have been delisted earlier but clear
Remarks about a particular party being delisted be given recorded in
Approved parties lists
b) Permanent Delisting of parties
In case a delisted party again fails to perform and is required to be again
delisted within a period of two years from the date of revocation of delisting
such party shall be permanently delisted after giving due notice of non-
performance and notice of permanent delisting Such party shall not qualify
for automatic enlistment again unless approval of next higher authority (to
the authority that approved permanent delisting) is obtained after recording
valid reasons for again enlisting such party Permanently delisted parties
shall not be retained on the parties contractorrsquos list Separate list of such
parties shall be maintained along with the black listed parties
c) Blacklisting of parties
In case a bidder is found guilty of bribery corruption dishonesty mal-
practice submission of forged documents misrepresentation fails to refund
the amount due to the company fails to return the balance material issued
for execution of the jobs such parties shall be black listed This shall be on
the basis of recommendation of the executive Dept concurrence of Finance
Dept and approval of the concerned Functional Director in the case of
Corporate Office Action taken against such a bidder shall be intimated to all
the Unit Heads who will follow the decision to black list the parties in their
respective units Vigilance Dept shall also be informed about this action
(through endorsement of copy of decision to CO) along with the brief of the
case for informing the other agencies as required
Revocation of blacklisting shall be with the concurrence of FampA Department
and with the approval of next higher authority (to the authority who approved
black-listing) However CampMD can approve revocation for the blacklisting
done with his approval
d) The concerned party shall be informed about the action taken regarding
delisting permanent delisting black listing and also for revocation of such
action by NFL
370 MSMED Declaration
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 27 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
In case the bidder is registered as MICRO SMALL or MEDIUM Enterprise
under lsquoThe Macro Small amp Medium Enterprise Development Act 2006
(MSMED Act)rsquo promulgated by Government of India vide Notification dated
16062006 please indicate the relevant category in your offer in Annexure
V and also enclose a copy of the valid certificate issued by the concerned
authorities Please also indicate whether the MSMEs owned by SCST
Entrepreneurs If yes please attach relevant certificate issued by authorities
concerned However NFL reserve the right to cancel the order (if any) and
blacklistdebar a firm for a period of three years in case it is determined that
the firm benefitted wrongly from the Public Procurement Policy
380 Make in India -
Provisions of Public Procurement (Preferences to Make in India) Order 2017
notified vide Order No P-4502122017-BE-II dated 15th June 2017 of DIPP
and subsequent orders issued shall be applicable in this tender
Bidders seeking benefits under 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 as per latest
amendment
390 Purchase Preference Benefit -
Provisions of Public Procurement (Preference to make in India) order 2017
notified vide order no P-4502122017 BE-II dated 15th June 2017 of Ministry
of Commerce and Industry Department of Industrial Policy and Promotion
(DIPP) shall be applicable and subsequent orders issued shall be applicable
in this tender
391 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 as per latest amendment (a) Minimum local content - The lsquolocal contentrsquo requirement to categorize a
supplier as lsquoClass-I local supplierrsquo is minimum 50 For lsquoClass-II local
supplierrsquo the local content requirement is minimum 20
392 Being domestic tender only lsquoClass-I Local supplierrsquo and Class-II Local Supplier as defined in ldquoPublic Procurement (Preference to Make in India) order 2017rdquo dt 16092020 shall be eligible to bid in this tender In case of procurement for a value up to Rs10 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 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 Rs10 crore the local supplier
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 28 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
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 Accountant or practicing Chartered Accountant (in respect of supplierrsquos other than Company) giving the percentage of local content
393 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
(Signedstamped copy on party Company letter head the as per enclosed Annexure-VIII is to
be submitted)
Note In case raw seed bags are provided by Seed Processor instead of Seed
Grower then Rs 18- Per Quintal (inclusive of GST) shall be paid to seed
processor
ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE
ACCEPTABLE TO ME US
FOR AND ON BEHALF OF THE FIRMCOMPANY
Signature ____________________
Name of Authorized Person____________________
Company Name ___________________
Firm Company Seal ____________________
Annexure A
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 29 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR WAREHOUSING AND SEED PROCESSOR
1 DETAILS OF THE FIRMPARTY
(i) Name of the FirmCompany (ii) Address of the FirmRegistered Office (iii) Phone Number (iv) Mobile Number (v) Email Address
2 (i) Address of Works (Processing Plant)
(ii) Name of Contact person (iii) FAX Number (iv) Phone Number
3 History and Organizational Structure of the Organization
(i) Year of Establishment of the firm (ii) Status of the Firm ProprietorshipPartnershipPrivate
LimitedCooperative Society (iii) In case of Proprietorship
Name of the Proprietor ShSo
Sh
(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor Son of Name of the Firm amp Resident of)
(iv) In case of Partnership Name of all the Partners
1 ShSo Sh
2 ShSo Sh
3 ShSo Sh
(Enclose dated Notarized copy of Partnership Deed with recent date of
Notarization on each page)
(Submit Latest dated Notarized Affidavit by Partners that there is no change
in the current status of the firm in the format given in Annexure-B)
(v) In case of PublicPrivate Limited Company Name of the 1 ShSo
Sh
SubscribersDirectors 2 ShSo
Shhellip
Name of the Managing Director 3 ShSo Sh
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 30 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(Enclose copy of MOAArticles of Association and List of Directors)
(vi) In case of Cooperative Society Name of the President 1 ShSo Sh
(Enclose copy of Bye LawsResolution Details of Elected Body)
4 AuthorizationResponsible Person for day to day activities
(i) Name of the Responsible Person - ShSo
(Enclose dated Power of AttorneyNotarized Affidavit as per Annexure-III by ProprietorPartners Authorizing the responsible person of the firm for day to day activities In case of Limited Company enclose copy of Resolution)
4 Details of Sister ConcernsGroup of FirmsCompanies having Common PartnersDirectorManaging Director with the Applicant as on date
Name of the
FirmAssociate
Common
PartnersDirectors
Percentage
of Interest
Type of
Business
Date of
Constitution
of Firm
(i) Submit dated Notarized Affidavit as per format given in the Annexure-
B regarding Non-Participation of Sister Concerns under same
Management in the PrequalificationTender
(ii) Submit a certificate from an independent Chartered Accountants
furnishing the names of any associated units of applicant or names of
any unit in which any of the directors partners of the applicant has any
interest
6 Give details If you or your Sister concern is dealing with NFL as-
- H amp T Contractor - Dealer - Private Godown - Related to any NFL EmployeeEx-Employee
7 COMMERCIAL DETAILS
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 31 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Registration with Statutory Authorities
Subject Registering Authority
Address of Registering Authority
Registration Number
Date of Registration
Validity Period
In case of Partnership Firm whether registered
(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES (SSCA)
- Type of Seed
- Registration No
- Date of Registration
In case of PublicPrivate Limited whether registered with Registrar of Companies
Registration with State Government
Registration with SSI
Registration with NSIC
Registration with ESI
Registration with Service Tax Authority
Registration with Deptt of Agriculture
Any other Registration
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 32 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
- Validity Period of Registration
(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed
- Registration No
- Date of Registration
- Validity Period of Registration
- Seed Grading Capacity TPH
(iii) SEED LICENCE FROM DEPUTY DIRECTORSTATE AGRICULTURE AUTHORITY DISTRICT
- License Number
- Date of Issue of License
- Validity Period of License
- Type of seed
- Licensed capacity in Quintals
(iv) Labor License NoCertificate (v) Provident Fund Account No (vi) ESI number (vii) VAT Number (viii) PAN Number (ix) ISO certification if obtained (x) Any other certificationAccreditations give details
(Submit attested copies of documents of (i) to (x) as above by Notary)
8 Actual Processing of Seeds for last 3 years (in Qtls)
Year Type of Seed Processed during Kharif
Processed during
Rabi
2018-19
2019-20
2020-21
9 GST Number
10 Details of Bank Account -
(i) Name of the Bank and Branch
(ii) Account Number
(iii) Type of Account (CCODCurrentSaving)
(iv) Facilities enjoyed
(v) Status of the Firm as per Bank Records and
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 33 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vi) IFSC of Bank
(vii) Authorized Signatory of Bank Account
(viii) Average Monthly Transaction
(Submit Bank Solvency Certificate in Original covering all above aspects by
NationalizedScheduled Bank)
11 Capital Investment in Lacs - Rshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
12 Balance Sheet for the previous three financial years
Year Submitted YesNo
2017-18
2018-19
2019-20
(Enclose Self Attested copies of Balance Sheets for last three financial
years)
13 Income Tax for the previous three Assessment years
Year Submitted YesNo
2017-18
2019-20
2020-21
(Enclose Self Attested copies of Income Tax ReturnsITCC for last 3
Assessment years)
14 TECHNICAL DETAILS
(i) Plant amp Machinery Details
Details of Plant operation
a) Raw seed section
b) Processing section
- Technological support (name of the company)
c) Testing Methods
- Methods of testing quality
- Equipmentrsquos used for testing
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 34 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
d) Bagging Operations
-Methods of measurement (Automatic manual)
e) Storage facilities
- Covered storage area (Quintals)
-Open storage area (SqM)
f) Power back-up
Generator set with Company
(Enclose undertaking as per Annexure VI)
(ii) ExperienceDetails
Give details of previous experience for similar jobs with other reputed companies of PublicPrivate SectorCooperativeGovt Department and current enlistmentregistration GovernmentPSULarge
Fertilizers CompaniesChemical PlantsInspection Agencies etc
Name of the PSUGovt Department etc Type of Seed Year
From To
(Enclose OriginalAttested Copies of -
- Work OrderPurchase Order copies executed for reputed
Companies like PublicPrivate SectorsCooperativeGovt
Department etc for last 2 years)
- Current EnlistmentRegistrationPrequalification
- Performance Certificate from reputed Companies
15 Give details if your firmsister concernAssociate belonging to same group
has ever been delisted or put on holiday or black listed by any
PSUCooperativePrivate Sector CompanyGovt Department by any
Organization during last Two years
Name of the FirmSister
Concern
Period of Delisting or
Blacklisting
By Whom Name of PSU
Organization etc
(Submit Affidavit as per Annexure-B)
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 35 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
16 Details of Man Power under Disposal of the Firm
Designation of Staffworkers Number
17 Details for E PaymentsE Receipts
Name and
address of Bank
Branch Code IFSC Code of Bank Bank Account
Number
18 Following Documents are enclosed -
(i) Sole Proprietor AffidavitPartnership DeedMOMAOA YESNO
Copy of Bye Laws (as per SrNo3 of Annexure-A)
(ii) Notarized dated Affidavit with complete details YESNO
as per Annexure B
(iii) Certificate from Chartered Accountant regarding interest of
PartnersDirectors in any other Associated or Sister concernfirm (Sr
No 5(ii) of Annexure-A) YESNO
(iv) Original Bank Reference Letter Solvency Certificate YESNO
(as per SrNo10 of Ann-A)
(v) Original Experience Certificate YESNO
(vi) Self Attested copies of Balance Sheet along with PampL Account
For last 3 financial years YESNO
(vii) Self-Attested copies of ITRAssessment Orders for last
3 Assessment years YESNO
(viii) Self-Attested copies documents given in SrNo7
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 36 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) to (x) of Annexure-A YESNO
(ix) Undertaking as per Annexure VI YESNO
21 Any Other Information
(Note In case any of the above documents is not enclosed please give
specific reasons)
Certified that the particulars furnished above are true to the best of myour knowledge and belief In case any of the above informationdocuments are found to be incorrect my application can be rejected without any claim whatsoever
Date (Signature of the
Party)
Place with stamp
_________________________________________________________________
In case of Proprietorship Firm - The Proprietor is to sign the Tender form
In case of Partnership Firm - All the partners should sign the Tender form
In case of Limited Firm - Managing Director should sign the Tender form
In case of Cooperative - President should sign the Tender form
_________________________________________________________________
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 37 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-B
ON NON JUDICIAL STAMP PAPER (Rs50-)
AFFIDAVIT
I So Shri
aged years residing at
(address) working as Proprietor PartnersDirector of Ms
having its registered
Office at do hereby solemnly affirm and
declare on oath as under-
1 That I amWe are Competent to swear this Affidavit being
ProprietorPartnersDirector of Ms
2 That myour Firm Ms is a
ProprietorshipPartnership FirmCompany is participating in tender for
Prequalification of Certified Seeds Processor
3 That we the partners of Ms a Partnership Firm
confirm that there is no change in the status of the Partnership Deed
dt
4 That I the Proprietor ShWe the
Partners amp
Authorize Sh So to work with NFL
on behalf of Ms
5 That IWe hereby confirm and declare that no other FirmSister
concernAssociates belonging to same group are participatingsubmitting this
Prequalification tender
6 That IWe hereby confirmdeclare that the bidders their associates sister
concern etc belonging to the same group have not being black listedde-listed
or put on holiday by any institutional agenciesGovt DepttPublic Sector
Undertaking or any organization etc in the last TWO years
7 That any licenses statutory obligations that expire during the contract period
shall be duly renewed by the Contractor without any lapses
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 38 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
8 Details of sister concerns as on date is given below-
Name of the
firm
(Sister
Concern)
Year of
Establishment
Type of
Business
Common
Partners
Directors
Details of
Association
age of Interest of
Partners
9 That IWe further undertake that in case any of the facts contained above and
in our application is found otherwise or incorrect or false at any stage myour
firmcompanygroupsister concernsassociate companies shall stand
debarred from the present and future tenders of the NFL
(Signature of the ProprietorPartnersDirector with Seal)
DEPONENT (S)
Verified at on
that the contents of para 1 to 9 of this Affidavit are true and correct to the
best of my knowledge and no party of this is false and nothing has been
concealed or falsely stated therein
(Signature of the ProprietorPartnersDirector with Seal)
Date DEPONENT (S)
___________________________________________________________________
__
In case of Proprietorship Firm - the Proprietor is to submit the Affidavit
In case of Partnership Firm - All the partners should submit the Affidavit
In case of Limited Firm - Managing Director should submit the Affidavit In case of Cooperative - President should submit the Affidavit
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 39 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-I
Un-priced Bid
SCHEDULE OF RATES (Not to be quoted in this format)
IWe have carefully gone through the terms and conditions prescribed for entering a contract as indicated in tender documents for Custom Hire Processing and Storage of raw seed and graded seed and fully accept them MyOur lowest and firm rates for different work items relating to NFLrsquos Custom Hire Processing and Storage work of seed at my Processing plantunit are quoted as under (I) Unloading operations in direct and indirect packing
Sr N
Description of work (items)
Estimated Quantity (A)
Rate in Figures Rs per baleQtl (B)
Rate in word Rs per baleqtl
Total Value Rs In figure (AB)
Total value in word Rs
1 Unloading of gunny balesHDPEBOPP bags
360 Bale Per Bale Xx Xx Xx
2 Unloading of raw seed from trucks stacking in to godowns
80000 Qtl Per qtl Xx Xx Xx
(II) Direct Packing
S No Description of work (items)
Estimated Quantity (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figure (AB)
Total value in word Rs
3 Direct Packing
1(a) Destacking of raw seed carrying of raw seed from godown to feeding hoper of grading unit Processing grading of raw seed stencilling of seed bags seed treatmentputting the seed treatment chemical pouch (including preparation of pouch from bagsdrum of seed treatment chemicals) in seed bags
1(b)Packing of graded seed in NFL`s bag as per State Seed
Xx
Xx
Xx
Xx
Xx
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 40 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Certification Agency Norms Weighing stitching tagging labelling sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by company for printing) and again shifting in to godown including lot wise seed sample preparation for submission to State Seed Certification Agency Collecting packing weighing and properly storage of undersize rejections
2 Collection of empty bags bundling and stacking of bags in store
Xx Xx Xx Xx Xx
3 Lot wise loading of Undersizerejected seed in to trucks trolley
Xx Xx Xx Xx Xx
361 4 Replacement of Cut and torn
bags during operation Xx Xx Xx
Xx Xx
(III) Indirect Packing
S No
INDIRECT PACKING Estimated Qty (Qtl) (A)
Rate in Figures (RsQtl) (B)
Rate in Words (RsQtl)
Total Value Rs in figures (AB)
Total value in word Rs
4 (A)Lifting of raw seed from the stores to the feeding hoper of the grading unit grading processing of raw seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of raw seed till lifting of seed from the store
80000 Xx Xx Xx Xx
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 41 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(B) Lot wise lifting of graded seed from the stack move the stock to packing floor treatment of seed as per certification norms preparation of seed treatment chemical pouch from seed treatment chemical bagsdrum and putting in seed bags stencilling of bags preparation of tags and labels Packing of certified seed lot wise as per State Seed Certification Agency norms Weighing stitching tagging labelling amp sealing (Printed Label Lead seal thread amp stencil shall provide by Contractor However label design will be given by Company for printing) Shifting of packed seed from packing floor to godown and stacking
70400 Xx Xx Xx Xx
i) Packing in JuteBOPPHDPECanvas bags size 30-40kgs
70000 Xx Xx Xx Xx
ii)Packing of JuteBOPPHDPE Canvas bags size 11-29 Kgs
0000 Xx Xx Xx Xx
iii) Packing in JuteBOPPHDPECanvas bags size 6-10kgs
0000 Xx Xx Xx Xx
iv)Packing in Cloth PolyCanvas bags size 1- 5 Kgs
40000 Xx Xx Xx Xx
(C) Loading of Undersize into trucks or trolleys (on requirement basis)
Xx Xx Xx Xx Xx
5 Segregation Segregation of seed lots from the stack due to rejection of lots in seed testing by Seed Certification Agency Removal of tags lot wise and defacing of seed bags and changing in to bulk packing
Xx Xx Xx Xx Xx
6 Re-grading Lot wise lifting of substandard graded seed from the stores to the feeding hoper of the grading unit grading processing of substandard graded seed bulk packing of graded seed weighing and stitching of graded seed bags Shifting into godowns and lot wise stacking of graded seed Collecting of
Xx Xx Xx Xx Xx
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 42 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
undersize rejected seed weighing packing and properly storage of undersize Cleaning of godowns right from intake of substandard graded seed till lifting of seed from the store Loading of undersize into truckstrolleys
7 Warehousing
Storage charges per quintal of seed per month for actual stored quantity( Insurance of stock shall be arranged by NFL)
150400 xx xx xx xx
8 Fumigation
Fumigation and spray charges per quintal of seed stock during storage period (Two fumigation One ndash Pre monsoon and Other Post monsoon) for Wheat and Gram Crop only (Rate to be quoted per fumigation) Weekly spray for pest control from recommended pesticide
80000 xx xx xx xx
9 Loading of seed
Loading of Certified seed at the time of dispatches
70400 xx xx xx xx
10 TOTAL Projected VALUE OF
CONTRACT (Rs)
15847200 xx xx xx xx
11 Estimated Rate ( RsQtl ) 22510 xx xx xx Xx
Note
1 Quantity of Raw Seed may vary depending upon the climatic conditions approximately
quantity will be 40000 QtlsYear
2 The quantity and value are indicative only Payment will be made on the basis of actual
work carried out Final contract value may change on the basis of quantity and final
rates of work order
3 Tenderers are requested to quote prices separately for all serial numbers of the above
table
4 Incomplete tenders in any respect andor with deviation are likely to be rejected
5 The rates quoted shall be inclusive of all the charges taxes duties levies and all other
statutory levies as imposed by StateCentral Government and Local Authorities from time
to time except GST GST if applicable shall be payable extra at applicable rates
6 If quoted rates differ in figure and words the rates given in words shall be considered for
evaluation
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 43 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Name of the Tenderer Company ________________________
Status
CompanyFirmProprietorshipsCo-operativeOthers
Address of tenderer ________________________
Name of the person signing on ________________________
behalf of the tenderer
Designation of the person __________________________
(Signature with full name and seal of the tender)
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 44 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-II
PROFORMA FOR AUTHORISATION
LETTER HEAD
TO WHOM SO EVER IT MAY CONCERN
To National Fertilizers Limited Date___________ helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphellip I ____________________SO ___________________aged_________years
am Proprietor Partner Director of the above company do hereby authorize
Sh _________________SO ________________________ aged ________
years to represent the company for the purpose of discussions negotiation for
Tender No_______
(Full name amp Signature) With Stamp (Signature of Sh___________) The above signature of Sh__________________ is hereby attested
(Full name amp Signature)
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 45 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - III
BANK REFERENCE LETTER
(On Bankrsquos Original Letter Head)
Certified that Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipat (address) helliphelliphelliphelliphelliphelliphelliphelliphelliphellip is
having an account in our bank as per following particulars -
1 Type of Accounthelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (Cash-Credit Current
Savings)
2 Bank Account No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipIFSC CODEhelliphelliphelliphelliphelliphelliphelliphellip
3 Cash-Credit OD Limit (If any)helliphelliphelliphellipNO YES for Rs helliphelliphelliphelliphelliphelliphelliphelliphellip
4 Since when holding Account helliphelliphelliphelliphelliphelliphelliphelliphellip
5 Financial Standing amp Soundness helliphelliphelliphelliphelliphelliphelliphellip SOUND POOR
6 Dealing amp Conduct of the Partyhelliphelliphelliphelliphelliphelliphelliphelliphellip Satisfactory Un-satisfactory
7 Authorized Signatory of the Bank Account of Party
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
8 The Status of the Firm as per Bank Records PROPRIETORSHIP
PARTNERSHIPhelliphelliphelliphellip
This is issued on the request of Sh helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip for submission
in NFL office
(Sign of Bank Manager)
Stamp and Authorized
No
Date
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 46 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Place
Annexure ndash IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Whereas National Fertilizers Limited (hereinafter referred to as the ldquoOwnerrdquo which
expression shall unless repugnant to the context or meaning thereof include their
legal representatives successors and permitted assigns of the one part) having their
Regd Office at Core-III SCOPE Complex Lodhi Road New Delhi and Central
Marketing Office at A-11 Sector-24 NOIDA Distt Gautam Budh Nagar (UP) have
entered into an agreement dated __________ with
____________________(hereinafter referred to as ldquoContractorrdquo which expression
shall unless repugnant to the context or meaning thereof include their legal
representative successors and permitted assigns of the other part) having their Reg
Office at__________________
AND whereas one of the conditions of the said agreement is that the Contractor
shall furnish to the Owner a Bank Guarantee from Scheduled Commercial Bank
for a value as specified in LOI of the said agreement against due and faithful
performance by the Contractor of his obligations to be fulfilled under the said
agreement
1 AND whereas the Contractor has approached ___________(name of the
Bank with complete address) and at the request of the Owner and in
consideration of the said contract we ______________(Name of the Bank)
do hereby agree to give such guarantee as hereunder and undertake to pay
to the owner an amount not exceeding rupees _________________ against
any loss or damage caused to or suffered or would be caused to or suffered
by the Contractor by reason of any breach by the said owner of any of the
terms and conditions and the specific guarantees contained in the said
agreement
2 We--------------------------(name of the Bank) hereby guarantee to the contractor
due observance and fulfillment by the contractor of the terms and conditions
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 47 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
of the said contract and of the performance and other guarantees which are a
part of the said agreement and agree and undertake that if the Contractor fails
to observe and fulfill the terms of the said agreement andor above mentioned
guarantees then the Bank shall immediately pay to the owner on demand
such sum or sums of money to the extent of Rs (Rupees
only) for allocated quantity of the Raw Seed by the contractor on account of
losses and damages as may be claimed by the owner by reason of such non
observance and non-fulfillment by the contractor as aforesaid and shall also
indemnify the owner against all losses and damages which may be suffered
by as aforesaid and against all costs charges expenses which may be
incurred by the owner in connection herewith not exceeding
Rs____________________
3 We------------------------(Name of the Bank with complete address) do hereby
undertake to pay the amounts due and payable under this guarantee without
any demur merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused or would to be caused to or
suffered by the owner by reason of breach by the said contractor of any of the
terms or conditions and the specific guarantees contained in the said
Agreement or by reason of the contractor failure to perform the said
Agreement 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____________________
4 We-------------------------(name of the Bank) undertake to pay to the owner
money so demanded notwithstanding any dispute or disputes raised by the
said contractor in any suit or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the contractor shall have no claim against
us for making such payment
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 48 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
5 This guarantee shall be in addition to and not in substitution of any other
guarantee or security to be furnished to the owner by the contractor in respect
of the said agreement
6 We---------------------(name of the Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the contractor under or by virtue of the said
Agreement have been fully paid and its claims satisfied or discharged or till
Chairman and Managing Director of the owner certifies that the terms and
conditions and the specific guarantees of the said Agreement have been fully
and properly carried out by the said contractor and accordingly discharges
this guarantee Unless a demand or claim under this guarantee is made on
us in writing or on before the ---------------------------we shall be discharged from
all liability under this guarantee thereafter
7 We--------------------------(name of the Bank) further agree with the owner that
the owner shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the
said contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the owner against the said contractor
and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said owner or for any
forbearance act or omission on the part of the owner or any indulgence by
the contractor to the said owner or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have
effect of so relieving us
8 This guarantee will not be discharged due to the change in the constitution of
the Bank or the said owner
9 We------------------ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the owner in
writing
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 49 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
10 Bank hereby declares that it has the power to issue guarantee and the
undersigned have full power to do so
Notwithstanding anything stated above our liability under this guarantee is
restricted to Rshelliphelliphelliphelliphelliphellipand this guarantee shall expire on--------------
Unless a written demand or claim under this guarantee is filed against us
within three months from the date of expiry of this guarantee all the rights of
the owner under this guarantee shall be forfeited and we shall be relieved and
discharged from all the liabilities hereunder
Dated the------------------------day of ---------------------
(Signature of a person duly authorized
to sign on behalf of the Bank
-----------------------------------------
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 50 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-V
Sub Registration under MSMED Act-2006
(Format of undertaking to be given by party is given below it should be
uploaded along with other documents)
-------------------------------------------------------------------------------------------------------
--------
Undertaking
(on party Letterhead)
1 It is certified that ourmy FirmCompany is registered
under MicroSmallMedium Enterprises as per
MSMED Act-2006 or not
Yes No
2
Ourmy FirmCompany is registered under MSMED
Act-2006 (Copy of Registration is enclosed) and
Registration No is________________
(Signature of the Proprietor Managing Partner Director with Seal)
Place
Date
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 51 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure VI
UNDERTAKING
(To be submitted on applicantrsquos letterhead pad)
This is to undertake that our firmCompanySociety has facilities for Warehousing amp processing of seeds with a minimum capacity of 4 TPH and having warehousing capacity of not less than 40000 Quintal seed
The self-certified copy of godown map is enclosed
(Seal amp Signature of Proprietor Partner Authorized Signatory)
Date
Place
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 52 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure-VII
Self-Certification Form Make In India (Local Content)
(On PartyCompanyrsquos Letter Head)
Tender Ref No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
To
Ms National Fertilizers Limited
Corporate Office Noida
Sub Self Certification as per clause 9(a) of Revised Public Procurement
(Preference to Make in India Order 2017of DPIIT dated16092020
Sir
Ihelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip(authorized signatory) for
Mshelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipa lsquoClass I Local Supplierrsquo lsquoClass II Local Supplier lsquoat the
time of tender bidding or solicitation hereby confirm that the item meets the Local
Content requirement for Class I Local Supplierrsquo lsquoClassII Local Supplierrsquo (Tick
appropriate option amp cut the other one) and the Local Content percentage
ishelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
I also certify that the bidder Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip has not
been debarred by any procuring entity from violation of this order
The address is as below where the local content value addition is made
[Factory Address]
For Mshelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Authorized Signatory
(with company seal amp Name)
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 53 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
Annexure - VIII
BID SECURITY DECLARATION FORM
(To be submitted on the Letter Head)
Date Tender No
To
General Manager (Mktg) National Fertilizers Limited A-11 Sector-24 Noida (U P)-201301 IWe The Undersigned declare that
IWe understand that according to the conditions of the NIT tender documents bid
must be supported by a Bid Security Declaration
IWe accept that IWe may be suspended without any notice from bidding for any
contract issued by National Fertilizers Limited Noida for a period of one year for
committing a breach of obligation (s) under the tender conditions because I We
(a) Have a withdrawalmodified amended the bid during the period of bid
validity or
(b) Having been notified of the acceptance of our Bid by the Company during the
period of bid validity
(i) Fail or refuse to execute the contract within the specified time if
required or
(ii) Fail or refuse to furnish the performance Security within the specified
time
In accordance with term and conditions of the NIT tender documents
(Name amp Signature with seal)
(Proprietor PartnerDirectorAuthorized Signatory)
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 54 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
ANNEXURE-IX
(Non Judicial Stamp Paper of Rs 100)
AGREEMENT This agreement is made at Chandigarh on this ______ Day of _______ 2021 between Ms National Fertilizers Limited (CIN NoL74899DLI974GOI007417) a Company incorporated under the provisions of Companies Act 1956 and having its Registered Office at SCOPE Complex Core - III 7 - Institutional Area Lodhi Road New Delhi ndash 110003 and Zonal Marketing Office at Zonal Office at SCO 76-79Sector 17-D Chandigarh hereinafter called ldquoNFLrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the FIRST PART
AND
Ms _________________ hereinafter called the ldquoContractorrdquo which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and permitted assigns of the SECOND PART NFL and Contractor are collectively referred to herein as ldquoPartiesrdquo WHEREAS vide NIT No _____________________ dated _____ (E-Tender No ________________) NFL invited tender for ldquoWAREHOUSING amp PROCESSING OF SOYBEAN WHEAT GRAM amp MUSTARD SEED PRODUCE OF 2021-22 amp 2022-23 IN HISAR (HARYANA)rdquo AND WHEREAS vide its Tender acceptance Quotation techno-commercial bid financial bid the Contractor has agreed to execute the same at the rates stated in the Schedule of Rates contained in the Letter of Intent (LOI) and upon the terms and conditions contained in the contract documents and is fully aware of NFLrsquos requirement AND WHEREAS NFL has awarded the job to the Contractor vide LOI No ____________________ dated ______ for ldquoWarehousing amp Processing of Soybean Wheat Gram amp Mustard Seed Produce of 2021-2022 amp 2022-23 in HISAR (HARYANA)rdquo which was duly accepted by the Contractor NOW this Deed of Agreement witnesseth as under 1 Parties agree and declare to enter into a contractual obligation on the rates
terms and conditions contained in the following contract documents which shall form part of this agreement
ii NIT No _____________________ dated _____ (E-Tender No
________________)
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 55 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
iii Bid submitted by the Contractor and Techno-Commercial Bid opened on ________
iv Price Bid opened on ________ v LOI No ____________________ dated ________ issued by NFL vi Acceptance of LOI on dated vii ________________________ (please specify any other corrigendum
correspondence etc) 2 WORK TO BE PERFORMED
In consideration of the payment to be made to the contractor as per rates
provided in the LOIjob order he shall with due care promptness accuracy and
workmanship execute the work in accordance with the scope of work and term amp
conditions laid down in the Notice Inviting Tenders tender document and Letter
of Intent (LOI)
3 PERIOD OF CONTRACT
The period of contract shall be Two year from date of issuance of LOI and further
extendable for another one year with mutual consent of both the parties on same
terms and conditions
4 QUANTITY
(i) Quantity of Raw Seed may vary depending upon the climatic conditions however the approximate quantity will be 40000 QuintalsYear
(ii) The Owner shall have the sole and unfettered discretion to decreaseincrease the quantity of the Contract depending upon climatic conditions within the validity of the contract
(iii) The Graded seed shall be packed in NFL bags in conformity with the standard norms laid down by State Seed Certification Agency (SSCA) The bags shall be arranged by the NFL
5 DELIVERY PERIOD
Contractor is required to Store and Process total quantity allocated by the Owner in each lot within the period stipulated However it may be clearly understood that after expiry of validity of the contract no Grading will be permitted to the contactor Timely delivery shall be considered as the essence of the contract The actual date of receipt of the raw seed in the godown will be the basis for determining warehousing charges
4 DELAY IN DELIVERY
If the grading of seeds is delayed by the Contractor beyond stipulated period ie 31st August for Rabi crops and 31st March for Kharif crops NFL shall have the right to exercise the following option
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 56 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(i) To treat the default as breach of contract and to terminate the contract forthwith forfeiting security deposit and taking other action against the Contractor within the provisions of contract
(ii) If the seed is not processed as per the specified scheduledate as mentioned above NFL reserves the right to accept the seed after imposing the penalty 1 of the Work Order value for every week or part thereof the period of delay from the delivery period subject to maximum of 10 of the total value of material delayed
(iii) NFL shall have the right to get the job in full or part thereof at the risk and cost of the Contractor in case Contractor fails to process the allocated quantity within the specified time
5 SETTLEMENT OF DISPUTES
( strike out non-applicable clause below regarding Indian party or CPSE)
For Indian Parties
Any disputes or difference whatsoever arising between the parties out of or
relating to the construction meaning scope operation or effect of this contract or
the validity or the breach thereof shall be resolved amicably through negotiations
by the parties A ldquoNotice of disputerdquo shall be given by the party seeking resolution
of a dispute to other parties If the dispute is not resolved within in (30) Thirty days
from the notice the dispute shall be referred to Arbitration as per the procedure
mentioned herein below -
A written notice shall be given by the Contractor invoking Arbitration to the
National Fertilizers limited through Director (Marketing)
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration does not exceed Rs 5 Crore the reference
shall be made to a sole Arbitrator The parties shall mutually agreed on the name
of the sole Arbitrator In case of disagreement upon the name of the Sole
Arbitrator the appointment of sole Arbitrator shall be done in accordance with the
provisions of the Arbitration and Conciliation Act 1996
Where the claim including determination of interest if any being claimed up to the
date of commencement of Arbitration exceeds Rs 5 Crore the reference shall be
made to arbitral tribunal consisting of three Arbitrators Each party shall nominate
one Arbitrator each within 30 days from the date of receipt of notice of invocation
of Arbitration and two nominated Arbitrators shall appoint the presiding Arbitrator
within 30 days thereafter If a party to the dispute refuses or neglects to nominate
an Arbitrator on its behalf within the period specified or the two Arbitrators fails to
nominate presiding Arbitrator appointment of Arbitrator(s) shall be done in
accordance with the provisions of the Arbitration and Conciliation Act 1996
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 57 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
The Arbitration proceedings shall be governed by the Arbitration and Conciliation
Act 1996 and any further statutory modification or re-enactment thereof and the
rules made thereunder
It is agreed by and between the parties that in case a reference is made to the
Arbitrator for the purpose of resolving the disputedifferences arising out of the
contract by and between the parties hereto the Arbitrator shall not award interest
on the Awarded amount more than the rate SBI PLRBase Rate applicable to NFL
on date of award of Contract
The seat and venue of Arbitration shall be Chandigarh
The cost of the proceedings shall be equally borne by the parties unless
otherwise directed by the Arbitral tribunal The decision of the Arbitral Tribunal
shall be final and binding on all the parties
For CPSEs and Government Department(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between CPSEs and
Government Department(s)Organization(s) ( other than those related to taxation)
such dispute or difference shall be taken up by the either party for resolution
through AMRCD as mentioned in DPE OM No 4(1)2013-DPE(GMFTS-1835
dated 22052018
6 TERMINATION OF CONTRACT The contract is liable to be terminated if the Contractor
(i) Becomes bankrupt or insolvent or goes into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction in case of a company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of histheir assets or property on the works or
(ii) Makes an arrangement with or assignments in favour of histheir
creditorsagrees to carry out the contract under a committee or inspection of histheir creditors or
(iii) Abandons the work or
(iv) If the seller makes default in supply of material as per terms of the contract No claim or compensation shall be payable by NFL as a result of such termination or
(v) Assigns or in part thereof without written permission of NFL or
(vi) Performance is not satisfactory or
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 58 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
(vii) If the Contractor obtains the contract with NFL with illegal measures
(viii) Information submittedfurnished by the contractor is found to be incorrect
(ix) If during any period of contract liquidated damages amount exceeds 10 of the contracted value which is the maximum penalty leviable for shortdelayed processing or any other reasons NFL would be within its rights to terminate the contract and no claim compensation shall be payable by NFL as a result of such termination
(x) The above shall be without prejudice to NFLrsquos other rights under the law
25 CONSEQUENCES OF TERMINATION
a The Owner shall reserve the right to get the balance un-graded quantity of
said contract from any other party other than the Contractor as per the terms
decided by the Owner and the loss damages suffered by the Owner if any
due to such operations recovered from the Contractor
b The earlier Contractor will have no claim share of profit if any against
Grading of such un- graded quantity
c Security Deposit in any form submitted by the Contractor shall stand forfeited
26 FORECLOSURE OF CONTRACT BY NFL
If at any time the commencement of the work NFL shall for any reason
whatsoever is required to abandon the work or does not require the whole
work thereof as specified in the tender to be carried out NFL shall give notice
in writing of the fact to the contractor who shall have no claim to any payment
of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not
derive in consequence of the foreclosure of the whole or part of the work
However NFL shall compensate the contractor for the work done expenses
incurred till the date of foreclosure
27 JURISDICTION OF COURT
Notwithstanding any other Court or Courts having jurisdiction to decide the
question(s) forming subject matter of a suit any and all actions and proceedings
arising out of or relating to the contract (including any arbitration in terms
thereof) shall lie only in the court of a competent civil jurisdiction in this behalf at
Chandigarh and only the said Court (s) shall have jurisdiction to entertain and
try such action(s) andor proceeding(s) to the exclusion of all other Courts
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2
Page 59 of 59
SEAL OF FIRM amp SIGNATURE OF AUTORIZED SIGNATORY |
All the terms and conditions stipulated in the Tender Documents are acceptable to meus
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY MONTH AND YEAR ABOVE WRITTEN
For and On Behalf of the NFL
Date
Place (Signature with Designation and Stamp)
(Signature of Contractor with Stamp)
Witnesses
1
2