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TTEENNDDEERR DDOOCCUUMMEENNTTSS
FFOORR
REFURBISHMENT OF
1st & 2nd STAGE NOZZLES,
TRANSITION PIECES
AND
COMBUSTION LINERS
OF
GAS TURBINE GTG-1 & 3
OF
CPP PLANT
AT NFL, VIJAIPUR.
VVIIJJAAIIPPUURR UUNNIITT
MMEECCHHAANNIICCAALL DDEEPPAARRTTMMEENNTT
JOB:
Specifications of Gas Turbine Generator I & II of CPP Plant :
Gas Turbine GTG-I/II Gas Turbine GTG-III
Supplier M/s. Alsthom, France M/s. Thomassen
International, The Netherlands
Gas turbine Type PG5361P PG5371PA
Model MS5001P MS5001P
Turbine No. &
Purchase Order
T-234 & T235 ,
13037TB5
296928/7L5A1-
PP1/5A1PP464-1
Commissioning Date 30.06.1987 01-04-1997
Combustion section
10 multiple can combustors, reverse flow design,
concentrically located around the compressor 1 per
chamber.
Fuel Naphtha/Natural Gas
Base Output (NG) @ 5109 rpm
Detail of Parts to be repaired
Item
No. Item
Description
Qty Sr
No
Part Number Item
Serial
Number
Total
Operatin
g Hours
Whether
Repaired
Earlier
1 Combustion
Liner
(Cap & Liner)
4
Nos
i 143B2771 G 026 Rev A EGT6994 16,000
hrs.
Yes
ii 143B2771 G 026 Rev A EGT6994 16,000
hrs.
Yes
iii 143B2771 G 026 Rev 0 4962 16,000
hrs.
Yes
iv 143B2771 G 026 Rev 0 4958 16,000
hrs.
Yes
2 Transition
Pieces
7
Nos
i 818E462G.4Rev.L1 2957 60,000
hrs. Yes
ii 818E462G.4Rev.L1 2961 60,000
hrs. Yes
iii 818E462G.4Rev.L1 2946
60,000
hrs. Yes
iv 818E462G.4Rev.L1 2956
60,000
hrs. Yes
v 818E462G.4Rev.L1 3002
60,000
hrs. Yes
vi 818E462G.4Rev.L1 2972
60,000
hrs. Yes
vii 733E0661P002/94728 2176
60,000
hrs. Yes
3 Nozzle 1st
stage GTG1
1
No
i GE943E0237G003/F BZ9315 65,440
hrs. Yes
4 Nozzle 2nd
stage GTG1
1
No
i 932E135 G2 REV.G; 813E271 G7 REV.C.
C2351 1,66,750
hrs. Yes
5 Nozzle 2nd
stage GTG3
1
No
i 948E710L20A5315,19,20,
21,22,23,27,29,32,41,42,
45,50,52
948E710L20A53
1,20,000
hrs.
Yes
Annexure-I
I SCOPE OF WORK: Includes but not limited to the following:
1.1. Repair of Combustion Liner as per GE recommendation. Scope of work shall include
but not limited to:
I Pre Repair Inspection:
Bidder shall carryout pre-repair inspection of all the parts including sub-assemblies to bring
out all the defects, damages and deviations in the dimensions in conformance to GE Repair /
Refurbishing procedures. Major activities includes but not limited to the following:
a. Disassemble Cowl Caps from Liner Body.
b. Aluminum Oxide Blast cleaning of Caps & Liners.
c. Complete Fluorescent Penetrant Inspection of Caps & Liners.
d. Disassemble Crossfire Tube Collars, Fuel Nozzle Collars & Spring Seals.
e. Perform Metallographic, Dimensional Inspection and Air Flow Check.
f. Map all the defects and generate Inspection Report.
II Repair / Refurbishing & Replacement of Parts:
Bidder shall carry out all necessary Repairs / Refurbishing or Replacement of parts, so as to
rectify all the defects noticed during pre-repair inspection including metallurgical and
dimensional aspects in conformance to GE repair procedures, standards and tolerances.
Major activities includes but not limited to the following:
a. Removal of cracks by grinding.
b. Weld repair of cracks & worn out areas.
c. Aqueous degrease and clean Liner Body.
d. Removal of old Thermal Barrier Coating (TBC) by Grit Blasting
e. Grit Blast for surface roughening.
f. Mask Liner Body for Thermal Barrier Coating (TBC) as per GE specifications.
g. Apply Bond Coat & TBC using Plasma Spray Process.
h. Measure Thickness & Bonding of TBC.
i. Correct Eccentricity, reset Louver Gaps and Air Flow Check.
j. Replace all the Crossfire Tube Collars.
k. Replace Fuel Nozzle Collars & Spring Seals to GE specifications.
l. Reassemble Cowl Cap to Liner Body, replace & weld Rivets in place.
m. Complete Fluorescent Penetration Inspection of Liner & Rivets.
n. Correct eventual remaining defects, distortions and final Air Flow,
o. Dimensional and QC Checks.
p. Dimensional and QC checks.
q. Finish Aluminum Oxide Blast Cleaning.
III Post Repair Inspection / Quality Check:
Bidders shall carryout post repair inspection so to verify that all the defects noticed in pre-
repair inspection and either, all have been rectified and also no new defects developed during
repairs. This should include Fluorescent Penetrant Inspection and all Final Dimensional &
Air Flow Checks, Surface Finishes etc. as stated in above paragraphs.
1.2 Repair of 1st Stage Nozzle Assembly as per GE recommendation. Scope of work shall
include but not limited to:
i. Pre Repair Inspection:
Bidder shall carryout pre-repair inspection of all the parts including sub-assemblies to bring out
all the defects, damages and deviations in the dimensions in conformance to GE-Repair /
Refurbishing procedures. Major activities includes but not limited to the following:
a. Visual Inspection and Dimensional Check like, Out of Roundness, Inter-Segmental Gap,
Creep Deflection and Hook Fit Diameter etc.
b. Disassembly of Nozzle Segments out of Retaining Ring, removal of Core.
c. Complete Aluminum-Oxide (Grade 180~220) Blast Cleaning of the parts.
d. Complete Fluorescent Penetrant Inspection of Segment Nozzles.
e. Heat Treatment and Metallographic Testing.
f. Inspection of Cooling Holes.
g. Measuring of Vane Thickness and other Dimensional Checks.
h. Map all the defects like, cracks, corrosion, erosion, blocked holes, damage or missing parts
like seals, etc and generate Inspection Report.
ii. Repair / Refurbishing & Replacement of Parts:
Bidder shall carry out all necessary Repairs / Refurbishing or Replacement of parts, so as to
rectify all the defects noticed during pre-repair inspection including metallurgical and
dimensional aspects in conformance to GE repair procedures, standards and tolerances. Major
activities includes but not limited to the following:
a. Solution Annealing Heat Treatment of Nozzles & Segments in Vacuum.
b. Complete grinding out cracks and eroded areas of Nozzle Segments as per GE approved
methods and procedures.
c. Perform weld built up and blending off all the cracks, eroded areas of Nozzle Segments,
airfoil, leading and trailing edges.
d. Repair and re-shape leading edge, trailing edge, vane contour, side wall contour, seal slots
and thickness to match GE norms.
e. Measure and correct gas path directions, restoring Cooling Holes as per GE norms.
f. Complete Post Weld Solution Annealing and Aging Heat Treatment to improve
metallurgical properties and hardness to match GE norms.
g. Checking and correction of distortion, bowing on Nozzle partitions, leading edges, trailing
edges, vane contour, sidewall contour, seal slots to match GE norms.
h. Complete Fluorescent Penetrant Inspection of Segments and Nozzles.
i. Finish Aluminum Oxide Blast Cleaning.
j. Assembly of Nozzle Segments into Retaining Ring to simulate its actual operation
condition.
k. All hardware including Split Line Bolts, Helicoils shall have to be replaced, for dimensional
restoration, like segment gaps, out of roundness in diameter, area and drop dimensions, re-
establishing cooling holes etc. to match GE norms.
l. Evaluation and Correction of Throat Opening Area, Dimensional Check and Area &
Harmonic Analysis by GE approved software / technique.
iii. Post Repair Inspection / Quality Check
Bidder shall carryout post repair inspection so to verify that all the defects noticed in pre-repair
inspection and either, all have been rectified and also no new defects developed during repairs.
This should include Fluorescent Penetrant Inspection and all Final Dimensional Checks like
Segment Gaps, Eccentricity, Diameters & Drop Dimensions, Area and Harmonics Analysis,
Surface Finishes, Heat Treatment, Hardness, Metallographic Testing etc. as stated in above
paragraphs.
1.3 Repair of 2nd Stage Nozzle Assembly as per GE recommendation. Scope of work shall
include but not limited to:
i. Pre Repair Inspection:
Bidder shall carryout pre-repair inspection of all the parts including sub-assemblies to bring
out all the defects, damages and deviations in the dimensions in conformance to GE-Repair /
Refurbishing procedures. Major activities includes but not limited to the following:
a. Visual Inspection and Dimensional Check like, Out of Roundness, Inter-Segmental Gap,
Creep Deflection and Hook Fit Diameter etc.
b. Disassembly of Nozzle Segments out of Retaining Ring, removal of Core.
c. Complete Aluminum-Oxide (Grade 180~220) Blast Cleaning of the parts.
d. Complete Fluorescent Penetrant Inspection of Segment Nozzles.
e. Heat Treatment and Metallographic Testing.
f. Inspection of Cooling Holes.
g. Measuring of Vane Thickness and other Dimensional Checks.
h. Map all the defects like, cracks, corrosion, erosion, blocked holes, damage or missing parts
like seals, etc and generate Inspection Report.
ii. Repair / Refurbishing & Replacement of Parts:
Bidder shall carry out all necessary Refurbishing / Replacement of parts, so as to rectify all the
defects noticed during pre-repair inspection including metallurgical & dimensional aspects in
conformance to GE repair procedures, standards & tolerances. Major activities includes but not
limited to the following:
a. Solution Annealing Heat Treatment of Nozzles & Segments in Vacuum.
b. Complete grinding out cracks and eroded areas of Nozzle Segments as per GE approved
methods and procedures.
c. Perform weld built up and blending off all the cracks, eroded areas of Nozzle Segments,
airfoil, leading and trailing edges.
d. Repair and re-shape leading edge, trailing edge, vane contour, side wall contour, seal slots
and thickness to match GE norms.
e. Measure and correct gas path directions, restoring Cooling Holes as per GE norms.
f. Complete Post Weld Solution Annealing and Aging Heat Treatment to improve
metallurgical properties and hardness to match GE norms.
g. Checking and correction of distortion, bowing on Nozzle partitions, leading edges, trailing
edges, vane contour, sidewall contour, seal slots to match GE norms.
h. Complete Fluorescent Penetrant Inspection of Segments and Nozzles.
i. Finish Aluminum Oxide Blast Cleaning.
j. Perform Coating as required as per OEM guidelines.
k. Correct diaphragm roundness by welding on horizontal joints, stress relieving and
machining to drawing requirements
l. Install new wheel space seals (if required) and machine to drawing requirement
m. Repair / Replace inter-stage packing rings with new components (only if originals are not
reusable).
n. Reassemble inter-stage packing rings and diaphragm and diaphragm to nozzle. Assembly
of Nozzle Segments into Retaining Ring to simulate its actual operation condition.
o. All hardware including Split Line Bolts, Helicoils shall have to be replaced, for
dimensional restoration, like segment gaps, out of roundness in diameter, area and drop
dimensions, re-establishing cooling holes etc. to match GE norms.
p. Evaluation and Correction of Throat Opening Area, Dimensional Check and Area &
Harmonic Analysis by GE approved software / technique.
q. Final clean & perform QC inspection
r. Any other jobs required to be done for refurbishment.
iii. Post Repair Inspection / Quality Check:
Bidder shall carryout post repair inspection so to verify that all the defects noticed in pre-
repair inspection and either, all have been rectified and also no new defects developed during
repairs. This should include Fluorescent Penetrant Inspection and all Final Dimensional
Checks like Segment Gaps, Eccentricity, Diameters & Drop Dimensions, Area and
Harmonics Analysis, Surface Finishes, Heat Treatment, Hardness, Metallographic Testing
etc. as stated in above paragraphs.
1.4 Repair of Transition Piece as per GE recommendation. Scope of work shall include but not
limited to:
i. Pre Repair Inspection:
Bidder shall carryout pre-repair inspection of all the parts including sub-assemblies to bring
out all the defects, damages and deviations in the dimensions in conformance to GE Repair /
Refurbishing procedures. Major activities includes but not limited to the following:
a. Visual Inspection and Dimensional Check like Out of Roundness etc.
b. Complete Aluminum-Oxide (Grade 180~220) Blast Cleaning of the parts.
c. Complete Fluorescent Penetrant Inspection.
d. Disassembly of Floating Seal, Locating Pin etc., as required.
e. Perform Metallographic Inspection, Dimensional Inspection and Air Flow Check.
f. Map all the defects and generate Inspection Report.
ii. Repair / Refurbishing & Replacement of Parts:
Bidder shall carry out all necessary Repairs/ Refurbishing or Replacement of parts, so as
to rectify all the defects noticed during pre-repair inspection including metallurgical and
dimensional aspects in conformance to GE repair procedures, standards and tolerances.
Major activities includes but not limited to the following:
a. Removal of cracks by grinding.
b. Weld repair of cracks & worn out areas.
c. Aqueous degrease and clean Transition Piece Body.
d. Grit Blast for surface roughening.
e. Weld repair / replace Seals, Seal Slots, Bull Horn and Aft End of TP Body, Aft End
Brackets, inner / outer & side slots and Spring Seal marks in inner body (forward frame)
to drawing specifications.
f. Creep correction, out of roundness correction, gaps of inner / outer slots & seals, airflow
check etc.
g. Mask Body for Thermal Barrier Coating (TBC) as per GE specification.
h. Apply Bond Coat & TBC using Plasma Spray Process.
i. Measure Thickness & Bonding of TBC.
j. Complete Fluorescent Penetration Inspection, Dimensional Inspection and QC Checks.
k. Finish Aluminum Oxide Blast Cleaning.
iii. Post Repair Inspection / Quality Check:
Bidder shall carryout post repair inspection so to verify that all the defects noticed in pre-
repair inspection and either, all have been rectified and also no new defects developed during
repairs. This should include Fluorescent Penetrant Inspection and all Final Dimensional &
Air Flow Checks, Surface Finishes etc. as stated in above paragraphs.
IV TIME SCHEDULE:
1 The Agreement shall be submitted by the Tenderer within 10 (Ten) days of date of issue of Work
Order.
2 The Tenderer shall mention the Minimum Time Period, required for Repair and Delivery, from
the date of receipt of material at their works. However, the same shall not exceed 10 weeks from
the date of receipt of 1st Stage Nozzle Assembly, Combustion Liners and Transition Pieces. The work
shall be completed within the agreed Time Period.
V SPECIAL TERMS & CONDITIONS:
1. Indemnity bond / Bank Guarantee towards the material being sent for repair:
The bidder shall have to furnish an Indemnity Bond for value of Rs. 50.00 Lakh (Fifty Lakh)
or a Bank Guarantee of equivalent amount in US Dollar from any of the Indian nationalized/
scheduled banks (except Cooperative and Gramin Bank) or any branch of Foreign Bank
within 15 (Fifteen) days from date of issue of Work Order.
2. Repair Place: The Bidder shall give complete Address of Works in the Tender, where repair
will be carried out.
3. Repair Procedure: The Bidder shall give detailed repair procedure as per GE Specifications
in the Tender and should ensure that there is no overheating, distortion / change / degradation
in metallurgy of the parts due to repair procedures adopted.
4. QAP: Bidder shall submit QAP for repair / Refurbishment of 1st &
2
nd Stage Nozzle Assembly,
Combustion Liners and Transition Pieces alongwith their offer.
5. Packing, Dispatch, Freight and Insurance:
Within India:
NFL shall dispatch the material to be repaired to Bidder’s works on Freight Paid basis.
Transit Insurance would be in NFL’s scope. After repair, the Bidder shall dispatch the
material back to NFL on Freight to Pay basis through charted truck preferably by approved
transporter of NFL i.e. M/s TCI/ETO. The Bidder shall ensure suitable packing before
dispatch so as to avoid any transit damage.
Outside India:
The parts shall be air-freighted to that airport where our consolidation–cum-Freight
Forwarding agent is located/to the Airport as agreed in the work order on Freight and
Insurance Paid basis for repair/refurbishment jobs. All other expenses likely to be incurred at
the bidders country such as clearance/collection of the part from Airport/customs Authorities
at destination Airport, Payment of duties/incidentals, if any, transportation from Airport to
Bidder’s works and back to the Airport after completion of the job etc. shall be borne by the
Overseas bidder and as such the bidders will quote the rates including the above cost.
After repair/refurbishment, the parts shall be handed over to our consolidation–cum-Freight
Forwarding agent for onward shipment to India.
The Bidder shall ensure to provide suitable sea-worthy packing to avoid corrosion, if
required.
6. Inspection and Reports: The Bidder will carry out all necessary Pre-Repair Inspection to
bring out all the defects including Metallurgical deterioration etc. and then carry out the Post-
Repair Inspection to ensure complete defect free parts. The Bidder will send these reports
along with the photographs showing major defects and stages of Repair Procedures, Critical
Observations, Initial & Final Parameters and all relevant details, in duplicate and a soft copy
in pdf format, along with dispatch documents.
7. Bidder shall ensure:
7.1 Surface Finish, Final Dimensions, Tolerances etc. are in conformance to GE tolerance
standards, and all repairs have been carried out as per approved GE Repair / Refurbishing
procedures. Bidder shall submit Certificate in compliance to it.
7.2 Repaired parts are 100% interchangeable to original parts and in case of up-rated /up-
graded parts, they are 100% interchangeable for the same.
7.3 Repaired parts are as good as new parts and shall mention the life of repaired parts in
equivalent operating fired hours.
8. Bidder will stand Guarantee for the work done for trouble free operation for a period of 18
months from the date of dispatch and 12 months from the date of installation, whichever is
earlier.
9. Submission of Documents: Bidder shall submit the following Original documents, in
duplicate and a soft copy in CD/ DVD form, after completion of work, along with dispatch of
material:
9.1 Repair and Inspection Reports.
9.2 Guarantee Certificate.
9.3 Interchangeability Certificate.
9.4 Compliance to Repair / Refurbish in line to GE Procedures, Standards and Tolerances.
10. Acceptance of NIT: Bidder shall confirm in their quotation, the acceptance of all the terms
and conditions of NIT, including scope of work, failing which the offer may not be
considered.
11. Bidder to acquaint himself fully: if required, the Bidder may visit the site to see the
condition of combustion liners to be repair.
Annexure -II
Pre-Qualification Criteria for Bidders
1. Bidders should have executed minimum one similar refurbishment jobs of Nozzles,
Combustion Liners and Transition Pieces during the last 7 years ending on last day of
month previous to the Bid Closing date with satisfactory performance.
Similar means, Inspection, Repair / Refurbishment and testing of Combustion Liners
(with Thermal Barrier Coating), Transition Pieces, and Nozzles of GE Frame-5 or higher
capacity Gas Turbines in accordance to scope of work as per NIT.
2. Bidder should have executed during the last seven years ending on last day of month
previous to the Bid Closing date at least one similar work of value not less than Rs 24.0
Lakh or two similar work of value Rs 15.0 Lakh or three similar works of value Rs.12
Lakh each.
3. The bidder should have the capability & infrastructure on its own or partnership with
manufacturer or joint venture or representative of manufacturer to do the above Repair
/Refurbishment as per scope of work of NIT.
4. The bidder should have experience and capability in various testing & inspection as per
scope of work of NIT like Fluorescent inspection, Air Flow Check, Harmonic Analysis
etc. at their own or through the agency having expertise in the respective job.
5. Average Annual financial turnover during of the Contractor for the last 3 years ending
31st March 2016 should be at least Rs 9.0 Lakh.
6. As documentary proof bidders shall submit self attested copies of following documents
with technical un-priced bid:
6.1 Work/Purchase Orders in support of Para 1 & 2 above with full technical &
commercial details including work order value along-with completion certificate from
the customer regarding satisfactory performance indicating the period of completion.
6.2 Relevant documents in support of para 3 above indicating details of capability &
infrastructure available with them.
6.3 Relevant documents in support of para 4 above indicating various relevant details.
6.4 Audited Profit & loss account and balance sheet for the last three successive years
prior to bid submission date in support of Para 5 above.
Notes :-
1) Bidder shall provide all information related to Pre-qualification criteria in attached
format along with EMD in First Envelope.
2) Evaluation shall be done on the basis of documents provided along with the bid.
3) Bidders not complying to the Pre-qualification criteria will not be considered suitable for
the subject work.
Annexure-III
SCHEDULE OF RATE
S. N.
Description Quantity
Rate (In Figure)
Rate (In Word) Total
Amount (Rs.)
1 Refurbishment of Combustion Liners of GTG-1 4 Nos
2 Refurbishment of Transition Pieces of GTG-1 7 Nos
3 Refurbishment of 1st stage Nozzle of GTG-1 1 set
4 Refurbishment of 2nd stage Nozzle of GTG-1 1 set
5 Refurbishment of 2nd stage Nozzle of GTG-3 1 set
Total Cost (excluding Service Tax)
(in Figure)
(in words)
Notes:
1. The Tenderer shall quote Single Rate against each item and not the multiple rates in the Schedule of Rates. Any Tender with the multiple rates quoted will be summarily rejected.
2. The Rates quoted should be inclusive of all Taxes, Duties, Royalties and other Statutory Levies to be payable but excluding Service Tax. Unless specified to the contrary in the bid, all present taxes and statutory levies shall be borne and paid for by the bidder. Payment of the taxes and other statutory levies shall be the responsibility of the bidder and shall not be payable by NFL.
3. Service Tax: “Reimbursement / Deposit of Service Tax shall be done as per GOI notification 24/2012 and 30/2012-Service Tax effective from 01.07.2012. The tenderer must mention Service Tax Registration/ Service Tax Code and the Accounting code in the invoice/receipts.
4. As per GOI Notification No 30/2012-Service Tax, Para B.II (9), 50% of the applicable Service Tax shall be payable by the Contractor while 50% of the applicable Service Tax shall be payable by NFL. The service deposited by the Contractor shall be reimbursed on production of documentary evidence of having deposited the same in Govt account.
4 TDS shall be applicable as per Income Tax Rules.
5 Evaluation of bids shall be done on the basis of cost of individual SOR items. NFL reserves the right to split the contract between two or more bidders without assigning any reason thereof.
.
(SIGNATURE OF TENDERER)
Name ____________________________
Date _______________
Place _______________
Annexure-IV
GENERAL TERMS & CONDITIONS:
1. Interested Tenderer, after studying all the tender documents carefully, may also see the job physically at site and obtain necessary clarifications, if any, in writing before tendering. Submitting of tender implies that the Bidder has obtained all the clarifications required. No claim on ground of want of knowledge in this respect will be entertained. No claim for extra charges consequent upon any misunderstanding or otherwise will be allowed.
2. The Bidder shall give an undertaking that the terms and conditions of NIT and other aforesaid conditions are acceptable to him without reservations and no deviations to NIT have been taken while making the offer.
3. The company reserves the right to accept the lowest or any other tender in part or in full or award parallel contracts or reject all or any of the tenders without assigning any reasons.
4. The following tenders will be liable to summary rejection:
a. Tenders submitted by Tenderer who resort to canvassing.
b. Tenders, which do not fulfil any of the conditions, laid down in the Tender Documents or are incomplete, in any respect.
c. Tenders not accompanying the required details / Tender Cost / Earnest Money etc.
d. Tenders received late / delayed.
e. Tenders, who contain uncalled for remarks or any alternative additional conditions.
f. Bid received with request / condition to send the combustion liners to bidder’s works for assessment for bidding for repair.
5. If the Tenderer has relations whether by blood or otherwise with any of the employees of the NFL, the Tenderer must disclose the relations in the Form of declaration attached, at the time of the submission of Tender failing which NFL shall reserve the has right to reject the tender or rescind the contract.
6. Quantum of Job: The estimated value of work has been given on the basis of technical assessment and indicates approximate quantities. However, the Contractor shall have to execute any or all the jobs depending upon the requirements of the Plant. The rates shall remain firm for the increased or decreased quantities. However, NFL will not give any guarantee for minimum billing or minimum quantum of work during the contract.
7. Validity of Contract :
a. The contract shall remain valid for a period of 12 (Twelve) months reckoned from the date of its award. The job can, therefore, be got done any time during the tenure of the contract.
b. The contract can further be extended for a period of 3 (Three) months at the discretion of NFL.
8. Escalation in Rates: The rates quoted will be firm till the validity of the contract and will not be subjected to escalation irrespective of any increase whatsoever in labour or material cost etc.
9. Earnest Money Deposit:
a. The Tenderer shall make a deposit of Rs. Rs. 50,000.00 (Rs. Fifty Thousand only) or equivalent amount in US Dollar as Earnest Money and Rs 750.00 ( Seven Hundred Fifty only) as Tender Fees deposit in the form of an A/c. Payee Demand Draft, payable at SBI Bavrikheda (Code No. 8455) drawn in favour of M/s. National Fertilizers Limited, Vijaipur. The Earnest Money shall not be accepted in any form other than specified above. Earnest Money should accompany the tender in a separate envelope without which tender will not be opened and it will be considered as rejected. No interest shall be payable on EMD.
b. The Tenderer, registered under National Small Scale Industries are exempted from submission of E.M.D., subjected to submission of relevant certificate from concerned Authority alongwith Tender Documents.
10. Security Deposit:
a. The Security Deposit together with EMD shall be 10% of the contract value. b. Security Deposit (S.D.) shall be submitted by the Contractor within 15 days of issue of work order.
Alternatively, Security Deposit cum Performance Bank Guarantee from any Nationalized / Scheduled Bank may be submitted for 10% of the contract value. The Security Deposit cum Performance Bank Guarantee shall be valid till the expiry of defect liability period + Six month claim period thereafter.
c. No interest shall be paid on EMD / Security deposit. Any amount recoverable from the contractor shall be deducted from security deposit. Security deposit shall be returned to contractor after obtaining ‘No objection certification’ from executive department after expiry of ‘Defect Liability Period’.
11. Terms of Payment:
For Indian Bidders: 100% payment shall be made through Electronic Mode after making necessary recoveries for Income Tax, Works Tax etc. as applicable as per Terms & Conditions of NIT, after satisfactory completion of the work as per scope and submission of bill. Such payments will be made in full within 30 days of receipt of bill complete in all respects. The following information may be furnished along with the Tender:
d. Acceptance for release of payment by ECS / EFT from our Bank, i.e., State Bank of India, Bavrikhera Branch, Branch Code: 8455, N.F.L. Complex, Vijaipur-473 111, Dist. Guna, M.P.
e. The details of Tenderer Account Number, Name, Address, Branch, Branch Code, RTGS Code & MICR Number of the Tenderer Bank.
f. Income Tax Permanent Account Number (I-Tax PAN): The Tenderer shall mention the new series Permanent Account Number allotted by the Income Tax Authorities in his Tender.
For Foreign Bidders: 100% payment shall be made through Irrevocable Letter of Credit on submission of following documents:
a. Signed invoice in original with two copies
b. Air way Bill / Bill of lading
c. Packing List
d. Certificate of Origin (please specify country of origin in your quotation)
e. Prior Fax/ Cable Advice to Insurance Company giving details of shipment
f. Warranty Certificate & other Certificates as specified in the work order.
Please note that your Banker’s charges including confirmation charges of letter of credit shall have to be borne by you. However, Bank charges in India shall be borne by NFL. Charge for any amendment to the LC subsequent to its establishment will be borne by the party who desires for such amendments in the LC. Payment shall be made in the currencies and amount stated in the Contract/Work Order.
12. Liquidated Damages: In the event of work is not completed according to the time schedule, you shall have to pay Liquidated Damages to NFL @ of 1 % of the total value of work for delay of every week or part thereof, subject to a ceiling of 10 % of the total value of the work.
13. Tax Deduction at Source: Statutory deduction on account of Income Tax / Works Tax & other Taxes on Works Contracts shall be made from the bill of the Tenderer at the prevailing rates, as per Income Tax Laws / Commercial Tax Laws of M.P. at the time of release of payment to the Tenderer.
14. Income Tax Permanent Account Number (I-Tax PAN): The Tenderer shall mention the new series Permanent Account Number allotted by the Income Tax Authorities in his Tender.
15. Period of Liability: Tenderer will stand guarantee for the work done for trouble free operation for a period of 12 months from the date of commissioning or 18 months from the date of completion of work whichever is earlier. Any damage or defect or other faults that may arise or lie undiscovered at the time of issue of completion certificate, or appear within defect liability period after the virtual completion of the work, arising in the opinion of the owner from material or workmanship not in accordance with the contract, shall upon the directions in writing of the owner and within such reasonable period specified therein, shall be rectified by the Tenderer at his cost, most expeditiously or in case of default, NFL may cause the same to be made good by other workmen and deduct expenses from any sums that may be
there or at any time thereafter become due to the Tenderer or from his security deposit. NFL shall be under no obligation to accept / entertain any claim / demand whatsoever in this behalf. The workmanship guarantee for rectified portion of work shall commence from the date of rectification for a subsequent period of 12 (twelve) months of the balance period as stated above, whichever is later.
The Contractor shall be responsible for the proper workmanship and shall not be relieved of his obligation in this regard just because NFL raised no objection during the progress of work. The decision of the Owner regarding bad workmanship shall be final, binding and conclusive.
Any defect noticed during the various stages of inspection during work under progress as per scope shall be made good by the Contractor to the satisfaction of NFL before proceeding further. Irrespective of the inspection, repair and approval at intermediate stages of work, the Contractor shall be responsible for making good any defect found during final inspection and guarantee period.
16. Sub-Contracting: Sub-Contracting of the job will not be allowed.
17. Splitting of the contract: The work order under the contract may be split / distributed among two or three bidders at the discretion of NFL..
18. If the Contractor fails to fulfil his obligations under the contract, NFL shall have the right to get the work done by the agency other than the Contractor, at the Risk and Cost of the Contractor, till the expiry of the period of the contract.
19. Termination of Contract: If the Contractor is unable to execute the work, any loss incurred by the company in this respect will be to the Contractor's account. The company may also terminate the contract after giving a 1 (One) day notice in writing, if in its opinion; the work under the contract is not being done to its satisfaction if:
a. At any time, the Contractor makes default in proceeding with the work / job with due diligence and continues to do so after giving in writing a notice of 1 day from the Engineer In-Charge, or
b. If the Contractor persistently disregards the instructions of Engineer In-Charge or fails to take steps to employ competent or additional staff required or commits default in complying with any of the terms and conditions of the contract and does not remedy it or does not take steps to remedy it within 3 days after notice in writing given to him by the Engineer In-Charge, or
c. If the Contractor obtains the contract with NFL as a result of ring tendering or other non-bonafide methods of competitive tendering, or
d. If the Contractor assigns, transfers or sublets or attempts to assign, transfer or sublet the entire work or any portion thereof without the prior written approval of the accepting authority, or
e. If the Contractor abandons the contract.
f. If the Contractor becomes bankrupt / insolvent.
NFL shall have right to get the leftover job done by alternative agencies at the Risk & Cost of the Contractor besides other legal remedies available to it.
20. Consequences of Termination: If the contract is terminated by NFL for the reason detailed under clause 18 or for any other reason whatsoever:
a. NFL reserves the right to get the work completed at the risk and cost of the Contractor and to recover from the Contractor any amount by which the cost of completing the work by any other agency exceeds the value of the contract, without prejudice to any other remedies/rights/claims etc. that may be available with NFL.
b. Security Deposit/Performance Bank Guarantee Bond submitted by the Contractor shall stand forfeited.
c. The Contractor shall have no right to claim any compensation for any loss sustained by him by reason of his having entered into any commitment or made any advances on account of or with a view to the execution of the works, or on account of expected profits.
d. All the dues payable to the Contractor for the work executed by him before and up to termination shall only be released after making adjustments for the expenses, charges, damages and expected losses etc. incurred by NFL as a consequence of the termination of the contract.
21. Engineer In-Charge: The Engineer In-Charge shall have general supervision and direction of the work. He has authority to stop the work whenever such a stoppage may be necessary to ensure the proper execution of the contract. He shall also have authority to reject all work, direct the application of forces to any portion of the work as, in his judgment, is required and order force increased or diminished and to decide disputes which arise in the execution of the work. The Engineer In-Charge reserves the right to suspend the work or the part thereof at any time and no claim whatsoever on this account will be entertained. In case of any dispute the Contractor may appeal to the Engineer In-Charge whose decision shall be final and binding. The decision of the Engineer In-Charge of National Fertilizers Limited shall be final in regard to all matters relating to this Tender including for determining the category of work with reference to material of an item not mentioned in the Scope of Work.
22. The Contractor shall be liable to the company for any Omission or Commission on his part or on the part of his employees causing any loss, damages or inconvenience to the plant/company. It is understood by the Contractor that in the event of any losses/damages caused to the owner due to the reasons whatsoever within his control and the same losses/damages are proved, the Contractor shall make good all the consequential losses/damages to the owner without any protest & demur. These losses/damages shall be apart from other claims/damages to which the owner is entitled under the contract or in the course of law.
23. The Contractor shall comply with the provisions of Contract Labour (Regulation & Abolition) Act 1970 and rules framed there under & amended from time to time.
24. In case of non-compliance with any of the conditions / provisions contained in E.P.F. Act 1952 as amended from time to time, NFL reserves the right to provisionally retain 24% of the Contractor's payment towards employees’ and employer's contributions, which may be released only on verification of Challan by Engineer In-Charge for deposit of PF Contribution.
25. Provident Fund Account Number (PF A/c. No.): The Contractor shall mention the Account Number allotted by the Provident Fund Authorities in his Tender as per statutory requirements.
26. The Contractor shall abide by all the Acts / Labour Laws related to PF, Wages, Holidays, Leaves, and Overtime etc. The Contractor is required to comply with all statutory provisions, from time to time, during the tenure of the contract.
27. Workmen Compensation / Insurance
a. In every case in which by virtue of the provision of Section 12, sub-section I of the Workmen Compensation Act 1923 or any other law for the time being in force, NFL is obliged to pay compensation to a workman employed by the Contractor in execution of the work, NFL will recover the amount of the compensation so paid from the Contractor’s bill.
b. The Contractor will be solely responsible for any liability to his workers in respect of any accident, injury arising out of and in the course of contractor’s employment. To meet his aforesaid obligations under the Workmen Compensation Act, the Contractor will obtain Cover Note under Workmen Compensation Policy from Insurance Company in respect of persons employed by him for carrying out his work and obligations under the agreement. The contractor shall take medical cover for the
workmen deployed by him for carrying out his work and obligation under the agreement. The premium payable for the aforesaid Insurance Policy shall be borne by the Contractor. The Contractor shall ensure that the said Insurance Policy remains valid till the expiry of the contract.
c. Photocopy of this Insurance Cover is required to be submitted by the Contractor to NFL immediately after the issue of L.O.I. but before the start of the work. Payment against the work done will not be released to the Contractor until and unless photocopy of the Insurance Cover is submitted to the NFL.
28. The NFL will not be responsible for any injury sustained by the workers of the Contractor during the performance of the above contract, any damage, compensation due to any dispute between the Contractor and his workers. All liabilities arising out of any provision of Labour Acts / Enactments hereto in force shall be the responsibility of the Contractor. NFL under the Contract will recover any other expenditure, incurred by NFL to face the situation arising out of the negligence of the Contractor from his dues payable.
29. The Contractor shall at all times keep the NFL indemnified against all claims, damages or compensation under the provisions of the Payment of Wages Act 1936, Minimum Wages Act 1948, Equal Remuneration Act 1976, Workman’s Compensation Act 1923, Employees Liability Act 1938, Employment of Child
Labour Act 1938, Abolition of Bonded Labour Act and Contract Labour (Regulation & Abolition) Act 1970 or any other Act regulating the employment of labour by the Contractor.
30. The Contractor shall ensure that all the formalities, required to be completed under the existing laws of India for and/or in connection with engaging/employment of labourers, have been fulfilled. NFL shall be under no obligation to accept / admit any claim on this behalf.
31. Alterations, Omissions, Additions Or Substitutions of Work:
a. NFL shall have power to make any alteration in, omission from, addition to, or substitutions for original specifications and instructions which may be considered necessary, during the progress of work and the Contractor shall carry out the work in accordance with any instruction which may be given to him in writing duly signed by the Engineer In-Charge. Such alterations, omissions, additions, substitutions shall not invalidate the contract and any altered, additional or substituted work, which the Contractor may be directed to do in the manner above specified as a part of the work, shall be carried out by the Contractor on the same conditions in all respects on which he has agreed to do the main work.
b. If the rates for additional, altered or substituted work are specified in the contract for the work, the Contractor is bound to carry out the additional, altered or substituted work at the same rates as per specifications in the rate contract for that work.
c. In the event the extra or substituted items of the work does not fall in the category as above, the cost will be calculated on the basis of actual Labour and consumable material utilized for the job. The quoted rates will be inclusive of Overheads and Profit. The Engineer In-Charge will assess the quantum of Labour and consumable material used; whose decision in this respect will be final and binding upon the Contractor. The Contractor will be required to obtain prior approval of NFL for rates payable to him for such extra items.
d. In case, the Contractor fails to do the extra and / or the substituted work, NFL will have the option to get the work done through another agency at the Contractor’s Risk and Cost, as per Clause No. 17 of General Terms & Conditions.
32. Preservation of Free Issue Material: All materials issued to the Contractor by the Owner shall be preserved against deterioration and storage while under Contractor's custody. Any damage / losses suffered on account of non-compliance with the requirement stipulated herein shall be considered as losses suffered due to wilful negligence on the part of the Contractor and he shall be liable to compensate NFL for the losses suffered at penal rates to be determined by the Engineer In-Charge with reference to the rates charged for the purpose of recovery and shall be final and binding on the Contractor.
33. Handling during Execution: The parts supplied for installation / scaffolding material for execution of job shall be handled with utmost care. Any damage or loss caused to items during shifting / execution of this contract by the Tenderer will be made good by the Tenderer at his own cost and risk.
34. Safety Regulations: The Contractor shall observe and abide by all the Fire and Safety Regulations of the NFL. Before starting maintenance work, the Contractor shall consult NFL's Safety Officer or the Engineer In-Charge, if the Safety Engineer is not available, and familiarize himself with such regulations, copies of which will be furnished to him by NFL, when requested. He shall be responsible for and must make good, to the satisfaction of the NFL, any loss or damage due to fire to any portion of the work to be done under this agreement or to any of the NFL's existing property.
All the accidents to Contractor's staff will be reported to the Safety Officer promptly. This will, however, not relieve the Contractor of any other statutory obligations. The Contractor shall not undertake any hot job without Safety Work Permit. He has to maintain First Aid Box in his office. Also necessary Safety Equipment like Helmets, Hand Gloves, Face Shields, Safety Belts etc. are to be provided to his workmen by the Contractor. However, Special Safety Equipment (if any) required as per requirement of the job shall be provided free of cost by NFL.
35. Force Majeure: The terms and conditions mutually agreed upon with respect to this agreement shall be subject to Force Majeure. Neither the Contractor nor NFL shall be considered in default in the performance of their obligations contained therein, if such performance is prevented or delayed or restricted or interfered with by reason of War, Hostilities, Revolution, Civil Commotion, Strike, Epidemic, Accident, Fire, Cyclone, Wind, Flood, Earthquake, Regulation or Ordinance or Requirement of any
Government or any Sub-Division thereof, or Authority or Representative of any such Government and / or due to Technical Snag/Reasons, or any other Act whatsoever, whether similar or dissimilar to those enumerated, beyond reasonable control of the parties hereto, or because of any Act of God. The party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, delay, restriction or interference for the period it persists, provided that the party so affected shall use its best efforts to avoid or remove such causes of non-performance, if possible, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. Should one or both parties be prevented from fulfilling their contractual obligations by a state of Force-Majeure lasting continuously for a period of three months, the two parties to the contract shall meet and decide about the future course of action for implementation of the contract.
36. Conciliation & Arbitration:
For Indian parties
a. Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to Designated Unit Head/E.D./Functional Director/ Chairman & Managing Director, National Fertilizers Limited for appointment of Arbitrator. (appropriate designated authority may be inserted as per contract value) .
b. If the arbitrator to whom the matter is referred, vacates his/her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his prodecessor left or at any such stage he may dream fit .
c. The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996, The Arbitration & Conciliation (Amendment Act 2015) or any further statutory modification or re-enactment thereof and the rules made thereunder.
d. It is agreed by and between the parties that in case a reference is made to the arbitrator or the arbitral Tribunal for the purpose of resolving the disputes / differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate of SBI PLR/ Base Rate applicable TO NFL on the date of award of contract.
Foreign Parties
Arbitration provisions in accordance with the rules of International Chamber of Commerce (ICC) will be applicable
which may be as under:
“All disputes arising out of or in connection with the present contract shall be finally under the Rules of Arbitration of
the International Chamber of Commerce, India by one or more arbitrators appointed in accordance with the said
Rules.”
37. The contract shall be governed by and construed in accordance with the Laws of India and provisions of various Labour Laws like Factories Act 1948, Industrial Disputes Act 1947, Contract Labour (Regulation & Abolition) Act 1970, Maternity Act 1961, Workmen’s Compensation Act 1923, Payment of Wages Act 1936, Minimum Wages Act 1948, Employee’s Provident Funds & Misc. Provisions Act 1952, Payment of Bonus Act 1965, Payment of Gratuity Act 1972 etc. and any other Law / Legislation which may be applicable from time to time (The above Acts are only illustrative and not exhaustive).
38. Time Limit for Any Claim: In case the Contractor fails to claim compensation, from NFL on account of any claim under the contract, in writing to the Engineer In-Charge, within a period of one month of cause of action of such a claim arise, the Contractor shall be deemed to have waived of his right to claim the same.
39. Jurisdiction: Not withstanding any other court or courts having jurisdiction to try any civil suit arising out of this contract, it shall be only the court of competent jurisdiction at Guna alone (where the contract shall be deemed to have been entered into) to try such suits to the exclusion of all other courts of the country and all causes of action in relation to the contract will therefore be deemed to have arisen within the Jurisdiction of the Courts at Guna (Madhya Pradesh) only.
40. Agreement: The Contractor’s responsibility under this contract will commence from the date of issue of the Letter of Intent. The Tender Documents, Other Documents exchanged between the Tenderer and NFL, the Letter of Acceptance and Work Order shall constitute the Contract. The successful Tenderer shall have to execute an Agreement with National Fertilizers Limited, on a non-judicial stamp paper of appropriate value as applicable in M.P. state (present value is Rs 1000.00) at Vijaipur, within 10 (Ten) days of issue of the Work Order or before start of job whichever is earlier. The cost of stamp paper shall be borne by the Contractor. The Agreement to be executed will be in the Agreement Form to be specified by National Fertilizers Limited.
DECLARATION FORM-I
Quotation No.:________________________ Date: ___/___/_____
Ch.Mgr. (Mech.),
M/s. National Fertilizers Limited
Vijaipur-473 111
District Guna, Madhya Pradesh
Subject: Notice Inviting Tender for Refurbishment of Ist Stage Nozzle, Transition Pieces and
Combustion liners of Gas Turbine GT 3461 of Ammonia-II and GTG-I, II & III of CPP
Plant at NFL, Vijaipur.
Sir,
I / We have read the conditions of the
tender attached here to and agree to abide by such conditions. I / We offer to do the Contract for
Refurbishment of Ist Stage Nozzle, Transition Pieces and Combustion liners of Gas Turbine GT 3461 of
Ammonia-II and GTG-I, II & III of CPP Plant at NFL, Vijaipur at the rates quoted in the attached
Schedule of Rates and in accordance with the inspection, standards and instructions in writing of the Engineer
In-Charge of M/s. National Fertilizers Limited and hereby, bind myself / ourselves to complete the work
schedule and progress of work.
I / We further agree to abide by the conditions of contract and to carry out all works within the
specified time in accordance with applications, workmanship and instructions referred to in the Notice
Inviting Tender.
In case of acceptance of the Tender by the National Fertilizers Limited, I / We bind myself / ourselves
to execute the contract as per the conditions mentioned in the tender document, failing which, I / We shall
have no objection to the forfeiture of the Earnest Money lodged with the National Fertilizers Limited,
Vijaipur.
(Signature of Tenderer with Seal)
Name: ________________________________
Address: ________________________________
________________________________
Place: ________________________________
Date: ________________________________
DECLARATION FORM-II
THE FOLLOWING DECLARATION TO BE SIGNED BY CONTRACTOR
Sr.
No. DESCRIPTION
YES / NO
(If Yes, give the following details)
1 If a Tenderer has relations whether by blood or otherwise with any of employees of NFL (Owner), the Tenderer must disclose the relation at the time of submission of Tender, failing which, NFL shall reserves the right to reject the Tender or rescind the Contract.
Name and Designation of the
Employee
Place of Posting
Relation
with the
Employee
2. P.F. Registration No of the Contractor to be intimated along with Documentary proof thereof.
P.F. Registration
Number
3 PAN No. of the Contractor to be intimated along with Documentary Proof thereof.
PAN No
4
Service Tax Registration No. with Documentary Proof.
Accounting Code No.
S.T.Code No.
______________________
__________________
5
"In case the Tenderer is registered as Micro/Small/Medium Enterprises under MSMED Act 2006 promulgated by Govt. of India Vide Notification dated 16.06.2006, please indicate the relevant category and also enclose scanned copy of the certificate issued by concerned authorities.
It may also be confirmed if the MSEs owned by SC/ST Entrepreneurs and attach a copy of relevant certificates issued by authorities concerned in support of your claim with the Unpriced Techno-Commercial bid.
Otherwise it will be construed that the party is not registered as per MSMED Act, 2006.
6
The bidder shall submit the name and address of the firm/company along with its constitution giving status of the same such as sole proprietorship / partnership or limited/private firm etc. Along with its copies duly attested by Notary Public as evidence.
7 Account No. in any branch of State Bank of India A/C No & Branch Code
(Signature of Tenderer with Seal)
Name: ________________________________
Address: ________________________________
________________________________
Place: ________________________________
Date: ________________________________
Annexure-V
AGREEMENT
This contract made at GUNA (M.P.) this ________________ day of _ _____ 2013 between
NATIONAL FERTILIZERS LIMITED Vijaipur, (A Government of India Undertaking) registered in India
under the Indian Companies Act, 1956 having its registered office at Scope Complex, Core No. III. 7,
Institutional Area, Lodhi Road, New Delhi – 110003 (hereinafter referred to as the “OWNER” which
expression shall include its successors and assigns) of the one part.
AND
M/s _____________________________________________________________________ having its
registered office at ______________________________________________________ (hereinafter
referred to as the “CONTRACTOR” which expression shall include its executors, representatives and
permitted assigns/ successors) of the other part.
WHEREAS
The owner is desirous of executing certain works more specifically mentioned and described in the
Order No. ____________________________________dated ____________________ for
`______________________` (___________________________________) and whereas the
contractor has agreed to execute the work as specified in the Tender Document and in the Order
mentioned above and also in the Contract Documents.
NOW, THEREFORE, THIS CONTRACT AGREEMENT WITNESSETH AS FOLLOWS:
ARTICLE- I
1.1 CONTRACT DOCUMENTS
The following documents shall constitute Contract Documents namely:
a) This Contract Agreement, b) Work Order No.________________________________dated______________. c) Your quotation No. ______________________________dated______________.
ARTICLE – II
2.1 WORK TO BE PERFORMED
In consideration of the payments to be made to the Contractor as hereinafter provided, he shall with
due care promptness, accuracy and workmanship execute the work in accordance with the Approved
Plans, Notice, General conditions and Directions of Contract, Technical Specifications, Letter of Intent
and Work Order.
2.2 Without prejudice to any other mode of service provided for in the contract documents or otherwise available to the owner, any notice under or any other communication sought to be served by the owner on the contractor with reference to the contract shall be deemed to have been sufficiently served if delivered by hand or through Registered Post acknowledgement due to the principal office of the contractor of Guna ( M.P.)
ARTICLE –III 3.1 WAIVER
No failure or delay by the owner in terms of the contract or any obligation or liability of the contract in
terms thereof shall be deemed to be waiver of such right, remedy obligation or liability as the case may
be, by the owner or notwithstanding such failure or delay, the owner shall be entitled at any time to
enforce such right, remedy obligation or liability, as the case may be.
ARTICLE – IV 4.1 NON ASSIGN ABILITY
The contract and benefits and obligations thereof shall be strictly personal to the contractor and shall
not on any account be assignable or transferable by the contactor.
IN WITNESS WHEREOF THE parties hereto have duly execute this contract in DUPLICATE at the
place, day and year first written / IN WITNESS WHEREOF the owner has executed this contract in
DUPLICATE at the place, day and year first above written white the contractor has executed those
presents the day and year hereunder written against the Contractor(s).
SIGNED AND DELIVERED SIGNED AND DELIVERED
for and on behalf of for and on behalf of
National Fertilizers Limited
In the presence of: In the presence of:
1._________________ 1. _____________________
2._________________ 2._____________________
Annexure-VI
PERFORMANCE BANK GUARANTEE FORMAT
(PARA6.06.4 –III)
(To be prepared on Stamp paper issued in the name of Bank)
This BANK GUARANTEE No. __________________made this day of
________________between___________________________ a bank incorporated and having its
registered office at ________________________(hereinafter called Bank) which expression shall
unless repugnant to the context or contrary to the meaning thereof include its successors and
assigns on the one part and NATIONAL FERTILIZERS LIMITED,VIJAIPUR, a Company
registered in India under Companies Act, 1956 and having its registered office at Core -III, Scope
Complex, 7, Institutional Area, Lodhi Road, New Delhi -110 003, India to the context or contrary
to the meaning thereof include its successors and assigns on the other part.
WHEREAS in pursuance to the agreement No. ________________dated
______________(hereinafter called CONTRACT) entered into between National Fertilizers
Limited (hereinafter called OWNER and ________________________ a Company incorporated
in _______________________ (hereinafter called CONTRACTOR) which expression shall unless
repugnant to the context or contrary to the meaning thereof include its successors and assigns,
for supply of _________________as envisaged in the Contract, Contractor has to submit a
Performance Bank Guarantee for Rs_________________(Rupess_________________only).
CONTRACTOR accordingly agrees to furnish the Performance Bank Guarantee as hereinafter
contained towards fulfilment of all of its obligations under the contract.
Now this Deed witness as follows:
1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to
OWNER that the BANK is holding the amount of Rs.__________(Rupees _________ only) at
Owner's disposal and hereby promises and shall be bound to pay to OWNER, forthwith at
Owner's written notice stating that the contractor has failed to fulfil its obligations under the
contract for reasons for which contractor is liable and without any protest or demur and
without recourse to contractor and without asking for any reasons as to whether the amount if
lawfully asked for by Owner or not, the entire amount or the portion thereof as mentioned by
Owner in the notice. The decision of the Owner as to whether the terms and conditions of this
Performance Bank Guarantee have been observed or not shall be final and binding on the
BANK. In any case, however the Bank's responsibility under this Performance Bank
Guarantee is limited to Rs. __________(Rupees_______________ only).
2. This Performance Bank Guarantee shall be valid for an initial period of
____________months from the date of this Bank Guarantee No. ________________ dated
______________ given by the Bank to Owner become effective. Upon issuance of
Commissioning/ Erection/Completion certificate according to terms of contract on expiry of
_______________months after the issuance of the above mentioned certificate of
commissioning / erection / completion certificate, the Performance Bank Guarantee shall
become null and void.
3. This Performance Bank Guarantee shall be in addition to and shall not affect or be affected
by any other security now or hereafter held by Owner on account of money hereby intended
to secure and Owner at its discretion and without any further consent from the Bank, and
without affecting its rights against the Bank, may compound with, give time or other
indulgence to or make any other arrangement with Contractor and nothing done or omitted
to be done by Owner in pursuance of any authority or permission contained in this
guarantee, shall effect discharge of the liability of the Bank.
4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Performance Bank Guarantee
will remain in force initially upto _____________months from the effective date of Bank
Guarantee No. ________________ dated ____________ given by the Bank to the Owner
and subject to provisions of paragraph 2 above will stand automatically cancelled on the
expiry of the said period. Unless demand or claim under this Bank Guarantee is made on
Bank in writing within three months from the date of expiry of this Bank Guarantee, all the
rights of Owner against the Bank shall be forfeited and Bank shall be relieved and
discharged from all the liabilities hereunder.
5. Any notice by way of request, demand or otherwise hereunder may be sent by post to the
Bank, addressed as aforesaid, and if sent by post, it shall be deemed to have been given at
the time when it would be delivered in due course of post, and in proving such notice, when
given by post, it shall be sufficient to prove that the envelope containing the notice was
posted and a certificate, signed by an officer of the owners, to the effect that the envelope
was so posted, shall be conclusive.
6. The Performance Bank Guarantee is to be returned to the Bank after its expiry in terms of
Paragraph 4 above.
7. The Bank declares that it has the power to issue this guarantee and the undersigned have
full power to do so.
Dated ______________ this ________ day of________2013
(Indicate the name of the Bank with stamp)
Annexure-VII
INDEMNITY BOND
In consideration of your agreeing to get ------------------------------------------------------------------------------------------------ against your work order No. ------------------------------------------------------- in the name of M/s -----------------------------------------------------. And we M/s-------------------------------------------------------------------- do hereby for ourselves and our heirs, legal representatives, executors and administrators, jointly and severally undertake and agree to indemnify you and your successors and assign against all Claims, demands, proceeding, losses, damages, charges and expenses to the extent of Rs. --------------------- ( Rupees-----------------------------------------------only ) which may be raised against or incurred by you by reason or in consequence of your having agreed to supply the above referred ----------------------------------------------------. And it is also indemnified that notwithstanding anything herein before contained our liabilities under the Indemnity is restricted to Rs. ------------------------- ( Rupees -------------- only ). Our Indemnity shall remain in force for-------------- from the date of its issuance i.e. upto----------------- unless a demand or claim under the indemnity is made on us in writing on or before ------------------ we shall be discharged from all liabilities under this Indemnity. In witness whereof, we have hereunto set our hand at ----------------- in presence of me ( undersigned ) on this day of ---------------------------------. Signed and delivered by the above named. Name and Address of witness. (Signature with seal) 1.
2.
Format F
‘PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 [MSMED ACT 2006)”
NIT No.: _________________________________________________________________
Name of Contract: _________________________________________________________
1. You may aware that “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’) has been come into force w.e.f. 2nd October 2006, which has repealed the provisions of the old Act regarding Small Scale Industrial undertakings.
2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or rendering / providing of services are to be classified into Micro, Small and Medium enterprises based on the investment in plant and machinery/equipment.
3. Such Enterprises are required to file a memorandum in the prescribed form to the appropriate authority as mentioned in the MSMED Act.
4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undivided family, Association of persons, Cooperative Society, Partnership firms, undertaking or any other legal entity.
5. For your ready reference, the definitions of Micro, Small and Medium enterprises are given below:
Classification of enterprises engaged in:
(a) Manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act 1951 as:
Nature of Enterprise Investment in Plant & Machinery (#)
Micro Does not exceed Rs. 25 Lakh
Small More than Rs. 25 Lakh but does not exceed Rs. 5 Crores
Medium More than Rs. 5 Crores but does not exceed Rs. 10 Crores
(b) Providing or rendering services:
Nature of Enterprise Investment in Equipment
Micro Does not exceed Rs. 10 Lakh
Small More than Rs. 10 Lakh but does not exceed Rs. 2 Crores
Medium More than Rs. 2 Crores but does not exceed Rs. 5 Crores
(#) In calculating the investment in plant & machinery, the cost of pollution control, research and
development, industrial safety devices and such other items as may be specified will be excluded.
6. You are therefore requested to fill the “Format” [proforma attached] and submit the same along with proof of valid document/ certificate [indicating registration no.] in your offer. In case same is not submitted along with your offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.
Format - __ (A)
CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES
DEVELOPMENT ACT, 2006 (MSMED ACT 2006)
NIT No.: _________________________________________________________________
Name of Contract: _________________________________________________________
1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’) are applicable to us and our organization falls under the definition of:
a. Micro Enterprise - [ ]
b. Small Enterprise - [ ]
c. Medium Enterprise - [ ]
(Please put a tick in the appropriate box)
2. Copy of proof of valid document/ certificate [indicating registration no.] of being a Micro/ Small/ Medium Enterprises is enclosed.
Place: ____________ Signature of Authorised Signatory
Date: ____________ Name: _____________________
Designation: ________________
Seal:
Note: In case above Format along with proof of valid document/ certificate [indicating registration no.] is
not submitted in offer, it will be presumed that your organization is not a micro, small or medium
enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to
the benefits admissible under the MSMED Act 2006.