MADRAS FERTILIZERS LIMITED

(A GOVT. OF INDIA UNDERTAKING)

MANALI, CHENNAI 600 068

NOTICE INVITING TENDER FOR

SUPPLY OF LABOURER FOR TECHNICAL SERVICES DEPARTMENT

FOR GENERAL SHIFT AND SHIFT ACTIVITIES IN MFL
FOR THE YEAR 2024-25

TENDER NO.ESER/TS/IP/LABOURER SUPPLY/281124/003 Dated 30/10/2024

SUMMARY

Online bids are invited for, ―SUPPLY OF LABOURER FOR TECHNICAL SERVICES
DEPARTMENT FOR GENERAL SHIFT AND SHIFT ACTIVITIES IN MFL FOR
THE YEAR 2024-25‖ with Fixed Bill of Quote who are interested to submit their
bids, may visit MFL website www.madrasfert.co.in. (―Tenders‖ – ―e-tenders‖)
or Central Public Procurement website: https://eprocure.gov.in/eprocure/app.
Instructions for applying e-Tendering are given in Annexure-1.

For any clarification, please communicate to the following:

E-Procurement Cell Contact Mr K Mohamed Eshak
person & e-mail ids. 044 – 25945318/ 319
[email protected]
[email protected]
User dept. contact person & Mr A Rajasekar
e-mail id‘s [email protected]
044-25945330
Scope of Work As detailed in Annexure-2

Estimated Value of Tender Rs.3.25 Crores

Nature of Bidding Two Part Bidding :

1st Part : EMD & Techno-Commercial Bid,
2nd Part : Price Bid
Commencement of viewing and
downloading tender document 30.10.2024
from e-Tender Website

Due date & Time of submission 28.11.2024 upto 16:00 hrs

Technical Bid Opening Date &
29.11.2024 @ 14:00 hrs
Time
Bid submission: Three separate on-line bids
1. EMD
(To be uploaded on or before 2. Techno-Commercial Bid and
the due date and time) 3. Price Bid
To be submitted with price break-up details as per
Annexure-5 on or before the date & time meant for
submission of bids
Procedure for opening of Online Bids will be opened in seriatim EMD, Techno-
Bid commercial and Price Bid.

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Bid Validity 120 days from the date of opening of bid.
Price Bid Opening Date Techno-Commercially qualified Tenderers only will
be intimated
EMD Amount Rs.6,50,000/- [Rupees Six Lakhs Fifty Thousand
only]. Original EMD in the form of DD/Insurance
Surety Bond/ BG or proof for submission thru RTGS
(UTR number) should be furnished in a separate
sealed cover superscribed as EMD for Tender No.
ESER/TS/IP/LABOURER SUPPLY/281124/003
Dated 30/10/2024 and the same should reach the
office of DGM–Technical Services & MM on or before
03.12.2024.

Bidders with NSIC/MSE or any other body specified

by the ministry of MSME with valid certificates
seeking exemption from payment of EMD should
upload such valid certificate along with their bid
before the closing date and time of tender. If such
valid certificates are not uploaded along with their
bid before the closing date and time of tender, their
bids will not be considered. No exception shall be
given to Medium Enterprises.
Security Deposit (SD) 5% of the Contract Value (excluding applicable GST)
within 21 days in the event of Award of Contract.
Claim period should be one year from the date of
Expiry of validity period of BG. (Annexure-9)
Mode of Payment for EMD and By DD/ Insurance Surety Bond/ RTGS (as per
SD Annexure-12) in favour of Madras Fertilizers Ltd.,
payable at Chennai or by Bank Guarantee
(Annexure–10 for EMD & Annexure–11 for SD).
EMD & SD BG Validity For EMD 165 days from the due date of bid
submission.

For SD 60 days after the date of completion of

contract. Claim period should be one year from the
date of Expiry of validity period of BG.
Payment Term Monthly basis. 60 days (45 Days Credit payment to
MSE vendors as per MSMED Act, against submission
of relevant valid document) credit payment thru
RTGS/ NEFT from the date of receipt of bill subject
to acceptance.

Payment Mode RTGS/NEFT

Contract Period The period of contract will be one year from the date
of commencement of the contract and can be
extended for one more year with mutual consent at
the same rates, terms and conditions. Provided
there is no downward trend in price.
Bid Evaluation Basis  Techno-commercially qualified bidders will be
selected.
 Price bids of the techno-commercially
qualified bidders will be opened

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Reverse Auction or Negotiation  MFL Reserves the right to go for Reverse Auction
process, if required or may finalize the tender
without Reverse Auction. However, the decision to
conduct Reverse Auction or not will be conveyed
to short-listed bidders. The business Rules for
Reverse Auction will be circulated, if Reverse
Auction is necessary and the same needs to be
accepted and signed by the technically shortlisted
bidder.

 If Reverse Auction is conducted, H1 elimination

will be carried out.
 For H1 elimination, MFL requires minimum of
6 bidders. Hence, after opening the price bids,
the H1 bidder/ bidders will be eliminated subject
to minimum number of eligible bidders for
Reverse Auction are 5.

 If necessary, negotiation shall be conducted with

L1 Party.

Tender Inviting Authority (TIA) Deputy General Manager

Technical Services & MM
Madras Fertilizers Limited
Manali, Chennai-600068

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 LIST OF ANNEXURES

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024

Sl.No. Description Annexures

1 Instructions to Bidders for applying e-Tender Annexure 1

2 Scope of Work Annexure 2

3 Pre-Qualification Criteria (PQ) Annexure 3

4 Techno-Commercial Bid Format Annexure 4

5 Fixed Rate Bill of quote Annexure 5

6 EMD Terms and Conditions Annexure 6

7 SD Terms and Conditions Annexure 7

General Terms and Conditions

8 Annexure 8
(Mandatory inclusion of GTC/STC)

9 Information about the Tenderer and Undertaking Annexure 9

10 BG Format for EMD Annexure 10

11 BG Format for SD Annexure 11

MFL‘s Bank Account details for submission of EMD / SD

12 Annexure 12
thru RTGS
Tenderer‘s Bank details and Authorization for payment
13 Annexure 13
through RTGS/NEFT
Reverse Auction Procedure and Format / Business
14 Annexure 14
Rules for Reverse Auction

15 Format for Agreement Annexure 15

Preference to make in India & Rule 144 (XI) of the

16 Annexure 16
General Financial Rules (GFRs), 2017

17 Integrity Pact Annexure 17

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 ANNEUXRE – 1

INSTRUCTIONS TO TENDERERS FOR APPLYING E-TENDER

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024

Instructions to the Tenderers / Bidders for the e-submission of the bids

online through the e-tender site of M/s National Informatics Centre (NIC)

1) Bidders should do the registration in the tender site

http://eprocure.gov.in/eprocure/app using the option available (online bidder
enrolment). Then the Digital Signature registration has to be done with the
e-token, after logging into the site. The e-token may be obtained from one
of the authorized Certifying Authorities such as nCode / eMudhra / Safe
Script.

2) Bidder then needs to login to the site through their user ID/ password chosen
during registration.

3) The e-token that is registered should be used by the bidder only and should
ensure safety of the same.

4) The Bidders can update well in advance, the documents such as certificates,
purchase order details etc., and these can be selected as per tender
requirements and then send along with bid documents during bid submission.

5) After downloading/ getting the tender schedules, the Bidder should go

through them carefully and then submit the documents as asked, otherwise,
the bid will be rejected.

6) If there are any clarifications, this may be obtained online through the tender
site, or through the contact details. Bidders should take into account the
Corrigendum published before submitting the bids online.

7) Bidder, in advance, should get ready the bid documents to be submitted as

indicated in the tender schedule and they should be in .pdf/.xls/.jpeg/.rar
formats only.

8) Bidder should submit the EMD as specified in the tender. The original should
be posted / couriered / given in person to the Tender Inviting Authority, on
any working day after e-publication of NIT and up to 3 working days after the
last date of submission of bids. Scanned copy of the instrument should be
uploaded as part of the offer along with Techno-Commercial bid.

9) It is construed that the bidder has read all the terms and conditions before
submitting their offer including General Terms and Conditions (GTC).

10) The bidder has to submit the tender document online well in advance before
the prescribed time to avoid any delay or problem during the submission
process.

11) After the bid submission, (the bid token number) given by the e-tendering
system should be printed by the bidder and kept as a record of evidence for
online submission of bid for the particular tender.

12) The details of the Earnest Money Deposit document should be submitted
physically to the Department and the scanned copy should be furnished at
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 the time of bid submission online. They should be same otherwise the
Tender will be summarily rejected.

13) The Tender Inviting Authority (TIA) will not be held responsible for any sort
of delay or the difficulties faced during the submission of bids online by the
bidders.

14) The tendering system will give a successful bid updation message after
unloading all the bid documents submitted and then a bid summary will be
shown with the bid number, date and time of submission of the bid with all
other relevant details. The documents submitted by the bidders will be
digitally signed using the e-token of the bidder and then submitted.

15) The bid summary has to be printed and kept as an acknowledgement as a

token of the submission of the bid. The bid summary will act as a proof of
bid submission for a tender floated and will also act as an entry point to
participate in the bid opening date.

16) Bidder should log into the site well in advance for bid submission so that he
submits the bid in time, i.e., on or before the bid submission end time.
If there is any delay, due to other issues, bidder only is responsible.

17) The total size of the documents to be uploaded shall not exceed 50 MB.
Documents shall be compressed and placed in the relevant folders to
accommodate within 50 MB.

18) The bidder should see that the bid documents submitted should be free from
virus and if the documents could not be opened, due to virus, during tender
opening, the bid is liable to be rejected.

19) The time settings fixed in the server side and displayed at the top of the
tender site, will be valid for all actions of requesting, bid submission, bid
opening etc., in the e-tender system. The bidders should follow this time
during bid submission.

20) All the data being entered by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered
will not be viewable by unauthorized persons during bid submission and not
be viewable by any one until the time of bid opening. Overall, the submitted
tender documents become readable only after the tender opening by the
authorized individual.

21) The confidentiality of the bids is maintained since the secured Socket Layer
128 bit encryption technology is used. Data storage encryption of sensitive
fields is done.

22) The bidders are requested to submit the bids through online e-tendering
system to the TIA well before the bid submission end date & time (as per
Server system clock).

23) The bidder should log out of the tendering system using the normal log out
option available at the top right hand corner and not by selecting (X) exit
option in the browser.

24) Bidders should ensure that prices should not be indicated anywhere
in the un-priced part. The prices should be indicated only in the price
bid and nowhere else.
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25) Bidders to note that if prices are indicated in their un-priced Techno-
Commercial part their offer will be rejected and NO further
evaluation or communication will be entertained in this regard.

26) Bidders to note that the very act of using DSC for downloading the bids and
uploading their offers shall be deemed to be a confirmation that they have
read all sections of the pages of the bid document including General
Conditions of Contract without any exception and have understood the entire
document and are clear about the requirements of the tender requirements.

*****

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 ANNEXURE – 2
SCOPE OF WORK

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024
1.0. NATURE OF JOB

1. To work as office attendant in daily routine activities like file maintenance

and assisting the Secretaries / employees in day to day activities in the
respective Sections.

2. To provide typing assistance, preparation of tender documents, comparative

statements, correspondence, record maintenance, book keeping, files/letter
movement to other departments, preparation of AutoCAD drawings, making
copies of drawing as per request from other Sections/Departments, in
Engineering Services. Since jobs involved in this Section are highly technical,
Engineers with relevant qualification & experience are also required.

3. To assist the employees in activities such as sample collection, sample

preparation, assisting analysts during field collection and analysis of samples,
cleaning apparatus and instruments, preservation of certain sample remnants
for future reference, calibration of instruments, preparation of reagents &
chemicals, cleaning & maintenance of all CAAQMS stations, etc. in Shift and
General shift, in MFL Laboratory.

4. To assist the employees in maintenance and cleaning of portable DCP & CO2
Extinguishers, checking all the hydrants, monitoring their isolation valves,
greasing of monitor swivel arrangement, charging of dry chemical powder,
filling fire truck with foam, checking of personal protective equipment like
SCBA, Face Shield, etc., in Fire & Safety (F&S). Assisting F&S staff in
providing online respirators in the plant as and when required and during fire
& toxic release emergencies. Shift coverage is required for this Section.

5. Assisting Inspection Engineers in various Inspection activities such as

condition monitoring, corrosion monitoring, temperature monitoring, PMI
inspection, stores incoming materials inspection, Bentley online shaft
vibration system maintenance, inspection of reformer tubes, pressure
vessels, pipelines & tanks, Relief valves testing, leak fixing of heat
exchangers, report generation, record keeping & documentation in Inspection
Section.

Since the most of the inspection activities are quality oriented and has direct
connection with the plant performance, Inspection Section needs Mechanical
Engineers and labours with rich knowledge & experience (highly skilled) for
day-to-day and round the clock TAR jobs.

Also, if any emergency situation arises during normal plant operation or

during TAR, the labourers have to work till the job is completed or round the
clock. During such situations, overtime allowance is to be given to the
overstaying labourers.

6. To assist in collecting of samples during TNPCB Officials‘ visit, to identify of

any leakages of water in any part of the plant, visiting the particular location
whenever alarm comes from CAAQMS, in Environment Section.

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 7. To assist the Process Engineers for monitoring the process parameters of all
plants, CW performance parameter monitoring, providing catalyst related
process parameters to licenser and catalyst vendor for evaluation of catalyst
performance, providing inputs for Energy Study of Plants to process licenser,
collection all plants data on daily basis. Collection of log sheets and analysis
reports from all plants and laboratory in Process Engineering. Since, jobs
involved in this Section are highly technical, Engineers with relevant
qualification are also required.

2.0 GENERAL DUTIES AND RESPONSIBILITIES

1. The contractor shall carry out all items of services assigned or entrusted to
him and shall abide by all instructions issued to him from time to time by any
officer of MFL, together with such auxiliary and incidental duties / services
and operations as may be indicated by the said officer(s) that are not
inconsistent with the terms and conditions of the contract.

2. The presence of MFL officials during the operations shall not absolve the
contractor of any of the responsibilities under the terms and conditions of the
contract.

3. The Deputy General Manager - Technical Services & MM or his authorized

representative shall have the right to ask for the removal of any inhibitions of
the contractor to the process of work, which in his opinion, are hampering
the smooth execution of the work and his decision regarding losses caused
by neglect or misconduct etc of the contractor, his employees or agents or
representatives shall be final and binding on the contractor.

4. The contractor shall advise MFL, the name of one or more representatives
authorized to act on his behalf in each shift. It shall be the duty of those
representatives to call the officials concerned in the respective sections or his
authorized representative in every shift and generally remain in touch with
him to obtain information about the program of work and also supervise /
report the progress of activities.

5. He shall also be responsible for taking adequate steps and necessary

precautions for handling. He shall be liable for any loss which MFL may suffer
on account of the damages due to improper tools.

6. The contractor shall be responsible for rendering any or all services round the
clock. He shall not be entitled to any extra remuneration on this account.

7. The contractor and his workmen shall strictly abide by and adhere to the
existing safety, security regulations and the permit system of the company,
during the tenure of contract work.

8. The contractor shall provide personal protective equipment (Helmet, Shoe,

Goggles, Gloves, and Dust Mask etc) required for his job in all the plants and
arrange for their safe storage.

9. Where the contractor uses the equipment such as respirators, safety belts
etc, of MFL, he shall be responsible for proper handling and upkeep of such
equipment. If any damage or breakage to these equipments is sustained
when they are under the custody of the contractor, the contractor shall make
good the loss sustained by MFL. The decision of the concerned Plant Manager

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 as regards the extent and liability of the contractor in such matters shall be
final and binding on the contractor.

10.The contractor shall not engage anybody as a labourer below the age of 18
years. The labourers permitted inside the factory and allotted for work in one
plant shall not be engaged for jobs in other plants, without the prior approval
of the official of concerned department/ section.

11.The contractor should inform immediately to the Deputy Manager regarding

any accident / incident to his workmen inside company, follow up action
taken and status in writing.

12.Income tax will be deducted at source on bills at prevailing rate.

13.The contractor shall arrange for engagement of labour well in advance

keeping extra labour during bandh /hartal / any other disturbances to keep
MFL activities uninterrupted.

Labour Requirement Details

Sl. No. Category General Shift Shift Total

1. Highly Skilled 14 - 14

2. Skilled 17 19 36

3. Un-skilled 04 - 04

Total 35 19 54

Note
1. Highly Skilled Labourers: Should be a Graduate Engineers with relevant
qualification and should have 5 years of experience or should have knowledge in
specific areas with more than 20 years of experience in one or more jobs
mentioned in the scope of work.
2. Skilled Labourers: Should have minimum 5 years of experience in one or more
jobs mentioned in the scope of work.
3. The contractor should supply required number of labourers in General Shift
(8 am to 4.45 pm) for all sections working in General Shift and in four Shift
groups to work in three shifts / day (8 hours / shift) for Laboratory and Fire &
Safety (F&S) Sections. While three groups will be working in three shifts (I Shift
– 6 am to 2 pm, II Shift – 2 pm to 10 pm, III Shift – 10 pm to 6 am) & off for
one group.

4. It is the scope of the contractor to bring sufficient manpower for all shifts.

5. The details on nature of jobs given above are only for the knowledge of the
contractor as information to him for understanding the nature of jobs involved.

6. The contractor must acquaint himself of the facilities at the Plant and
understand the requirements of various jobs before quoting the rate.
7. During shutdown period, the working hours may vary from 8 hours to 12 hours
for General Shift labourers.

****

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 ANNEXURE – 3
PRE-QUALIFICATION CRITERIA

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024

1.0 Experience:
Tenderer shall have minimum one year of experience in supply of labour in
a large petrochemical/ fertilizers/any other process industries in India prior
to applying for this tender during last 7 years ending 30.09.2024.

Relaxation for Start-ups (whether MSE or otherwise)/ MSEs:

Tenderer shall have minimum one year of experience in supply of labour in
a large petrochemical/ fertilizers/any other process industries in India prior
to applying for this tender during last 9 years ending 30.09.2024.

2.0 Proof of Experience

Tenderer shall submit any one of the following as a proof of experience in

Supply of Labourers in a large petrochemical/ fertilizers/any other process
industries during the last 7 years ending 30.09.2024.

i. Three similar completed works each costing not less than the amount
equal to 40% of the estimated tender value.
(or)
ii. Two similar completed works each costing not less than the amount
equal to 50% of the estimated tender value.
(or)
iii. One similar completed work costing not less than the amount equal to
80% of the estimated tender value.

Relaxation for Start-ups (whether MSE or otherwise)/ MSEs:

The tender shall submit one completed work equal to 40% of the estimated
value of the tender as a proof of experience in Supply of Labour in a large
petrochemical/ fertilizers/any other process industries during the last 9
years ending 30.09.2024.

3.0 Financial Status

Tenderer whose average annual financial turnover is more than or equal to

30% of the estimated tender value in the last three financial years 2021-22,
2022-23 & 2023-24. Tenderer shall attach copies of Income Tax Returns
filed for the last three financial years (i.e. 2021-22, 2022-23 & 2023-24).

Relaxation for Start-ups (whether MSE or otherwise)/ MSE: Tenderer

shall have annual financial turnover more than or equal to 30% of the
estimated tender value in any one of the last three financial years i.e. 2021-
22, 2022-23 & 2023-24and shall attach copy of Income Tax Returns filed for
the same year.

4.0 Other Qualification

The Tenderer should not have been banned/ black listed/ Holiday listed.

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5.0 DOCUMENTS REQUIRED FOR QUALIFICATION:

a. Contract award letter copies with work completion certificate/performance

certificate to prove experience in the supply of labour in large
petrochemical/ fertilizers/ any other process industries as detailed above
sl.no.2.0.

b. Financial Soundness –Solvency certificate from any Nationalised Bank for

Rs.25 lakhs.

c. Audited Statement of Accounts with auditor‘s membership number to

support financial status as detailed in Sl. No.3 along with IT return.

d. Valid registration certificates obtained from ESIC, EPFO and GST authorities.

e. Self-Declaration as given in Annexure-9 (Tenderer Undertaking) to support

as detailed above sl.no.4.0.

f. MSEs certificate in case of MSE bidder.

g. Copies of Income-tax Return for the previous 3years separately in respect of

tenders Individual Partners/Directors/Members, as per Annexure 9

h. Self-attested copies of Partnership deed and power of Attorney or

Memorandum and Articles of Association. Original shall be submitted for
inspection within one week of acceptance of tender

 Sealed & signed copies of the above documents are to be uploaded as

Attachment with the on-line submission of bids along with the document
uploaded checklist.
 After tender opening and while processing the bids, if any document(s) is/ are
not found to be there, MFL will seek thru email the required documents and the
Vendor shall submit the same within the date stipulated in the email.
 Tenders will be rejected for non-submission of the relevant valid documents.

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6.0 CHECKLIST FOR UPLOADED DOCUMENT

Sl.No. Document Yes No

1 Scope of work-Annexure 2

2 Prequalification Criteria-Annexure 3

3 Contract award letter copies with work completion

certificate/performance certificate to prove
experience in the supply of labourers in large
petrochemical/ fertilizers/ any other process
industries as detailed above sl.no.2.0 of Annexure 3

4 Financial Soundness –Solvency certificate from any

Nationalised Bank for Rs.25 lakhs

5 Audited Statement of Accounts with auditor‘s

membership number to support financial status as
detailed in Sl. No.3 of Annexure- 3 along with IT
return.

6 Valid registration certificates obtained from ESIC,

EPFO and GST authorities as per clause 5.0 (d) of
Annexure 3

7 Self-declaration stating not banned and black listed

by MFL or any other Govt. Department

(as per Annexure 9)

8 Filled and signed copy of Annexure 4

9 Filled and signed copy of Annexure 9

10 Filled and signed copy of Annexure 13

11 Filled and signed copy of Annexure 16 (A & B or C)

12 Signed copy of Integrity Pact – Annexure 17

* Before submission, all the documents should be signed by the Vendor with their
Company‘s seal.

****

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 ANNEXURE-4
TECHNO-COMMERCIAL BID FORMAT

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024
Sl. Name of the Tenderer
No
1 Address

2 Payment Term Monthly basis. 60 days (45 Days

Credit payment to MSE vendors as
per MSMED Act, against submission
of relevant valid document) credit
payment thru RTGS/ NEFT from the
date of receipt of bill subject to
acceptance.
3 Payment Mode RTGS/NEFT

4 Contract Period The period of contract will be one

year from the date of
commencement of the contract and
can be extended for one more year
with mutual consent at the same
rates, terms and conditions provided
no downward trend in price.
5 Mobilization Period 5 Days
6 General Terms & Conditions As in the Annexure-8
7 Service Place MFL Plant, Manali, Chennai.
8 Bid Validity 120 days from the date of opening of
bid.
9 GST Registration No. with state of Yes
Registration
10 EMD paid Details (Please Specify)
(DD/RTGS/NEFT/BG)
11 Copy of screen shot of GST filling Accepted & will be submitted
sequence report taken from GST
portal to be submitted
12 Applicability of TDS-Section, Yes
Percentage of TDS to be deducted to
be furnished and filling
13 Copy of the PAN validity certificate Yes
generated from IT portal to be
submitted
14 Acceptance to give 5% Security
Deposit in the event of placement of Yes
order / award of contract
15 Acceptance for Penalty clause 16.0
Yes
as per Annexure-8
16 Acceptance to receive payment for
Yes
actual calculation made by MFL.
17 Acceptance to all other tender
Yes
norms, terms & conditions not
mentioned herein

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18 Payment of bills will be processed when the
following conditions are met.
a. Vendor should generate 3B in GST portal
b. The bill to be reflected in 2B and 2A of
MFL GST portal
c. The bill number, bill value, GST values to
Yes
be matched with invoice and 2B/2A of
GST portal.
d. In case of RCM bills, vendor should fill
the RCM column of GSTR 1 as ―Yes‖
e. The invoice should be raised as per the
provisions of GST Act.

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

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 ANNEXURE – 5
FIXED RATE BILL OF QUOTE

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024

“SUPPLY OF LABOURER FOR TECHNICAL SERVICES DEPARTMENT FOR

GENERAL SHIFT AND SHIFT ACTIVITIES IN MFL FOR THE YEAR 2024-25”

(Rates quoted shall be inclusive of all statutory taxes and levies excluding
GST, GST will be extra as applicable at the time of billing)

Base Rate
Quoted Rate
HSN/SA per Manday
Type of Services per Manday
C code *
(in Rs.)
(in Rs.)
1 Highly Skilled Labourer 1188.37
2 Skilled Labourer 1101.72
3 Unskilled labourer 965.33
OT Rate/hr Quoted Rate
(in Rs.) per Manday
(in Rs.)
1 Highly Skilled 257.00
2 Skilled 237.00
3 Unskilled 200.82
Total 3950.24
Quoted Rate in Figures In______%
(Min 3.85%) #
Quoted Rate in words
GST _____18%(Bidder to
specify)
Applicability of GST FCM (Forward cover Mechanism) or RCM (Reverse Charge
Mechanism)

#Note: Overhead cost includes minimum service charge of 3.85%

(* ) The Base rate per man-day provided above are inclusive of Basic + DA notified
by Government of India from time to time. Moreover, it is inbuilt with PF, ESI etc.,
However, any difference in amount made for the statutory payment of PF & ESI
shall be reimbursed on production of documentary evidence.
The overhead amount quoted per head for each category by the contractor
will remain same for the entire contract period.

INSTRUCTIONS TO QUOTE IN THE ABOVE FIXED RATE BOQ ARE GIVEN

BELOW

 Bidders should ensure that prices should not be indicated anywhere in the un-
priced part. The prices should be indicated only in the price bid and nowhere
else.
 Bidders to note that if prices are indicated in their un-priced Techno-
Commercial part their offer will be rejected and NO further evaluation or
communication will be entertained in this regard.

16 of 64
 The tenderer has to quote increase in percentage over the given value only (eg.
1%, 1.5%, 2%,2.5%, etc.). Please note that the tender cannot quote
individually for all the items.
 Rate per manday given in the above Table shall be inclusive of Basic, DA
(Effective 01.04.2024),Bonus, PF, ESI, EL and Holiday. Overhead shall be
quoted over and above the rate per manday and specified separately.
 While quoting, the tenderer has to reckon all the major components, including
overhead cost, administrative charges, uniform, identity card, electronic
attendance system, profit and cost of safety apparels to be issued to labourers
such as Helmet, Shoes, Gloves, Goggles, Dust Masks, etc.
 The tenderer has to quote increase in percentage over the above given value as
Overhead.
 Based on the input in percentage, the rates in the Quoted Rate per Mandays
column will be worked out automatically and displayed with total value.

 The Normal rates per manday provided in Annexure–5 are inclusive of Basic +
DA notified by Govt. of India and Clause 4.1of Annexure–8.
WAGE (BASE RATE) CALCULATION PER MANDAY

HIGHLY UN
PARTICULARS SKILLED
SKILLED SKILLED

BASIC 693.00 637.00 523.00

DA (Effective 01.04.2024) 335.00 311.00 255.00

TOTAL PAY (BASIC+DA) 1028.00 948.00 778.00

BONUS @ 8.33% OF RS.7000/26

days (for maximum salary of NA (#) NA (#) 22.43
Rs.21,000/- per month)
PF (@ 13% OF Rs.15000)/ 26 Days 75.00 75.00 75.00

Insurance Insurance
ESI (@3.25% OF TOTAL PAY) Premium Premium 25.29
(*) (*)

EL (@ 15/ 289) X TOTAL PAY 53.36 49.20 40.38

32.01 29.52 24.23

HOLIDAY (@ 9/ 289 )X (TOTAL PAY)
1188.37 1101.72 965.33
TOTAL WAGES PER HEAD
Overtime Rates

Particulars Highly Skilled Skilled UN Skilled

TOTAL PAY
2056.00 1896.00 1556.00
(BASIC+DA)

ESI (@3.25% OF NA NA 50.57

TOTAL PAY)

Total 2056.00 1896.00 1606.57

Overtime Rate/hour 257.00 237.00 200.82

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(#) If any Bonus payable during the contract period, it will be applicable as per
Government guidelines.

(*) Insurance Premium amount shall be equivalent to the maximum of 3.25% of

their workers‘ wages (Basic + DA) which shall be reimbursed by MFL, on
production of proof of Premium paid.

PROPOSED MANDAYS FOR THE YEAR ARE GIVEN BELOW:

Category Man-days OT Hours

Highly Skilled 4382 5208

Skilled 12256 5575

Un Skilled 1252 1310

Notes

 Rates quoted shall be inclusive of all statutory duties and levies except GST.

 GST will be extra as applicable at the time of billing.

 Bidders should ensure that prices should not be indicated anywhere in the
un-priced part. The prices should be indicated only in the price bid and
nowhere else.

 Bidders to note that if prices are indicated in their un-priced Techno-

Commercial part their offer will be rejected and NO further evaluation or
communication will be entertained in this regard.

 Selection will be on L1/R1 basis based on quoted rate.

 30% (plus or minus) of variation shall be expected from the proposed

mandays for the year, depending upon plant operations.

 Regular jobs will be allocated on need basis only and during plant shutdown,
jobs will not be allocated. The mandays mentioned above are only indicative
and the contractor cannot claim as a right of the same.
 Based on the notification of GOI under Minimum wages Act the
payment to the contractor is effective from 01.04.2024 which is
inclusive of April, 2024 revised DA (including all statutory payments
to be paid to the workmen).

 Whenever Central Government notifies revision in Basic /DA /Bonus, the

Schedule of Rates shall undergo revision only statutory part of the wage
payments which shall include only PF, ESI, Bonus and the revised schedule of
rates will be given by MFL to the contractor.

 The Contractor shall pay minimum wages to labourer as prescribed by

Government of India (GOI).The Schedule of Rates shall be revised during the
tenure of the contract based on the revision of Basic / DA / Bonus by GOI
from time to time.

*****

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 ANNEXURE-6

EARNEST MONEY DEPOSIT (EMD)

TERMS & CONDITIONS
TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003
Dated 30/10/2024
1. The tenderer shall submit the Earnest Money Deposit of Rs.6,50,000/- [Rupees
Six Lakhs Fifty Thousand only]by way of Insurance Surety Bond or Demand
Draft drawn in favour of ―Madras Fertilizers Limited‖ payable at Chennai or
Bank Guarantee (BG) in the approved format (Annexure-10) valid for 45 days
beyond the offer validity period of the bid or thru RTGS per details furnished in
Annexure 12.
2. Independent confirmation for having issued the BG by the concerned banker
should be sent directly to DGM –Technical Services & MM, MFL, Manali,
Chennai 600 068, within three working days from the date of technical bid
opening.
3. Micro & Small Enterprises (MSE‘s) shall be exempted from paying EMD by
uploading valid document‘s /certificates issued by NSIC or MSME or any other
body specified by the ministry of MSME.
4. The Tenderer is not entitled for any interest on the EMD and not for any right
of award of contract.

5. EMD shall be returned / refunded to the unsuccessful tenderers only after

finalization of the contract. If paid by way of DD, it will be refunded through
RTGS/NEFT transfers and in case of BG, it will be returned to the unsuccessful
tenderers after finalization of the contract.
6. After submission of 5% of the contract value as security deposit by way of
DD/BG or through RTGS by the successful tenderer, EMD submitted by way of
BG will be returned to them. EMD will be refunded to the successful tenderers
only after receipt of Security Deposit.
7. Offers without EMD or valid NSIC/MSEs certificate or any other body specified
by the ministry of MSME for exemption from EMD Payment, will be rejected.
8. EMD amount shall be forfeited without prejudice to any claim, if the tenderer,
after submitting his tender, resiles from his offer or modifies the terms and
conditions thereof, or fails to enter into agreement and take up the work
within 21 days from the date of award of the contract.
9. Unreturned EMD in respect of earlier tenders, if any, cannot be adjusted
against this tender.
10. EMD payment either in the form of DD or Insurance Surety Bond or BG or thru
RTGS, or, if seeking exemption based on NSIC, DGS & D, MSME and MSEs
with relevant certificates should reach the office of the DGM-Technical Services
& MM, Madras Fertilizers Ltd., Manali, Chennai 600 068 on or before
03.12.2024 with clear superscription on the cover as ―EMD FOR SUPPLY OF
LABOURER FOR TECHNICAL SERVICES DEPARTMENTS FOR GENERAL SHIFT
AND SHIFT ACTIVITIES IN MFL FOR THE YEAR 2024-25‖– TENDER NO.
ESER/TS/IP/LABOURER SUPPLY/281124/003 Dated 30/10/2024
11. EMD cover should reach the office of DGM- Technical Services & MM, Madras
Fertilizers Ltd., Manali, Chennai 600 068, on or before 03/12/2024. Online
technical bids without receipt of EMD in time will be rejected.

****

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 ANNEXURE –7

SECURITY DEPOSIT (SD) - TERMS & CONDITIONS

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024
1. The successful tenderer shall pay 5% of the total contract value (excluding
applicable GST) towards Security Deposit by Demand Draft or Insurance Surety
Bond or Bank Guarantee in the approved format (Annexure–11) valid upto
sixty days beyond the completion of the contract, issued by a Scheduled Bank
to the satisfaction of MFL, payable and enforceable at Chennai or thru RTGS as
per Annexure–12, within 21 days from the date of issue of Award of Contract.
Claim period should be one year from the date of Expiry of validity period of BG.
Independent confirmation of BG by the issuing Bank shall be sent directly to the
DGM–Technical Services & MM, Madras Fertilizers Ltd, Manali, Chennai - 600
068.

2. If the tenderer has previously held any contract and furnished SD, the same
shall not be adjusted against this tender and a fresh SD shall be furnished.

3. The SD shall be refunded after the completion of one year contract period
subject to the contractor carrying out all the obligations or operations as
required per tender.

4. Failure to pay SD shall be treated as failure to discharges the duties under the
contract and shall result in cancellation of the offer of contract besides forfeiture
of EMD.

5. MFL reserves the right to appropriate any part or the whole of the amount of SD
without prejudice to other claims against the contractor for losses suffered by
MFL due to breach or failure on the part of the contractor or due to termination
of the contract or contractor becoming disqualified because of liquidation or
insolvency or charge of composition. The decision of MFL in respect of such
losses, damages, expenses; or costs shall be final and binding on the contractor
and shall not be called into question.

6. In the event of the SD being insufficient or if the SD has been wholly forfeited,
the balance of the total sum recoverable as the case may shall be deducted
from any sum then due or which any time thereafter may become due to
contractor under this or any other contract with MFL. Should that sum also be
not sufficient to cover the full amount recoverable, the contractor shall pay to
MFL on demand the balance amount due. Whenever the SD falls short of
specified amount the contractor shall make good the deficit in cash so that the
total amount of security deposit shall not at any time be less than the specified
amount.

7. SD shall be liable for forfeiture without prejudice to any other claims & in case
of BG, the same shall be invoked, in the event of breach of contract or failures
by the contractor, if any.

8. SD shall not carry any interest.

****

ANNEXURE – 8
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 GENERAL TERMS & CONDITIONS

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024

1.0 DEFINITIONS

1.1 The term ―Contract‖ shall mean and include the entire tender and the
agreement signed by the Contractor and Madras Fertilizers Limited.

1.2 ―Contractor‖ shall mean and include those entering into agreement with
Madras Fertilizers Limited, their heirs, representatives, executors,
administrators, successors and their permitted assignees, as the case
may be.

1.3 ―MFL‖ shall mean and include Madras Fertilizers Limited., Manali, Chennai
600 068 or any of its authorized officers.

1.4 ―Services‖ shall mean and include all items of work, duties / responsibilities
of the contractor and / or any other item of work not specified but consistent
with general terms of the contract and entrusted by MFL.

1.5 ―Contract Rates‖ shall mean the rates of payment fixed by MFL and accepted
by the contractor. Escalation in ―Contract Rates‖ will not be permitted under
any circumstances, unless and otherwise Central Government notifies any
revision in Basic/DA/Bonus.

1.6 ―Company‘s Representatives‖ shall mean and include the General Manager
(Plant), Deputy General Manager –Technical Services & MM or other officers
of the Company in-charge of Plant operations.

2.0 PERIOD OF CONTRACT

The period of contract will be one year from the date of commencement of
the contract and can be extended for one more year with mutual consent at
the same rates, terms and conditions provided no downward trend in price.

If the contract is extended for one more year or part, the contractor has to
pay additional security deposit for the increased contract value towards the
extended period.

3.0 PLACE OF WORK

TECHNICAL SERVICES DEPARTMENT (FOR GENERAL SHIFT AND SHIFT

ACTIVITIES) in MFL Plant site at Manali, Chennai – 600068.

4.0 RATES

4.1 The rates are to be quoted based on the following safety and statutory
requirements to the workmen and the contractor will also ensure the
compliance of:

a. 9 days Festival holidays (National and Festival holidays act, 1958) and 15
days earn leave with wages per Factories act. 1948.
b. Compliance of Statutory obligations such as payment of PF, ESI & Bonus for
the wages as per Central Government Norms.

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 c. 2 pairs of Safety Shoes per year
d. Issue of one helmet per year
e. Issue of gloves on daily basis
f. Issue of three sets of Uniforms per year
1. Three sets of good quality dress materials should be issued to all
labourers.
2. Stitching charges for three sets of Uniform should be reimbursed to all
labourers.
g. Issue of ID cards to all labourers
h. Issue of Soap & Towels

The Normal rates per man day provided in Annexure–5 are inclusive of
Basic + DA notified by Government of India and (a) & (b) of the above.
The tenderer has to reckon the expenses of all the components from (c) to
(h) while quoting the overhead charges.

4.2 The tenderers shall quote the rates in percentage in the proforma, ―FIXED
RATE BILL OF QUOTE‖ furnished as Annexure-5.

4.3 It shall be deemed that the Tenderer has satisfied himself by actual
inspection of the site and locality of the work that the rates quoted by him in
the tender will be adequate to carry out the work according to the
specifications and conditions and that he has taken into account all the
conditions and difficulties that may be encountered during the course of work
and to have quoted labour and all other charges necessary for the completion
of the work to the entire satisfaction of the DGM- Technical Services & MM.

4.4 The rate quoted should be inclusive of the statutory payments, which the
Contractor is statutorily required to make, like PF, ESI, Minimum Bonus @
8.33% and also the cost of services towards providing Safety equipment such
as Helmets, Shoes, Hand Gloves etc. to the workmen. However, GST shall
be excluded from the quote. PF, ESI & Bonus will be calculated as per
Central Govt. norms.

4.5 The rates quoted shall be firm for the contract period from the date of
commencement of the contract. However, whenever Central Government
notifies revision in Basic / DA / Bonus, the Schedule of Rates shall undergo
revision only statutory part of the wages payments which shall include only
PF, ESI & Bonus. The revised schedule of rates will be implemented with the
approval of Group Head and the revised schedule of rates will be given by
MFL to the contractor.

4.6 Tenderers are advised to quote rates inclusive of statutory levies (excluding
GST).

5.0 OPENING AND ACCEPTANCE OF TENDER

5.1 Tenders received shall be opened on the date and time as specified in the
NIT.

5.2 Madras Fertilizers Limited shall reserve the right to accept any tender or
reject any or all the tenders without assigning any reason. Madras Fertilizers
Limited is not bound to accept the lowest or any other tender and shall
reserve the right to negotiate the rates with any or all the tenderers and shall
also reserve the right to take any decision regarding the tender.

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5.3 Tenders not conforming to these instructions shall be liable to be rejected at
the sole discretion of the Deputy General Manager – Technical Services &MM.

5.4 The tenderers should be prepared to come to Madras Fertilizers Limited Plant
at Manali, Chennai - 600 068, for discussions with the Company‘s Authorities,
at their own expense and without any obligation, if called upon to do so.

5.5 Acceptance of the tender will be intimated to the successful tenderer through
award of contract. The successful tenderer should submit the Security
Deposit within the time specified in the award of contract. In the event of
failure on the part of the Contractor to pay the security deposit within the
specified time, the amount of Earnest Money shall be forfeited and the
acceptance of his tender shall be considered withdrawn without prejudice to
any other rights and claims by MFL.

5.6 The successful tenderer should execute an agreement within 21 days from
the date of commencement of contract.

6.0 H1 ELIMINATION

 MFL requires minimum of 6 bidders for H1 Elimination.

 After opening the price bids, the H1 bidder / bidders will be eliminated, only
if the minimum number of eligible bidders for Reverse Auction are 5.

Example Conditions

Condition – 1

No. of bidders – 6
H1 bidders – 3 (Highest quoted bidders with same rates)
(Eligible bidders for Reverse Auction if H1 elimination carried out would be 3)

Hence no H1 elimination would be carried out and all the 6 parties would be
allowed to participate in the Reverse Auction.

Condition – 2

No. of Bidders – 10
H1 Bidders – 4 (Highest quoted bidders with same rates)
(Eligible bidders for Reverse Auction if H1 elimination carried out would be 6)
Hence all the H1 Bidders (4 bidders) would be eliminated and the remaining
6 bidders would be allowed to participate in the Reverse Auction.

7.0 BASIS OF ARRIVING AT L1 / R1 TENDERER

 The bidder who quoted the lowest rates in the Price Bid shall be considered
as L1 tenderer.

 However, during Reverse Auction, the bidder, who quoted the lowest rate,
shall be considered as R1 tenderer (Final L1 Tenderer)

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  MFL reserves the right to go in for Reverse Auction process and/or
negotiation, if required or may finalize the tender without Reverse Auction
and/or negotiation. However, the decision, if any to conduct Reverse
Auction will be conveyed to short-listed bidders. Business Rules for
Reverse Auction will be circulated, if Reverse Auction is necessary and the
same needs to be accepted and signed by the technically shortlisted
bidder.

8.0 REVERSE AUCTION

 MFL Reserves the right to go for Reverse Auction process, if required or

may finalize the tender without Reverse Auction. However, the decision to
conduct Reverse Auction or not will be conveyed to short-listed bidders.
The business Rules for Reverse Auction will be circulated, if Reverse Auction
is necessary and the same needs to be accepted and signed by the
technically shortlisted bidder.

 Applicable where there is more than one techno-commercially qualified bid.

 Reverse Auction will be conducted with IOP (Initial Opening Price) at the
lowest total rate quoted in the price bid and Decrement Value at 0.1% of
IOP.

 The bidder who quoted the lowest rate in Reverse Auction shall be treated
as final R1 tenderer (L1 tenderer after Reverse Auction).

 The ratio of Final Total Amount (quoted by the R1 vendor in the Reverse
Auction) to the Total Amount (Initially displayed in the BOQ by MFL) will be
proportionately applied on all the items.

 If any of the vendors not responded / participated in the Reverse Auction,

their original quoted rates will remain same.
9.0 NEGOTIATION WITH L1/R1 TENDERER

Applicable under the following circumstances:

 Where there is only one Techno Commercially qualified bid.

 Where there are more than one Techno Commercially qualified bids and
where reverse auction is conducted but no competitive bid in reverse
auction, negotiation with L1 / R1 tenderer.

10.0 SUBLETTING AND TRANSFER

10.1 The contractor shall be solely responsible for rendering any or all the
services. He shall not sublet/transfer/assign the contract or any part thereof,
to others. All his dealings with third parties shall be as between two principals
without reference, in any way to Madras Fertilizers Limited. The contractor
shall also undertake to make third parties fully aware of the position
aforesaid.

10.2 The contractor shall be responsible for all the obligations arising out of
enforcement of Contract Labour (Regulation and Abolition) Act in force or as
amended from time to time. He shall also be liable to reimburse Madras
Fertilizers Limited for any expenses which the latter, as principal employer,
may incur in meeting with any of the provisions of the Act.
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10.3 If MFL is unable to continue the contract due to enforcement of any of the
provisions of the Contract Labour (Regulation & Abolition) Act, then this
contract shall cease forthwith and no notice for such termination shall be
given by MFL. The contractor shall not be entitled to any damage,
compensation, loss of expense whatsoever, arising out of such termination of
the contract.

11.0 REMUNERATION
The contractor shall be paid remuneration in respect of the services
described in the scope of work performed by him, at the contracted rates per
Annexure–5 or the rate accepted by the contractor.

12.0 PAYMENT TERMS

12.1 The contractor shall submit his bills monthly in triplicate for the services
rendered by him and 60 days (45 days for MSEs) credit payment will be
made by the Accounts Department of Madras Fertilizers Limited from the
date of submission of bill on completion of the job thru RTGS/NEFT transfer.

12.2 If payment is delayed beyond the period mentioned above due to any
reason, it will not be construed as violation of the terms and conditions of
the contract, nor will give any right to the contractor to suspend the work
under this contract. The contractor shall not be entitled to any interest on
the amount of bills.

12.3 ―From the payments to the contractor against the bills for the services
rendered, amount towards statutory levies and wages to the contract
workmen to be made by the contractors will be retained and the same will
be returned only on production of proof of remittance of statutory levies to
the respective statutory authorities and payment of wages to workers‖.

12.4 The approved rate (Schedule of rate) is inbuilt with PF, ESI, Bonus etc., and
components. The contractor shall produce documentary evidence of
statutory payments made in respect of previous month while submitting the
bill for current month. However, MFL shall pay the difference in
amount made for the statutory payment viz., PF, ESI etc., if any, on
production of documentary evidence. MFL P&A dept. will issue
clearance to F&A dept. for processing the current bills after verification of
details of earlier month‘s statutory payments. If documentary evidence is
not furnished by the contractor, clearance will be given for only 70% of
payment and 30% of the total bill amount will be withheld. The withheld
amount will be released on production of documentary evidence.

12.5 Payments of bill will be processed only when the following

conditions are met:

 Vendor should generate 3B in GST portal.

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  The bill to be reflected in 2B and 2A of MFLGST portal
 The bill number, bill value, GST values to be matched with
invoice and 2B/2A of GST portal.
 In case of RCM bills, vendor should fill the RCM Column GSTR
1 as “Yes”
 The invoice should be raise as per the provisions of GST Act

13.0 COMPLIANCE OF LABOUR LAWS

13.1 The contractor shall comply with the provisions of the Factories Act, 1948,
Contract Labour (Regulation & Abolition) Act, 1970, ESI Act 1948/
Workmen‘s Compensation Act, 1923, Employees Provident Funds and
Miscellaneous Provisions Act, 1952, Payment of Bonus Act, 1965 and
amendment act 2015, Payment of Gratuity Act, 1972 and 2016, Tamil Nadu
Industrial Establishments (National & Festival Holidays) Act 1958, Payment of
Wages Act 1936, Minimum Wages Act 1948 & 2017 per Central Government
Notification and Child Labour (Regulation and Abolition) Act and any other
law applicable to the contract workmen as amended from time to time. The
Tenderer has to pay the Minimum Wages as stipulated by Central
Government, as the Company comes under the Deputy Chief Labour
Commissioner, Central Government.

13.2 The contractor shall fully indemnify MFL for any default or non-observance by
the Contractor or any of his representatives of any of the provisions of the
above mentioned enactments and the rules framed thereunder. Even though
the Contractor shall be solely liable for settlement of any claim made by any
person due to the non-observance by the Contractor of any of the Provisions
or otherwise of the enactments cited, MFL reserves its right to settle directly
any amount due by the contractor as mentioned above and to recover such
amounts from any of the amounts payable by MFL to the contractor or in the
absence of the same as debt due to MFL by the Contractor.

13.3 The Contractor shall, whenever required by the Company or Government

Officials authorized under the Statutes, produce for inspection, all Forms,
Registers and other papers required to be maintained under various statutes.

13.4 In the case of non-coverage of employees under ESI scheme / EPF besides
the recovery of the amounts due by any contractor towards their
contribution, penal interest and / or damages as may be levied by ESI
Corporation or EPF Authorities, a penalty of 20% of the above amount would
also be levied and recovered from their bills. In the event of cessation of the
contract due to any reason whatsoever, the security deposit will be refunded
only after the Contractor satisfies MFL as regards their having paid in full all
payments relating to ESI/EPF payable by them and on execution of an
Indemnity Bond and / or other documents to MFL as may be required by the
Company.

13.5 The Contractor shall provide workmen with necessary safety appliances. The
same shall be done at his own cost. If any of the workmen of the Contractor
is found not complying with safety regulations during operations, the
necessary safety appliances will be provided to the workmen and the cost
shall be deducted from the Contractor‘s bill.

13.6 The contractor shall ensure that all the Rules and Regulations in force from
time to time regarding safety, hygiene, sanitation and prohibition of smoking
are complied with by his workmen.

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13.7 PAYMENT OF WAGES

The Contractor shall pay wages to their workmen notified by the Government
of India under the provisions of Contract Labour (Regulation and Abolition)
Act and Minimum Wages Act. The Contractor shall pay monthly prescribed by
the Government of India to their contract workers on or before 7th of every
month without fail as per payment of wages Act, 1936-Sec.5

13.8 ATTENDANCE SYSTEM:

Electronic Attendance System shall be provided for your labourers for ENTRY
and EXIT of work at MFL.

13.9 ESI, Insurance & PF

The Contractor shall remit the dues of ESI Act 1948 and EPF Act 1952 in
respect of workers engaged as per provisions of Acts every month to avoid
any penal interest and damages.

If the successful bidder is having their code numbers outside the jurisdiction
of Chennai, the bidder should obtain Sub Code to cover the workers engaged
in MFL from ESI authorities, Chennai jurisdiction.

 All contract employees must be covered under workman compensation policy

irrespective of limit of monthly wages.

 Adequate Insurance coverage to be provided for employees whose monthly

wages (Basic+DA) exceeds Rs.21,000/- per month. Adequate insurance
includes Life Insurance, disability compensation and medical coverage as per
government statutory norms for your contract employees.

 Insurance, disability compensation and medical coverage as per government

statutory norms for your contract employees.

 Insurance Premium amount shall be equivalent to minimum 3.25% or more

of their workers wages (Basic+DA) which shall be reimbursed by MFL, on
production of proof of Premium paid.

 The rates provided in the Schedule of rate are inclusive of Basic + DA notified
by Government of India from time to time. Moreover, it is inbuilt with PF,ESI
& Insurance etc., However any difference in amount made for the statutory
payment of PF,ESI & Insurance shall be reimbursed on production of
documentary evidence.
14.0 LABOUR LICENSE

The successful bidder has to obtain Labour License from the Regional Labour
Commissioner, Chennai within 15 days from the commencement of work as
stipulated in the Contract Labour Regulation Act 1972.

15.0 Medical Fitness Clause:

The contractor shall produce medical fitness certificate of Contract workmen
engaged by them at the start of the Contract and after every six months
thereafter. The medical fitness certificate must be obtained following all
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 formalities with the Inspector of Factories, which is a crucial statuary
requirement. Upon submission of the medical fitness certificate endorsed by
the Inspector of Factories, along with the invoice, medical fitness expenses
Rs.400 per employee per test will be reimbursed (Rs.800/- for two tests per
year).

16.0 MFL SAFETY RULES AND REGULATIONS

16.1 The contractor shall adhere to existing MFL Safety Rules and
Regulations and the work Permit System for work inside MFL premises
during the tenure of contract work. Jobs will be performed in a time
bound schedule as per the instructions given to the contractor by MFL
Engineers or other authorized representatives from time to time.
16.2 The necessary safety and personal protective equipment like helmets,
safety belt, goggles, shoes, gloves, etc. should be provided by the
contractor to his workmen, in compliance with full safety regulations. If
any workmen not wearing safety appliances as stated above shall be
charged Rs.50/- for each such occasion.
16.3 The contractor shall acquaint himself thoroughly with and shall strictly
enforce the rules and regulations, safety and security and follow the
system and procedures in force at MFL.
16.4 The contractor shall ensure that personal protective equipment needed
for the job to be used by each of their personnel (supervisor, highly
skilled, skilled and unskilled workmen) all the time.
16.5 The contractor shall obtain, at his own expense all permits, licenses
and governmental approvals necessary for the performance of the
works, shall give all notices required and shall comply with laws,
ordinances, rules and regulations, applicable to the works.
16.6 Smoking inside the factory premises is very dangerous and is strictly
prohibited. The contractor shall ensure that his men do not smoke
inside the factory premises.
16.7 The contractor shall obtain Entry tokens/passes from the Security force
and distribute the same to his employees. He shall ensure that the
Tokens / Passes are displayed by his workmen while on duty without
fail. The contractor shall be liable to pay Rs.50/- or such other amount
as may be specified by the company towards penalty for each token /
pass lost by his workmen / supervisors.
16.8 If any of the above terms and conditions is not observed or fulfilled,
the contractor shall be liable for Civil Proceedings and forfeiture of any
money due to him by the company for any liability / cost incurred by
the company in fulfillment of the above conditions. The company will
also have a right to recover the balance amount as a debt due to MFL
by the contractor.
16.9 The contractor shall be solely responsible for providing at his own cost,
first aid, medical facilities, hospitalization, etc. in the event of any of
contract workmen sustaining any injury, meeting with accident, falling
ill, or otherwise. The company is not obligated to provide any of the
above facilities, if such events occur. However, upon request by the
contractor the company may extend its first aid transportation to
hospital or such other medical centres. The cost of such first aid,
medical facility or transportation as may be determined by the
company, shall be deducted from the contractor‘s bill.
17.0 PENALTY CLAUSE
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17.1 MFL shall be at liberty to recover the quantum of any damages, losses, costs
or expenses incurred by them due to contractor‘s negligence or unworkman
like performance. The amounts shall be deducted from any sum then due or
which at any time thereafter may become due to the contractor under this or
any other contract with MFL or from any security deposits of the contractor
with MFL. Should these sums be not sufficient to cover the full amount
claimed by MFL, the contractor shall pay MFL, on demand, the balance of the
aforesaid amount claimed. The contractor shall enforce discipline among his
workmen / supervisors adhere strictly to all safety procedures as stipulated
by the company from time to time. A code of conduct will be signed by the
contractor at the time of awarding the contract in enforcing the discipline
among his contract men.
17.2 Additional Penalties
In addition to the penalties enumerated above, the default by the contractors
/ labourers due to the following will attract penalties as indicated below:
 For any failure, negligence or refusal on part of the contractor to
complete the assigned jobs Rs.6000/- per day.

 For non-completion of assigned work due to inadequate engagement of

labourers by the contractor – Rs.3000/- per shift.

 Inadequate supervision: ₹ 1000/shift

17.3 Besides levy of the above penalties, MFL reserves its right to summarily
terminate the contract for repeated non-performance or inadequate
performance of any of the terms of contract.

17.4 Strike or cessation of work by the contractor‘s labour owing to any dispute
with the contractor pertaining to wages or otherwise will not be deemed to
be a reason beyond the contractors control and the contractor shall pay a
penalty of Rs.2,00,000/-(Rupees Two Lakhs Only)for each day and shall, in
addition, also be responsible for any loss / damage which may suffer on this
account. Full day penalty will be levied even for one hour stoppage of work.
No pro-rata basis penalty will be levied.

18 WITHDRAWAL OF CONTRACT

If the contractor withdraws the contract during the contract period, MFL shall
have the right to get the work done for the unexpired period of the contract
at the risk and cost of the Contractor and recover the losses, damages,
expenses or costs that may be suffered or incurred by MFL in addition to
forfeiting contractor‘s Security Deposit.

19 SUMMARY TERMINATION
19.1 Notwithstanding anything contained in the Clause 2.0 Supra, MFL reserves
the right to terminate the contract forthwith at any time during the currency
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 of the contract or in the event of contractor becoming insolvent or going into
liquidation.

19.2 MFL shall also have, without prejudice to any other rights and remedies, the
right in the event of breach/failure by the Contractor of any of the terms and
conditions of the Contract or due to the Contractor‘s inability to perform as
agreed for any reason whatsoever, to terminate the contract forthwith and
get the work done for the unexpired period of the contract at the risk and
cost of the Contractor and recover the losses, damages, expenses or costs
that may be suffered or incurred by MFL besides forfeiture of Security
Deposit.

19.3 The decision of Madras Fertilizers Limited about the breach / inability / failure
on the part of the Contractor shall be final and binding on the contractor and
shall not be called into question.

19.4 MFL reserves the right to terminate the contract without any notice in writing
or without any obligation on the part of MFL in the event of MFL‘s decision to
operate the work by a different system.

19.5 Besides levy of the above penalty per Clause 15.0, MFL reserves the right to
summarily terminate the contract for repeated non-performance or
inadequate performance of any of the terms of contract.

20.0 SIGNING THE TENDER AND DOCUMENTS

20.1 INTEGRITY PACT

 Signing of Integrity Pact (IP) is mandatory for every tenderer

participating in this tender. A copy of the IP is enclosed
(Annexure-17), which may be deemed to have been signed by
MFL. The Tenderer(s) and MFL shall be bound by the provisions of IP
in case any complaint relating to the tender is found substantiated.
 The IP shall be executed on a plain paper and duly signed on each
page by the same signatory who signs the bid document. Any bid
not accompanied by duly signed IP by the Tenderer would be
rejected.
 The Independent External Monitors (IEMs) nominated by Central
Vigilance Commission (CVC) for the tender shall be:

1. Shri Aditya Kumar Mittal, IRSE (Retd.)

Contact No. +91 9560527000,
e-mail: [email protected]

2. Shri Ashwani Kumar Mehta, IRS (Retd.)

Contact No. +91 9819899925,
e-mail: [email protected]

Any tender related complaint, for tenders covered under Integrity Pact having value
of Rs.2 (Two) crore and above, may be addressed to the Independent External
Monitors (IEMs).

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20.2 The tender duly filled in all respects shall be signed digitally on each page by
the tenderers.

20.3 The tender and all connected documents shall be signed by all the
Directors/Members of the tenderers or by any such person, who has the full
authority to bind all Directors/Members of the tenderers.

20.4 Person or persons signing the tender shall state in what capacity he is or
they are signing the tender, e.g. as Sole Proprietor of a firm or as Secretary /
Manager / Director etc. of Limited Company.

20.5 In the case of a Partnership Firm, the names of all the partners should be
disclosed and the tender shall be signed by all the partners or their duly
constituted attorney having authority to bind all the partners in all the
matters pertaining to the contract, including the arbitration clause.

20.6 Self-attested copies of Partnership Deed and Power of Attorney shall be

submitted along with the tender.

20.7 In the case of a limited company, the names of all Directors shall be
mentioned and it shall be certified that the person signing the tender is
empowered to do so on behalf of the Company. Self-attested copy of the
Memorandum and Articles of Association of the Company shall be attached to
the Tender.
20.8 In the case of Hindu undivided family, the names of the family members be
disclosed and the Karta who can bind the firm should sign the form and
indicate his status below his signature. The person signing the tender form
or any documents forming part of the tender on behalf of another or on
behalf of a firm shall be responsible to produce a proper Power of Attorney
duly executed in his favor stating that he has authority to bind such others or
the firms, as the case may be, in all matters pertaining to the contract,
including the Arbitration Clause.
21.0 CONSTITUTION OF THE TENDERER

21.1 The Contractor shall not change the constitution of the composition during
the currency of the contract without the prior approval of MFL. Any change
in the composition of contractor and happenings like death / resignation of
any Partner / Director / Member shall be notified within 24 hours of such
change / happenings by Registered Letter to Deputy General Manager –
Technical Services & MM, Madras Fertilizers Ltd., Manali, Chennai 600 068.
On receipt of such notice, MFL reserves the right either to terminate or
continue the contract.

21.2 The Contractor shall produce the original Power of Attorney granted in favour
of the Signatory of the Tender and the Partnership Deed.

21.3 In the event of any dispute, Legal or other proceedings, by any party or
parties concerning the constitution or composition of the contractor, MFL
reserves the right to itself take such necessary action as it deems fit,
including termination of the contract, withholding payments due to the
Contractor.

21.4 The Contract shall be awarded on the basis of ‗Principal-to-Principal Contract‘

and the Contractor shall be deemed to be in an independent contractor
engaged for the performance of service / work / job in the manner and to the
extent provided in these presents.

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22.0 INFORMATION ABOUT TENDERERS
22.1 The tenderers shall furnish at the time of submission of tender, complete,
correct and precise details about themselves, viz. name and address,
composition, their main business and Income Tax paid – Annexure-9. In
case of change in composition, it should be intimated to MFL within 24 Hours
along with the required documents. If not done so, MFL reserves the right
either to terminate or continue the contract.

22.2 The tenderers should attach the certificates (issued by competent authority)
for previous jobs executed so far in a large scale industry to justify their
capacity and knowledge to execute the job of the nature and extent. Failure
to attach Experience Certificate along with the tender shall be rejected.

22.3 Tenders not accompanied by all the Schedule/Annexures intact and duly filled
in and signed, shall be rejected.

23.0 LAWS GOVERNING THE CONTRACT

The contractor will be governed by the Laws of India for the time being in
force and made or as amended from time to time and the jurisdiction of the
Court shall be that of the place where the Registered Office of MFL is situated
(CHENNAI only).
24.0 FORCE MAJEURE
The terms and conditions of the orders shall be subject to force majeure.
Neither Contractor nor MFL shall be considered in default of its obligation
under this contract, if such performance is prevented or delayed because of
war, hostilities, revolution, civil commotion, sabotage, strikes, lock outs,
fires, floods, explosions, epidemics, accidents, freight embargoes on export
or import to India, Acts of God, Acts of Government, should one or both
parties be prevented from fulfilling their actual obligations by the state of
force majeure lasting continuously for a period of 3 months the two parties
should consult each other regarding future implementation of the contract.

Tenderer shall promptly notify MFL in writing of such conditions and the
cause thereof within twenty one days of occurrence of such event. Unless
otherwise directed by the MFL in writing the Contractor shall continue to
perform its obligations under the contract as far as reasonably practical, and
shall seek all reasonable alternative means for performance not prevented by
the Force Majeure event.

25.0 ARBITRATION CLAUSE

All disputes shall be settled in accordance with the laws of India for the time
being in force and as amended from time to time.

Any or all disputes arising out of the Contract / agreement shall settled by
mutual discussions and in the event of failure to do so, such dispute(s) shall
be referred to a Sole Arbitrator, who will be appointed by mutual consent for
settlement of such dispute(s) and whose decision shall be final and binding.
In the event of failure to appoint such a Sole Arbitrator, with mutual consent,
then the Sole Arbitrator will be appointed through the High Court of
Judicature at Madras.

Subject as aforesaid, the Arbitration and Conciliation Act 1996 shall apply to
the Arbitration Proceedings under this clause and such Arbitration shall be in
English and take place in the city of Chennai only.
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26.0 Successful Bidder shall furnish the following:
 GST Registrations Number from which State the supplies is being made

 Copy of screen shot of GST filling sequence report taken from GST
Portal

 Applicability of TDS – Section, Percentage of TDS to be deducted

 Copy of PAN validity certificate generated from IT Portal

 Please Specify, whether FCM (Forward Cover Mechanism) (or) RCM

(Reverse Charge Mechanism), with respect to applicability of GST.

27.0 HOLIDAY LISTING OF AN AGENCY:

An Agency can be put on ―Holiday list‖, for a minimum duration of one year and
up-to a maximum period of three years by MFL in the following circumstances.
 Withdraws / revises the bid upwards after becoming L1 Bidder, within the
bid validity period.

 Has committed breach of contract or has abandoned the contract.

 Has not honoured the / letter of Award / Contract / Purchase Order after
the same is issued by MFL.

 Non-performance or poor performance, unsatisfactory performance, no

response consistently with respect to delivery/time schedule / service,
not meeting delivery schedule / time schedule / service, poor quality and
workmanship despite repeated request to improve performance.

However, before An Agency is put on Holiday list, the shortcomings will

be brought to the notice of the Agency, in writing and proper notice
specifying the grounds therein will be given in writing of the intention of
MFL to put them on Holiday list if the Agency does not rectify the
breaches within a specified period of time. Two weeks time will be given
to the Agency to offer their explanation. If the explanation is not found to
be satisfactory or no explanation is received from the Agency within the
stipulated time period, action/approval for putting the Agency on holiday
list shall be taken by MFL without any further notice. The name of the
Agency put on holiday list will be displayed on MFL‘s website.

In the Mean-time, further tenders will not be issued to such an Agency.

Offer of such an Agency shall not be considered in MFL Tender.

GENERAL

CANVASSING IN ANY FORM IS STRICTLY PROHIBITED AND THE

TENDERER WHO RESORTS TO CANVASSING, SHALL BE
DISQUALIFIED.

****

ANNEXURE – 9

INFORMATION ABOUT THE TENDERER AND UNDERTAKING

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 TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003
Dated 30/10/2024

Sl.
Information Required To be Filled in by Tenderer
No.
1 Name of the Tenderer
2 Address of Registered Office and
Branches
3 Address and Phone Number, Fax
Number, Email ID etc.
4 Composition of Tender (here state
whether it is Hindu Joint Family
Business, Proprietorship concern or
Registered Partnership or a Limited
Company)
5 Nature of normal business of the
tenderer
6 Experience of similar working
(Certificate to support statement must
be enclosed)

7 Any other experience and reference of

the Companies (Attach separate
sheet, if necessary). Copies of
certificates (Award of contract and
experience) to support statement
must be attached.
8 Details of Turnover
9 Copy of PAN Card and 3 years IT
Assessment order 2021-22, 2022-23
& 2023-24 to be attached

10 Copies of Audited statement of

Accounts with Balance Sheet for the
years 2021-22, 2022-23 & 2023-24
11 PF Code No.
12 ESI Code No.
13 Labour License No., if any.
14 GST Registration No.
15 Any court case is filed against you or
your concern

16 Have you / your Firm filed any case

against MFL
17 DD No., Date, Name of the Bank and
amount towards EMD

Note: Copies of documents are required to be attached for Sl. Nos.5 to 14.

Incomplete information and non-submission of copies of supporting documents will

lead to rejection of tender.
34 of 64
I/we declare that the above information is true to the best of my / our knowledge.

Place: Signature of the Tenderer

Date : (Name & Office seal)

SELF DECLARATION

I/We hereby declare that I/We have not been banned and de-listed / holiday listed
by any company / PSU / Government Department / Financial Institution / Litigation
with MFL.

Place : Signature of the Tenderer

Date :

(Name & Office seal)

35 of 64
 TENDERER UNDERTAKING

TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003

Dated 30/10/2024

THE TENDERER HEREIN

 Agrees, accepts and abides by all the terms, conditions and covenants of the
tender having read and understood the tender documents in full including the
specification, scope of work, instructions, forms, annexures, terms &
conditions etc.

 Confirms and acknowledges that the bids placed are true, accurate & with the
best knowledge.

 Confirms that awarding of the contract based on the bids of the tenderer is the
sole discretion of MFL.

 Undertakes to honor the bid(s), which is legally binding on, if the contract is
awarded to the tenderer.

 Accepts EMD, SD & Penalty Clause and agrees to invocation of the respective
clause(s) in case of non-fulfillment of commitment.

 Declares that M/s NIC provided the training to participate in e-Tender

 Agrees to accept any changes, if any, to the tender that may be made
subsequently after releasing the tender, but before the last date meant for
submission of bids, with respect to specification, last date for bid submission
and/or any other clauses/terms of the tender.

 Agrees to accept any changes made in the tenders & subsequent corrigendum
from the e-Tendering portal of M/s NIC / CPPP.

 Declares that we have not been Delisted / Holiday by other PSU etc.

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

ANNEXURE – 10

BG FORMAT FOR EMD

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Whereas____________________________________________________________
____ (hereinafter called the ―tenderer‖) has submitted their offer dated
__________ for supply of ___________________________________________
(hereinafter called the ―tender‖) against the purchaser‘s tender enquiry No.
_____________________ KNOW ALL MEN by these presents that we
_____________________________ of _____________________________ having
our registered office at _______________ are bound unto ____________________
(hereinafter called the ―Purchaser‖) in the sum of
___________________________________ for which payment will and truly be
made to the said Purchaser, the Bank binds itself, its successors and assigns by
these presents. Sealed with the Common Seal of the said Bank this
_____________ day of ____________ 20____.

THE CONDITIONS OF THIS OBLIGATION ARE:

(1) If the tenderer withdraws or amends, impairs or derogates from the tender
in any respect within the period of validity of this tender.

(2) If the tenderer having been notified of the acceptance of his tender by the
Purchaser during the period of its validity;

(a) If the tenderer fails to furnish the performance security for the due
performance of their contract.

(b) Fails or refuses to accept / execute the contract.

WE undertake to pay the Purchaser up to the above amount upon receipt of its first
written demand, without the Purchaser having to substantiate its demand, provided
that in its demand, the Purchaser will note that the amount claimed by it, is due to
it owing to the occurrence of one or both the two conditions, specifying the
occurred condition or conditions.

This guarantee will remain in force upto and including 45 days after the period of
tender validity and any demand in respect thereof should reach the Bank not later
than the above date.

__________________________________________

(Signature of the authorized officer of the Bank)

__________________________________________
Name and designation of the officer
__________________________________________
Seal name and address of the Bank and address of the Branch.

ANNEXURE - 11

BG FORMAT FOR SD

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In consideration of the Madras Fertilizers Limited, Manali, Chennai 600 068
(Hereinafter called ―the Company‖) having agreed to exempt-
__________________________(hereinafter called ―the said Contractor (s)‖) from the
demand under the terms and conditions of an agreement dated
__________________,Purchase Order No.__________ dated _____________ made
between Madras Fertilizers Limited and _______________________ for supply of
______________________ (hereinafter called ―the said agreement‖) of a Security
Deposit for the due fulfillment by the said contractor(s) of the terms and conditions
contained in the said agreement, on production of Bank Guarantee
forRs.___________________(Rupees_______________________________).
We__________________(Hereinafter referred as ―Bank‖) at the request of
_______________ do hereby undertake to pay to the company an amount not
exceeding Rs._________ (Rupees ___________________) against any loss or
damage caused to or suffered or would be caused to or suffered by the Company by
reason of any breach by the contractor(s) of any of the terms and conditions
contained in the said agreement.

We _______(bank)_________________ do hereby undertake to pay the amounts due

and payable under this guarantee without any demur, merely on a demand from the
company stating that the amount claimed is due by way of loss or damage caused to
or would be caused to or suffered by the company by reason of any breach by the said
contractor(s) of any of the terms or conditions contained in the said agreement or by
reason of the contractor(s) failure to perform the said agreement. Any such demand
made on the bank shall be conclusive as regards the amount due any payable by the
bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding Rs.________ (Rupees_________________).

We undertake to pay to the company any money demanded not withstanding any
dispute raised by the contractor(s) / tenderer(s) in any suit or proceeding pending
before any court or tribunal relating thereto 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 any contractor(s)/tenderer(s) shall
have no claim against us for making such demand.

We ________(Bank)_________ further agree that the guarantee herein contained

shall remain in full force and effect during the period that would be taken for the
performance of the said agreement and that is shall contained to be enforceable till all
the dues of the company under or by virtue of the said agreement have been fully
paid. And its claim satisfied or discharge or till the company certifies that the terms
and conditions of the said agreement have been fully and properly carried out by the
said contractor(s) and accordingly discharges this guarantee. Unless a demand or
claim under this guarantee is made on us in writing on or before
________(date)______. We shall be discharged from all liability under this guarantee
thereafter.

We ______(bank)_________ further agree with the company that the company shall
have the full cut liberty without our consent and without affecting in any manner or
obligation hereunder to vary any of the terms and conditions of the said agreement or
to extend time of performance by the said contractor(s) from time to time or to
postpone for any time or from time to time any of the powers exercisable by the
company against the said contractor(s) and 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 contractor(s) or
for any forbearance or omission on the part of the company or any indulgence by the
company to the said contractor(s) or by any such matter or thing whatsoever which
under the law relating to sureties would, but for this provision have effect or so
relieving us.
38 of 64
This guarantee will not be discharged due to the change in the constitution of the bank
or the contractor(s)/tenderer(s).

We, ________(bank)_________, lastly undertake not to revoke this guarantee during

its currency.

Notwithstanding anything contained this bank guarantees our liability under this
guarantee is restricted to Rs.________ (Rupees _________________). Our
guarantee shall remain in force until ______________ and unless a demand or claim
under this guarantee is received by us in writing on or before ___________, all your
rights under the said guarantee shall be forfeited and we shall be deemed relieved and
discharged from all liabilities there under.

The beneficiary is bound to seek confirmation from the Regional Office whose address
is mentioned below in respect of the genuineness and authenticity of the Bank
Guarantee.

(Signature of the authorized officer of the Bank) ------------------------------------

Name and designation of the officer …………………………………………………
Seal, name & address of the Bank and address of the Branch.

ANNEXURE - 12

MFL’S BANK ACCOUNT DETAILS FOR SUBMISSION OF EMD / SD THRU RTGS

39 of 64
40 of 64
 ANNEXURE - 13
MADRAS FERTILIZERS LIMITED
TENDERER’S BANK DETAILS & AUTHORISATION FOR RTGS/NEFT PAYMENT
TENDER NO. ESER/TS/IP/LABOURER SUPPLY/281124/003 Dated 30/10/2024

41 of 64
REQUIRED DETAILS TO BE FURNISHED BY THE VENDOR
VENDOR NAME
ADDRESS

TELEPHONE NO. FAX No.

EMAIL ID
CONTACT PERSONS‘S b. Designation :
a. NAME
c. MOBILE NO.
d. EMAIL ID
COMPANY‘S PAN NO.
IMPORT EXPORT CODE(if
applicable)
VENDOR‘S BANK NAME
BANK ADDRESS /
PHONE NO.
VENDOR‘S BANK CODE (MICR)
NO.
VENDOR‘S BANK ACCOUNT
NO.
ACCOUNT TYPE Saving Acct / Current Acct.
(Strike out which is not applicable)
GRPT CODE
NEFT CODE
IFS CODE
RTGS CODE
BANK SWIFT CODE (For
foreign vendors)
ARE YOU A Manufacturer Dealer Agent
(if applicable) YES / NO YES / NO YES / NO

Have You Registered With GEM

YES/NO
Have You Registered With MSME NSIC
YES/NO YES/NO
IF SO, SPECIFY THE General (SC/ST) Women Entrepreneur
CATEGORY
YES/NO YES/NO YES/NO
CATEGORY OF THE FIRM A. Micro B. Small C. Medium

REGISTERED WITH CST No. SSI No. EC No. TIN No.

We hereby authorize Madras fertilizers Limited to make all the payments due to us with
respect to above referred Enquiry through RTGS/NEFT Transfer
Place: Signature of Authorized Signatory:

Date: Name:

SEAL: Designation:

(To be filled by MFL in case of ordering)

MFL Purchase Order No.
RTGS-Real Time Gross Settlement Code; NEFT-National Electronic Funds Transfer
IFSC- Indian Financial System Code

ANNEXURE-14

42 of 64
 REVERSE AUCTION PROCEDURE AND FORMAT

REQUEST FOR QUOTATION – RFQ

Auction Rule
Document (ARD)
MFL/RA/2024-25/<<srl.no>>
Reference
Number
Process Online Reverse Auction
https://eauction.gov.in/eAuction/app (or)
Website
https://eprocure.gov.in/eprocure/app
Date & Time of <<Date and time>>
Auction

Requirement of <<Name of the tender with tender number>>

Item

e-Procurement
044 – 25945318 – 25945319
Cell

Dear Supplier,

MFL is conducting Reverse Auction for above mentioned Tender. Unlike our past
sourcing initiatives, bids for this opportunity will follow through online reverse
auction. In this way, a fully transparent, fair market is created, where prospective
vendors can evaluate the competition and are provided with opportunity to react
as per the competitive live market/ bids & hence can able to modify your bids
within the ‗pre-intimated‘ fixed time frame.

We will also take the responsibility to publish the document, for conducting online
Reverse auction and the bidding process, train all invited suppliers on how to bid
online and conduct the online competitive bidding event and collect post bid cost
breakdowns if any. This process shall be managed by M/s National Informatics
Centre (hence known as NIC).

The goal of this initiative is to ensure that MFL is receiving the best market prices in
the most transparent way and is aligned with right quality suppliers. MFL will keep
all information received from suppliers as confidential.

Thanking you for your co-operation and best wishes.

<<Tender Inviting Authority>>

43 of 64
 BUSINESS RULES FOR REVERSE AUCTION

1.0 APPLICABILITY
1.0 Reverse Auctions are carried out under the framework of rules that are called
Business Rules.

1.1 All vendors participating in Reverse Auction shall understand/accept and give
an undertaking for compliance with the same to MFL in the prescribed format
Annexure I.

2.0 ELIGIBILITY

2.1 Only vendors who are technically qualified alone will be eligible for
participation in the reverse auction process.

3.0 COMPLIANCE/CONFIRMATION FROM VENDORS

3.1 The vendors participating in Reverse Auction shall submit the following duly
signed by the same Competent Authority who signs the offer documents in
response to the Tender:

3.1.1 Acceptance of Business Rules for Reverse Auction and undertaking as

per format in Annexure I.
3.1.2 Agreement between service provider and vendor. (This format will be
given by the service provider prior to announcement of Reverse Auction.)

3.1.3 Letter of authority authorizing the name/s of official/s to take part in

Reverse Auction as per format in Annexure II.

4.0 TRAINING

4.1 MFL will facilitate training for participation in Reverse Auction on its own.

5.0 TOTAL COST OF OWNERSHIP (TCO)

5.1 TCO refers to the aggregate amounts payable by MFL for transfer of
ownership.

6.0 DATE/TIME FOR TRAINING

6.1 The Venue, Date, Time etc. for training in Reverse Auction shall be advised at
the appropriate time.

6.2 MFL shall endeavor to fix such Date/Time at mutual convenience to the
vendor/s, and MFL.

6.3 No request for postponement/fixing of Training Date/Time shall be

entertained which in the sole view and discretion of MFL might result in any
avoidable delay to either the Reverse Auction or the whole process of
selection of vendor.

7.0 DATE/TIME OF REVERSE AUCTION

7.1 The Date and Time of commencement of Reverse Auction as also Duration of
‗Reverse Auction Time‘ shall be communicated at least 1 working Day prior to
such auction Date.

7.2 Any force majeure or other condition leading to postponement of auction

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 shall entitle MFL to postponement of auction even after communication, but,
MFL shall be obliged to communicate to all participating vendors the
‗postponement‘ prior to commencement of such ‗Reverse Auction‘.

8.0 CONDUCT OF REVERSE AUCTION

8.1 The Reverse Auction shall be conducted on a specific web portal meant for
this purpose (https://eauction.gov.in/eAuction/app).

8.2 The Reverse Auction may be conducted by MFL itself using the NIC facility.
9.0 TRAINING AND AUCTION
9.0.1 MFL is responsible for conduct of adequate training to all technically
qualified bidders representing the reverse auction and bidding
process.

9.0.2 Each bidder shall participate in the training at his / their own on prior
appointment with MFL but before the date and time mentioned for the
auction.

9.0.3 Bidders are requested to enroll themselves into the e-auction portal
(https://eauction.gov.in/eAuction/app) and register their profile and
digital key.

9.0.4 The credentials so created shall be used to logging into the e-Auction
site for participation.

9.0.5 Any Queries regarding the enrollment, bidders are advised to contact
MFL – e-Procurement Cell (044-25945318 / 25945319) before the
date and time mentioned for the auction.

9.0.6 All the bids made from the log-in ID will be considered as the bids
made by the bidder.

9.0.7 Any bid once made through registered log-in ID / password by the
vendor / bidder cannot be cancelled. The bidder, in other words, is
bound to sell the ―Offering‖ as per the Tender at the bid price of TCO.

9.0.8 Every successive bid by the bidder / vendor being decrement bidding
shall replace the earlier bid automatically and the final bid as per the
time and log-in ID shall prevail over the earlier bids.

9.0.9 MFL shall conduct the reverse auction as per the Standard English
reverse auction, that is, no two bids can have identical price from two
different vendors. In other words, there shall never be a ―Tie‖ in bids.

9.0.10 Bidding in the Last 5th minute shall be avoided.

10.0 TRANSPARENCY IN BIDS

10.1 All bidders will be able to view during the auction time the current lowest
price in portal. Bidder shall be able to view not only the lowest bid but also
the last bid made by him at any point of time during the auction time.

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11.0 MASKING OF NAMES
11.1 Names of bidders/ vendors shall be anonymously masked in the Reverse
Auction process and vendors will be given suitable dummy names.

11.2 After completion of Reverse Auction, the service provider / auctioneer shall
submit a report to MFL with all details of bid and the original names of the
bidders as also the L1 bidder with his / their original names.

12.0 START PRICE

12.1 MFL shall determine the start price on its own at appropriate time during or
at the conclusion of technical evaluation.

13.0 DECREMENTAL BID VALUE

13.1 The vendors shall be able to bid only at a specified decrement value and not
at any other fractions. The Bid decrement value shall be fixed by MFL during
the start of the Reverse Auction.

13.2 The bid decrement value shall be rounded off to the nearest thousands of
rupees.

14.0 COPY OF BUSINESS RULES

14.1 MFL shall up-load copy of the Business rules/ PCF/POST BID DOCUMENT in
the auction portal. Only MFL technically qualified bidders for the mentioned
tender alone can participate in the auction process.

15.0 REVERSE AUCTION PROCESS

15.1 In order to reduce the time involved in the procurement process, MFL shall
be entitled to complete the entire procurement process through a single
Reverse Auction.

15.2 MFL shall however, be entitled to cancel the procurement of Reverse Auction
process, if in its view procurement or reverse auction process cannot be
conducted in a fair manner and / or in the interest of the MFL.

15.3 The successful vendor shall be obliged to provide a Bill of Material at the last
bid price at the close of auction using the specified formats provided
(Annexures II & III).

15.4 The ratio of Final Total Amount (quoted by the R1 vendor in the Reverse
Auction) to the Total Amount (Initially displayed in the BOQ by MFL) will be
proportionately applied on all the items.

16.0 CHANGES IN BUSINESS RULES

16.1 Any change in Business Rules as may become emergent and based on the
experience gained shall be made only by MFL.

16.2 Any / all changes made in Business Rules shall be uploaded in the Website
immediately.

16.3 If any reverse auction process has commenced and a change is made in
Business Rules, it shall be informed immediately to each vendor/ bidder and
his concurrence to / acceptance of the change shall be obtained in writing
by MFL.
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17.0 DON’TS APPLICABLE TO THE BIDDER/VENDOR
17.1 No vendor shall involve himself / itself or any of his / its representatives in
any price manipulation directly or indirectly with other bidders. If any such
practice comes to the notice, MFL shall disqualify the vendor / bidders
concerned from the reverse auction process.

17.2 Bidder shall not disclose details of his bids or any other details concerning
Reverse Auction process of MFL to any other third party without specific
permission in writing from MFL.
17.3 Neither MFL nor M/s NIC can be held responsible for consequential damages
such as no power supply, system problem, inability to use the system, loss
of electronic information, power interruptions, UPS failure, etc. (MFL shall,
however, entertain any such issues of interruptions, problems with open
mind and fair degree of transparency in the process before deciding to stop
or extend the auction.)

18.0 ERRORS AND OMISSIONS

18.1 On any issue or area of material concern respecting Reverse Auction not
specifically dealt with in these Business Rules, the decision of MFL shall be
final and binding on all concerned.

****

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 ANNEXURE-I

PROCESS COMPLIANCE FORM

(The bidders are required to print this on their company‘s letter head, sign & stamp before
up-loading)
MFL-BRD Ref No: MFL/RA/2024-25/<<srl>> Date: <<date>>
To
Madras Fertilizers Limited
(A Govt. of India undertaking)
Manali, Chennai – 600068
Dear Sir,
Reverse Auction for <<Description of Item/ service>>
E – TENDER No: <<Tender Number>>
We are interested in participating in the e-Auction Process for above mentioned subject
and as stated in the MFL business Rule Document (MFL-BRD). We have received and fully
understood the ARD for e-auction.
We confirm:
1. I/We agree that I/we have been provided training by MFL in order to participate in
Online Auctions. I/We agree to update ourselves regarding any changes made to
the MFL-BRD/MFL-BRD from the website of the NIC /MFL and bid accordingly.
2. I/We agree that I/we shall change the password on receipt by me/us and keep it
confidential. I/We agree that NIC/MFL shall not be held responsible in any way for
any losses that may be suffered by me /us as a result of disclosure of the password
to any other person by me.
3. NIC/MFL will not be held responsible for any breakdown of power, internet/
bandwidth Connectivity, server, either at Bidder's end or at NIC directly or indirectly
in the process of online bidding. NIC is not responsible for if any disputes or
disagreements occur in between buyers & seller (vice versa).
4. Our online bids will pertain to the products / services as required by the MFL, as per
the auction lots (markets).
5. We are aware of and understand the ―Start Bid Price‘/‘‘Min Decrement‘/ extension or
bidding systems.
6. We are aware that Buyer (MFL) can accept or reject any of our bids without
assigning any reasons whatsoever.
7. Ratio between R1 rate after RA with their initial offer price, is applicable to each and
every item of R1 vendor‘s original offer.
8. The validity of the bids will be 45 days from the date of Reverse Auction.

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We hereby, confirm that we have understood the lot & market break up, Bidding price
calculation and the process of e-Auction Event. We also confirm that we have made
arrangements and would be able to place our bid on the specified date & time on our own.

We confirm, if allotted, we will honor our online bid(s), which is legally binding on us.

Name: Designation:

Signature: Company Stamp & Seal

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 ANNEXURE-II

POST BID DOCUMENT

MFL-BRD Ref No: MFL/RA/2024-25/<<srlno>> Date: <<date>>

To
Madras Fertilizers Limited
(A Govt. of India undertaking)
Manali, Chennai - 600068

Sub: Final price quoted during online reverse auction conducted on

<<date>>and price break up-of

<<Description of Goods/ Services>>

E – TENDER No : <<Tender Number>

(This sheet should be printed on the Letter head of the bidder duly stamped and
signed by the authorized signatories for should be sent to the service provider
within 24 hrs. from the completion of auction.)

Dear Sir,

We confirm that we have quoted as final cost of ____________ (Price quoted on Total
Landed cost Per NIT) as our final landed price during the Reverse Auction conducted today
& Please find below the breakup for the same.

Name: Designation:

Signature: Company Stamp & Seal:

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 ANNEXURE-III

POST BID BREAK UP

Bidder(s) who win are hereby advised to give detailed breakup of the final prices in the
price bid format provided in the EXCEL sheet and should reach MFL within 24 hours of the
completion of Auction.

Price bid should be printed in separate A4 sheet, duly stamped and signed by the
authorized signatory of the company.

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 ANNEXURE – 15

FORMAT FOR AGREEMENT

(To be executed by the contractor on Rs.100/- Non-Judicial Stamp Paper)

This agreement is made on the ____ day of _________________ 2024 BETWEEN M/s
MADRAS FERTILIZERS LTD., MANALI, CHENNAI 600 068. (hereinafter called the
Company) of the ONE PART and ___________________(hereinafter called the Contractor)
of the OTHER PART.

WHEREAS the Company wants that the job of ________________and the Contractor has
accepted the same.

Now this Agreement witnessed as follows:

1 In this agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to.

2 The following documents shall be deemed to form and be read and construed to be part
of this agreement viz.

1.
2.
3.
4.
5.

3 In consideration of the payments to be made by the company to the Contractor as

hereinafter mentioned, the contractor hereby covenants with the Company to complete
the above job in conformity in all respects with the provisions of the contract.

4 The Company hereby covenants to pay the contractor in consideration of completion of

the aforesaid job, the contract price at the time specified and in the manner prescribed
in the Award of Contract.

In witness whereof the parties hereto have caused their respective common seals to be
hereunto affixed (or have unto set their respective hands and seals) the day and year first
above written.

Signature of the Company Signature of the Contractor

(Name and designation with Office Seal) (Name and designation with Office Seal)

Witnesses: 1.

2.

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 ANNEXURE – 16

Preference to Make in India & Rule 144 (XI) of the General Financial
Rules (GFRs), 2017 Clauses

S.no Clause Subject

1 Preference to This Tender is governed by Circular No. P-45021/2/2017-B.E.-II dated 15.06.2017,
Make in India 28.05.2018, 29.05.2019, 20.06.2020 & 16.09.2020 issued by Govt. of India.

"For this procurement, Public Procurement (Preference to Make in India), Order 2017
dated 15.06.2017, 28.05.2018, 29.05.2019 & 20.06.2020 and subsequent Orders
issued by the respective Nodal Ministry shall be applicable even if issued after issue of
this NIT but before finalization of contract/ POI WO against this NIT. In the event of
any Nodal Ministry prescribing higher or lower percentage of purchase preference
and/ or local content in respect of this procurement, same shall be applicable."
Preference to Make in India including counter offering will be as per the Public
Procurement (Preference to Make in India), Order 2017 available in the following
links:

https://dipp.gov.in/public-procurements
https://dipp.gov.in/sites/default/files/PPP-MII-ORDER-
2017_15062018_0.pdf https://dipp.gov.in/sites/default/files/Revised-
PPP-MII-Order- 2017_28052018.pdf
https://dipp.gov.in/sites/default/files/PPP•
MII%20Order%20dt%2029th%20May%2019_0.pdf
https://dipp.gov.in/sites/default/files/PPP%20MII%20Order%20dated%204th%20J
une% 202020.pdf
https://dipp.gov.in/sites/default/files/PPP%20MII%20Order%20dated%2016%2009%
202020.pd f

Certification (as applicable) giving the percentage of local content, in line with PPP-
MII order, to be submitted as per attached Annexure-A.

In case of participation by MSMEs and Make in India (Local content) Vendor against
the same tender, MSME vendor will be given preference to match L-1 Bidder as per
Public Procurement Policy. MSME vendor will be evaluated with 15% purchase
preference and Make in India (Local content) vendor will be with 20% purchase
preference.

In case, a bidder is eligible to seek benefit under Purchase PP-LC (Purchase Preference
Linked with Local Content) Policy as well as Purchase Preference Policy for MSME
2012, then the bidder should categorically seek benefits against one of the two only
i.e. either PP-LC or MSE policy. The option once selected cannot be modified
subsequently. If the bidder opts for PP-LC, he shall not be entitled to claim the
benefits available for MSME bidders under PPP-
2012. However, the exemption from furnishing Bidding Document Fee & Bid security/
EMD shall continue to be available to MSE bidders.

The onus of submission of appropriately certified documents lies with the bidder and
MFL shall not have any liability to verify the contents and will not be responsible for
the same. However, in case MFL has any reason to doubt the authenticity of the Local
Content, MFL reserves the right to obtain the complete back up calculations before
award of contract failing which the bid shall be rejected.

Attention is invited to Order (Public Procurement No.1) issued vide F.6/18/2019- PPD dated
23.07.2020, Order (Public Procurement No. 2) issued vide F.6/18/2019-PPD dated
23.07.2020, Order (Public Procurement No. 3) issued vide F.6/18/2019-PPD dated
24.07.2020, Office Memorandum (OM) No. F.18/37/2020-PPD dated 08.02.2021, OM No.
F.12/1/2021-PPD(Pt.) dated 02.03.2021 and OM No.
F.7/10/2021-PPD dated 08.06.2021. In this regard, the following is hereby ordered under
Rule 144(xi) (as amended vide OM No. F.7/10/2021-PPD dated 23.02.2023) on the grounds
stated therein, in supersession to all of the above mentioned Orders/ clarifications:

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S.n Clause Subject
o
2 As mentioned I. Any bidder from a country which shares a land border with India will be eligible to
above bid in any procurement whether of goods, services (including consultancy services
and non- consultancy services) or works (including turnkey projects) only if the
bidder is registered with the Competent Authority. Further, any bidder (including
bidder from India) having specified Transfer of Technology (ToT) arrangement with
an entity from a country which shares a land border with India, shall also require to
be registered with the same competent authority.

II. ―Bidder‖ (including the term ‘tenderer‘, ‗consultant‘ or ‘service provider‘ in

certain contexts) means any person or firm or company, including any member of a
consortium or joint venture (that is an association of several persons, or firms or
companies), every artificial juridical person not falling in any of the descriptions of
bidders stated hereinbefore, including any agency branch or office controlled by
such person, participating in a procurement process.

III. ―Bidder (or entity) from a country which shares a land border with India‖ for
the purpose of this Order means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such
a country; or
c. An entity substantially controlled through entities incorporated,
established orregistered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium
or jointventure falls under any of the above

IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together,
or through one or more juridical person, has a controlling ownership
interest or who exercises control through other means.
Explanation—
a. ―Controlling ownership interest‖ means ownership of or entitlement to
more than twenty-five percent of shares or capital or profits of the
company;
b. ―Control‖ shall include the right to appoint majority of the directors or
to control the management or policy decisions including by virtue of
their shareholding or management rights or shareholders agreements
or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
3. In case of an unincorporated association or body of individuals, the beneficial
owner is the natural person(s), who, whether acting alone or together, or
through one or more juridical person, has ownership of or entitlement to more
than fifteen percent of the property or capital or profits of such association or
body of individuals;
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include
identification of

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 55

V. An Agent is a person employed to do any act for another, or to represent another

in dealings with third person.

VI. The successful bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority.

VII. The registration shall be valid at the time of submission of bid and at the time of
acceptance of bid.

VIII. If the bidder was validly registered at the time of acceptance / placement of
order, registration shall not be a relevant consideration during contract
execution

The above clause is not applicable to the bidders from those countries (even if
sharing a land border with India) to which the Gol has extended lines of credit or
in which the Gol is engaged in development projects.

List of countries to which lines of credit have been extended or in which development
projects are undertaken are available on the Ministry of External affairs website
https:// www.mea
.gov.in/

Compliance to Government of India order OM No.6/18/2019-PPD dated 23.07.2020

regarding restrictions under Rule 144 (XI) of the General Financial Rules (GFRs),
2017 to be submitted on the bidder's letterhead as per Annexure-(B) or Annexure-
(C) - as applicable.

―I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land
border with India; I certify that this bidder is not from such a country or, if from such a country, has been
registered with the Competent Authority. I hereby certify that this bidder fulfills all requirements in this
regard and is eligible to be considered. [Where applicable, evidence of valid registration by the Competent
Authority shall be attached.]"

Signature and Seal of the Company

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 56
Annexure –(A)

Declaration to be issued on Company letter head

In line with Government Public Procurement Order (Preference to Make in India)

Order (PPP-MII Order), 2017 vide No. P-45021/2/2017-PP (BE-II) dated
04.06.2020, issued by DPIIT, Ministry of Commerce and Industry, we
hereby certify that we,

……………………………………………………. (Bidder name) are

a) 'Class-I local supplier' meeting requirement of local content equal to or more than
50%,
b) 'Class-II local supplier' meeting requirement of local content more than 20% but less
than 50%,
(Strike off whichever is not applicable)

As defined under above referred Order for the following Item Sl Nos of MFL
Tender No : ESER/TS/IP/LABOURER SUPPLY/281124/003 Dated 30/10/2024

 Tender Item No./(s)-

Details of location at which local value addition will be made is as follows:

…………………………………………………………………………………………………………

……….…………………………………………………………………………………………… By issuing this

declaration, we understand and are in acceptance to the following-

 False declarations will be in breach of the Code of Integrity under Rule 175(1) (i)
(h) of the General Financial Rules for which a bidder or its successors can be debarred
for up to two years as per Rule 151
(iii) of the General Financial Rules along with such other actions as may be permissible
under law.
 In case of debarment by any procuring entity for violation of the provisions of the
Public Procurement (Preference to Make in India), Order 2017 we shall not be
eligible for preference for procurement by any other procuring entity for the duration
of the debarment. The debarment for such other procuring entities shall take effect
prospectively from the date on which it comes to the notice of other procurement
entities, the debarment takes effect prospectively from the date of uploading on the
website(s) of The Department of Expenditure, GOI in such a manner that ongoing
procurements are not disrupted.

 We undertake the onus of responsibility of submission of appropriately certified

documents. We understand that MFL is not at liability to verify the contents and will
not be responsible for the declaration made by us. However, in case MFL has any
reason to doubt the authenticity of the local content, MFL reserves the right to obtain
the complete back up calculations before award of contract and we are liable to
submit the same if requested by MFL. We also understand that our bid is liable for
rejection in case we fail to submit the details as requested by MFL.

Seal and Signature of authorized signatory

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 57
Special Note:

In cases of procurement for a value in excess of Rs. 10 crores, the local supplier
shall be required to provide a certificate from the statutory auditor or cost auditor of
the company (in the case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than companies) giving
the percentage of local content.

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 58
Annexure‐(B)

(Compliance to be submitted on the Bidder’s Letterhead)

(as applicable)

Sub: Compliance to Government of India order OM No.6/18/2019‐PPD dated

23.07.2020 regarding restrictions under Rule 144 (XI) of the General
Financial Rules (GFRs), 2017

Tender Name :

Tender No. :

Project / Description:

We M/s (name of the bidder company) have read the clauses pertaining to
Department of Expenditure‘s (DoE) Public Procurement Division Order (Public
procurement no 1, 2 & 3 vide ref. F.No.6/18/2019‐PPD dated 23.07.2020)
regarding restrictions on procurement from a bidder of a country which shares a
land border with India.

We hereby certify that we are not from such a country and eligible to be
considered for this tender.

(Note: Non‐compliance of above said GoI Order and its subsequent amendment, (if
any), by any bidder(s) shall lead for commercial rejection of their bids by MFL)

For and behalf of (Name of the bidder)

(Signature, date & seal of authorized representative of the bidder)

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 59

Annexure‐(C)

(Compliance to be submitted on the

Bidder’s Letterhead)

(as applicable)

Sub: Compliance to Government of India order OM No.6/18/2019-

PPD dated 23.07.2020 & regarding restrictions under Rule
144(XI) of the General Financial Rules (GFRs), 2017

Tender Name :

Tender No. :

Project / Description :

We M/s (name of the bidder

company) have read the clauses pertaining to Department of Expenditure‘s
(DoE) Public Procurement Division Order (Public procurement no 1, 2 & 3 vide
ref. F.No.6/18/2019-PPD dated 23.07.2020) regarding restrictions on
procurement from a bidder of a country which shares a land border with India.

We are from such a country which shares a land border with India & have
been registered with the Competent Authority as specified in above said order.
We hereby certify that we fulfill all requirements in this regard and are eligible
to be considered.

Evidence of valid registration by the Competent Authority is attached.

(Note: Non-compliance of above said GoI Order and its subsequent

amendment, (if any), by any bidder(s) shall lead for commercial rejection of
their bids by MFL).

For and behalf of (Name of the bidder)

(Signature, date & seal of authorized representative of the bidder)

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 60

ANNEXURE-17

INTEGRITY PACT

Between

Madras Fertilizers Limited (MFL) here in after referred to as "The Principal",

And

………………………….. Here in after referred to as "The Bidder/Contractor/Supplier"

PREAMBLE
The Principal intends to award, under laid down organization procedures, contract‘s for
―SUPPLY OF LABOURER FOR TECHNICAL SERVICES DEPARTMENT FOR GENERAL
SHIFT AND SHIFT ACTIVITIES IN MFL FOR THE YEAR 2024-25– TENDER NO.
ESER/TS/IP/LABOURER SUPPLY/281124/003 Dated 30/10/2024 The Principal
values full compliance with all relevant laws and regulations, and the principles of economic
use of resources, and of fairness and transparency in its relations with its Bidder/s,
Contractor/s and Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international
Non- Governmental Organisation "Transparency International" (TI). Following TI's
national and international experience, the Principal will appoint an Independent External
Monitor who will monitor the tender process and the execution of the contract for
compliance with the principles mentioned above.

SECTION 1 - COMMITMENTS OF THE PRINCIPAL

(1) The Principal commits itself to take all measures necessary to prevent corruption and
to observe the following principles:

a) No employee of the Principal, personally or through family members, will in

connection with the tender, or the execution of the contract, demand, take a
promise for or accept, for himself/herself or third person, any material or
immaterial benefit which he/she is not legally entitled to.

b) The Principal will, during the tender process, treat all Bidders with equity and
reason. The Principal will, in particular, before and during the tender process,
provide to all Bidders the same information and will not provide to any Bidder
confidential / additional information through which the Bidder could obtain an
advantage in relation to the tender process or the contract execution.

c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the relevant Anti-Corruption Laws of India, or if there be a
substantive suspicion in this regard, the Principal will inform its Vigilance Office and
in addition can initiate disciplinary actions.

SECTION 2 - COMMITMENTS OF THE BIDDER / CONTRACTOR/ SUPPLIER

(1) The Bidder / Contractor/Supplier commits itself to take all measures necessary to
prevent corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
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 61

a) The Bidder / Contractor/Supplier will not, directly or through any other person or
firm, offer, promise or give to any of the Principal's employees involved in the tender
process or the execution of the contract or to any third person, any material or
immaterial benefit which he/she is not legally entitled to, in order to obtain in
exchange, any advantage of any kind whatsoever during the tender process or during
the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contracts, submission or
non-submission of bids or any other actions to restrict competitiveness or to
introduce cartelization in the bidding process.

c) The Bidder/Contractor/Supplier will not commit any offence under the relevant Anti-
Corruption Laws of India; further the Bidder/ Contractor/Supplier will not use
improperly, for purposes of competition or personal gain, or pass on to others, any
information or document provided by the Principal as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically.

d) The Bidder/ Contractor/Supplier will, when presenting his bid, disclose any and all
payments he has made, is committed to, or intends to make to agents, brokers or
any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor/Supplier will not instigate third persons to commit offences
outlined above or be an accessory to such offences.

SECTION 3 - DISQUALIFICATION FROM TENDER PROCESS AND EXCLUSION FROM

FUTURE CONTRACTS

If the Bidder, before contract award, has committed a transgression through a violation
of Section 2 or in any other form such as to put his reliability or credibility as Bidder into
question, the Principal is entitled to disqualify the Bidder from the tender process or to
terminate the contract, if already signed, for such reason.

(1) If the Bidder/Contractor/Supplier has committed a transgression through a violation

of Section 2 such as to put his reliability or credibility into question, the Principal is
also entitled to exclude the Bidder / Contractor/Supplier from future contract award
processes. The imposition and duration of the exclusion will be determined by the
severity of the transgression. The severity will be determined by the circumstances of
the case, in particular the number of transgressions, the position of the transgressors
within the company hierarchy of the Bidder and the amount of the damage. The
exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal after due consideration
of the available evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute
right to resort to and impose such exclusion and further accepts and undertakes not
to challenge or question such exclusion on any ground, including the lack of any
hearing before the decision to resort to such exclusion is taken. This undertaking is
given freely and after obtaining independent legal advice.

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(4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the
damage caused by him and has installed a suitable corruption prevention system, the
Principal may revoke the exclusion prematurely.

SECTION 4 - COMPENSATION FOR DAMAGES

(1) If the Principal has disqualified the Bidder from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover from the
Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal
is entitled to terminate the contract according to Section 3, the Principal shall be
entitled to demand and recover from the Contractor/ Supplier liquidated damages
equivalent to Security Deposit / Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur
subject only to condition that if the Bidder / Contractor/ Supplier can prove and
establish that the exclusion of the Bidder from the tender process or the termination
of the contract after the contract award has caused no damage or less damage than
the amount of the liquidated damages, the Bidder / Contractor/ Supplier shall
compensate the Principal only to the extent of the damage in the amount proved.

SECTION 5 - PREVIOUS TRANSGRESSION

(1) The Bidder declares that no previous transgression occurred in the last 3 years with
any other Company in any country conforming to the TI approach or with any other
Public Sector Enterprise in India that could justify his exclusion from the tender
process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or the contract, if already awarded, can be terminated for such
reason.

SECTION 6 - EQUAL TREATMENT OF ALL BIDDERS / CONTRACTORS /SUPPLIERS/

SUBCONTRACTORS

(1) The Bidder/ Contractor/ Supplier undertakes to demand from all subcontractors a
commitment in conformity with this Integrity Pact, and to submit it to the Principal
before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders, Contractors/ Suppliers and Subcontractors.

(3) The Principal will disqualify from the tender process all Bidders who do not sign this
Pact or violate its provisions

SECTION 7 – PUNITIVE ACTION AGAINST VIOLATING BIDDERS / CONTRACTORS

/ SUPPLIERS/SUBCONTRACTORS

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or

Subcontractor, or of an employee or a representative or an associate of a Bidder,
Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has
substantive suspicion in this regard, the Principal will inform the Vigilance Office.

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SECTION 8 - INDEPENDENT EXTERNAL MONITORS

(1) The Principal has appointed competent and credible Independent External Monitors
for this Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairperson of
the Board of the Principal.

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access
without restriction to all Project documentation of the Principal including that provided
by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to this project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information
and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an
impact on the contractual relations between the Principal and the
Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate
in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement,
he will so inform the Management of the Principal and request the Management to
discontinue or heal the violation, or to take other relevant action. The Monitor can in
this regard submit non-binding recommendation. Beyond this, the Monitor has no
right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action. However, the Independent External Monitor shall give an
opportunity to the Bidder/Contractor/Supplier to present its case before making its
recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the
Principal within 8 to 10 weeks from the date of reference or intimation to him by the
'Principal' and, should the occasion arise, submit proposals for correcting problematic
situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion
of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has
not, within reasonable time, taken visible action to proceed against such offence or
reported it to the Vigilance Office, the Monitor may also transmit this information
directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural.

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Signature Not Verified

Digitally signed by AUDIKESAVALU
RAJASEKAR
Date: 2024.10.30 13:30:33 IST
Location: eProcure-EPROC
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