MADRAS FERTILIZERS LTD.

(A GOVT. OF INDIA UNDERTAKING)

MANALI, CHENNAI 600 068

NOTICE INVITING TENDER

FOR

“COMPLETE DEMOLITION OF NPK AB TRAINS IN MFL AND

DISPOSAL OF DEBRIS / SCRAPS – ENTRUSTING THE ENTIRE
JOB TO H1 BIDDER ON LUMPSUM BASIS”
TENDER NO: ESER/MAINT/DEMOLITION OF NPK/070525/005 DATED: 08.04.2025

SUMMARY
Online bids are invited for “COMPLETE DEMOLITION OF NPK AB TRAINS IN
MFL AND DISPOSAL OF DEBRIS / SCRAPS – ENTRUSTING THE ENTIRE JOB
TO H1 BIDDER ON LUMPSUM BASIS”. Bidders who are interested to submit the
bids may visit MFL Website [Link] (“Tenders” – “e-tenders”) or
Central Public Procurement web https:\\[Link]/eprocure/app.
Instructions for applying e-tendering are given in Annexure – 1.

For any clarification, please communicate to the following:

e-procurement Cell : epro@[Link] / epromfl@[Link]
Mr K Mohamed Eshak - 044 25945318
User Contact Detail : Mr M Kalaiselvan - 044-25945371
Mr R Manivannan - 044-25945387

COMPLETE DEMOLITION OF NPK AB TRAINS IN

MFL AND DISPOSAL OF DEBRIS / SCRAPS –
Description: ENTRUSTING THE ENTIRE JOB TO H1 BIDDER ON
LUMPSUM BASIS
Two Part Bidding :
Nature of Bidding 1st Part : EMD & Techno-Commercial Bid
2nd Part : Price Bid
Commencement of viewing
and downloading tender
08.04.2025
document from e - Tender
Website
Due date & time of 07.05.2025 @04.00 PM
submission
EMD / Technical Bid
opening date & time 08.05.2025 @02.00 PM

Three separate on-line bids

1. EMD
Bid submission: 2. Techno-Commercial Bid
(to be uploaded on or 3. Price Bid
before the due date) To be submitted with price details as per
Annexure - 6 on or before the date & time meant for
submission of bid.

EMD Amount Rs. 2 Lakhs (Rupees Two Lakhs Only).

 Original EMD i.e., Insurance Surety Bond/DD/BG or
proof for submission thru RTGS (UTR number) should
be furnished in a separate sealed cover super scribed
as EMD for TENDER NO: ESER/MAINT/DEMOLITION OF
NPK/070525/005 DATED: 08.04.2025 and the same
should reach the office of DGM – Maintenance on or
before 12.05.2025.
Micro & Small Enterprises (MSE) shall be exempted
from paying EMD by uploading valid document s/
certificates issued by NSIC or UAM or any other body
specified by the ministry of MSME.
No exemption shall be given to Medium Enterprises.
Procedure for Opening of Bids will be opened in seriatim EMD,
Online Bid Techno-commercial and Price Bid.
Bid Validity 75 days from the date of bid closing of tender.
Rs. 30 Lakhs to be paid to MFL (without GST) within
21 days in the event of placement of Award of Work.

Caution Deposit (CD) In the case of BG, with a validity of 60 days beyond
the date of complete of job order Claim period should
be one year from the date of expiry of BG validity
period of BG.
Demand Draft in favour of Madras Fertilizers Ltd.,
Mode of Payment for EMD payable at Chennai (or) Insurance Surety Bonds (or)
& CD thru RTGS as per Annexure – 15 or by Bank
Guarantee (Annexure – 12 & 13)

The successful tenderer shall pay 100 % of the total

contract value to MFL before taking scrap from MFL by
the way of RTGS as per Annexure – 15 or Demand
Payment Terms Draft issued by a Scheduled Bank to the satisfaction of
MFL, payable and enforceable at Chennai (If payment
is not made as specified, the Contractor shall not be
allowed to lift the materials from the site).

The period of contract will be 180 days from the date

Period of Contract
of handing over of site.
 Techno-commercially qualified bidders will be
selected
 Price bids of the techno-commercially qualified
bidders will be opened
 Highest bidder (H1) will be identified based on the
Bid Evaluation Basis
total landed cost, per Annexure-6
 Forward action /Negotiation shall be conducted, if
warranted
 The contract will be awarded as per Clause – 19.0
of Annexure-9 of NIT
Scope of work / duties and
responsibilities of the Refer Annexure – 2
contract
 LIST OF ANNEXURES

Instructions for applying e-Tender Annexure 1

Scope / Brief Description of Work Annexure 2

Qualification Criteria Annexure 3

Technical bid Format Annexure 4

Commercial Bid Format Annexure 5

Bill of quote Annexure 6

EMD Terms and Conditions Annexure 7

CD Terms and Conditions Annexure 8

General Terms and Conditions

Annexure 9
(Mandatory inclusion of GTC/STC)

Procedure for Holiday Listing Annexure 10

Information about the tenderer Annexure 11

Format for EMD BG Annexure 12

Format for CD BG Annexure 13

Bank Details & Authorisation For RTGS/NEFT

Annexure 14
Payment
Format of RTGS for submission of EMD & CD Annexure 15

Tenderer Undertaking Annexure 16

Preference to Make in India & Rule 144 (XI)

Annexure 17
of the General Financial Rules (GFRs), 2017

Integrity Pact Annexure 18

Deviation Sheet Annexure 19

 ANNEUXRE – 1

INSTRUCTIONS TO TENDERERS FOR APPLYING E-TENDER

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

[Link] 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 their 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 of Contract (GTC) and Special
Terms of Contract (STC). GTC & STC can be accessed through MFL website.
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 pre 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
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) Each document to be uploaded through online for the tenders should be less
than 8 MB. However, if the file size is less than 8 MB, the transaction
uploading time will be very fast. The total size of the documents in all the
covers put together, should be less than or equal to 8 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.

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.

****
 ANNEXURE – 2

SCOPE OF WORK
The works contemplated under this contract are listed below:

The contractor has to be submit the phases of demolition (i.e) Work Plan with time
lines (floor-wise and disposal schedule)

A) DEMOLITION OF EXISTING RCC STRUCTURE (UPTO GROUND LEVEL):

i) Demolition of RCC slab, RCC wall, RCC beams, Columns, Staircase etc.,
cutting of reinforcement and all allied works
ii) Demolition of brickwork and guinite concrete
iii) Removing of all doors, windows and shutters
iv) Dismantling of all steel work, vessel, pipes, duct, equipment etc.

B) DISMANTLING OF ELECTRICAL WORKS:

i) Removal of point wiring

ii) Removal of switchgears
iii) Removal of all fixtures/fittings

C) DISPOSAL OF ALL DEBRIS / SCRAP GENERATED THROUGH

DEMOLITION:

1. The entire works in this contract are divided into different parts depending on
the types of work involved. However, this broad classification is for mere
guidance only. Actual work shall be as described as instructed at site from
time to time.

2. Different Phases of Demolition Work: The Contractor has to submit the Phases
of demolition (i-e) work plan with timelines (building wise and disposal
schedule) to MFL and the same has to be finalized in consultation with MFL.

3. The contractor shall take away all serviceable and non-serviceable material
and clean the site completely.

4. The contractor shall carry out, complete and maintain the said work in every
respect strictly in accordance with this contract and with the directions of and
to the satisfaction of the MFL. MFL will issue from time to time further
information and/or written instructions, detailed directions and explanations
which are hereafter collectively referred to as MFL’s instructions in regard to :
the variation or modification of the quality or quantity of work or the addition
or omission or substitution of any work, the removal from the site of any
material brought thereon by the contractor and the substitution of any other
materials thereof, the demolition, removal and/or re-execution of any work
executed by him, the dismissal from the work of any person
employed/engaged there upon.
The area and materials mentioned above are provided based on the available
records and valuation report. The interested Applicants / Bidders can inspect the
building for gathering necessary information before submission of the bids.

The quantity of scrap & debris given at Annexure are approximate only. The Actual
quantity may differ. The Bidder needs to arrive at the quantity of scraps & debris
after inspecting the site.

List of self-owned demolishing, handling, dismantling, transporting equipment/

Copies of documents for the ownership of this equipment shall be submitted.

Details of labours having experience in demolition and dismantling and supervisory

staff

The Contractor shall demolish the complete buildings including the foundation,
Plinth protection, flooring in and around the building and all other structures
including RCC slabs, beams, columns, masonry walls, doors, windows, ventilators
steel work, vessel, pipes, duct, equipment etc.. and all other items , as per the
instruction of the MFL representative, dispose the debris & other unserviceable
material as per the approved procedure to be followed and as per the norms/ rules
and regulations of respective authorities ,at their own cost.

The Bidders shall quote the amount in tender that can be offered/ paid to the MFL
for the serviceable/ scrap materials after estimating/ accounting the cost of
demolition, disposal of debris& unserviceable materials as above.

The work is to be completed in all respect within 180 days from the date of
handing over of site by MFL.

The timely completion is the essence of the contract and shall be strictly observed
by the Contractor.

The tenderer/bidder shall visit the site and make himself thoroughly acquainted
with the local site condition, nature and requirement of the works, facilities for
transport, nature of labour required, access and storage for materials and removal
of wastes. The Bidders should quote taking into account all the site conditions
including traffic restriction for transport etc., for proper execution of the work. The
successful Bidders will not be entitled to any claim of compensation for difficulties
faced or losses incurred on account of any site condition.
Permission:

The vendor's scope should include obtaining all necessary permissions, certificates,
and approvals from both state and central government authorities for the disposal
of all types of debris and scrap.

Site facilities:

Water Supply & Electric Supply: Will be provided by MFL.

MFL is not responsible for any loss or devaluation or the quality of the materials
found while dismantling and it will be at the total responsibility of the Contractor.
The Contractor should carry out the job within the given time limit at his risk and
cost and with all safety provisions required for the job. The Contractor is
responsible for any type of accident and compensation/ claims which may arise as
per laws of Contract.

Any type of failure in carrying out the jobs will result into Arbitration Proceedings as
mentioned in Arbitration Clause and any such failure will also attract forfeiture
clause of EMD/ Caution Deposit.

Payment shall be made according to the agreed payment terms. If payment is not
made as specified, the Contractor shall not be allowed to lift the materials from the
site. The bidder is required to complete the dismantling of the building and clean
the site as instructed by MFL.

****
 ANNEXURE – 3

QUALIFICATION CRITERIA
1.0 CRITERIA

a. Tenderer shall have experience in demolition of buildings (at above 50 feet

height) in any reputed industry / organization during the last 7 years ending
28.02.2025, which should be either of the following:

Three similar completed works each costing not less than the amount of
Rs. 80 Lakhs.

(or)
Two similar completed works each costing not less than the amount of
Rs. 1 crore.

(or)
One similar completed work costing not less than the amount of
Rs. 1.6 crore.

2.0 FINANCIAL STATUS:

Tenderer shall have average annual financial turnover more than or equal
to 40% of the value of Rs.2 crores in the last three financial years i.e.
(2021-22, 2022-23 & 2023-24). Tenderer shall attach copies of Income
Tax Returns filed for the last three financial years (2021-22, 2022-23 &
2023-24)

3.0 DOCUMENTS REQUIRED FOR QUALIFICATION:

a. Copies of Award of Contract with Performance / Job Completion certificate,

from any organization to prove the experience as mentioned above.

b. Audited statement of accounts for the last three financial years i.e. 2021-22,
2022-23 & 2023-24.

c. Copy of valid registration certificates obtained from necessary insurance and

GST.

4.0 MANDATORY NOTE:

 If the Tenderer is under any Holiday List / de-list or having any litigation with
MFL or under Black List in any State / Central Government or other PSUs,
they are not eligible to apply for this tender. Tenderer shall submit Self-
declaration as given in Annexure - 11.

 If the performance of the bidder is found to be unsatisfactory for any reasons

whatsoever, in any organization including MFL, then MFL reserves the right
to reject the bids submitted by such bidders.
5.0 Check List for Uploading Required Documents:

Bidders are strictly advised to upload the following documents duly signed by
authorized person with office seal during online submission of bid:

 Copies of Award of Contract & Job Completion certificate, details of

invoice and payment received w.r.t the contract from any organization to
prove the experience as mentioned above
 Audited statement of accounts for last three financial years i.e.2021-22,
2022-23 & 2023-24 along with IT return
 Copy of valid registration certificates obtained from necessary insurance
and GST.

6.0 IMPORTANT NOTE:

 Signed and scanned copies of the above documents required for

qualification has to be submitted by the tenderer as an
attachment during the on-line submission of bids itself.

 Please note that non-submission of any of the above documents

during on-line submission of bid will lead to rejection of the bid
submitted by the tenderer.

7.0 SITE VISIT:

Important Instructions for Prospective Bidders-Site Visit:

Interested contractors are strongly encouraged to conduct a thorough site visit

before submitting their bids. This on-site assessment will allow bidders to gain a
comprehensive understanding of the existing conditions of the building and its
contents. Key aspects to consider during the site visit include:

1 Structural Integrity: Evaluate the construction materials, current state of

disrepair, and potential structural challenges of the building.
2 Equipment Inventory: Assess the type, size, and condition of equipment
requiring removal.
3 Environmental Considerations: Identify any potential environmental hazards,
such as asbestos or other regulated materials, and plan for their safe
removal and disposal.
4 Access and Logistics: Evaluate access routes for equipment and personnel,
considering any potential logistical challenges during the demolition and
removal process.
5 Quantification: Accurately quantify the volume of debris, the type of
equipment to be removed, and the overall scope of the project.
Please note: While a site visit is highly recommended to ensure accurate
bidding. It is not mandatory. However, bidders should understand that no
clarifications or deviations affecting the tendering process will be accepted
after the submission of bids, regardless of whether a site visit was
conducted.

***
 ANNEXURE-4

TECHNICAL BID FORMAT

COMPLETE DEMOLITION OF NPK AB

1. Job Description TRAINS IN MFL AND DISPOSAL OF
DEBRIS / SCRAPS

2. Name of the Tenderer

3. Address

180 days from the date of handing

4. Period of contract
over of site.
15 days From the date of handing over
5. Mobilization Period
of site
6. General Terms and Conditions As in the Annexure – 9
Read and understood all the terms
7. and conditions of the Annexures Yes
(2,4,5,10,14,15 & 16) of NIT

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

 ANNEXURE-5

COMMERCIAL BID FORMAT

1. Name of the Tenderer

GST Registration No. with

2.
State of Registration
The successful tenderer shall pay 100 % of
the total contract value to MFL before taking
scrap from MFL by the way of RTGS as per
Annexure – 15 or Demand Draft issued by a
3. Payment Terms Scheduled Bank to the satisfaction of MFL,
payable and enforceable at Chennai (If
payment is not made as specified, the
Contractor shall not be allowed to lift the
materials from the site).
4. Payment Mode RTGS/NEFT
75 days from the date of bid closing of
5. Offer Validity
tender.
6. Penalty Clause Accepted
All other Terms & Conditions of Accepted
7.
NIT

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

 ANNEXURE–6

BILL OF QUOTE

COMPLETE DEMOLITION OF NPK AB TRAINS IN MFL AND

DISPOSAL OF DEBRIS / SCRAPS – ENTRUSTING THE ENTIRE
JOB TO H1 BIDDER ON LUMPSUM BASIS

Amount to be paid to MFL

(in Rs.)
Description HSN /SAC
of job UNIT CODE
Total Amt.
Amt. GST
(inclusive of
(in Rs.) (in %)
GST)
Complete
demolition of
NPK AB Trains Lump
in MFL and sum
disposal of
debris / scraps

Note:
1. Offer Validity: 75 days from the date of bid closing of tender.
2. H1 rates arrived based on overall H1 basis.
3. For RCM bills, the vendor should fill the RCM column in GSTR 1 as "yes."
 ANNEXURE-7

EARNEST MONEY DEPOSIT (EMD) TERMS & CONDITIONS

1. The tenderer shall submit the Earnest Money Deposit of Rs. 2,00,000 /-
(Rupees Two Lakhs 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 MFL’s approved format (Annexure 12) valid for
120 days from the date of bid closing date with a claim period of one year
from the date of validity period of BG/e-BG or thru RTGS per details
furnished in (Annexure - 15).
Micro & Small Enterprises (MSE) shall be exempted from paying EMD by
uploading valid document s/ certificates issued by NSIC or UAM or any other
body specified by the ministry of MSME.

2. No exemption shall be given to Medium Enterprises.

3. Independent confirmation for having issued the BG by the concerned banker

should be sent directly to DGM – Maintenance, MFL, Manali, Chennai 600
068.

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 Rs. 30 Lakhs as Caution Deposit by way of DD/BG by

the successful tenderer, EMD submitted by way of BG will be returned to
them.

7. Offers without EMD 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 ten 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.

EMD payment either in the form of DD or BG or thru RTGS, or, if seeking

exemption based on NSIC, MSEs with relevant certificates to be directly sent
to DGM – Maintenance, Madras Fertilizers Ltd., Manali, Chennai 600 068 with
clear superscription on the cover as “EMD for COMPLETE DEMOLITION OF
NPK AB TRAINS IN MFL AND DISPOSAL OF DEBRIS / SCRAPS – ENTRUSTING
THE ENTIRE JOB TO H1 BIDDER ON LUMPSUM BASIS – TENDER
NO: ESER/MAINT/DEMOLITION OF NPK/070525/005 DATED: 08.04.2025”

The details of the Earnest Money Deposit document should be submitted

physically to the Department on or before 12.05.2025 and the scanned copy
should be furnished at the time of online bid submission.
 ANNEXURE-8

CAUTION DEPOSIT (CD) TERMS & CONDITIONS

1. The successful tenderer shall pay Rs. 30 Lakhs to be paid to MFL (excluding
GST) towards Caution Deposit by Insurance Surety Bonds (or) Demand Draft or
Bank Guarantee in the approved format (Annexure – 13) valid up to 60 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 – 15, within 21 days from the date of Award of Work. Independent
confirmation of BG by the issuing Bank shall be sent directly to the DGM –
Maintenance, Madras Fertilizers Ltd, Manali, Chennai - 600 068.

2. Claim period should be one year from the date of expiry of BG validity
period

3. No interest shall be paid on the Caution Deposit.

4. Failure to pay the Caution deposit or enter into contract shall be treated as
failure to discharge the duties under the contract and shall result in cancellation
of the offer of the contract.

5. The Caution deposit shall be refunded within a reasonable time after the period
of the contract subject to the contractor fulfilling all obligations/ operations as
required under the contract. Only after due satisfaction as regards to the
payment of wages, bonus, ESI, PF and GST Tax dues by the contractor, the
Caution deposit will be refunded.

6. MFL reserves the right to appropriate any part or the whole of the amount of
the Caution deposit without prejudice to other claims against the contractor for
losses suffered by MFL due to breach or failures on the part of the contractor or
due to termination of contract or contractor becoming disqualified because of
liquidation/insolvency or change of composition. The decision of MFL in respect
of such losses, failures, breach, damages, charges, expenses or costs, shall be
final and binding on the contractor and shall not be called into question.
 ANNEXURE – 9

GENERAL TERMS & CONDITIONS OF THE CONTRACT

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.

1.6 “Company’s Representatives” shall mean and include the GM - Plant, DGM –
Maintenance or other officers of the Company in-charge of Plant operations.

2.0 PERIOD OF CONTRACT:

The period of contract will be 180 days from the date of handing over of
site.

3.0 LIABILITY OF PERSONNEL:

3.1 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 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 quote the Minimum Wages as stipulated by Central
Government, as the Company comes under the Deputy Chief Labour
Commissioner, Central Government.

3.2 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

3.3 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.
3.4 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.

3.5 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 Caution 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.

3.6 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.

3.7 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.

4.0 PENALTY CLAUSE:

If the contractor fails to complete the job within the specified time schedule,
they will be liable to pay a penalty of 0.5% per week, with a maximum limit
of 5% of the Award of Contract value (H1 value). The penalty amount must
be paid through RTGS or DD to MFL within 30 days from the date of job
completion. If the payment is not made within the given time frame, the
caution deposit will not be released.

5.0 SUMMARY TERMINATION:

5.1 Notwithstanding anything contained in the Clause 2 Supra, MFL reserves the
right to terminate the contract forthwith at any time during the currency of
the contract or in the event of his becoming insolvent or going into
liquidation.

5.2 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.
5.3 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.
5.4 MFL reserves the right to terminate the contract without any notice in writing
or without an obligation on the part of MFL in the event of MFL’s decision to
operate the work by a different system.

5.5 Besides levy of the Penalty Clause per Clause 4.0, MFL reserves the
right to summarily terminate the contract for non-performance or
inadequate performance of any of the terms of contract.

6.0 WITHDRAWAL OF CONTRACT:

6.1 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 Caution Deposit.

6.2 In addition, MFL will Black list / Holiday list the contractor as per procedure.

7.0 MFL SAFETY RULES AND REGULATIONS:

7.1 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.

7.2 The necessary safety equipment like helmets, safety belt, goggles, shoes,
gloves, etc., should be provided by the contractor to his workmen, in
compliance with full safety regulations.

7.3 The contractor shall acquaint himself thoroughly with and shall strictly
enforce the rules and regulations, safety and Caution and follow the system
and procedures in force at MFL.

7.4 The contractor shall ensure that personal protective equipments (per 7.2)
needed for the job, used by each of their personnel (supervisor, skilled and
unskilled workmen) all the time.

7.5 The contractor shall ensure that all supports made for the work shall be
properly engineered and fabricated, and shall avoid use of temporary
supports like drums and wooden crates.

7.6 Contractor should provide / install proper and appropriate SAFETY Boards
and Signs in their job-sites, yards, workshops, site offices, temporary
facilities, roads etc., as per MFL guidelines for SAFETY Boards and Signs.

7.7 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.
7.8 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.

7.9 The contractor shall obtain Entry tokens / passes from MFL Caution Force
and Distribute 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.

7.10 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 due to MFL by the contractor.

7.11 The contractor shall be solely responsible for providing at his own cost, first
aid, medical facilities, hospitalization, etc in the event of any of the contract
man 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 centers.
The cost of such first aid, medical facility or transportation as may be
determined by the company, shall be debited from the contractor’s bill.

8.0 PAYMENT TERMS:

The successful tenderer shall pay 100 % of the total contract value to MFL
before taking scrap from MFL by the way of RTGS as per Annexure – 15 or
Demand Draft issued by a Scheduled Bank to the satisfaction of MFL, payable
and enforceable at Chennai (If payment is not made as specified, the
Contractor shall not be allowed to lift the materials from the site).

The invoice must be raised in accordance with the provisions of the

GST Act.

9.0 LAWS GOVERNING THE CONTRACT:

The contract will be governed by the Law 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).

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 the State.
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.
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 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.

Contractor 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 Purchaser (MFL) in writing the Seller (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.

12.0 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 be 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.

13.0 FORWARD AUCTION:

Forward Auction will be conducted where there is more than One techno-
commercially qualified bid.

14.0 NEGOTIATION

Applicable in the following circumstances:-

1. Where there is only one techno-commercially qualified bid
2. Where there are more than H1 techno-commercially qualified bids& where
forward auction is conducted but no competitive bids in forward auction,
negotiation with H1 vendor.

Notwithstanding anything mentioned above, MFL reserves the right to go in

for Forward Auction process and/or negotiation, if required or may finalize
the tender without Forward Auction and/or negotiation. However, the
decision, if any to conduct Forward Auction will be conveyed to short-listed
 bidders thru a Business Rule Document. If Forward Auction is conducted, the
same will be intimated in advance to the techno-commercially shortlisted
tenderers to enable them to indicate their acceptance for participation in the
Forward Auction by signing the Business Rule Document.
There shall not be any negotiation after the e-forward auction process is
closed.

15.0 PLACE OF WORK:

Madras Fertilizers Ltd (MFL) Plant at Manali, Chennai - 600 068.

16.0 RATES:

16.1 The tenderers shall quote the rate inclusive of taxes in the “BILL OF QUOTE”
furnished as Annexure – 6.

16.2 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
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 MFL.

16.3 The rates quoted shall be valid for a period of one year from the date of
commencement of contract.

17.0 BASIS OF ARRIVING AT H1 TENDERER:

The bidder who quote the highest rates as per Annexure-6 (total landed cost
shall be considered as H1 tenderer)

18.0 TIE-BREAKER METHODOLOGY:

In case of tie situation at the final rates quoted by the H1 tenderers, the
order shall be placed on the H1 bidder having a higher turnover in the
previous financial year.

19.0 SPLITTING UP OF JOBS:

100% of the contract would be awarded to H1 tenderer

20.0 SIGNING THE TENDER AND DOCUMENTS:

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

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

20.3 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 a Limited Company.
20.4 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. The
original partnership deed, along with an attested copy, should accompany
the tender.

20.5 Attested copies of Partnership Deed and Power of Attorney shall be

submitted along with the tender.

20.6 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. A copy of the Memorandum
and Articles of Association of the Company shall be attached to the tender.

20.7 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 favour 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 TENDER:

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 DGM – Maintenance, 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.
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, in the form as per Annexure– 11.

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

23.0 OPENING AND ACCEPTANCE OF TENDER:

23.1 Tenders received shall be opened on the due date and time.

23.2 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.

23.3 Tenders not confirming to these instructions shall be liable for rejection
which is at the sole discretion of MFL.
23.4 The tenderers should be prepared to visit 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.

23.5 Acceptance of the tender will be intimated to the successful tenderer through
an Award of contract (AOC) Letter. The successful tenderer should submit
the Caution Deposit within 21 days from the date of AOC. Also the successful
tenderer shall execute an “Agreement” as per the format given in Annexure-
15, within 15 days from the date of AOC. In the event of failure on the part
of the Contractor to sign the Agreement within the specified time, acceptance
of his tender shall be considered withdrawn without prejudice to any other
rights and claims.

23.6 While scrutinizing the Price Bids of all the tenderers, if MFL opines that there
is a cartel formation among the tenderers, offers of those tenderers will be
rejected or entire tender shall be refloated.

24.0 SUPERVISION:

The contractor shall have to engage sufficient number of skilled persons to

supervise and execute the work. The contractor shall solely be responsible
for any defective construction/ rectification as a result of poor supervision.

25.0 GENERAL:

CANVASSING IN ANY FORM IS STRICTLY PROHIBITED AND THE

TENDERER WHO RESORTS TO CANVASSING, SHALL BE
DISQUALIFIED.

******
 ANNEXURE –10

PROCEDURE FOR HOLIDAY LISTING

1.0 Proceedings for Holiday listing shall be initiated against an Agency when a
prima facie case for Holiday listing comes up, before taking a decision, a fair
opportunity of hearing the party should be given by means of a Show Cause
Notice. The show cause notice should indicate clearly and precisely the
charges/misconduct which should be based on facts as can be proved as
distinct from mere allegations. Statement containing the imputation of
misconduct or misbehavior may be appended to the show-cause notice and
the “Agency” should be asked to submit within 15 days a written statement
in its defense.

2.0 The proceedings shall start with a proposal for initiating action against the
Agency, to be raised by the Procurement Department / Designated
Department which, in the first instance, is to be cleared by the relevant
Vendor De-listment Committee which consists of respective Tender
Committee.

3.0 Thereupon the Show Cause Notice, as approved by Vendor De-listment

Committee, will be issued by the concerned Procurement Department /
Designated Department.

4.0 On receipt of the explanation from the Agency, the procurement Department
/ Designated Department will put up the proposal for holiday listing, to the
Competent Authority, through the vendor de-listment committee.

5.0 The proposal along with the reply from the Agency would be examined by the
Vendor de-listment Committee; thereafter, with the recommendation from
the vendor de-listment Committee, the proposal would be put up to the
Competent Authority for final decision on Holiday listing or otherwise.

Period of holiday listing based on the circumstances under which they

were put on holiday listing are as under:

Period of
[Link] Reasons for holiday listing holiday listing
(years)
Indulged in malpractices resulting in financial loss to the
1 3
Company

2 Submitted fake, false or forged documents / certificates 2

Has substituted materials in lieu of materials supplied by
MFL or has not returned or has unauthorisedly
3 3
disposed off
materials / documents / drawings / tools or plants or
equipments supplied by MFL
Has deliberately violated and circumvented the
4 provisions of labour laws/ regulations / rules , safety 2
norms, environmental norms or other statutory
requirements
 Has deliberately indulged in construction and erection of
5 3
defective works or supply of defective materials
6 Has not cleared MFLs previous dues if applicable 1
Has committed breach of contract or has abandoned the
7 2
contract
8 Poor performance of the Agency in one or several contracts 2
Has not honoured the Letter of Award / Contract / Purchase
9 2
order after the same is issued by MFL
Withdraws/ revises the bid down wards after becoming the
10 2
H1 bidder, within the bid validity period.
Has parted with , leaked or provided confidential /
11 proprietary information of MFL to any third party without the 2
prior consent of
MFL
If the Agency Is or has become bankrupt , OR is being dissolved
12 OR has resolved to be wound up OR if proceedings for 2
winding up
or dissolution has been instituted against the Agency
Transgression of Integrity Pact , which, in the opinion of the
13 2
Company, makes it undesirable to deal with the Agency;

6.0 In cases where Holiday listing is proposed based on advice from the
Administrative Ministry / GoI, no Show Cause Notice or formal decision by
competent authority will be required. The Nodal Department will directly
intimate the Agency that they have been placed in holiday listing by MFL,
based on the Ministry’s advice.

7.0 P&A Group is designated as Nodal Department for Holiday listing procedure.

8.0 Provision for Appeal:

(i) An agency aggrieved with the decision of the Competent Authority shall
have the option of filing an appeal. . Appellate Authority is one level
above the Tender Accepting Authority of that particular Tender. No
Appeal is permitted in case an Agency is placed in holiday list by MFL,
based on Ministry’s advice.

(ii) Appellate Authority shall pass its order within a maximum period of 45
days from the date of receipt of Appeal.

9.0 Effect of Holiday listing:

(i) No enquiry / bid / tender shall be entertained with an Agency as long as

the ‘Agency’ name appears in the Holiday list.

(ii) If an ‘Agency’ is put on the holiday list during tendering :

 a) If an ‘Agency’ is put on Holiday List after issue of the enquiry / bid /
tender but before opening of the un-priced bid, the un-priced bid of the
‘Agency’ shall not be opened and BG/EMD, if submitted by the ‘Agency’
shall be returned. If an ‘Agency’ is put on Holiday List after un-priced bid
opening but before price bid opening, the price bid of the ‘Agency’ shall
not be opened and BG/EMD submitted by the ‘Agency’ shall be returned .

b) If an ‘Agency’ is put on Holiday List after opening of price bid but before
finalization of the tender, the offer of the ‘Agency’ shall be ignored and
will not be further evaluated and the BG/EMD if any submitted by the
‘Agency’ shall be returned, The ‘Agency’ will not be considered for issue
of order even if the ‘Agency’ is the Highest (H1).

c) If contract with the ‘Agency’ concerned is in operation, (including cases

were contract has already been awarded before decision of holiday
listing) normally order for Holiday listing from business dealings cannot
affect the contract, because contract is a legal document and unless the
same is terminated in terms of the contract, unilateral termination will
amount to breach and will have civil consequences.

(iii) In cases where holiday listing proposal has been initiated by some
procurement department in MFL but the process is yet to be completed
and order of Competent Authority is awaited, the tendering process
may be taken forward till price bid opening and after price bid opening,
decision on the tender may be kept on hold till such time order of
Competent Authority is issued.

10.0 Revocation of Holiday listing:

An order for Holiday listing once passed for a certain specified period shall be
revoked after expiry of the period automatically.

11.0 Publishing of holiday listing information in MFL Web-site:

Once an order of Holiday Listing of an Agency is passed by a Competent

Authority, the said information shall be published in the MFL web-site, by the
Nodal Department.

***
 ANNEXURE – 11

INFORMATION ABOUT THE TENDERER

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 and 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 to be
attached(2021-22, 2022-23 & 2023-
24)
10. Last three years (2021-22, 2022-23 &
2023-24) audited statement of
Accounts with Balance Sheet
11. PF Code No.

12. ESI Code No.

13. GST Registration No.
14. Any court case is filed against you or
your concern

15. Have you / your Firm filed any case

against MFL

Note: Copies of documents required to be attached for [Link].5 to15.

Incomplete information and non-submission of copies of supporting document will
lead to rejection of tender.

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)

DECLARATION

I/We hereby declare that I/We/our Organization have not put under Holiday List /
De-list or having any litigation with MFL.

Also, I/We hereby declare that I/We/our Organization have not been banned or
Black-listed by any State/Central Government or other PSUs / Financial Institution
/ Court.

Place: Signature of the Tenderer

Date: (Name & Office seal)

 ANNEXURE 12

FORMAT FOR BANK GUARANTEE FOR FURNISHING EMD

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 Caution 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 90 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 13

BANK GUARANTEE FORMAT FOR FURNISHING CAUTION DEPOSIT

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
Caution 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 for
Rs.________________
(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.

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 geniuses 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 - 14
MADRAS FERTILIZERS LIMITED
BANK DETAILS & AUTHORISATION FOR RTGS/NEFT PAYMENT

BIDDER/ CONTRACT /VENDOR

NAME
ADDRESS

TELEPHONE NO.
EMAIL ID.
CONTACT PERSON’s
a. NAME:
b. DESIGNATION.
c. MOBILE NO.
COMPANY’S PAN NO.
VENDOR’S BANK NAME.
VENDOR’S BANK ACCOUNT NO.

IFS CODE.
VENDOR’S BANK CODE (MICR) NO.
BANK ADDRESS WITH PHONE NO.

GST NO:
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 CATEGORY General (SC/ST) Women
Entrepreneur

YES / NO YES / NO YES / NO

TYPE OF ENTERPRISES Micro Small Medium
(Please tick the relevant category)
Manufacturing A B C
Services D E F
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:
 ANNEXURE-15

MFL RTGS DETAILS

For submission of EMD, CAUTION DEPOSIT AND FINAL PAYMENT TO MFL

 ANNEXURE – 16

TENDERER UNDERTAKING

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 by the tenderer are true,
accurate & with the best knowledge of the tenderer.

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

 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 update any changes made in the tenders & subsequent

corrigendum from the e-Tendering portal of M/s NIC / CPPP.

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

 ANNEXURE - 17

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

[Link] Clause Subject

1. Preference to This Tender is governed by Circular No. P-45021/2/2017-B.E.-II dated 15.06.2017, 28.05.2018,
Make in India 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:

[Link]
[Link]
[Link]
2017_28052018.pdf
[Link]
MII%20Order%20dt%2029th%20May%2019_0.pdf
[Link]
[Link]
[Link]
df

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 Caution/ 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:
2. As mentionedI. I. Any bidder from a country which shares a land border with India will be eligible to bid in
above 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.
III. 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
the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimateeffective control
over the trust through a chain of control or ownership.
 V. “Agent” for the purpose of the Order is a person employed to do any act for another, or to
represent another in dealings with third persons.
[Note:
a. A person who procures and supplies finished goods from an entity from a country
which shares a land border with India will, regardless of the nature of his legal or
commercial relationship with the producer of the goods, be deemed to be an
Agent for the purpose of this Order.
b. However, a bidder who only procures raw material, components etc. from an
entity from a country which shares a land border with India and then manufactures
or converts them into other goods will not be treated as an Agent.]
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://
[Link] .[Link]/

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

*****
 Page 39 of 47

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:
____________________ Dated

 Tender Item No./(s)-

Details of location at which local value addition will be made are 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

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’s
 Page 40 of 47

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.
[Link].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)

******
 Page 41 of 47

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. [Link].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)

 Page 42 of 47

ANNEXURE – 18

INTEGRITY PACT

Between

Madras Fertilizers Limited (MFL) hereinafter referred to as "The Principal",

And

……………………………………………hereinafter referred to as "The Bidder/Contractor/Supplier"

Preamble

The Principal intends to award, under laid down organization procedures, contract/s
for COMPLETE DEMOLITION OF NPK AB TRAINS IN MFL AND DISPOSAL OF
DEBRIS / SCRAPS – ENTRUSTING THE ENTIRE JOB TO H1 BIDDER ON
LUMPSUM BASIS. TENDER No. ESER/MAINT/DEMOLITION OF
NPK/070525/005 DATED: 08.04.2025. 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 Organization "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.
 Page 43 of 47

Section 2 - Commitments of the Bidder / Contractor/Supplier

(1) The Bidder / Contractor/Supplier commit 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.

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 cartelisation 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
 Page 44 of 47

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.

(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
Caution.

(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 Caution 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.
 Page 45 of 47

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.

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.
Page 46 of 47
 Page 47 of 47

ANNEXURE – 19

DEVIATION SHEET

COMPLETE DEMOLITION OF NPK AB TRAINS IN MFL AND DISPOSAL OF

DEBRIS / SCRAPS – ENTRUSTING THE ENTIRE JOB TO H1 BIDDER ON
LUMPSUM BASIS

DEVIATION STATEMENT TO THE TENDER TERMS & CONDITIONS

(In case of no deviation, please write 'No Deviation' in the space below)

Sl. No. Reference to Tender Document Subject Deviation

Page No. Clause No. Para No.

(Signature and seal of the bidder)

NOTE:
Please note that any willful attempt by the bidders to camouflage the deviations by giving them in the
covering letter or in any other documents than this Deviation Sheet may render the bid itself non-
responsive.

The deviation / exception from NIT requirements will be scrutinized. The deviation, which otherwise
comply with NIT requirement, such as alternate equivalent or superior material of construction are
considered acceptable deviations. The deviations which are not acceptable are considered substantial
deviation. The bids with substantial deviation are considered non-responsive.
Signature Not Verified
*** Digitally signed by AUDIKESAVALU
RAJASEKAR
Date: 2025.04.08 [Link] IST
Location: eProcure-EPROC