Nit - (2) 7209
Nit - (2) 7209
Nit - (2) 7209
E-Tender for Loading, Unloading, Stacking & Handling of Steel items/Other materials and
Miscellaneous Store activities at FACT UC- Stores (Fert)
Online Bids (two part) are invited for undertaking the works of Loading, Unloading, Stacking &
Handling of Steel items/Other materials and Miscellaneous Store activities at FACT UC- Stores (Fert)
for a period of two years, through https://eprocure.gov.in portal. Any change / Extensions to this
tender will be informed only through our website / CPP e-procurement portal and will not be
published in newspapers.
Sd/-
Sr. Manager (Materials)T&S-c
3.1 Bids will be evaluated based on the pre-qualification criteria and other requirements stipulated in
the tender enquiry.
3.2 Bidders shall quote rates for all the items of work, against Schedule of work in the Price Bid
Format (BoQ) vide Annexure – IX. Bids not complying with the above will not be considered.
3.3 Evaluation of bids and determination of the L1 bidder shall be based on the combined total value
of all the items of Schedule of work, which will be arrived at based on the rates quoted by a
bidder for each item for the corresponding quantities indicated, as given in the price bid format.
3.4 In case more than one bidder become the L1 based on the evaluation as above, such L1 bidders
alone shall be given an opportunity to submit revised lower price bids, if any, in sealed
cover on or before the due date and time specified. Instructions stipulated in the tender with
regard to submission, opening and evaluation of price bids shall be applicable for such revised
price bids. However, while submitting the revised price bid, such bidders shall not increase
any of the rates quoted by them in their original price bid. In case more than one bidder
continue to be L1 despite submitting the revised lower price bid as above, FACT reserves the
right to accept the bid submitted by the bidder among those L1 bidders, having the highest
capability in terms of volume of work handled during the period specified under PQ criteria.
3.5 A single Work Order shall be issued to the L1 bidder for all the items of work under schedule of
work based on the rates offered by the L1 bidder.
4.0 GENERAL
4.1 When bids are received from any proprietorship / firm / company having the same proprietor or
one or more Partners/Directors in the business organisation of any other party quoting against this
tender (hereinafter called Common Firms), such bids shall be considered having been received
from only one applicant in different names and the lowest acceptable quotation of such Common
Firm shall only be considered for evaluation.
4.2 Bids from bidders against whom any criminal case, enquiry or investigation/report by authorities
like Vigilance, CBI etc., are pending in relation with FACT or bidders who are defaulting
contractors of FACT shall be disqualified and rejected.
4.3 FACT reserves the right to reject any or all bids without assigning any reasons whatsoever, and /
or based on the past unsatisfactory performance by bidders at FACT / other PSEs / Govt.
Departments. The opinion of FACT regarding the same shall be final and conclusive.
4.4 Any further information on familiarisation/ nature of work, if required by the bidders, can be had
from the Sr.Manager (Stores)-UC, [Phone No.0484- 256 7501 ] FACT UD, Udyogamandal or any
officer authorised by him .
4.5 For any clarification on this enquiry please contact Sr. Manager (Materials)T&S-c, [Phone- 0484-
2545196, 2568260] or Asst. Manager (Materials)-T&S, [Phone- 0484- 2568273] CORPORATE
MATERIALS, FACT Ltd., FACT PD Administration Building, Udyogamandal PIN-683 501.
SR. MANAGER(MATERIALS)T&S-c
Separate
9 Annexure IX Price bid format (BoQ)
Excel Sheet
Annexure-I
1.0 Bidders shall study carefully the complete tender documents viz. NIT with Prequalification criteria,
Instructions to Bidders (ANNEXURE-I), Technical Procurement Specifications if any, Terms &
Conditions and any other documents forming part of this tender attached herewith. All conditions
set out there in shall be binding on the bidders unless conflicting with any conditions expressly stated
by FACT while accepting any bid in the event of such acceptance. One signed and scanned copy of
the above documents shall accompany their online bids signifying their acceptance of the same.
Bidder shall also submit along with his bid Vendor data updation (Declaration) Form, Check list (If
applicable) and Compliance Statement duly filled with all details required therein and also attach
supporting documents as required.
2.0 Before submitting the bid, the bidder shall familiarise himself about the details of the work,
operating conditions during different seasons of year, etc., collect all necessary data regarding the
facilities available at various points indicated in Special Terms and Conditions, applicable
timings, routes etc., and satisfy himself on all aspects relating to this work which he has to
handle and execute for the full contract period and shall make due provis ions in his rates
for any contingency or difficulty involved in the work covered by this enquiry. Claiming
lack of knowledge shall not be a reason for exoneration of the bidder of his contractual
obligations, if the contract is awarded to him or for demand for increase in rate.
3.0 Offers against this NIT shall be submitted online on e-Tendering portal https://eprocure.gov.in,
with valid digital signature certificate. Offers submitted on any other platform or in any other mode
or including e-mails, physical submission of offers etc. SHALL NOT be accepted.
3.1 The bidders are requested to register themselves on the above website with their valid digital
signature certificate, if not done already. It is mandatory for bidder to have valid digital signature
certificate (Class II or Class III) issued by any of the Certifying Authority approved by Govt. of
India for participating in the tender. The digital signature certificate shall be arranged by the bidder
at his cost. Bidders may refer Bidders Manual Kit available on the above website for detailed
information and instructions for registration, bid submission etc.
3.2 The documents, if any, which necessarily have to be submitted in originals if specified specifically
in the enquiry documents, shall be submitted offline. However scanned copies of such documents
shall be uploaded along with the offer submitted online.
3.3 The cover (s) containing the documents in original etc. to be submitted offline as required in the
enquiry documents shall be duly superscribed with enquiry No., due date of enquiry, bidder‟s name
& address and contact details. The documents shall be submitted to the following on or before the
due date :
The Sr. Manager(Materials)T&S-c, Corporate Materials,
PD Administrative Building, FACT Ltd., Udyogamandal PO,
Kochi – 683 501, Kerala
4.0 SUBMISSION OF BIDS: The bid shall be uploaded with all relevant documents before due
date and time in the above portal as given above.
5.0 Bid documents shall consist of Part-A and Part B as detailed below:
5.2 Part-B: shall comprise of the filled Price bid. The filled price bid ie. BoQ attached to the
tender shall be uploaded after filling all relevant details such as name and address of the
bidder, rates etc. as applicable.
5.3 The priced BOQ shall be uploaded strictly in the format attached, failing which the offer is liable
to be rejected. Renaming or changing the format of the BoQ is not permitted and the System will
not accept any such changed document.
5.4 Fill-in all the relevant fields of the BoQ either in value or as a percentage as specified in the BoQ.
Blank field, if any, in the uploaded BoQ shall be considered as Nil (not Quoted). No claim or
revisions shall be entertained in this regard.
5.5 Bidders shall quote prices in the BOQ only and nowhere else. No other documents shall be
enclosed with Price Bid (BOQ).
5.6 Rates shall be quoted in the same unit of measure given in the BOQ and shall be considered
accordingly.
5.7 Bidders shall ensure that all the required documents as per enquiry are uploaded in the System
before due date and time. The System does not allow submission of bids or any other document
forming part of the bid after due date & time of bid submission. Non-submission of documents or
incomplete documents may result in rejection of offers and no communication in this regard will be
entertained. FACT reserves the right to reject any bid not submitted as per instructions at their
discretion.
5.8 Timely submission of offers along with all the relevant documents online is the responsibility of
the bidder concerned. The bids may be submitted well in advance to avoid last minute issues like
non availability of internet, server not available, power failure etc. FACT shall not be held
responsible for bidder‟s inability to submit documents in time, incomplete submission of offers or
non submission of any documents forming part of the offers etc.
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 6
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
5.9 Bidders shall meet all expenses in connection with submission of his bid, attending the bid opening,
meetings etc.
6.0 BID OPENING:
6.1 Part-A of the bids of all bidders who submit their Bids as per the instructions on or before the due
date and time shall be opened online, on the specified bid opening date and time. Bids submitted
not in conformity with the Enquiry instructions are liable to be rejected without further processing.
6.2 Part-B - Price bids of those bidders whose Part-A bid is acceptable, based on pre-qualification and
techno-commercial evaluation, only shall be opened online on a subsequent date, on completion of
evaluation.
7.1 Earnest Money Deposit (EMD) – shall be furnished for the respective amount indicated in the NIT
only through NEFT/RTGS to FACT a/c No. 57017844467 with the State Bank of India,
Udyogamandal Branch, IFSC Code SBIN0070158. A scanned copy of the Payment Receipt /UTR No.
shall also be furnished along with Part-A bid. Bids without EMD or inadequate amount of EMD
will be rejected. No interest shall be paid on the EMD. EMD of the unsuccessful bidder will be
refunded after awarding the contract. EMD furnished against one enquiry will not be adjusted
against any other enquiry.
7.2 Bids without EMD shall be rejected except in the following cases: EMD will be exempted for Govt.
Depts/firms, public sector units, MSE units registered under MSMED Act (subject to Declaration of Udyam
Registration Numbers by the vendors on CPP Portal and uploading the copy of latest valid Udyam
Registration Certificate along with their bid)/ firms registered under NSIC/Khadi Board etc. as per
applicable govt. directions, on submission of valid documents in proof of the same.
7.3 If any bidder retracts from or without request of FACT revises or amends his bid during its
validity period or fails to submit Security Deposit within the stipulated time or fails t o execute
the required agreement when the contract is awarded or fails to commence the execution of the
work on the stipulated date, the EMD furnished shall be liable to be forfeited without prejudice to
FACT‟s other right to claim damages.
This tender shall be based on MSME order dt. 23rd March 2012, and as amended from time to time,
pertaining to Public Procurement Policy in respect of procurement of goods and services, produced and
provided by micro and small enterprises (MSE), including special benefits to MSE firms owned by
SC/ST and women entrepreneurs, on furnishing relevant documents as proof. Declaration of Udyam
Registration Numbers on CPPP is mandatory, failing which bidders will not be able to enjoy the benefits
as per PP policy. Bidders will get the benefit of PP policy only if they are MSE bidders at the time of
submission of their bids, in proof of which latest valid Udyam Registration Certificate shall be uploaded.
Bidders may note that failure to update the relevant information within the period specified in the online
Udyam Registration portal will render the enterprise liable for suspension of its MSE status, in which
case they will not be eligible to claim PP benefits/EMD exemption.
In divisible tenders, participating MSEs quoting price within price band of L1+15% shall also be
allowed to supply a portion of requirement by bringing down their price to L1 price in a situation where
L1 price is from someone other than an MSE. Such MSEs shall be allowed to supply atleast 25% (or as
applicable) of the total tendered value. In case of more than one such MSE, the supply will be shared
proportionately (to tendered quantity). Special provisions extended to certain categories of MSEs as per
the order shall also be applicable.
In case of non divisible tenders, an MSE quoting in the price band of L1+15% may be awarded for
full/complete work of tendered value, considering the spirit of policy for enhancing the Government
procurement from MSEs subject to bringing down of price to L1 by the MSE concerned.
9.0 DEVIATIONS:
10.0 CONFORMITY:
Bids must conform in all respects with the applicable terms and conditions of this enquiry. Bidder must
certify in the compliance Statement that his bid complies with all Enquiry documents and technical
specifications.
11.0 Rates:
11.1 Bidder shall quote his lowest rate for the work strictly as per the BoQ (Price Bid format) . Bids not
complying with the above are liable to be rejected.
The Un-priced bid shall be submitted along with Part-A bid duly signed by the Bidder, indicating
“QUOTED” in the columns. Rates shall not be indicated in Un-priced Bid.
11.2 Bidder shall quote all-inclusive rate for the work, but exclusive of GST. GST if applicable, will be
payable extra by FACT as per statutory notification.
11.3 The rates quoted in the tender are to hold good for a period of four months from the date of opening
of the Pre-Qualification-cum-Techno-Commercial bid (Part-A). If contract is awarded, the work
order rates shall be valid for the entire period of contract inclusive of extension / extensions. No
bidder can withdraw his tender or revoke or revise the rates within the aforesaid period of
120 days. If the bidder withdraws/revises/revokes OR shows unwillingness to confirm with his
offer, the Earnest Money Deposit (EMD) remitted by the bidder against the tender shall be forfeited
by FACT, without prejudice to FACT‟s other right to claim damages.
12.1 The successful bidder (Contractor) shall be required to furnish an interest free Security Deposit
(SD) equivalent to three percent (3%) of the total contract value by DD/NEFT/RTGS or by
Bank Guarantee issued by a Nationalised / Scheduled Bank as per the Proforma prescribed within
15 days of issue of the work order. The Bank Guarantee shall be valid till the expiry of the contract
with a claim period of six months thereafter. FACT a/c No. 57017844467 with the State Bank of India,
Udyogamandal Branch, IFSC Code SBIN0070158 shall be used in case of remittance of Security deposit by
NEFT/RTGS and proof of remittance shall be submitted to FACT.
12.2 In case the bidder whose bid is accepted, fails to deposit the prescribed Security Deposit or fails to
execute the agreement or fails to commence the execution of the work within the specified time,
the contract issued to him is liable to be terminated and the Earnest Money already deposited by the
contractor shall be forfeited without any further reference to the contractor and alternative
arrangements made at the risk and cost of the Contractor.
FACT reserves the right to reject any or all bids without assigning any reason whatsoever. No
claims shall lie against FACT on this account and FACT‟s decision in this regard shall be final
and binding on the bidders. FACT reserves the right to negotiate with the lowest bidder.
The contractor's responsibility under this contract will commence on the date specified in the Letter
of Intent/Work Order. The successful Bidder shall be required to execute an Agreement with
FACT, within 15 days of the receipt by him of the Work order issued by FACT for carrying out the
work according to the terms and conditions of the contract given along with the Work Order. The
Agreement shall be executed on Rs.200/- Stamp paper and shall be in the pro forma as specified by
FACT. The provisions contained in tender papers and other documents exchanged between the
Bidder and FACT shall form part of the contract. The Earnest Money Deposit is liable to be
forfeited in case the contractor fails to execute the agreement within the stipulated period as
mentioned above.
15.0 The bidder shall furnish the following along with the offers.
1. The GST registration Number and details. In the case of Provisional ID, GST Registration Number
shall be provided on receipt of the same.
2. Place of supply/Service
3. Address of the supplier/service provider‟s billing the item if it is different from 2 above
4. GST rates applicable for each item
5. HSN / SAC codes of each of the goods / services quoted
In case of unregistered contractor, a declaration to that effect with reason should be furnished.
FACT‟s GST No. in the state of Kerala is 32AAACT6204C1Z2. FACT‟s GST numbers in other
southern states is as follows:
Tamilnadu: 33AAACT6204C1Z0
Karnataka: 29AAACT6204C1ZP
Andhra Pradesh: 37AAACT6204C1ZS
Telangana: 36AAACT6204C1ZU
Puducherry: 34AAACT6204C1ZY
In case FACT incurs any liability (like interest, penalty etc.,) due to denial/reversal of such input
tax credit in respect of the invoice submitted by the supplier/contractor, for the reasons attributable
to the supplier/contractor, the same shall be recovered from the supplier/contractor
Further in case FACT is deprived of the input tax credit due to any reason attributable to the
supplier/contractor, the same shall not be paid or recovered if already paid to the
supplier/contractor.
16.0 GENERAL:
16.1 FACT reserves the right to extend without giving any reason, the last date for submission and opening
of bid, but such extension will be duly intimated to those who have submitted online. In case the date of
bid opening happens to be a day of strike/hartal etc. due to any reasons or happens to be a holiday for
FACT, declared due to unforeseen and emergency reasons or due to any tech problems, the bids will be
opened at the same time on the next full working day.
16.2 FACT reserves the right to make changes in the tender documents, but such changes will be published in
our portal as a corrigendum. Bidders are requested to counter check with portal before submitting their
bids.
16.3 Mere submission of all the documents will not necessarily mean that the Bidder is suitable.
Worthiness assessed by FACT will be final and binding on the Bidder.
16.4 FACT may relax condition of prior turnover and prior experience (if specified in the Pre
Qualification criteria) with respect to Micro & Small Enterprises (MSEs) subject to meeting of
quality and technical specifications.
16.5 Except in the cases of items/services related to public safety, health, critical security operations and
equipment etc., FACT at its discretion may relax the conditions of prior turnover and prior
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 10
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
experience (if specified in the Pre Qualification criteria) for Startups recognised by Dept. of
Industrial policy and promotion (DIPP) subject to meeting quality and technical specifications, on
furnishing copies of relevant certificates / documents in proof of such recognition by DIPP.
16.6 All clarification and correspondence related to this enquiry shall be made only in English to the
Sr.Manager(Materials)T&S-c, Corporate Materials, PD Administrative Building, FACT Ltd.,
Udyogamandal – 683 501, Tel : 0484-2568260/2568273/2545196; Email:[email protected]
16.7 All disputes and questions, claims, rights, matters or things, whatsoever, in any way, arising out of
or relating to the calling of bids, evaluation of offers, award of contract, change in structure of bids
or any other matter relating to finalization of contract are to be referred to the sole Arbitrator who
shall be the General Manager [Materials] of FACT. The award shall be binding on both the parties.
The bidders are advised to get informed of all details they require regarding the work before
submitting their bids.
16.8 Work order shall be issued by Sr. Manager [Materials]T&S-c.
Bidders are requested to visit Central Public Procurement Portal (https://eprocure.gov.in) regularly
for any updates/corrigendum on the tender, including extension of due date, if any. No other mode of
communication shall be made in this regard.
Bidders shall comply with Fraud Prevention Policy of FACT 2012 (FPPF 2012). The said Policy is
available in FACT‟s Website www.fact.co.in.
ANNEXURE – II
Unit Estimated
Sl.
of Measurement Quantity for
No. Items of work
(UoM) Two years
Code No UC-STO-HM-01 (Unloading/ Loading of
structural steel materials): Unloading/ Loading of heavy
pipes and Fittings, structural steel materials such as
1 MT 1000
Beams, Channels, Angles, Flats, Plates etc.. with Forklift
/ Crane provided by FACT as required at Stores, FACT
Udyogamandal Complex (Fert).
Code No UC-STO-HM-02 (Unloading/ Loading of other
materials) : Unloading/ Loading, of other materials such
as small pipes & fittings, valves, pumps, motors, other
equipments and spares, cables, rods, sheets, packing
2 materials, chemicals, oils, lubricants, paints, timber, MT 2000
various construction materials, insulation materials and
other items in loose, packages, bundles, crates etc….
with crane/ forklift provided by FACT as required at
Stores, FACT Udyogamandal Complex (Fert).
Code No.UC-STO-HM-03(Miscellaneous Stores
Activities): Unloading/ loading of small consignments/
packages/ loose items, Opening of boxes/ packages,
segregation, sorting, measuring, stacking, de-stacking,
re-stacking, shifting, handling etc… of all items,
Miscellaneous activities like, grass cutting, Assisting
3 Man days 6000
Stores activities in binning, tagging, issue of materials,
stock verification, rejection activities, removal of
debris/ packing materials, checking/ segregation of
empty product bags, scrap yard activities, housekeeping
etc… as required at Stores, FACT Udyogamandal Complex
(Fert).
ANNEXURE - III
PRE-QUALIFICATION CRITERIA FOR BIDDERS
2. The bidder must be of sound financial standing. The bidder shall enclose along with pre-
qualification bid any of the following documents towards proof of financial soundness:
(a) Copies of Latest Income Tax returns for 3 years ,
(b) Copies of Latest balance sheet / Profit & loss Account for 3 years and
(c) Solvency Certificate (original or copy duly attested by a Notary) for a minimum of
Rs. 1,20,000/- from a Nationalized / Scheduled Bank. The solvency Certificate issued shall
be dated after three months prior to the date of enquiry.
3. Bidder must have a representative in Cochin / nearby areas with communication facility and
sufficient authority to co-ordinate day-to-day activities with FACT at Udyogamandal.
Note: The offers of such bidders who meet PQ criteria shall only be considered for technical
evaluation and opening of price bids. Offers received without supporting documents or with
incomplete form/documents are liable to be rejected. FACT reserves the right to verify the claim
of the bidders/documents submitted by them, directly with the clients or any other agency i n this
regard.
Note for Micro and Small Enterprises: Prequalification criteria specified above shall also be
applicable for Micro and Small Enterprises without any relaxation.
ANNEXURE-IV
FACT reserves the right to verify the information given as per the format and enclosures. It is the
responsibility of the bidder to give the full details asked for as per this format for evaluating his bid as
per this Enquiry. Any misrepresentation of facts and withholding of information may result in
disqualification.
Sl.
Description To be filled in by Vendor
No
1 Name of the bidder
Address and designation of the Bidder
2
Name
Address
Mobile No
7 Constitution of the firm: (Strike out which is Proprietorship / Regd. Partnership/
not applicable Limited Company
8. Year of Establishment
9. Name, Address , Telephone Nos. of
Proprietor/Partner/Directors
a. Name
b. Address
c. Office:
Phone No.
Residence:
d. Mobile No.
e. Fax No.
f. Email id.
10 Name and Address of the authorised signatory
11. CATEGORY:
a Whether the entrepreneur comes under the
following status (please tick) Micro/Small/Medium
* In case of Micro/Small pl. enclose Udyam
certificate. All MSE bidders shall register /
declare their Udyam Registration Numbers
on CPP Portal and copy of this registration
/ declaration shall be attached with the
offer; failing which such bidders will not
be able to enjoy benefits as per PP Policy
for MSME order, 2012.
21. Please furnish the following details along with your Banker‟s Authorisation letter:
5 MICR Code
6 IFSC Code
7 Account Type
8 Bank Account No.
9 Account holder‟s Name
10 Vendor email address
25 Declaration on Proprietor/Partners/Directors
Full Name of the Proprietor/Partner/Director Name of the other firm(s) of which bidder is a
proprietor/partner/Director
a
b
c
d
e
I/We hereby solemnly declare that the Proprietor/Partner/Director of this firm/company
mentioned at Sl.No.(s) above is/are common/not common(Strike off whichever is not applicable)
with any other firm/company who has applied for against same advertisement. In case of common
Proprietor/Partner/Director in other firm, who has applied against same advertisement, pl
mention the name of the firm/firms.
Details of EMD
26
Name of Bank/issuing UTR No./Challan/ Receipt Date Amount(Rs.)
Branch No.
DECLARATION
I/We certify that all information furnished by me/us against this enquiry are true and correct to the best
of my/our knowledge and belief. In the event of any information given by me/us is found to be
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 16
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
untrue/incorrect, I /We have no objection in FACT disqualifying me/us against this enquiry and
banning me/us from participating in future enquiries as well.
Authorised Signatory,
Date: Name :
Place: Designation :
Signature :
(Seal)
ANNEXURE –V
COMPLIANCE STATEMENT
We state that our bid is in full compliance with the documents issued against the Enquiry No:
MM/181/E24901 dtd. 11.02.2022 and we have read and understood the Notice Inviting Tender,
Scope of Work, Instructions to Bidders and Terms and Conditions of Contract attached with this
enquiry referred above and hereby confirm our acceptance to the same.
ANNEXURE- VI
1 DEFINITIONS
1(a) FACT shall mean THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED with
Registered office at Udyogamandal, Kochi-683501, its operating Divisions at Udyogamandal
(FACT-UD) and at Ambalamedu (FACT-CD) and Marketing offices spread across South India
(which expression shall repugnant to the context or meaning thereof, include its successors and
assigns).
1(b) “Contractor" shall mean the individual / firm / company, who has been awarded the Work Order
(contract) against his/their bid in response to the enquiry issued by FACT and shall include
his/their legal representatives heirs, successors and assigns.
2. PERIOD OF CONTRACT
The period of Contract shall be for two years from the date of issue of Letter of Intent (LOI)/
Work order.
3. Single pro-rata wages will be given for extra hrs. done beyond normal working hrs for the
activities vide code no. UC-STO-HM-03.
4. The contractor shall carry out works as per instructions of the Sr.Manager (Stores)-UC or
concerned officers in Stores, Udyogamandal Complex Fert. The contractor shall also arrange to
carry out the work, anywhere in FACT-UC (Fert) premises based on specific instruction from
Sr.Manager (Stores)-UC or the Officer (Stores).
5. The quantity shown in the scope of work is only indicative and no guarantee for the quantum of
work involved can be given.
6. Obligations of FACT
FACT shall provide Forklift/Crane for unloading/ loading of materials free of cost, wherever
specified.
7. AGREEMENT
Contractor to Execute Agreement: The contractor shall execute an Agreement with FACT,
within 15 days of receipt of the Work Order. The Agreement shall be executed on stamp paper (of
appropriate value) as per the proforma as specified by FACT.
8. SECURITY DEPOSIT
8.1 The Contractor shall remit 3% of the total contract value as per the work order as interest free Security
Deposit (SD) by DD/NEFT/RTGS or furnish a Bank Guarantee issued by a Nationalised/ Scheduled
Bank as per the Proforma prescribed by FACT, for equivalent amount within 15 days of issue of
work order by FACT. The Bank Guarantee shall be valid till the expiry of the contract with a
claim period of six months thereafter.
8.2 In case the contractor fails to deposit the prescribed Security Deposit or fails to execute the
agreement or fails to commence the work within the specified time, the contract issued to him is
liable to be terminated and the Earnest Money Deposit (EMD) shall be forfeited and alternative
arrangements made at the risk and cost of the contractor. The contractor will also be liable for
getting delisted from FACT and will not be eligible to participate in future tender(s) as per
FACT‟s policy in vogue.
8.3 The SD shall remain at the disposal of FACT, as a security for the satisfactory execution and
completion of the work in accordance with the terms and conditions of the contract. The SD shall
not be released until the work as per the Contract is satisfactorily completed and accepted and
final bills paid. In case the contractor fails to make good any amount due from him inter-alia,
losses, damages, penalties, dues etc. as may be payable by the contractor, FACT shall be at
liberty to deduct/ appropriate such payments from the security deposit without prejudice to
FACT's right to claim balance amount from the contractor. Violation(s) of any of the terms and
conditions of Contract by the contractor shall entail (i) forfeiture of the SD and (ii)
disqualification from further work with FACT without prejudice to FACT's right to avail other
remedies.
9. FIRMNESS OF RATES
9.1 The rates shall be firm throughout the contract period. No charge/claim on any account,
incidental or otherwise, other than expressly provided in the contract, shall be payable by FACT.
The bidder shall furnish the following along with the offers.
1. The GST registration Number and details. In the case of Provisional ID, GST Registration
Number will be provided on receipt of the same.
2. Place of supply/Service
3. Address of the supplier / service provider‟s billing the item if it is different from 2 above
4. GST rates applicable for each item
5. HSN / SAC codes of each of the goods / services quoted
In case of unregistered contractor, a declaration to that effect with reason should be furnished.
d) Submit GST compliant tax invoice to FACT for payment for the service.
e) Shall ensure uploading the above invoice as per statute &
f) File monthly returns in time enabling FACT to claim the input tax credit.
In case FACT incurs any liability (like interest, penalty etc.,) due to denial/reversal of such input
tax credit in respect of the invoice submitted by the supplier/contractor, for the reasons
attributable to the supplier/contractor, the same shall be recovered from the supplier/contractor
Further in case FACT is deprived of the input tax credit due to any reason attributable to the
supplier/contractor, the same shall not be paid or recovered if already paid to the
supplier/contractor.
12.0 The Contractor shall carry out works as scheduled as per instructions of the User department.
12.1 The quantity shown above is only indicative and therefore no guarantee for quantum of work
involved can be given. FACT reserves the right to increase/decrease the quantity of individual
services.
12.2 Works shall be executed in the specified manner to the satisfaction of FACT.
12.3 The contractor shall carry out all works incidental to the scope of work stated above, whether
expressly mentioned herein or not, for executing the contract to the satisfaction of FACT.
12.4 The contractor or his representative or his workmen shall not interfere, obstruct, cause to be
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 21
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
interfered with any work entrusted with other contractors by FACT and in the event of his non-
compliance with the above FACT will take appropriate remedial action as deemed fit at the risk
and cost of the contractor. Any damage caused to FACT‟s own or hired building/equipment or
any property of Dealers of FACT etc., due to the negligence of the contractor or his workmen,
will be to the account of the contractor and FACT shall be indemnified by him in all such cases.
13.2 Vehicles employed during the course of execution of the Contract, shall have valid permits in
compliance with the Motor Vehicles Act, 1988 and the Central Motor Vehicle Rules, 1989 and
regulations formulated from time to time.
13.3 The contractor shall comply with the requirements of all Local, State and Central Govt. Acts,
Rules, Regulations, Bylaws, Orders etc, in force from time to time and in particular, the Factories
Act, 1948, the Workmen's Compensation Act 1923, the Contract Labour (Regulation and
Abolition) Act, 1970, the Minimum Wages Act,1948, The Mines Act 1952, the Explosives Act
1884 and all other relevant Acts and Rules as amended from time to time in so far as they are or
may be applicable to the execution of works as per this contract. The contractor shall obtain at his
cost all permits, license and other authorization, as required for his work, from Govt. authorities.
The contractor shall maintain proper records & registers as required by the statutes concerned and
submit them to FACT as and when required. In case the contractor fails to discharge his statutory
obligations leading to a situation wherein FACT is to incur any expenditure/loss such
expenditure/loss, including those in any proceedings or litigation, as a result of any claim or act
on the part of the employees of the contractor, shall be reimbursed/compensated to FACT within
a reasonable time, failing which FACT reserves the right to recover the same from the contractor
from any payments due to him, without prejudice to FACT‟s rights for recovery of the same.
14.0 PAYMENT
Payment shall be effected on fortnightly basis by NEFT/RTGS. The bills shall be certified by
the user department and payment shall be made by the Finance Dept. of FACT Ltd. Payments
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 22
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
shall be made after deduction of (1) amounts due from them to FACT on account of shortage /
damages / loss to the goods entrusted to them, (2) statutory deductions/levies such as PF/ESI
liability (as applicable), Income Tax, GST etc. if any as applicable and (3) any other amount due
from the contractor for any other reason. If the amount due from the contractor is more than the
amount due to the contractor, the contractor shall arrange to pay FACT the difference without
delay.
16. INDEMNITY
Without prejudice to any other provisions in these conditions, the contractor shall be bound to
keep FACT or any representative or employee of FACT fully indemnified against any action,
claim or proceedings under the provisions of any rules, regulations, bylaws, notifications,
directions or order having the force of law for anything done or omitted to be done by the
contractor in contravention of such provisions etc. for the infringement or violation thereof by
him in the course of the execution or completion of the work under the contract and if, as a result
of any such action, claim or proceedings, the contractor or such representative of FACT, as the
case may be, adjudged to be liable to any penalties or to pay any penalties or to pay any
compensation, such liability, the contractor shall do so and if FACT has to take-over the liability,
FACT shall deduct all amounts arising out of such liabilities from the security deposit of the
contractor or from any other amount due and payable by FACT to the contractor under this
Contract or any other Contract and without prejudice to any other legal remedy available to
FACT.
17. ASSIGNMENT
The contractor shall not assign or transfer or sublet the contract or any part thereof without the
prior written approval of FACT.
further that FACT shall at all times be entitled to deduct the said debt or deposit which may
become payable to the contractor under these presents.
20. A muster roll of all the labourers employed at site shall be kept by noting the daily attendance and
wages. The signature or thumb impression of the employees shall be obtained in respect of the
wages on rolls and a copy of the attendance and wages register shall be produced to the Finance
Department of FACT within 3 days after wage disbursement in the forms prescribed by FACT.
21. The Contractor will be responsible for the safe, prompt and time-to-time execution of the work as
required by user Department.
22. The Contract shall not in any manner or to any extent imply that the Contractor or his workmen
will be given work regularly and without interruption. Whenever it is found that the Department
workmen are insufficient to cope with the handling and moving of incoming materials, the
Contractor will be called to do such work and in such contingencies, the contractor is expected to
carry out the work entrusted to him then and there.
23. The Contractor shall be responsible for all kinds of payment to his workmen including Employees
State Insurance, Provident Fund and any other extra payment to labourers as applicable under
statutory obligations. FACT will not pay any additional amount, on whatsoever account.
24. Contractors should employ only ESI registered workmen for any item of work inside the factory.
If contractors have workmen who are not yet registered under the ESI, they should ensure that the
workers have been duly registered before employing them in the work.
25. PF & ESI Regulations: The workers deployed by the Contractor for the work shall be covered
under the PF & ESI Acts. The Contractor shall ensure full compliance to the above Acts. The
Contractor shall be responsible for making all payments to his workmen, including ESI and
Provident Fund benefits etc., as applicable. Deductions towards PF & ESI contributions on behalf
of the workers will be made from the Contractor‟s bills, if applicable, and remitted to the
concerned Departments by FACT based on wage roll cum attendance roll to be furnished by the
Contractor. If the workers are not presently registered with PF & ESI, necessary applications
signed by the workers shall be submitted by the Contractor for enabling their registration. It is
also made clear that FACT shall not make any payments to the Contractor other than the rates
agreed for the work. All extra payments, if any, to be made to the Contractor's workmen during
the course of contract period shall be borne entirely by the Contractor. In case the Contractor fails
to discharge his statutory obligations leading to a situation wherein FACT is to incur any
expenditure/loss in their capacity as the Principal Employer, such expenditure/loss shall be
realized from the Contractor.
26. If there is any default on the part of the contractor an estimated amount towards ESI/PF liability
including penalty/damage will be recovered by FACT from the bills of the Contractors.
27. All contract workers shall be enrolled with Kerala Labour Welfare Fund as per Government of
Kerala Order No.3989/B1/2010/LBR. FACT shall deduct both employees and employer‟s
contribution from the contractor‟s bill and remit the same to the fund.
28. Contractor should conform to all the laws governing employment and safety of labour and in
particular with the provisions of Minimum Wages Act 1936; The Mines Act 1952; The explosive
Act 1884 and the Rules and Regulations framed under the said Acts. If any amount become
payable by FACT as a result of any claim or obligation in terms of the provisions of the said Acts
and Rules and Regulations thereon, such amounts shall be recovered from Contractor.
29. Contractor should comply with the provisions of all Local, State and other Government Rules,
Regulations, By-Laws and orders, etc. for the time being in force in the execution of works in the
contract.
30. Contractor should conform to the provisions of given laws, rules, regulations and orders for the
time being in force with reference to Factories Act, Provident Fund Act, Kerala Workmen's
Compensation Act, Contract Labour (Regulation & Abolition) Act, 1970, etc. in the execution of
the work and in particular the provisions of the Metalliferrous Mines Regulations 1961 and the
rules framed thereon shall be kept in view.
31. The Contractor shall obtain valid license from the Labour Department for employing contract
labour under the Contract Labour (Regulation and Abolition Act) before commencement of the
work. The Contractor shall also ensure coverage of the labourers under the PF and ESI Acts, as
applicable.
32. Contractor is liable for payment of all claims or damages, compensation or expenses payable as a
result of any accident or injury sustained by the workmen employed or hired by contractor in the
execution of the contract, which contractor is liable to pay by rule, law and order of Government.
The expenses, if any incurred by FACT on the above, will be realised from any amount that may
be due to contractor from FACT.
33. If any work entrusted with other parties by FACT is obstructed by, interfered with or caused to be
interfered with, to the detriment of FACT's interest by contractor or their employees, the contract
will be terminated without notice and the remaining work for the unexpired portion of this
contract will be arranged by FACT through other parties at contractor‟s risk and cost. The deci-
sion, whether FACT's work has been interfered with or obstructed, will be taken by FACT and it
will be final.
34. Final settlement of contractor's bill will be subject to clearance from PF Section regarding PF
liability.
35. FACT will not be responsible for payment of any compensation for any hold-up of works due to
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 25
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
36. Contractor should strictly observe the safety and security regulations of FACT. Any loss or
damage, incurred by FACT on account of contractor‟s failure or that of their employees to
observe the security and safety regulations of the Company shall be to their account.
37. Contractor should employ only adult workers not below 18 years of age. Contractor should not
employ persons who are disabled, infirm, mentally unsound, women in advanced stage of
pregnancy or very old persons.
38. If the work entails engaging more than 20 contract workers, the contractor should produce the
license from the competent authority, as per provisions of Contract Labour (Regulations &
Abolition) Act 1970.
39. The Site Engineer/Site-in-Charge will assess the damages to any of the equipments/materials and
loss of tools issued to contractor and the cost thereof will be recovered from them.
40. In all cases of disputes the decision of the General Manager, F.A.C.T. Ltd., Udyogamandal
Complex shall be binding.
41. The contract shall not mean continuous work for the Contractor. There will not be any payment
towards idling charges on account of this.
42. FACT shall have the right to object to any unsafe practice used or resorted to by the Contractor
and to direct the Contractor to carry out the job in a manner considered safe by FACT.
43. In case, the contractor fails to carry out the works satisfactorily as per the contract, FACT may
give 24 hours notice in writing to the contractor calling him to make good the failure, neglect or
contravention complained of, within the said time. In default of compliance of the said notice, the
company shall have the option and be at liberty without prejudice to its rights, to arrange to
complete the work by other means/other agencies and all losses, damages or extra expenditure
incurred in this connection shall be to the contractor‟s account.
44. The security and safety of the Contractor's belongings shall be arranged by him at his own
responsibility and cost.
45. Insurance coverage of the Contractor's belongings, personnel deployed for the job shall be
arranged by him at his own responsibility and cost.
46. The Contractor shall exercise care, diligence and promptness in the work and adhere to all rules
and regulations, statutory obligations and all other rules and laws that have a bearing on the work.
Any damage, or any action legal or otherwise arising on account of the contractor‟s failure or
negligence or breach of the statutory obligations, shall be to the contractor‟s account. If any
loss/expenditure arising from the breach thereof is not satisfactorily met/settled by the contractor,
FACT reserves the right to withhold payment of bills/security deposit and discharge the
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 26
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
obligations of the contractor without prejudice to the company‟s right to claim from the contractor
full value of damage/compensation. The Account rendered by FACT in this connection shall be
treated as final.
47. The Contractor shall assume all liabilities for, and keep FACT wholly indemnified against all
actions or suits, costs, damages, changes and expenses arising out of or in connection with
carrying out of the work covered by the contract with respect to the labourers deployed by the
contractor for the work.
48. Strike etc., by contractor's labour owing to any dispute pertaining to wages or otherwise will not
be deemed to be a reason beyond the control of the contractor.
49. The Contract once awarded shall not imply that the Contractor will have the exclusive right for
handling of FACT‟s materials in other related areas. The contract is not a guarantee to the
Contractor either for continuity of work on all days or any definite volume of work at any time.
50. Passes:
The Contractor shall obtain passes for himself, his workers and vehicles for entry inside the
premises of FACT and where unloading points are located. Passes are not transferable and shall
be renewed on expiry. Passes must be surrendered to FACT‟s Security Department, when
workers/representatives are changed or when the contract is completed/terminated, failing which,
amount as fixed by FACT shall be payable for every pass thus not surrendered.
OTHER TERMS AND CONDITIONS: All other terms and conditions shall be as per our
Standard Terms and Conditions of Contract - Annexure –VII. In case of any contradiction between
Special Terms and Conditions of Contract – Annexure – VI and Standard Terms and Conditions of
Contract – Annexure – VII, Annexure – VI will prevail.
ANNEXURE VII
00. CONTENTS :
01. GENERAL:
02. SECURITY DEPOSIT:
03. RATES:
04. PAYMENT:
05. QUANTITY:
06. CONTINUITY OF WORK:
07. RESPONSIBILITY FOR MATERIAL:
08. SECURITY & SAFETY REGULATIONS:
09. STATUTORY OBLIGATIONS:
10. CONTRACTOR's WORKMEN:
11. DEFAULT:
12. TERMINATION:
13. FORCE MAJEURE:
14. ASSIGNMENT:
15. APPLICABLE LAW & SETTLEMENT OF BILLS:
16. ENVIRONMENT MANAGEMENT SYSTEM:
17. FRAUD PREVENTION POLICY OF FACT:
18. ENTIRETY OF CONTRACT:
01. GENERAL:
"FACT" shall mean the Fertilisers and Chemicals Travancore Limited, with registered office at
Udyogamandal and its operating Divisions at Udyogamandal and Ambalamedu.
"Contractor" shall mean the firm/company/individual, who has been awarded the work order
(Contract) against their bid in response to the enquiry issued by FACT.
The Contractor shall return to FACT the duplicate copy of the work order with terms and conditions duly
acknowledged and signed in confirmation of having accepted the order as per terms and conditions
mentioned.
The Contractor shall execute within 15days from the date of receipt of FACT's Letter of Intent, an
agreement in stamp paper in the form prescribed by FACT and shall bear all expenses incidental
thereto.
The contract once awarded will not imply that the Contractor has exclusive right for the particular job.
The Contractor is deemed to have carefully examined and satisfied himself on the nature and extent of
work to be executed and no claims for any extra payment shall be admissible under any circumstances.
FACT shall not in any way be responsible to the Contractor for payment of compensation for hold up of
work, if any, due to any situation beyond the control of FACT.
02. SECURITY DEPOSIT :
The contractor) shall remit interest free Security Deposit (SD) equivalent to three percent (3%) of the
total contract value by DD/NEFT/RTGS or by Bank Guarantee issued by a Nationalised / Scheduled
Bank as per the Proforma prescribed within 15 days of issue of award of Letter Of Intent or contract,
whichever is earlier. The Bank Guarantee shall be valid till the expiry of the contract with a claim period
PRPD. BY: CHKD. BY: APPRD. BY: 14.02.2022 28
FERTILISERS AND CHEMICALS
Transport ervices TRAVANCORE LIMITED
Loading, Unloading, Stacking & Handling of Steel ENQUIRY NO:
FACT
MM/181/E24901
CORPORATE items/Other materials and Miscellaneous Store activities Dtd.11.02.2022
MATERIALS at FACT UC- Stores(Fert)
03. RATES:
The rates shall be inclusive of all incidental and other charges excluding GST which may have to be
incurred by the Contractor in execution of the work as per this contract. The rates shall be firm for the
period of contract.
Rate revision on account of changes in the price of High Speed Diesel (HSD) oil shall be effected only if
specified in the Special Terms and conditions.
04. PAYMENT :
Payment shall be effected, on presentation of the bills to the Chief Manager(Fin)-Bills duly certified by
the authorised person specified in the special conditions attached. Final settlement of contractors bill
shall be made after deduction of (1) amounts due from them to FACT on account of shortage /
damages / loss to the goods entrusted to them, (2) statutory levies such as PF liability, Income Tax,
TDS on GST etc. if any and (3) any other amount due from the contractor for any other reason. If the
amount due from the contractor is more than the amount due to the contractor, the contractor shall
arrange to pay FACT the difference without delay.
05 QUANTITY :
Quantity given in the contract is only an approximate indication and FACT does not guarantee the total
quantity to be transported. FACT reserves the right to reduce or increase the quantity at any time
without assigning any reason whatsoever and does not give any guarantee regarding the quantity. The
Contractor has no right to claim loss / loss of profit on account of reduction in revenue arising out of
variation in quantity made available for transport.
with this.
Any damage caused to any of FACT's buildings, equipment, vehicles, crafts etc. and that of any other
contractor/s due to the negligence of the Contractor, his employees, his representatives and crew shall
be to the account of the Contractor and FACT shall be indemnified and compensated in all such
respects by the Contractor.
All precautions in transporting and handling whether stipulated or not shall be adhered to by the
Contractor. The Contractor shall exercise care, diligence and promptness in the work and adhere to
transport Rules and regulations, statutory obligations and all other Rules and Laws that have a bearing
on the work. Any damages/shortages/penalties or any action legal or otherwise arising out of the
Contractor's delay or failure or negligence or breach of statutory obligations shall be to the Contractor's
account. If any loss/expenditure arising from the breach thereof is not met satisfactorily by the
Contractor, FACT reserves the right to withhold payment of bills/Security Deposit and discharge the
obligations of the Contractor without prejudice to FACT claiming from the Contractor full value of
damages/compensation. The account rendered by FACT in this connection shall be treated as final.
The vehicles/tankers, if any, employed during the course of the execution of the Contract, shall have
valid permits for carrying out the intended task.
Due safety requirements in handling and transporting hazardous chemicals like liquid Sulphuric Acid,
Sulphuric Acid etc. filled in tankers, as provided vide Motor Vehicles Act 1988 and the Central Motor
Vehicle Rules 1989 and regulations formulated from time to time by the proper authority, shall be
adhered to by the Contractor at his own expense. The vehicles shall be legibly and conspicuously
marked with an emergency information panel, as applicable, in each of the three places as per Rule
134 of the Central Motor Vehicle Rules 1989. Further any person driving the vehicle employed in the
work as per the Contract shall have the ability to read and write at least one Indian language as per rule
9 of the Central Motor Vehicle Rules 1989 and Rules 4 of the Central Motor Vehicles (amended) Rules
1993.
The vehicles shall be equipped with all the necessary safety appliances/equipment for emergency and
rescue purpose as stipulated in Motor Vehicles Act 1988 and rules thereto.
09. STATUTORY OBLIGATIONS
The Contractor shall comply with the requirements of all Local, State and Central Govt. Acts, Rules
Regulations, By-Laws, Orders etc, in force from time to time and in particular Indian Factories Act,
Workmen's Compensations Act, Contract Labour (regulations and abolition) Act 1970, Minimum Wages
Act 1936, The Mines Act 1952, The Explosives Act 1884 and all other relevant Acts and Laws as
amended from time to time in so far as they are or may be applicable to the execution of works as per
this contract.
The Contractor shall obtain at his cost all permits, license and other authorisation, as required for his
work, from Govt. authorities. The Contractor shall maintain proper records & registers as required by
the concerned statutes and submit them to FACT as and when required.
Proper records of payment of wages to workers/labourers/crew etc. engaged in the work shall be
maintained by the Contractor and produced for inspection when required by FACT.
The Contractor shall be responsible for all payments to his workmen including Employees State
Insurance and Provident Fund benefits etc., if any, i.e. FACT shall not make any payments to the
Contractor other than the rates agreed for the work. All extra payments, if any, to be made to the
Contractor's workmen during the course of contract period shall be borne entirely by the Contractor.
In case the Contractor fails to discharge his statutory obligations leading to a situation wherein FACT is
to incur any expenditure/loss in their capacity as the Principal Employer such expenditure/loss shall be
realised from the Contractor.
11. DEFAULT:
In the event of failure on the part of the Contractor to execute the Contract to FACT's satisfaction,
FACT may, at their option, either recover from the Contractor liquidated damages as prescribed in the
"Special Conditions", if any, or at the risk and cost of the Contractor and without prejudice to FACT's
other rights as per the Contract, terminate the Contract wholly or partially and carry out the work
through other contractors or by themselves.
12. TERMINATION :
If any work entrusted with other contractors by FACT is obstructed by, interfered with or caused to be
interfered with by the Contractor, his employees, his representatives or crew, the contract shall be
terminated without notice and the remaining work for the unexpired portion of the contract arranged by
FACT through others at the Contractor's risk and cost.
The contract can be terminated by FACT with one month's notice at any time during the pendency of
the contract.
14. ASSIGNMENT :
The Contractor shall not assign, transfer or sub-let this work order without the prior written approval of
FACT.
Any legal proceedings relating to or in connection with this contract shall be limited to the exclusive
jurisdiction of the High Court of Kerala.
FACT a Central Public Sector Undertaking (PSU) follows Corporate Governance principles proactively
and has formulated a Fraud Prevention Policy. Details of Fraud Prevention Policy of FACT-2012 can be
viewed in FACT’s Website www.fact.co.in. Contractors shall make themselves aware and also ensure
compliance of the same.
All of the terms agreed to between the Contractor and FACT are included in the Work Order and no
other communication, written, oral, or implied shall be considered to be included in the Work Order or
form part of the Work Order, unless specifically agreed to in writing by FACT.
************
ANNEXURE VIII
With reference to the above enquiry, we quote our lowest rate as follows:
I/We have read and understood the Notice Inviting Tender, Instructions to Bidders and the Terms and Conditions of this
enquiry and hereby confirm our acceptance to the same.
Place:
Date: Seal
ANNEXURE IX
Please visit https://eprocure.gov.in and search using the tender ID under FACT Tenders to see the
Price Bid (BOQ- EXCEL SHEET).
ANNEXURE –X
given to the said Contractor or any other forbearance, act or omission on the part of the Company or any
indulgence by the Company to the said Contractor or any other matter of thing whatsoever which under the
law relating to sureties, but for this provision, have the effect of so relieving us.
This guarantee shall not be affected by any change in the constitution of the Bank or the Company or the
said Contractor nor shall this guarantee be affected by any change in the constitution of the Company or the
said Contractor by absorption with any other body or corporation and this guarantee shall be available to or
enforceable by such body or corporation.
Our guarantee shall remain in force until................. Unless a claim or demand is made within six months
after the expiry of the above date, all the Company‟s rights under the guarantee shall be deemed as
waived/forfeited and we shall be relieved and discharged from all liabilities there under. Notwithstanding
anything contained hereinbefore, our liability under this guarantee shall be limited to an amount not
exceeding Rs.................... (Rupees.............................. only).
Any notice by way of request, demand or otherwise hereunder may be sent by post to the Bank addressed as
aforesaid and if sent by post, it shall be deemed to have been given at the time when it would be delivered in
due course of post and in proving such notice when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and certificate signed by an officer of the Company that the
envelope was so posted shall be conclusive.
Disputes/differences, if any, relating to or arising out of this Bank Guarantee, shall be settled by courts
having jurisdiction over Udyogamandal, in Kerala State, where the registered office of the company is
situated and no other court shall have jurisdiction in the matter.
Any notice by way of request, demand or otherwise hereunder may be sent by post or submitted to the bank
addressed as aforesaid or any local branch of the bank in Ernakulam District/ Kerala State.
We........................................ Bank lastly undertakes not to revoke this guarantee during its currency except
with the previous consent of the Company in writing.
Dated this..................... day of ................................Two thousand and Twenty Two.
For (Name of Bank) :
Authorised Official :
Name :
Designation :
Place:
Full address of the Branch issuing this guarantee:
ANNEXURE-XI
AGREEMENT
(Proforma of Agreement to be executed in Rs 200/- Non Judicial stamp paper)
ARTICLES OF AGREEMENT made this day the …. Between THE FERTILISERS AND CHEMICALS
TRAVANCORE LIMITED, a Company registered under the Travancore Companies ACT IV of 1114 (Malayalam
Era) and having its registered office at Eloor, Udyogamandal P O Ernakulam District, Kerala State(hereinafter
called the FACT) on the one part and M/s…. (hereinafter called the Contractor) which expression shall where the
context so admits or applies be deemed to include their heirs, executors, administrators, successors interest and
legal representatives as well) on the other part.
WHEREAS the Contractor has agreed with M/s FACT for the due performance of work as set forth in the Work
Order No. dt… and accompaniments upon the terms and conditions therein mentioned as accepted vide their
endorsements in the aforesaid work order.
NOW THESE PRESENT WITNESS THAT in consideration of the payments to be made by M/s FACT mentioned
in the aforesaid Work Order no………. dt……….. and accompaniments thereunto the Contractor shall duly
perform the said works, fulfil and keep all conditions in the work order which will be deemed and taken to be part
of this contracts as if the same had been fully set-out herein and FACT hereby agree that if the Contractor shall
duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions, FACT
will pay to the Contractor at the time and in the manner set forth in the aforesaid work order and in the Annexure
thereunto as accepted by Contractor vide his endorsement in the aforesaid work order, the amount or amounts
calculated at the rate mentioned and as per terms stipulated therein as payment for the work. This agreement shall
be in force up to …
THE SAID CONDITIONS shall be read and construed as forming part of this Agreement and the parties thereto
will respectively abide by and submit themselves to the conditions and stipulations and perform the agreement on
their parts respectively.
UPON THE TERMS AND CONDITIONS of this Agreements being fulfilled and performed to the satisfaction of
Officer of the Company empowered by the Company in this behalf, the Security Deposit remitted by the Contractor
or such position thereof as he may be entitled to under the said condition shall be returned to the contractor.
IN WITNESS thereof the Contractor, M/s…. and The Sr. Manager Purchase(TS) of M/s The Fertilisers and
Chemicals Travancore Ltd, For and on behalf of the Company have hereunto set their hands this day and year first
above written.
For
In the presence of witnesses:
1.
2.