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RASHTRIYA CHEMICALS AND FERTILIZERS LTD.

MARKETING DIVISION
TENDER NO: RCF/MKTG/IET/Bio-fertilizers/16-17
Tender For
SUPPLY OF BIOFERTILIZERS FOR
MARKETING IN DIFFERENT STATES.
Application form complete in all respects along with all documents should reach
RASHTRIYA CHEMICALS AND FERTILIZERS LTD.
Fertilizer Marketing Division 8th floor
"Priyadarshini", Eastern Express Highway
Sion, Mumbai 400 022.
By (last date & time for submission of application)

: 30.06.2016: 02.00 pm

PreBid meeting

: 23.06.2016: 03.00pm

Date of opening

: 30.06.2016: 02.30 pm

Bids received after the closing date & time will not be considered. RCF is not responsible for
bids received late for any reasons whatsoever.
Prebid meeting is schedule on 23.06.2016 at 03.00 PM, to discuss any issue /queries
/clarification, required from RCF.
Sealed tenders are invited for supply of Biofertilizers as per FCO specification for marketing
in different states , for period of 15 months from manufacturers of Biofertilizers as per FCO
specification. The tender is for supply of states wise total approximate quantity of 100 MTs
of Biofertilizers in different states, as per FCO grade, specification enclosed.

I.

INSTRUCTIONS FOR SUBMISSION AND OPENING OF TENDER SUBMISSION OF


DOCUMENTS

The following procedure shall be adopted for the submission & opening tenders.
The sealed envelopes should be submitted as follows:
Envelope No-1:
To be superscribed Earnest Money for TENDER NO: RCF/MKTG/IET/Biofertilizers /16-17 & should contain the proof by way of UTR Number of having
deposited Earnest Money (EMD) to be deposited in RCF bank account no
30038339413 in State Bank of India, Fort Branch, Mumbai (Branch code
06070 Bank IFSC code SBIN0006070). The earnest money deposit furnished
by tenderer will not carry any interest. No other form of payment will be
accepted.
Envelope No-2:
To be superscribed Prequalification application & Commercial. Terms for
supply of Biofertilizers for marketing in different states should contain the
prequalification application duly filled in & ScheduleI confirming acceptance
of all terms & conditions & enclosing all the relevant documents with
signature & seal of authorized signatory as stipulated in our tender
documents. Photocopy of the original price bid with prices blanked should be
submitted along with technical and unpriced bid.
Envelope No-3:
To be superscribed Price bid for supply of BIOFERTILIZERS for marketing in
different states & should contain the ScheduleII i.e. price bid duly filled in
with signature & seal of authorized signatory.
NOTE

: All the above three envelopes shall be submitted in one cover.

OPENING OF TENDER
Envelope No-1: Will be opened first at the appointed time on the date of opening.
Envelope No-2: Will be opened only after verifying that Earnest Money Deposit is in
order.
Envelope No-3: Will be opened only of prequalified parties at the appointed day & time. The
date of opening will be informed to the parties by giving three days notice. The envelope of
nonprequalified parties will be returned unopened.
The representative of the tenderers attending the opening of tenders should have the
necessary authorization and should be in a position to give clarification and / or
confirmation on any action on any commercial / technical points.

II.
1.

GENERAL INSTRUCTIONS TO THE TENDERER

2.

Techno commercial evaluation will depend on the competence of the party to


manufacture & supply of Biofertilizers , based on documents / information
submitted by the tenderer and as assessed by M/s. Rashtriya Chemicals &
Fertilizers Limited. (RCF), at their sole discretion. Techno commercial evaluation
does not guarantee for placement of orders. Orders will be placed based on
successful completion of Techno commercial bid followed by the price bid &
award of contract.
Price bids of all prequalified parties will be opened.

3.

Only if felt necessary, negotiations will be held.

4.

Please fill in the application form issued and given in the tender.

5.

Please read terms & conditions carefully given in AnnexureA and in schedule I.
All the pages in the annexure A and scheduleI are to be signed and stamped by
authorized signatory as a token of acceptance of terms and conditions of the
tender and submitted as per the instructions of submission of documents.

6.

Please enclose one copy of terms & conditions (AnnexureA) duly signed &
stamped confirming the acceptance of all terms & conditions.

7.

RCF will not be responsible for loss/nonreceipt or delayed application sent by


post.

8.

Incomplete tenders or tenders not accompanied with required documents or are


received late will be summarily rejected. RCF's decision will be conclusive and
binding in this regard.

9.

The application format is nontransferable.

10.

List of approved bank is enclosed.

11.

Proforma of Solvency Certificate, Bank Guarantee and Agreement is enclosed in


the Tender Document.

12.

States wise quantity, EMD , Solvency and experience required is as


Annexure-I given in the Tender Document

per

III.

PRE-QUALIFICATION CRITERIA
The prequalifying criteria for tenderers are:

1. Only manufacturers of Biofertilizers are eligible to participate in this tender. The


manufacture should have valid manufacturing license under FCO for Biofertilizers .
2. The manufacturer should have necessary permission from State Department of
Agriculture for marketing of Bio-fertilizers in the states s in which the manufacturer
is participating in the tender.
3. Requirement of EMD, Experience, solvency certificate and average financial turnover
as per details given below.
For a supplier (party) participating/quoting for more than one states /product, the
applicability of prequalification parameters i.e. EMD, Experience, Solvency, average
financial turnover required for prequalification will be the total of these parameter
values/quantities applicable for all quoted states .
If the supplier does not fulfill the total value/quantities on all the prequalification
parameters for all the states /product he has participated/quoted for, then the party
will be disqualified for all the states /product he has participated/quoted.
a) Experience required for each States is as follows:
Sr.no.

States

U.P

Bihar

W.B

Haryana

Punjab

Biofertilizer

Estimated
Quantity
in MTs

Phosphate solubilizing
bacteria for phosphate
solubilisation
Phosphate solubilizing
bacteria for phosphate
solubilisation
Azotobacter spp. for
nitrogen fixation
Rhizobium spp. for
nitrogen fixation
Azotobacter spp. for
nitrogen fixation
Phosphate solubilizing
bacteria for phosphate
solubilisation
Rhizobium spp. for
nitrogen fixation
Azotobacter spp. for
nitrogen fixation
Phosphate solubilizing
bacteria for phosphate
solubilisation
Total

Manufacturer should have manufactured any


quantities of Bio-fertilizers mentioned in the
the last seven years
I
II
Minimum quantity
Minimum
quantity
manufactured
in
manufactured in each
each of any three
of any 2 years out of
years out of last
last seven years
seven years.

one of the following


columns I or II or III in

25

10 MTs each year in


any three years

12.50 MTs each year in


any two years

20 MTs in any one


year

25

10 MTs each year in


any three years

12.50 MTs each year in


any two years

20 MTs in any one


year

25

10 MTs each year in


any three years

12.50 MTs each year in


any two years

20 MTs in any one


year

2.5

1 MTs each year in


any three years

1.25 MTs each year in


any two years

2 MTs in any one


year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

2.5

1 MTs each year in


any three years

1.25 MTs each year in


any two years

2 MTs in any one


year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

5
100.00

III
Minimum
quantity
manufactured in any
one year out of last 7
years

Note: Certificate from Auditors has to be attached indicating year wise quantity
manufactured during last seven years.

b) The tenderer should submit valid Solvency certificate from scheduled bank for states
wise minimum value as below
States

U.P

2
3

Bihar
W.B

Haryana

Punjab

Biofertilizer

Phosphate solubilizing bacteria for


phosphate solubilisation
Phosphate solubilizing bacteria for
phosphate solubilisation
Azotobacter spp. for nitrogen fixation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for
phosphate solubilisation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for
phosphate solubilisation
Total

Solvency
Rs. Lakh
6.50
6.50
6.50
0.65
1.30
1.30
0.65
1.30
1.30
26.00

Solvency Certificate should have been issued after release of press advertisement of subject
tender or should be issued during current financial year or issued before date of
advertisement but valid till date of submission of tender (format of solvency certificate is
given in tender document).

c) Average annual financial turnover during last 3 years, ending 31st March of the
previous financial year, should be as per the value mentioned in table below for
respective tender.
States

U.P

2
3

Bihar
W.B

Haryana

Punjab

Biofertilizer

Phosphate solubilizing bacteria for


phosphate solubilisation
Phosphate solubilizing bacteria for
phosphate solubilisation
Azotobacter spp. for nitrogen fixation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for
phosphate solubilisation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for
phosphate solubilisation
Total

Average Annual
financial
turnover
required in last
three years (Rs.
Lakh)
9.75
9.75
9.75
0.98
1.95
1.95
0.98
1.95
1.95
39.00

d) States wise EMD should be as per the value mentioned in table below for respective
states.

States

Est contract value Rs.

EMD Rs.

Upto 10 Lakhs

Nil

Above 10 & upto 25 lakhs

20000

Above 25 & upto 50 lakhs

30000

Above 50 & upto 100 lakhs

50000

Above 100 & upto 200 lakhs

100000

Above 200 & upto 500 lakhs

300000

above 500 lakhs

500000

Biofertilizer

Contract
value
(Lakh Rs.)

Qty
(MT's)
1

U.P

2
3

Bihar
W.B

Haryana

Punjab

Phosphate solubilizing bacteria for


phosphate solubilisation
Phosphate solubilizing bacteria for
phosphate solubilisation
Azotobacter spp. for nitrogen fixation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for
phosphate solubilisation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for
phosphate solubilisation
Total

EMD (Rs.)

25

32.50

30000

25
25
2.5
5

32.50
32.50
3.25
6.50

30000
30000
nil
nil

5
2.5
5

6.50
3.25
6.50

nil
nil
nil

5
100.00

6.50
130.00

nil

Example: Illustration purpose only


If party is quoting for Haryana Rhizobium spp., EMD is Nil
If the party is quoting for Entire Haryana the EMD will be Rs.20000
Contract
value
QTY
(Lakh
EMD
Dist
Mts
Rs.)
RS
Haryana
12.5
16.25 20000
If party is quoting for all states EMD is Rs.100000.
Contract
value
(Lakh
EMD
Total qty
Rs.)
Rs.
100
130
100000

As referred on page no.4 point no III . 3 of prequalification criteria of this NIT.

4. The tender should be accompanied with all the requisite documents as indicated in
the application and summarized below.

LIST OF DOCUMENTS TO BE SUBMITTED ALONG WITH THE TENDER.


Application should be enclosed with the following documents & flagged the document with
nos. as

IV.

Certified copies of partnership deed/memorandum & articles of Association/Bye


laws/certificate of registration as the case may be.
--- Document No. 1
Copy of manufacturing license of Biofertilizers
Document No. 2
Experience:Auditors certificate indicating year wise Biofertilizers
quantity
manufactured during last seven years.
Document No. 3
Necessary permission from Department of Agriculture in the state in which the
tenderer
is
participating
for
marketing
of
Biofertilizers
Document No. 4
Proof of PAN Number
--- Document No. 5
Copy of Accounts duly audited for last three financial year
Document No. 6
Copy of VAT no.
--- Document No. 7
Copy of TIN no.
Document No. 8
Bank details for Electronic payments
---Document No. 9
Photocopy of the original price bid with prices blanked
Document No. 10
Solvency Certificate(as per prequalification criteria no3b)
Document No. 11
Income tax return acknowledgement for last 3 financial years Document No. 12
MSME certificate (If applicable)
----- Document No. 13

EVALUATION CRITERIA.

The Lowest price offered by the intending supplier will be the basis to arrive at L1, however
the orders will be placed based on market condition& offer by competitors .if required the
negotiation with L1 party will be conducted
In the event of more than one supplier offers his terms in the same states /market, then the
supplier whose offered price is less will be selected for that states /market. Also, if the
entire quantity for that states /market is not covered by L1 supplier, then L1 suppliers price
will be offered to L2, L3 etc. The suppliers who match the L1 price will be allotted the
balance quantity of that states /market.
Manufacturers are required to indicate quantities offered.
Please note that in the event of any changes in statutory charges, MRPs by GOI/supplier
Company, the differential amount will be adjusted accordingly, including unsold stock at
that point of time.

(To be given on Partys Letter Head)

To
CHIEF MANAGER (IET),
Rashtriya Chemicals & Fertilizers Ltd.
Priyadarshini, 8th Floor,
Eastern Express Highway,
Mumbai- 400022.

Dear Sir,
Subject: Application for prequalification for supply of Biofertilizers in different states .
I / We hereby submit our application along with Annexure A duly signed by me / us.
I / We have read instructions & terms / conditions given in Annexure A & agree to abide by
all the terms & conditions.

Yours faithfully,
(Signature & Seal)
(Proprietor / Authorized Signatory)

Encl:

Duly Filled application form for prequalification

AnnexureA .. Terms & Conditions. (Signed under seal)

List of documents enclosed. (Only as per instructions given in Sr. No: III (4) of,
instructions for submission and opening of tender).

APPLICATION FORM
Pre-qualification for Supply of Bio-fertilizers different states
(Please read instructions / terms & conditions given herewith carefully)
(Strike off whichever is not applicable)
1.

GENERAL

1. Name , address & Email Id of the firm: __________________________________


__________________________________
__________________________________
2. Office Telephone No

__________________________________

3. Office Fax No

__________________________________

4. Year of establishment

__________________________________

5. Constitution of the firm

Proprietorship/Partnership/Pvt.ltd.
Co/Public Ltd. Co /Cooperative

(enclose certified copies of the documents i.e. Partnership deed/ Articles of


association/Memorandum of association/Byelaws, certificate of registration etc. as
applicable)
Document No.1
6. Copy of manufacturing License.

Document no.2

7. Auditors certificate stating year wise quantity of Biofertilizers manufactured during


last seven years.

Document no. 3

8. Permission from Department of Agriculture for marketing of Biofertilizers in


state of supply.

Document no. 4

9. Name of the contact person

10. Phone No of contact person

__________________________________

a. Office

__________________________________

b. Residence

__________________________________

c.

__________________________________

Mobile

the

11. Name & address of your unit/units:

__________________________________
__________________________________
__________________________________
10

12. Licensed capacity (unit wise):

________________________________
________________________________
________________________________

13. Unitswise states of operation at present: ________________________________


14. Total Quantity Offered :

1
2
3

state
U.P
Bihar
W.B

Haryana

Punjab

Qty
Offered(MT's)

Bio-fertilizer

Phosphate solubilizing bacteria for phosphate solubilisation


Phosphate solubilizing bacteria for phosphate solubilisation
Azotobacter spp. for nitrogen fixation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for phosphate solubilisation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
Phosphate solubilizing bacteria for phosphate solubilisation

Note:1MTS=1000 Lts

15. Facility for inspection of material at


Each of the above units.
YES /NO.
If No., explain the methodology of inspection. ____________________________
____________________________
16. List of third party inspection agencies:
Available near each unit.

____________________________
____________________________

17. Financial Details


a. Income Tax Pan Number of the Firm:

___________________________

(Please enclose copy of allotment of PAN Number)

-- Document No: 5

b. Financial details from printed accounts of the tenderer.


(Please enclose copies of audited accounts)
SL.
NO

YEAR

201213

201314

201415

Turnover
(In Lakh Rs.)

PROFIT / LOSS
(In Lakh Rs.)

-- Document No: 6
Total Biofertilizers Production MTs

For Biofertilizers production figures attach copy which is certified by the Auditor who has
certified the Accounts.
c. VAT no. __________ (enclose duly attested copy of allotment of VAT no.)
-- Document No. 7
11

d. TIN no. ___________ (enclose duly attested copy of allotment of TIN no.)
--Document No. 8
e. Bank details for Electronic payments

--Document No. 9

f. Photocopy of the original price bid with prices blanked

--Document No.10

g. Solvency Certificate (as per prequalification criteria no 4b)

--Document No.11

h. Income tax return acknowledgement for last 3 financial years Document No. 12
i. MSME certificate (If applicable)
----- Document No. 13

18. List of Partners / Directors.


SL.
NO

FULL NAME OF THE PARTNER / DIRECTOR

I / We herby solemnly declare that the proprietor/Partner/Director of this


Firm/Company mentioned at Sl.No.s is/are common/not common (Strike off
whichever is not applicable) with any other firm/Company, who has applied for
prequalification

against

same

advertisement.

In

case

of

common

proprietor/Partner/Director in other firm who has also applied for prequalification


against same advertisement, please mention the name of firm/firms.

I/WE certify that all information furnished by me / us is correct & true and in the
event that the information given is found to be incorrect / untrue, RCF reserves the
right to disqualify us without giving any notice or reason thereof.

(Signature & Seal)


(Proprietor/ Authorised Signatory)
************************
12

Annexure I
State wise quantity, Solvency, turnover and experience required is as follows:States

Biofertilizer

Estimated Solvency Average


Qty in
Rs. Lakh financial EMD
MTs
turnover (Rs.)
required
Rs. Lakh

Phosphate solubilizing bacteria for phosphate


solubilisation
Phosphate solubilizing bacteria for phosphate
solubilisation
2 Bihar
Azotobacter spp. for nitrogen fixation
3 W.B
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
4 Haryana Phosphate solubilizing bacteria for phosphate
solubilisation
Rhizobium spp. for nitrogen fixation
Azotobacter spp. for nitrogen fixation
5 Punjab
Phosphate solubilizing bacteria for phosphate
solubilisation
Total
1

U.P

25

6.50

9.75

30000

25
25
2.5
5

6.50
6.50
0.65
1.30

9.75
9.75
0.98
1.95

30000
30000
nil
nil

5
2.5
5

1.30
0.65
1.30

1.95
0.98
1.95

nil
nil
nil

5
100.00

1.30
26.00

1.95
39.00

nil

Note: Security Deposit will be 10 % of contract value


Experience required for each State is as follows:
Sr.no.

States

U.P

Bihar

W.B

Haryana

Punjab

Biofertilizer

Estimated
Quantity
in MTs

Phosphate solubilizing
bacteria for phosphate
solubilisation
Phosphate solubilizing
bacteria for phosphate
solubilisation
Azotobacter spp. for
nitrogen fixation
Rhizobium spp. for
nitrogen fixation
Azotobacter spp. for
nitrogen fixation
Phosphate solubilizing
bacteria for phosphate
solubilisation
Rhizobium spp. for
nitrogen fixation
Azotobacter spp. for
nitrogen fixation
Phosphate solubilizing
bacteria for phosphate
solubilisation
Total

Manufacturer should have manufactured any one of the following


quantities of Bio-fertilizers mentioned in the columns I or II or III in the
last seven years
I
II
III
Minimum quantity
Minimum
quantity Minimum
quantity
manufactured
in
manufactured in each manufactured in any
each of any three
of any 2 years out of one year out of last 7
years out of last
last seven years
years
seven years.

25

10 MTs each year in


any three years

12.50 MTs each year in


any two years

20 MTs in any one


year

25

10 MTs each year in


any three years

12.50 MTs each year in


any two years

20 MTs in any one


year

25

10 MTs each year in


any three years

12.50 MTs each year in


any two years

20 MTs in any one


year

2.5

1 MTs each year in


any three years

1.25 MTs each year in


any two years

2 MTs in any one


year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

2.5

1 MTs each year in


any three years

1.25 MTs each year in


any two years

2 MTs in any one


year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

2 MTs each year in


any three years

2.5 MTs each year in


any two years

4 MTs in any one year

5
100.00

Note: Certificate from Auditors has to be attached indicating the year wise Biofertilizers
quantity manufactured during last seven years.
13

Annexure - A.
TERMS & CONDITIONS.
1. RCF Ltd reserves the right to call tenders from other parties in addition to the pre
qualified parties under certain situation such as cartelization or number of pre
qualified parties is less, price bids received are less or quoted rates are high or under
any such circumstances which are detrimental to the interest of RCF Ltd at its sole
discretion. Further RCF reserves the right to add any number of parties & anytime, to
the prequalified empanelment.
2. Mere submission of all documents will not necessarily prequalify manufacturer.
Worthiness assessed by the company will be final & binding on the applicant.
3. Prequalified parties will update documents from time to time such as income tax
return acknowledgement etc.
4. If any information given is found to be untrue, RCF reserves the right to disqualify
the party from panel without any notice or assigning any reason thereof.
5. Terms & conditions of each supply will be stipulated in tender document (NIT)
separately.
6. All disputes & 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 NIT or any other matter relating to finalization of contract are
to be referred to the sole arbitrator to be nominated by the General Manager
(Marketing) of the company. The award shall be binding on both the parties &
jurisdiction shall be Mumbai under Indian Conciliation & Arbitration Act of 1996.
7. In any of the tender, if the empanelled manufacturer withdraws / revises / revokes
or shows unwillingness to keep valid his offer for the entire stipulated period given in
NIT, the contractor is liable for delisting from the panel of prequalified
manufacturers & also will not be eligible for immediate next empanelment for a
minimum period of two years.

(Signature & Seal)


Proprietor / Authorised Signatory)
************************
14

Party's Letter Head


Date:
To,
CHIEF MANAGER (I.E.T),
Rashtriya Chemicals & Fertilizers Ltd.
Priyadarshini, 8th Floor,
Eastern Express Highway,
Mumbai-400022.
Subject:-Tender for supply of Bio-fertilizers for marketing by RCF in Different States
Dear Sir,
I/We hereby submit a Schedule of Rates (ScheduleII) filled in and sealed.
I/We have gone through the tender documents, terms and conditions and satisfied myself /
ourselves regarding scope of work and other requirements of the job as specified in the pre
qualification and schedule I of the tender. I agree to abide by the terms and conditions
therein and agree that they will form a part of the contract if awarded.
I/ We have already agreed to the terms and conditions given along with application for
empanelment (AnnexureA). These will also form part of the contract, if awarded.

Thanking you,

Yours faithfully,

(Signature of the Tenderer)


Affix Rubber Stamp
STATUS (Capacity in which signatory is signing)
Encl: 1. ScheduleI NIT duly signed by tenderer at each page.
2. ScheduleII (Schedule of Rates) duly filled in and sealed in envelope.
3. List of other documents attached.

15

RASHTRIYA CHEMICALS & FERTILIZERS LIMITED


Priyadarshini, 8th Floor,
Eastern Express Highway, Sion
Mumbai 400022.

TENDER NO: RCF/MKTG/IET/Bio-fertilizers /16-17

1. This tender document is for supply of Biofertilizers for marketing in RCF brand in
different states .
2. All pages of tender document should be signed.
3. One copy of tender document to be retained by tenderer. One set of scheduleI and
one set of scheduleII, hereof to be submitted to RCF.
4. This tender document is nontransferable.
5. Proforma of solvency certificate, BG & Agreement is enclosed.
6. Estimated Tender quantity, EMD, Solvency and Experience required is as per the
Annexure I of this Tender document.

Chief Manager (IET)

16

SCHEDULEI

RASHTRIYA CHEMICALS AND FERTILIZERS LIMITED


Priyadarshini, 8th Floor,
Eastern Express Highway, Sion
Mumbai-400022.
TENDER NO: RCF/MKTG/IET/Bio-fertilizers/16-17

GENERAL TERMS AND CONDITIONS OF CONTRACT


1.00

SCOPE
Rashtriya Chemicals & Fertilizers Ltd, Mumbai invites sealed tenders for supply of
Biofertilizers from manufacturers with single or multiunit production facilities to
be marketed in different states in packing of 100/250/500/1000ml, each. The
product will be marketed in RCF brand name. The contract involves supplying Bio
fertilizers to RCF dealers, without use of hooks and transportation, to various
destinations in different states on FOR basis.
Supplier has to supply the material on FOR basis to various dealers in different
states. Supplier can deliver the material directly by road from his manufacturing unit.
If supplier supplies the material by rail then the rake handling charges and further
transportation charges from rake point to dealer along with incidental charges will
be borne by the supplier
The bidder has to quote price to RCF, excluding applicable taxes which is to be
quoted separately. However evaluation of L1 will be based on actual cost to RCF
inclusive of applicable VAT/CST & set off if any.

1.01

The successful supplier shall ensure that the goods are delivered within 7 days from
the date of placing of order by RCF. The supply of Bio fertilizers shall be made in in
packing of 100/250/500/1000ml in conformity with the standard norms laid down
for supply of Bio-fertilizers under FCO. The packing shall be arranged by the
supplier.Legal metrology adherence in case of packing in RCF brand is sole
responsibility of supplier. Cost of packing should be borne by the supplier. Packings
are to be printed only after firm commitment from RCF.
The Supplier will be responsible for obtaining necessary DOA permissions for
marketing tie-ups in the states .
In case of damaged material, the supplier will have to replace the goods at his risk &
cost.
In case of shortage of material supplied, the amount to the extent of shortage and
purchased would be deducted from the payment of the supplier.

1.02

Quality
17

The Bio fertilizers should be in conformity of the specifications laid down in Fertilizer
Control Order (FCO), inspected by any agency or company or otherwise. The supplier
shall be solely responsible for the quality of Bio-fertilizers . The product so supplied
shall be inspected in order to adhere to the norms laid down in FCO. Representatives
of third party inspection agency appointed by the Company and / or Officials from
the company shall be checking the quality of Bio-fertilizers on regular basis. The
company has full right to reject the entire consignment so ready for dispatch and/or
received in the field and / or at the unit of the Supplier for any deviations in quality
as detected by third party inspection agency appointed by the Company / any State /
Central quality inspection authority. The supplier shall confirm the specifications/
norms specified in FCO for each and every consignment. Any failure and subsequent
consequences thereof shall be to the account of supplier. All expenses related to
litigation in case of sample failure will be on suppliers account. The third party
inspection charges will be borne by the supplier.
2.00

DEFINITION

2.01

The "Company" shall mean "Rashtriya Chemicals & Fertilizers Limited", Having its
Registered Office at "Priyadarshini", Eastern Express Highway, Sion, Mumbai400022
(which expression shall unless repugnant to the context meaning thereof, include
its successors and assigns).

2.02

General Manager (Marketing)" shall mean the Officer in Administrative charge of the
Fertilizer Division of Rashtriya Chemicals & Fertilizers Ltd.

2.03

States Incharge, shall mean the Officer in administrative charge of concern Office,
RCF Ltd.

3.00

SUBMISSION OF TENDERS

3.01

The tenderer, after studying all tender documents carefully shall submit the tender.
The tenderer shall acquaint himself/themselves fully and thoroughly with Company
and its marketing territory, terms, conditions and limitations including the Scope,
requirement and official / statutory regulations conforming to which and subject to
which the job is to be performed. Submission of tender implies that the tenderer
has obtained all the clarifications required by him / them. No claim on ground of
want of knowledge in such respect will be entertained. Failure to comply with the
above mentioned requirements will not absolve the tenderers of their obligations
and duties under the contract in the event of their tenders are accepted. Nor any
claim whatsoever shall be entertained on the plea of ignorance/overlooking.

3.02

The Company shall have the sole and unfettered discretion to withdraw the
invitation to tenders or reject any or all tenders without assigning any reason
thereof. No correspondence / communication /compensation claim in this behalf
from tenderers shall be entertained.

3.03

The tenderer should quote lowest price to RCF in Rupees per MT in figures as well as
in words. Quoting of rates in words & figures is mandatory. In case of discrepancy in
rates quoted in words and figures, lowest of both such rates will be considered. The
18

rates shall be applicable for all destinations in the states quoted. In case the
quotation is received in more than two decimals or only in words or only in figures,
the same is liable to be rejected.
3.04

The rates quoted in the tender are to hold good for a period of 120 days from the
date of opening of the tenders. And if contract is awarded, RCFs price will be valid
for the entire period of contract inclusive of extension/extensions. No tenderer can
withdraw his tender or revoke or revise the RCFs rate within the aforesaid period of
four months and If the tenderer withdraws / revises / revokes OR shows
unwillingness to conform with his offer, the tenderer is liable for delisting from the
current panel of prequalified suppliers and will also not be eligible for immediate
next empanelment for a minimum period of two years. The tenderer may change the
terms of supply during the course of contract to meet the market needs. However,
RCFs price will be valid for the entire period of contract inclusive of
extension/extensions.

3.05

If the tender submitted is not in the name of any individual, the tenderer shall
disclose the nature, constitution and registration of the tendering firm and the
tender shall be signed by a person or persons duly authorized to do so by means of a
legally valid documents which, or a duly certified copy of the same, shall be attached
with the tender.

3.06

Service of Notice of Contract


The suppliers shall furnish the name, designation and address of his authorized
agent. All complaints, notice, communications and references shall be deemed to
have been duly given to the supplier if delivered to the supplier or his authorized
agent or left at or posted to the address so given and shall be deemed to have been
so given in the case of posting on the day on which they should reach such address in
the ordinary course of post or on the day on which they were so delivered or left. In
the case of contract by partners, any change in the constitution of its firm shall be
forthwith notified by the supplier to the company and it will not affect the validity of
the contract. In the event of refusal to accept any communication/notice/
complaints/references OR failure on the part of authorized agent to be present at
RCF Mumbai / RCF office in the states of operation, whenever called for
telephonically also, notice of contract shall be deemed as served.

3.07

Commencement of Work
The Supplier shall start the supply on completion of formalities pertaining to
Agreement within the stipulated period, on receipt of Purchase Order. However, if
the supplier fails to start supply within 15 (Fifteen) days from the stipulated day (the
date of acceptance of Purchase order by the Supplier) as stated above, he will not be
allowed to work during the period of contract.

19

4.00

EMD

4.01

Tenderer should make a deposit towards EMD (value as per Annexure I of this
Tender Document). Earnest Money shall be accepted as per instructions given in the
Tender document. Tenders not accompanied by earnest money, are liable to be
rejected. No interest shall be payable on the earnest money deposit. The earnest
money deposit will be refunded to the unsuccessful tenderer/s within a period of
three months from the date of awarding the contract.

4.02. If for any reason whatsoever any tenderer withdraws from the tender at any time
prior to expiry of the validity period or after issue of Letter of Intent for purchase
order, fails or refuses to execute the order or furnish Security Deposit for faithful
performance of the contract within the stipulated time, the earnest money deposit is
liable to be forfeited.
Government of India Undertakings, Small Scale Industries Registered under single
point registration with National Small Scale Industries Corporation and RCF Ancillary
Units are exempted from the payment of Earnest Money Deposit.
5.00

SECURITY DEPOSIT / PERFORMANCE GUARANTEE

5.01

Upon the Company's intimation of acceptance of tender, the successful tenderer


shall within stipulated date mentioned in the work order, deposit with RCF Ltd,
Mumbai interest free Security Deposit @10% of contract value, for due and faithful
performance of the contract either by Demand Draft payable at Concern State office
or in the form of Bank Guarantee from one of the bank approved by the company as
per list attached in the proforma prescribed by the Company. The earnest money
deposit shall be forfeited in case the above cited Security Deposit is not furnished to
company within 15 days from the date of intimation of the acceptance of offer /issue
of letter of intent. The Material supplier whose EMD is forfeited is liable for delisting
from current panels of pre qualified Supplier. The Company shall reserve in such an
event, the right to accept any tender, which is considered suitable and the Company
shall be entitled without prejudice to any other rights, to claim from the supplier all
losses caused to or suffered by the Company.

5.02

The Security Deposit furnished by the supplier shall not carry any interest. The
validity of security deposit should be upto six months after the expiry of contract.

5.03

The Security Deposit shall remain at the entire disposal of the Company, as a security
for the satisfactory execution and completion of the work in accordance with the
terms and conditions of the contract. The Company shall be at liberty to deduct and
appropriate from the security deposit any losses, damages, penalties and dues as
may be payable by the supplier under the contract and the amount by which the
security deposit is reduced by such appropriation will be made good by further
deduction from the supplier's subsequent interim bills until the security deposit is
restored to its full limit mentioned above.

20

5.04

If the supplier had previously held any contract and furnished security deposit with
the Company, the same shall not be adjusted against this tender and a fresh security
deposit will be required to be furnished.

5.05

On satisfactory performance and completion of the contract in all respects and


upon return in good condition of any property belonging to the Company which
may have been issued to the contractor the Security Deposit will be returned to
the supplier without any interest on presentation of NO DEMAND CERTIFICATE from
Chief Manager (I.E.T)

6.00

VALIDITY OF TENDERS

6.01

Any tender
Which varies from our terms & conditions or stipulates counter conditions, OR
Which fails to provide required information or is otherwise incomplete is liable to
be rejected.

6.02
i.

The acceptance of tender will rest with the company, which does not bind itself to
accept the lowest tender and reserves to itself the right.
To reject any or all tenders.

ii.

To split up work amongst two or more tenderers.


The lowest price offered by the intending supplier will be the basis to arrive at L1,
however the orders will be placed based on market condition& offer by competitors
.if required the negotiation with L1 party will be conducted.
In the event of more than one supplier offers his terms in the same states /market,
then the supplier whose offered price is less will be selected for that states /market.
Also, if the entire quantity for that states /market is not covered by L1 supplier, then
L1 suppliers price will be offered to L2, L3 etc. The suppliers who match the L1 price
will be allotted the balance quantity of that states /market.
RCF reserves the right to split this tender in whole or in part at its sole discretion
without assigning any reason whatsoever. RCF does not guarantee any minimum
quantum of work during the tenure of the contract.

iii.

To award the work in part and not in its entirety, if considered expedient, without
assigning any reason or giving any explanation thereof.

iv.

To negotiate with one or more tenderers for revision of rates downwards if the
company feels that rates so received are not appropriate.

v.

To reject the tender on the basis of unsatisfactory performance of the tenderer in


subject or previous contract with the company.

vi.

To reject the tender of delisted tenderer by any other company due


unsatisfactory performance, forfeiture of EMD or any other similar reason.

to

21

vii.

When tenders are received from any proprietorship/firm/companies having the


same Proprietor or one or more Partners/directors in the business organization of
any other party (hereinafter called common firms), such tenders shall be considered
as 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.

viii.

When tenders are received from any Proprietorship /firms/companies, having one or
more common business facilities such as Telephone, fax, emblem, address etc. shall
be considered as having been received from only one tenderer in different names
and the acceptable quotation of such common firm shall be considered from the
prequalified list.

7.00

PERIOD OF CONTRACT
The contract will be for period of 15 months from the date of award of contract.
However, the Company will be entitled to terminate the contract without assigning
any reasons by giving 7 (Seven) days notice. It is further agreed that the Company
may delist the Supplier from the current panel of prequalified suppliers and will
also not be eligible for immediate next empanelment for a minimum period of two
years on refusal/failures of the Supplier to work as promised herein above.

8.00

PERFORMANCE/TERMINATION OF THE CONTRACT


If the supplier is unable or fails or neglects to execute the work covered by the
contract, any loss incurred by the Company in this respect will be on supplier's
account Chief Manager(I.E.T), / State Incharge in charge of operations in the states
in which the tenderer is executing the contract or his authorized representative at
his entire discretion may also terminate the contract in part or in full after giving 7
(seven) days' notice in writing to the supplier, if in his opinion, the work under the
contract is not being done to his satisfaction in accordance with the terms and
conditions of the contract, Chief Manager(I.E.T) or his authorized representative will
have the right, in such an event, to get the job done by a third party in part or full at
the risk and cost of the supplier.
In case it is found that any information furnished by the supplier is false or incorrect,
Chief Manager (I.E.T) / State Incharge or his authorized representative at his entire
discretion, may terminate the contract without giving any notice.

9.00

Insolvency or inability to perform contract satisfactorily


Should the supplier's preparation for the commencement of work or any portion of
it, or his subsequent rate of progress be, for any cause whatsoever, go slow in the
opinion of the Chief Manager(I.E.T), RCF or State Incharge or any other designated
authority (which shall be inclusive) that the supplier will be unable to complete the
work or any portion thereof, as agreed upon or should be neglected to comply
with any directions given to him by the Company or in any respect fail to perform
the contract, the Company shall have power to declare the contract to have come to
an end, in which case the supplier shall be liable for any expenses, loss or damage
which the Company may incur, or sustain by reason of or in connection with the
supplier's default.

22

10.00 VOLUME OF WORK


No guarantee can be given to any definite volume of work which will be entrusted to
the supplier at any time or during the contract period. Quantities indicated in the
tender are purely tentative.
11.00 Indemnity
Without prejudice to any other provisions in these conditions, the supplier shall be
bound to keep the Company or any representative or employee of the Company fully
indemnified against any action, claim or proceedings under the provisions of any
rules, regulations, byelaws, notifications, directions or order having the force of law
for anything done or omitted to be done by the supplier 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 the
Company, 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 supplier and if, the Company
has to takeover the liability, the Company shall deduct all amounts arising out of
such liabilities from the Security Deposit of the supplier or from any other amount
due and payable by the Company to the supplier under this contract or any other
contract and without prejudice to any other legal remedy available to the Company.
i) a) The supplier shall ensure to take back at their cost, substandard stock from the Dealers
for any deficiency in quality of Biofertilizers supplied by them, before it is exhibited for
sale. In the event of product being declared substandard by any law enforcing authority,
supplier shall take appropriate steps to resolve the matter under the provisions of the law
and shall defend on behalf of RCF and shall keep RCF free from any liabilities, litigations and
claims by such authorities and/or any third parties.

b) The supplier shall indemnify and always keep RCF indemnified against any and all
claims, penalties, charges, expenses and costs incurred or liable to be incurred by
RCF arising due to supply of substandard and/or offspec goods, infringement of any
laws, statutes, rules, trademarks and all other statutory violations by supplier in
respect of the goods supplied/to be supplied under this agreement.
In case of damaged / substandard / offspec material, the supplier will have to
replace the goods at its own cost.

12.00 Supplier to comply with all laws etc.


The supplier shall be responsible to ensure compliance with all Central and State
Laws as well as the Rules, Regulations, Byelaws and Orders of the Local Authorities
and Statutory Bodies as may be in force from time to time. The supplier shall give to
the statutory bodies, local authorities, police and other relevant authorities all such
notices etc. as may be required by Law and obtain all requisite licenses and pay all
fees, duties, taxes, charges etc. in connection there with as may be leviable on
account of his operations involved under this contract. The supplier shall make good
at his own cost any damage to the property of the Company or any other body,
persons, local authorities etc due to or arising from his operation involved under this
23

contract and the Company shall have the right to recover the cost of damage from
dues payable or Security Deposit of the Supplier.
13.00 Supplier to Execute Agreement:
The supplier's responsibility under this contract will commence from the date of
issue of the letter accepting the purchase order. The tender documents and the
letter of acceptance shall constitute the contract. The successful tenderer shall be
required to execute an agreement with the company, within 15 (fifteen) days of the
receipt by him of the letter of acceptance for carrying out the works according to
the general conditions of the contract as may be given in the tender documents and
special conditions of contract. The agreement to be executed will be in agreement
form of works to be specified by the Company. The provisions contained in tender
papers and other document exchanged between the tenderer and the company,
shall form part of the contract.
14.00 Delay / Failure in commencement / Completion of work:
The time shall be regarded as the essence of the contract. The material will be
supplied only on FOR basis within 7 days of receipt of order. If the supply is delayed
by the supplier beyond 7 days of receipt of order it will be considered as delay in
supply of material and entitles the company the right to exercise the following
options
a) To accept the material by levying penalty @ 0.5% per week or part thereof subject to
maximum of 5% of the Invoice value for every week of delay.
b) To treat the default as breach of contract and to terminate the contract forthwith
forfeiting the Security deposit and taking other actions as under.
The delay/failure on the part of supplier to start work on the stipulated date or
failure to supply the Biofertilizers shall entitle the Company to any of the
followings.
i) Stop further requisitions for supply of all orders, from the supplier for such
period as deemed necessary by the company.
ii) Get the material as per indent through any other party at risk and cost of
the supplier.
iii) Get the supply of Biofertilizers for balance period of the contract through
any other party at risk and cost of the supplier.
iv) To undertake any other measures deemed fit in order to supply the
material considering time as the essence of contract.
At the discretion of the company, the supplier whose part or full job has been put
under risk and cost is liable for delisting from current panels of prequalified
supplier of Biofertilizers
AND also will not be eligible for immediate next
empanelment for the minimum period of two years.
Maximum of four penalties will be levied in case of nonsupply of a particular indent.
There after the company at its discretion may take any or all steps as above as
deemed necessary by the company and the same is acceptable to the supplier.
15.00 Supplier to be liable for all taxes etc.
24

The rates specified in the tender should be exclusive of Value Added Tax but
inclusive of any other taxes, toll, duties of any kind, cess, royalty or commission in
respect of the contract. Any other taxes including any other Service tax like handling
etc., will be borne by the supplier.
The supplier shall indemnify the company against levy of any taxes etc. in regard to
this contract and in the event of company being assessed for any of said imposts on
the company shall have the right to recover the total amount so assessed from the
suppliers dues and the supplier shall be responsible for all costs and expenses that
may be incurred by the company in any proceedings for litigations in respect of the
case.

16.00 Termination of contract owing to default of supplier.


16.01 If the supplier should:
i) Become bankrupt or insolvent or
ii) Make arrangement with or assignment in favor of the creditors or agree to carry out
the contract under a committee of inspection of his creditors or
iii) Being a company or corporation, go into liquidation other than a voluntary
liquidation for the purpose of amalgamation or reconstruction or
iv) Fail to adhere to the agreed program of work or
v) Promise, offer or give any bribe, commission, gift or advantage whether himself or
through his partner, agent or to any officer or employee of company or to any
person on his or on their behalf in relation to the execution of this or any contract
with the company, then and in any of the said cause, the Chief Manager (I.E.T)/
State Incharge in charge of operations in the state in which the tenderer is executing
the contract, on behalf of the company may serve the supplier with a Notice in
writing to the effect. If the supplier does not within 7 (seven) days after the delivery
to him of such notice, proceed to make good his default, in so far as the same is
capable of being made good, and carry on the work or comply with such directions
as aforesaid to the entire satisfaction of the Chief Manager(I.E.T)/ State Incharge in
charge of operations in the state in which the tenderer is executing the contract, the
company shall be entitled after giving 48 hours notice in writing under the hand of
Chief Manager(I.E.T) / State Incharge in charge of operations in the state in which
the tenderer is executing the contract to remove the supplier from the whole or any
portion or portions (as may be specified in such notice) of the works, without
thereby avoiding the contract or releasing the supplier from any of his obligations or
liabilities under the contract, and adopt any or several of the following courses:
a) To rescind the contract, of which rescission notice in writing to the supplier
under the hand of the Chief Manager(I.E.T) / State Incharge in charge of
operations in the state in which the tenderer is executing the contract, shall
be conclusive evidence, in which case the security deposit of the supplier
shall stand forfeited to the company, without prejudice to the Companys
right to recover from the contractor any amount by which the cost of
completing the work by any other agency shall exceed the value the
contract.
25

b) To carry out the work, or any part thereof by the employment of the
required labour and materials, the cost of which shall include supervision and
all incidental charges, and to debit the supplier with such costs, the amount
of which as certified by the Chief Manager (I.E.T)/ State Incharge in charge
of operations in the state in which the tenderer is executing the contract,
shall be final and binding upon the supplier and to credit the supplier with
the value of the work done as if the work had been carried out by the
supplier under the terms of the contract and the certificate of the Chief
Manager (I.E.T)/ State Incharge in charge of operations in the state in which
the tenderer is executing the contract, supplier in respect of the amount to
be debited to the supplier shall be final and binding upon the supplier.

OR
c) To measure up the work executed by the supplier and to get the remaining
work completed by another party at the risk and expense of the supplier in
all respects in which case any expenses that may be incurred in excess of the
sum which would have been paid to the supplier if the work had been
carried out by him under the terms of the contract, the amount of which
excess as certified by the Chief Manager (I.E.T) / State Incharge in charge of
operations in the state in which the tenderer is executing the contract shall
be final and binding upon the supplier, shall be borne and paid by the
supplier and may be deducted from any money due to him by the company,
under the contract or otherwise or from his security deposit.
16.02 Matters finally determined by the Company
All disputes or differences of any kind whatever arising out of or in connection with
the contract, whether during the progress of the work or after the completion and
whether before or after the termination of the contract, shall be referred by the
supplier to the company and the company shall within a reasonable time after
presentation make and notify decisions thereon in writing. The decisions,
directions and certificates with respect to any matters, decisions, on which is
specially provided for by these conditions given and made by the company which
matters are referred to hereinafter as accepted matters shall be final conclusive and
binding upon the contractor and shall not be set aside or be attempted to be set
aside on account of any informality, omissions, delay or error in proceedings in or
about the same or on any other reason and shall be without any appeal.
17.00 SETTLEMENT OF DISPUTES
All disputes and questions, claims, rights, matters or things whatsoever in any way
arising out of or relating to the contract are to be referred to the Sole Arbitrator to
be nominated by the General Manager (Marketing) of the company. The award shall
be reasoned and shall be binding on both the parties and the jurisdiction shall be
Mumbai under Indian Conciliation and Arbitration Act 1996.
26

18.00 FORCE MAJURE


Neither the company nor the Supplier shall be considered in default in performance of
its/his obligations under this contract, if such performance is prevented/delayed due to
war, hostilities, revolution, civil commotion, lock-out, strike, go-slow, labour
disturbance, epidemic, fire, wind or any act of God such as flood, tempest, earthquake
or because of any levy, order, proclamation, regulation, ordinance of any Govt. or any
statutory authorities.
19.00 TERMS OF PAYMENT
RCF will make payment of bills to the Suppliers after submission of the bills along
with necessary acknowledgement of delivery document & after 45 days credit
period.
The supplier is required to give monthly status reports on actual despatches / bills claimed &
details of orders pending for dispatch alongwith each bill.
o0o

27

CONDITIONS (INTEGRITY PACT ) THAT ARE PART OF NIT


RCF is committed to ensure that it carries its business with integrity and transparency. The
Company has framed rules to avoid all forms of corruption by following a system that is fair,
transparent and free from any influence/prejudiced dealings prior to, during and subsequent
to the currency of the contract to be entered into with a view to :Enabling RCF to procure/ undertake the Project/Work(Delete what is not applicable) at a
competitive price in conformity with the defined specifications by avoiding the high costs
and the distortinary impact of corruption on public procurement, and
Enabling BIDDER to abstain from bribing or indulging in any corrupt practices in order to
secure the contract by providing assurance to them that their competitors will also abstain
from bribing and other corrupt practices and RCF will commit to prevent corruption, in any
form, by its officials.
RCF has therefore laid down the following transparent procedures ( wherever required is
referred to as the Integrity Pact) which is expected to be adhered by the Company as well
as the BIDDER:

1.

Commitments of RCF:

1.1

RCF undertakes that no official of RCF, connected directly or indirectly with the
Project/Work, will demand, take a promise for or accept, directly or through
intermediaries, any bribe, consideration, gift, reward, favour or any material or
immaterial benefit or any other advantage from the BIDDER, either for themselves
or for any other person, organization or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contract.

1.2

RCF will, during the pre-contract stage, treat all BIDDERs alike, and will provide
to all BIDDERs the same information and will not provide any such information to
any particular BIDDER which could afford an advantage to that particular Bidder
in comparison to other BIDDERs.

1.3

In case any preceding misconduct on the part of any official(s) is reported by the
BIDDER to RCF with full and verifiable facts, necessary disciplinary proceedings,
or any other action as deemed fit, including criminal proceedings may be initiated
by RCF and such a person shall be debarred from further dealings related to
contract process. In such a case while an enquiry is being conducted by RCF the
proceedings under the contract would not be stalled.

2.

Commitments of BIDDER

2.1

The BIDDER commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during
any pre-contract or post-contract stage in order to secure the contract or in
furtherance to secure it and in particular commit itself to the following:

28

2.2

The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the RCF,
connected directly or indirectly with the bidding process, or to any person,
organization or third party related to the contract in exchange for any advantage in
the bidding, evaluation, contracting and implementation of the contract.

2.3

The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement
to any official of RCF or otherwise in procuring the Contract or forbearing to do or
having done any act in relation to the obtaining or execution of the contract or any
other contract with RCF for showing or forbearing to show favour or disfavour to
any person in relation to the contract or any other contract with RCF.

2.4

BIDDER shall disclose the name(s) and address(es) of foreign principals,


associates, agents and distributors, advisors, representatives and sub-contractors.

2.5

BIDDER shall disclose the payments to be made by them to agents/ brokers or any
other intermediary, in connection with this bid/ contract.

2.6

The BIDDER further confirms and declares to RCF that he has not engaged any
individual or firm or company, whether Indian or foreign, to intercede, facilitate or
in any way to recommend to RCF or any or its functionaries, whether officially or
unofficially to the award of the contract to the BIDDER, nor has any amount been
paid, promised or intended to be paid to any such individual, firm or Company in
respect of any such intercession, facilitation or recommendation.

2.7

The BIDDER, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose complete details of any payments made,
is committed to or intends to make to any officials of RCF or their family
members, agents, brokers or any other intermediaries in connection with the
contract and the details of services agreed upon for such payments.
The BIDDER will not collude with other parties, interested in the contract, to
impair the transparency, fairness and progress of the bidding process, bid
evaluation, contracting and implementation of the contract.

2.8

2.9

The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.

2.10

The BIDDER shall not use improperly, for purposes of completion or personal
gain, or pass on to others, any information provided by RCF as part of the business
relationship, such as plans, technical proposals and business details including
information contained in any electronic data carrier. The BIDDER also undertakes
to exercise due and adequate care to ensure that no information is divulged to
others.

2.11

The BIDDER commits to refrain from giving any complaint in connection with the
Project, directly or through any other manner, without supporting it with full and
verifiable facts.

2.12

The BIDDER shall not instigate or cause to instigate any third party to commit any
of the actions aforestated.
29

2.13

If the BIDDER or any employee of the BIDDER or any person acting on behalf of
the BIDDER, either directly or indirectly, is a relative of any of the employees of
RCF, or, if any relative of an employee of RCF has financial interest/stake in the
BIDDER, the same shall be disclosed by the BIDDER at the time of filing the
tender.
The term `relative for this purpose would be as defined in Companies Act, 1956 or
any modifications thereof.

2.14

3.

The BIDDER shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of
RCF.

Previous Transgression

3.1

The BIDDER declares that no previous transgression occurred in the last three
years, in respect of any corrupt practices envisaged hereunder, and/or with any
Public Sector Enterprises/ Government department that could justify BIDDERs
exclusion from the tender process.

3.2

The BIDDER agrees that if it makes any incorrect statement in the bid, BIDDER
can be disqualified from the tender process of the contract, and if already awarded,
the Contract can be terminated for such reason.

4.

Earnest Money (Security Deposit)

4.1

The earnest Money/ Security Deposit, required to be given by the BIDDER shall
be valid as per NIT.

4.2

In case the successful BIDDER violates any of the terms of NIT, RCF shall be
entitled to forfeit the EMD/SD without assigning any reason.
No interest shall be payable by RCF to the bidder on EMD /SD for the period o fits
currency

5
5.1

Sanctions for violations


Any breach of the aforesaid provisions by the BIDDER or any one employed by it
or acting on its behalf (whether with or without the knowledge of the BIDDER or
any one employed by it or acting on its behalf (whether with or without the
knowledge of the BIDDER) shall entitle RCF to take all or any one of the
following actions, wherever required:(i)

To immediately call off the pre contract negotiations without assigning


any reason or giving any compensation to the BIDDER. However, the
proceedings with the other BIDDER(s) would continue.

(ii)

The Earnest Money Deposit (in pre-contract stage) and /or Security
Deposit/Performance Bond (after the contract is signed) shall stand
forfeited either fully or partially, as decided by RCF, without assigning
any reason therefor.

30

(iii)

To immediately cancel the contract, if already signed, without giving


any compensation to the BIDDER.

(iv)

To recover all sums already paid by RCF, together with interest


thereon at 2% higher than the prevailing Lending Rate of State Bank of
India or at 2% higher than LIBOR as may be applicable based on
whether the bidder is an Indian party or a foreign party. If any
outstanding payment is due to the BIDDER from RCF in connection
with any other contract for any other Project/Work/ Supply, such
outstanding payment could also be utilized to recover the aforesaid
sum and interest.

(v)

To encash the advance bank guarantee and performance bond/


warranty bond, if furnished by the BIDDER, in order to recover the
payments, already made by RCF, along with interest.

(vi)

To terminate all or any other Contracts with the BIDDER. The


BIDDER shall be liable to pay compensation for any loss or damage to
RCF resulting from such termination and RCF shall be entitled to
deduct the amount so payable from the money(s) due to the BIDDER.

(vii)

To debar/blacklist the BIDDER from participating in future bidding


processes of RCF for a minimum period of five years, which may be
further extended at the discretion of RCF.

(viii) To recover all sums paid, in violation of this Pact by BIDDER to any
middleman or agent or broker, with a view to securing the contract.
(ix)

In case where irrevocable Letters of Credit have been opened in


respect of any contract signed by RCF with the BIDDER, the same
shall not be opened.

(x)

Forfeiture of Performance Bond in case of a decision by RCF to forfeit


the same without assigning any reason for imposing sanction for
violation of this Pact.

5.2

RCF will be entitled to take all or any of the actions mentioned at para 5.1 (i) to (x)
also on the Commission by the BIDDER or any one employed by it or acting on its
behalf (Whether with or without the knowledge of the BIDDER) of an offence as
defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption
Act, 1988 or any other statute enacted for prevention of corruption.

5.3

The decision of RCF to the effect that a breach of the provisions of the conditions
has been committed by the BIDDER shall be final and conclusive on the BIDDER.
However, the Bidder can approach the Independent Monitor appointed for the
purposes of this Pact.

Fall Clause:

6.1

The BIDDER undertakes that it has not supplied/ is not undertaking Project/Work
of similar Capacity at a price lower than that offered in the present bid and if it is
found at any stage that similar Project/Work of similar Capacity was offered by
the BIDDER to any other Ministry/ Department of the Government of India or a
PSU at a lower price, then such lower price, with due allowance for elapsed time,
31

will be applicable to the present NIT/Contract and the difference in the cost would
be refunded by the BIDDER to the RCF, if the contract has already been
concluded.

7.

Facilitation of Investigation
In case of any allegation of violation of any provisions of these terms or payment
of commission, RCF shall be entitled to examine all the documents including the
Books of Accounts of the BIDDER and the BIDDER shall provide necessary
information and documents in English and shall extend all possible help for the
purpose of such examination.

8.

Law and Place of Jurisdiction


Indian Law shall be applicable to the NIT and Courts in Mumbai shall have
Jurisdiction.

9.

Other Legal Actions


The Actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.

10.

Validity

10.1

The validity of this Integrity Pact shall be from date the NIT is issued and extend
upto 5 years or the complete execution of the contract to the satisfaction of RCF
and the BIDDER/ Seller, including warranty period, whichever is later. In case
BIDDER is not awarded Contract/Purchase Order, this Integrity Pact shall expire
after twelve months from the date of issue of the NIT.

10.2

Should one or several provisions of this Pact turn out to be invalid, the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intentions.
*********************

32

BID ABSTRACT FORM


(To be duly filled, signed & enclosed with your technical bid)
Document no.
Document no 1

details
Constitution of the firm

Auditors certificate stating year wise quantity


manufactured during last seven years.

Enclosed /not
enclosed
Enclosed /not
enclosed
Enclosed /not
enclosed

Page no.
Enclosed at page
no.
Enclosed at page
no.
Enclosed at page
no.

Document no 2

Copy of manufacturing License

Document no. 3
Document no. 4

Permission from Department of Agriculture for


marketing of WSF in the state of supply.

Enclosed /not
enclosed

Enclosed at page
no.

Document No: 5

Income Tax Pan Number of the Firm

Enclosed /not
enclosed

Enclosed at page
no.

Document No: 6

Turnover of last 3 years

Document No. 7

VAT no

Enclosed /not
enclosed
Enclosed /not
enclosed

Enclosed at page
no.
Enclosed at page
no.

Document No. 7

TIN no

Enclosed /not
enclosed

Enclosed at page
no.

Document No. 9

Bank details for Electronic payments

Document No.10

Photocopy of the original price bid with prices


blanked
Solvency Certificate

Enclosed /not
enclosed
Enclosed /not
enclosed
Enclosed /not
enclosed
Submitted /not
submitted

Enclosed at page
no.
Enclosed at page
no.
Enclosed at page
no.
Please mention
the details of
the EMD/Bid
Bond submitted

Document No.11

EMD

Envelope 1

Envelope 2

Bank Guarntee is as acceptable as per NIT

Accepatable/not
acceptable

To be superscribed Earnest Money for


TENDER NO: RCF/MKTG/IET/Bio-fertilizers/1617
To
be
superscribed
Prequalification
application & Commercial. Terms for supply of
Biofertilizers for marketing in different states
should contain the prequalification
application duly filled in & ScheduleI
confirming acceptance of all terms & conditions
& enclosing all the relevant documents with
signature & seal of authorized signatory as
stipulated in our tender documents.
Photocopy of the original price bid with prices
blanked should be submitted along with
technical and unpriced bid.

Submitted /not
submitted
Submitted /not
submitted

33

Envelope No3:

To be superscribed Price bid for supply of BIO


FERTILIZERS for marketing in different states
& should contain the ScheduleII i.e. price bid
duly filled in with signature & seal of
authorized signatory.

Submitted /not
submitted

NOTES:
1) Please fill up this sheet and confirm all the above points Submit this sheet duly filled along
with technical bid of your quotation
2) Please note all the terms & condition mentioned in the enquiry including THE TECHNICAL
CONDITIONS as mentioned in the enquiry
3) Please give separate list for deviations to our NIT terms & conditions, if any

(Signature and stamp of the Bidder)

Date:

Place:

34

ON PARTY'S LETTERHEAD
SCHEDULE II
(OFFER)
Date:
To,
The Chief Manager (IET).
Fertilizer Marketing Division 8th floor
"Priyadarshini", Eastern Express Highway
Sion, Mumbai 400 022.
TENDER NO: RCF/MKTG/IET/Bio-fertilizers/16-17

Dear Sir,
I/We submit herewith the quotation with regard to the contract for supply of Biofertilizers
to RCF in different states.
I/We have already agreed to the terms and conditions given along with application for
empanelment (AnnexureA). This will form part of the contract if awarded. Further I/We
Have carefully studied the general terms and conditions given in NIT ScheduleI). I/We agree
to abide by all the terms and conditions therein. This will also form part of the contract if
awarded.
I/We understand that:
1. The rates to RCF to be quoted to RCF in figures & words for supply of Biofertilizers
in packing of 100/250/500/1000ml for marketing by RCF in RCF brand.
2. Only one price is to be quoted against each space. Multiple rates or rates beyond
two decimals are not acceptable and shall be rejected without any references.
3. Conditional offer shall be rejected without any references.
4. All prices will be on FOR basis for the concerned States (s).
5. The responsibility of quoting comparable and reasonable rates lies with the tenderer
in order to ensure that the product can compete in the market at the rate so
finalized.
35

PRODUCT: Bio-fertilizers -Rates offered


Rates offered in Rs.PMT
A
States

U.P

Bihar

W.B

Haryana

Punjab

B
Biofertilizer

In
figure

Applicable
taxes in %

Value

C
In words

Phosphate
solubilizing bacteria
for phosphate
solubilisation
Phosphate
solubilizing bacteria
for phosphate
solubilisation
Azotobacter spp. for
nitrogen fixation
Rhizobium spp. for
nitrogen fixation
Azotobacter spp. for
nitrogen fixation
Phosphate
solubilizing bacteria
for phosphate
solubilisation
Rhizobium spp. for
nitrogen fixation
Azotobacter spp. for
nitrogen fixation
Phosphate
solubilizing bacteria
for phosphate
solubilisation

Above rates are excluding the applicable taxes. Applicable taxes to be shown separately in
above column. Evaluation will be done after calculating net effect of taxes on rates
mentioned above.
I/We hereby agree that the rates
throughout the contract period .

quoted

and accepted

by us will remain firm

Yours faithfully

(Signature & Designation of Tenderer


along with Seal of the Firm.)

36

MEMORANDUM OF UNDERSTANDING
This Memorandum of understanding has been made on _____Day of ________2015
between M/s. Rashtriya Chemicals & Fertilizers Ltd., a Company incorporated under the
Companies Act 1956, and having its registered office at Priyadarshini, Eastern Express
Highway, Sion, Mumbai 400 022, hereinafter referred to as RCF, which expression shall,
unless repugnant to the context & meaning thereof, be deemed to mean and include its
successors and permitted assigns of the First Part.
And
M/s ______________a Company incorporated under the Companys act 1956 and having its
Registered Office at _______________________ hereinafter referred to as (___) which
expression shall unless repugnant to the context and meaning thereof, shall mean and
include its successors and permitted assigns of the Second Part.
Whereas:
1. RCF is in the business of manufacturing various fertilizers & chemicals & markets the
same through its wide network of dealers spread across the country.
2. ___ is a manufacturer of Biofertilizers
having their factory at
______________________.
3. ___ has installed capacity of ______ MTs per annum and desires to market its Biofertilizers of about ____ MTs during one year period through RCF.
4. RCF is desirous of adding value to its present channel of distribution by marketing
_____________.
5. RCF & _____ have agreed to work together for marketing the Biofertilizers of
_______ through on such terms & conditions as are agreed amongst them.
Now therefore it is agreed between the parties as under:
1. Consideration :
i) In consideration of mutual covenants agreed between the parties, it is agreed that
RCF shall market _____ Bio-fertilizers production of about ________ MTs during
one year period in Different States.

37

In case the actual quantity produced by ________ is less than _____ MTs during one
year period the quantity to be marketed will be shared on the aforesaid ratio or as
finally decided by RCF.
2. Orders & Supply:
i) RCF shall procure orders / indents periodically from its dealers and place
consolidated orders on_____.
ii) For movement, ____ will supply on FOR basis, its Biofertilizers to dealers as per
orders/ indents placed by RCF.
iii)

All the orders will be placed by RCF. Invoices will be raised by RCF after ____
confirms the dispatch of the Biofertilizers stocks to the dealer. Dispatch details
have to be sent to RCFs office of the State on daily basis by EMail/ fax.
iv) Invoices for all supplies made by ____ to RCF, will be raised on RCF and in turn
RCF will raise invoices on RCF dealers.
v) For dispatches of loads from ____ Factory & its branches, RCF will give necessary
documentary support.
vi) ____ shall produce the proof of delivery to RCF.
vii) ____ shall ensure delivery of materials generally within 7 days from the receipt of
orders /indents or as per agreed schedule between ____ & RCF.
viii) Production of __________ Biofertilizers will be marketed in RCF brand with the
wordings Marketed by RCF as per specific dimensions, subject to the provisions
of the Legal Metrology Act 2009 & Legal Metrology (Packaged Commodities)
Rule, 2011 & Fertilizer Control Order 1985 or any amendment or reenactment
thereto.
ix) ____ has agreed to deliver the said BIOFERTILIZERS at consignees destination
as per the delivery schedule provided by RCF & the risk, title & interest in & of the
said BIOFERTILIZERS delivered shall pass on to the consignee on delivery of
goods.
x)
The quantity & period of delivery shall be mutually agreed to by & between the
parties & RCF shall indicate their requirements for the next three months at the
beginning of every month to enable ____ to plan their production of BIO
FERTILIZERS .
xi) ____will invoice RCF from_____, _______ for all deliveries made by ____. Hence,
in case of interstate movement, Central Sales Tax will be applicable to RCF,
Central Sales Tax so applicable will be borne by ____. RCF has agreed to supply
C form for all interstate movement. Alternatively, ________ may transfer
material on interstate basis to themselves and then raise the invoices.
3. Quality:
i)
____ warrants & represents that the products supplied under this agreement
shall conform to required FCO standards. ____ agrees to do the necessary pre
dispatch quality testing of material as per FCO
ii)
____ shall handle the Dealers complaints promptly and intimate RCF of the
actions taken there against. RCF will ensure that their dealers inform ____ about
sampling details by Govt. Department then and there.
iii)
____ hereby agrees and undertakes to allow the personnel of RCF/Third Party to
enter upon the factory premises and provide them with all the facilities and
38

extend full cooperation for carrying out work relating to inspection, sampling &
analysis of each batch of said ____ Biofertilizers
to check its quality. The
expenses of Third Party Inspection will be borne by the manufacturer on actuals.
The cost of Third Party Inspection will be on suppliers account.
RCF undertakes to treat all such information that are coming to the possession
and knowledge of RCF personnel in the process of implementation of the MOU as
confidential & shall not part such information without prior permission in writing
from ____.

iv)

v)

____ shall ensure that for any deficiency in quality of BIOFERTILIZERS supplied
by them, ____ shall take back at their cost substandard stock from the dealers.
In case of sample failure cases, ____ would extend all the support legally,
technically and financially.
will maintain batch to batch chemical analysis of their product. In
addition to this its own quality checks, shall facilitate Third party Inspection as
stated in clause 3(iii) hare above.

vi)

4. Prices :
i.)

Minimum price to RCF (exclusive of all taxes) along with the credit period of 45
days from the date of receipt of invoice along with acknowledgement from dealer.
ii.) RCF will offer the price and terms to the dealers/distributor.

5. Payment:
i.
ii.
iii.

6.

Payment against all sales proceeds will be collected at the respective District Sales
office of RCF.
Subsequently the payments will be transferred to ____ account in the state of sale.
RCF will make payment of bills to _____ after 45 days of credit period & on
submission of the bills with acknowledgement by _____ along with necessary
acknowledgment of delivery documents
Relationship:
This MOU between the parties shall be on a principaltoprincipal basis. None of the
provisions of this MOU shall be deemed to constitute a joint venture or a partnership
or create Principal Agent relationship between the parties here to & no party shall
have any authority to bind the other or will be deemed to be agent of the other
party in any way.

7. Force Majeure:
Neither RCF nor ____ shall be considered to be in default in performance of its
obligations under this MOU, if such performance is prevented or delayed by any
cause beyond reasonable control of the party such as nonavailability of raw
materials, any changes in legislature or any Act of Government, war, hostilities, riots,
civil commotion, strikes, lockouts, fire, flood, earthquakes or any other natural
calamity. A notice of such event of force majeure shall be given by party affected to
the other party within 10 days of occurrence of the event.

39

8. Notices:
All notices required to be given or served by either party hereto, on the other, shall
be deemed to have been given or served if the same shall have been delivered or left
at, or sent by Registered Post by either party to the other at its Registered Office.

9. Waiver & Default:


Notwithstanding any other provisions of this MOU, no waiver by any party to any
breach of the terms & conditions of this MOU shall be considered as a waiver of any
succeeding breach of the same or any other terms & conditions.
10. Assignment & Exclusivity:
It is agreed that neither of the parties shall appoint other partys dealers for selling
BIOFERTILIZERS
11. Duration:
ii) This MOU shall be for a period from ____ to ____, unless terminated earlier .
iii) ____ and RCF, shall abide with the guidelines issued by DOA from time to time in
respect of manufacturing and marketing of Biofertilizers .
iv) Any party may terminate this MOU if the other party commits any breach of the
terms & conditions of this MOU, if such a breach is not rectified within 15 days of
intimation of the same.
v) Both the parties shall be at liberty to terminate this MOU without assigning any
reasons whatsoever, at any time by giving, the other party 30 days notice in writing.
vi) Upon termination of this agreement for any reason whatsoever, ____ shall forthwith
return and deliver up to RCF, standards, specifications, designs, drawings,
documents, details of equipment & material disclosed, given or communicated by
RCF to ____ under this MOU together with all documents or drawings or any copies
thereof relating to or in any way pertaining to the manufacture of the said Bio
fertilizers .
vii) Termination of this MOU shall not in any way affect the benefits and rights of both
the parties in respect of the transactions carried out by them during the tenure of
the MOU. It shall be the duty of the other party to perform and fulfill the
commitments to the other party in the spirit and as per the terms agreed under this
MOU in respect of transactions carried out during the tenure of this MOU.
12. General Terms:
____ shall indemnify and keep RCF indemnified from any and all claims in respect of
BIOFERTILIZERS
sold under this MOU, arising from dealers, Customers,
Government Authorities and any statutory bodies. ____ shall defend for itself and
40

RCF in appropriate forum against all such claims, and shall bear all legal costs and
incidental charges, damages, claims that may arise out of such litigation.

13. Approval of the Tie-Up:


RCF will help ____ to obtain necessary approval of the TieUp arrangement from
DOA as and when required.

14. Arbitration:
All disputes or differences arising out of or in relation to this MOU shall be mutually
discussed, resolved amongst the parties. In case the disputes and differences are
not so mutually resolved, but continue to subsist, the same shall be referred to
Arbitration. MD of ____
& Director (Marketing) of RCF shall, upon mutual
discussion appoint sole arbitrator to adjudicate the disputes & differences between
the parties in accordance with the Provisions of the Indian Arbitration & Conciliation
Act, 1996. The proceedings shall be in Mumbai & the parties agree for exclusive
jurisdiction of Mumbai courts.
IN WITNESS WHEREOF the parties hereto have signed this MOU on the day & the
year first hereinabove written.

Signed and Delivered on behalf of RCF

Signed and Delivered on behalf of

(____)
________________________

(____)
________________________

Rashtriya Chemicals and Fertilizers Ltd.


________________________

________________________

Witnesses:

Witnesses:

1. _____________________
Name

1._____________________
Name

2. _______________________
Name

2._____________________
Name

41

LIST OF APPROVED BANKS


A)
1.
2.
3.
4.
5.
6.

State Bank of India & its Associated Banks:


State Bank of India,
State Bank of Bikaner & Jaipur,
State Bank of Hyderabad,
State Bank of Mysore,
State Bank of Patiala,
State Bank of Travancore,

(6 Nos)

B)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.

Nationalised Banks:
Allahabad Bank,
Andhra Bank,
Bank of Baroda,
Bank of India,
Bank of Maharashtra,
Canara Bank,
Central Bank of India
Corporation Bank,
Dena Bank,
Indian Bank,
Indian Overseas Bank,
Oriental Bank of Commerce,
Punjab National Bank,
Punjab & Sind Bank, Bank
Syndicate Bank,
UCO Bank,
Union Bank of India,
United Bank of India,
Vijaya Bank,

(19 Nos)

42

C)
1.
2.
3.
4.
5.
6.
7.
8.
9.

D)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
E)
1.
2.
3.
4.
5.
6.

Other Banks:
City Union Bank Ltd
Catholic Syrian Bank Ltd
Kotak Mahindra Bank Ltd.
South Indian Bank Ltd.,
Tamilnad Mercantile Bank Ltd.
The Federal Bank Ltd.,
The Jammu & Kashmir Bank Ltd.
The Karnataka Bank Ltd.,
The Kayur Vaishya Bank LTD

Foreign Banks:
American Express Bank Ltd.,
Bank of America National Trust & Saving Association,
Bank of Tokyo Mutsubhishi UF J Ltd.
Barclays Bank PLC
BNP Paibas
Calyon Bank
Citibnk N.A
Deutsche Bank
Development Bank Of Singapore(DBS)
Hongkong & Shanghai Banking Corporation Ltd.
JP Morgan Chase Bank
Royal Bank of Scotland.
Standard Chartered Bank
Private Sector Banks:
Axis Bank Ltd.
ICICI Bank Ltd.
IDBI Bank Ltd
HDFC Bank Ltd.
ING Vysya Bank Ltd.
Yes Bank Ltd.

(9 Nos.)

(13Nos)

(6 Nos)

*****

43

FORMAT FOR BANK GUARANTEE TOWARDS SECURITY DEPOSIT AND


PERFORMANCE GUARANTEE
(To be submitted on Rs. 200/ non judicial stamp paper)
Bank Guarantee No. __________ dated ________
M/s Rashtriya Chemicals & fertilizers Ltd,
.,
..
..
Dear Sirs,
In consideration of M/s Rashtriya Chemicals and Fertilizers Limited, [hereinafter referred to
as RCF, which expression unless repugnant to the context and meaning thereof shall
include its successors and assigns], having agreed to exempt, M/s
__________________________________having its registered/principal office at
______________________________________________ [hereinafter referred to as
Supplier / Contractor which expression unless repugnant to the context and meaning
thereof shall include its successors and assigns], from depositing with RCF a sum of
Rs..___________ towards security / performance guarantee in lieu of the said Supplier /
Contractor having agreed to furnish an irrevocable bank guarantee for the said sum of Rs.
_________ as required under the terms and conditions of Contract / Work Order / Purchase
Order no. ______________________ dated __________ [hereinafter referred as the
Order]
placed
by
RCF
on
the
said
supplier
/
contractor,
we,
____________________________________________ [hereinafter referred to as the Bank
which expression shall include its successors and assigns] do hereby undertake to pay RCF
an amount not exceeding Rs. ______________ [Rupees _________________ ] on demand
made by RCF on us due to a breach committed by the said Supplier / Contractor of the
terms and conditions of the Order.

44

1. We ____________ the Bank hereby undertake to pay the amount under the guarantee
without any demur merely on a demand received in writing from RCF stating that the
Supplier / Contractor has committed breach of the term(s) and/or condition(s) contained in
the Order and/or failed to comply with the terms and conditions as stipulated in the Order
or amendment(s) thereto. The demand made on the Bank by RCF shall be conclusive as to
the breach of the term(s) and/or condition(s) of the Order and the amount due and payable
by the Bank under this guarantee, notwithstanding any dispute or disputes raised by the
said Supplier / Contractor regarding the validity of such breach and we agree to pay the
amount so demanded by RCF forthwith and without any demur. However, our liability under
this guarantee shall be restricted to an amount not exceeding Rs. ______________ [Rupees
_________________ ].

2. We, ______________ the Bank further agree that this irrevocable guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance of the said Order and that it shall continue to be enforceable till all the dues of
RCF under or by virtue of the said Order have been fully paid and its claim satisfied or
discharged or till RCF certifies that the terms and conditions of the Order have been fully
and properly carried out by the Supplier / Contractor and accordingly discharge the
guarantee.
3.We ________________ the Bank, undertake to pay to RCF any money so demanded
notwithstanding any dispute or disputes raised by the said Supplier / Contractor in any suit
or proceedings pending before any court or tribunal relating thereto as our liability under
this present being absolute and unequivocal. The payment so made by us under this
Guarantee shall be valid discharge of our liability for payment there under and the said
Supplier / Contractor shall have no claim against us for making such payment.
4. We ________________ the Bank further agree that RCF shall have full liberty, without
our consent and without affecting in any manner our obligation hereunder to vary any of
the terms and conditions of the Order or to extend time of performance by the said
Supplier / Contractor from time to time or to postpone, for any time or from time to time,
any of the powers exercisable by the RCF against the said Supplier / Contractor and to
forbear or enforce any of the terms and conditions relating to the Order and shall not be
relieved from our liability by reason of any such variation or extension being granted to the
said Supplier / Contractor or for any forbearance, act or omission on the part of RCF or any
indulgence by RCF to the Supplier / Contractor or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provisions have effect of so
relieving us.
5. In order to give full effect to this guarantee, RCF will be entitled to act as if the BANK were
the principal debtor and the BANK hereby waives all rights of surety ship.
6. Our liability under this bank guarantee is restricted to Rs. _________ [Rupees
__________________] and shall remain in force up to _______________ and thereafter till
the expiry of the extended period, if any, (hereinafter Validity period). Unless a demand is
made under this guarantee on us in writing at any time from the date of issue of the
guarantee till the expiry of the Validity period, we shall be discharged from all liabilities
under this guarantee thereafter.
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7. The claim, if any, under this guarantee, shall be lodged at (address of BANK & Branch)
_________________________________________.
8. This guarantee will not be discharged due to change in the constitution in the Bank or the
said Supplier / Contractor or the provision of the contract between Supplier / Contractor
and RCF.
9. The BANK hereby agrees that the Courts in Mumbai shall have exclusive jurisdiction in any
matter of dispute between RCF and the Bank and the Bank hereby agrees to address all the
future correspondence in regard to this bank guarantee to Chief Finance Manager, Rashtriya
Chemicals and Fertilizers Limited, Administrative Building, Mahul Road, Chembur, Mumbai
400 074. INDIA.

10. We have the power to issue this Guarantee in your favour under the Charter of our Bank
and the undersigned has full power to execute this Guarantee under the Power of Attorney
granted to him by the Bank.
11. We, _____________ the Bank lastly undertake not to revoke this guarantee during its
currency except with the previous consent of the RCF in writing.
SIGNED AND DELIVERED ON THIS _______________ DAY OF ________

Yours faithfully,
For and on behalf of _____________________. (bank)
Signature of Authorised Official of bank
Name of the Official:
Designation of the Official:

Name of Bank:
Branch:
Address of Branch:
Telephone / Mobile No:
Fax No:
Email Id:

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(FORMAT FOR SOLVENCY CERTIFICATE)


(on Banks Letter Head )

______________________________________________________________________

REF NO: DATE:,,,,,,,,,

To Whomsoever Concerned

This is to certify that to the best of our knowledge and information,


M/s._________________________ (Bidders name with complete address), a customer of
our Bank, is respectable, and is capable of executing orders to the extent of Rs
_____________ (Rupees________________________). M/s _________________ have been
our customer since ______ to date and has been granted the following limits, at present,
against various facilities granted by the Bank:
..
...

This certificate is issued without any guarantee, risk or responsibility on behalf of the Bank
or any of its officials.
This certificate is issued at the specific request of the customer.

Yours faithfully,
(Bank Officials signature & stamp)

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************************* END OF THE DOCUMENT*****************************

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