MADRAS FERTILIZERS LIMITED

(A GOVT. OF INDIA UNDERTAKING)

MANALI, CHENNAI 600 068
TELEPHONE: 044 - 25945318 / 25945314
OPEN TENDER ENQUIRY
NOTICE INVITING TENDER FOR
PROCUREMENT OF NEEM OIL – 4,03,200 LTRS

E - TENDER No.EPRO/MM/IP/NEEM OIL/211223/137 Dt.22.11.2023

SUMMARY

Online bids are invited from Manufacturers or Authorized agents / Distributors for supply of
Neem Oil. Bidders, who are interested to submit bids, may visit MFL website
www.madrasfert.co.in [“Tenders”–“e-tenders”] or Central Public Procurement web
http://eprocure.gov.in/eprocure/app. Instructions for applying e-Tendering are given in
Annexure 1.
For any clarification, please communicate to the following:
E-procurement cell: [email protected]/[email protected]
Phone: 044-25945318 / 25945314
Contact details:[email protected],[email protected]

Description / Qty Neem Oil - 4,03,200 litres (Refer Annexure 4)

Two Stage Bidding :

Nature of Bidding 1st Part : Techno-Commercial Bid,
2nd Part: Price Bid
Commencement of viewing and
downloading tender document from e- 22.11.2023
Tender Website

Due date & Time of submission 21.12.2023: 16.00 hrs.

EMD Bid Opening Date& Time 22.12.2023: 14.00hrs.

Techno-Commercially qualified tenderers only will

Price Bid Opening Date
be intimated
Three Separate on-line covers (folders)

1. EMD.
Bid Submission (To be Uploaded on 2. Techno-Commercial Bid (Annexure 4 & 5)
or before the due date and time) 3. Price Bid (Annexure 6)

To be uploaded on or before the last date & time

meant for uploading of bids.
Bids will be opened in Seriatim, i.e. EMD, Techno-
Procedure for opening of On-line Bid
Commercial and Price Bid.
90 days from the date of opening of EMD Bid. (i.e
Bid Validity
22.12.2023).
EMD Amount: Rs.8,62,848/- (Rupees Eight Lakhs Sixty Two Thousand Eight Hundred
and Forty Eight Only). EMD payment can be made in the form of DD/Insurance
Surety Bond/BG/RTGS. (Ref.Annexure-7 – EMD terms & conditions, Annexure-13 –
EMD BG Format and Annexure-14 – EMD RTGS Format).

Original EMD by DD/Insurance Surety Bond/BG in MFL’s approved format (Annexure-13)

valid for 90 days from the date of tender opening date with claim period of one year from the
date of validity period of BG or thru’ RTGS per details furnished in Annexure-14 should be
furnished in a separate sealed cover superscribed as EMD for Tender No.
EPRO/MM/IP/NEEM OIL/211223/137 Dt.22.11.2023 and the same to be received
within 3 working days after the due date of submission of bids to: DGM-Materials
Management, Madras Fertilizers Ltd., Manali, Chennai-600 068.

Bidders with NSIC/MSE valid certificates seeking exemption from payment of EMD should
upload such valid certificate along with their bid before the closing date and time of tender.
If such valid certificates are not uploaded along with their bid before the closing date and
time of tender, their bids will not be considered.
5% of the Contract Value (excluding GST) in the
event of placement of award of Contract with a
Security Deposit (SD)
validity of 60 Days beyond the date of completion
of the Purchase Order / Delivery period.
By DD/Insurance Surety Bond/RTGS favouring
Madras Fertilizers Ltd., payable at Chennai or by
Bank Guarantee with a validity of 60 days
Mode of Payment for SD beyond the date of completion of Purchase
Order/Delivery period. Claim period should be
one year from the date of validity period of
BG. (Ref. Annexure 13, 14).
60 days Credit (45 days Credit to MSE vendors
as per MSMED Act, against submission of
Payment Term relevant valid documents) Payment only from
the date of receipt of material, subject to
acceptance thru RTGS/NEFT transfer.
Contract period One year from the date of LOI/PO. Contract
period can be extended for a period of one year
on the same terms and conditions, on mutual
consent.”
Delivery period Initially required quantity is to be supplied within
15 days from the date of LOI / PO and further
supplies on need basis per MFL instruction only.
As and when the material is required the same
will be communicated thru email. In each such
periodical instruction thru email, material should
be delivered within 15 days from the date of
email.
Evaluation Basis Refer Annexure-8 Sl.No.8 of NIT
Allotment of quantity Refer Annexure-8 Sl.No.3 of NIT
Brief Description of Work Refer Annexure 2 of NIT
LD Clause Refer Annexure-8 Sl.No.23 of NIT
Reverse Auction/Counter offer/
Will be conducted, if required.
Negotiation

DGM-MATERIALS MANAGEMENT
MADRAS FERTILIZERS LTD.,
MANALI, CHENNAI 600 068
 List of Annexures

Instructions for applying e-Tender Annexure 1

Brief Description of work Annexure 2
Pre-qualification criteria Annexure 3
Specification, Quantity &Technical bid Format Annexure 4
Commercial Bid Format Annexure 5
Model Price Bid Format Annexure 6
EMD Terms & Conditions Annexure 7
SD Terms & Conditions Annexure 8
Special Terms & Conditions Annexure 9
General Terms & Conditions Annexure 10
Tenderer Undertaking Annexure 11
Information about Tenderer Annexure 12
Format for EMD BG Annexure 13
Bank details for EMD/SD payment thru RTGS. Annexure 14
Format for SD BG Annexure 15
Vendor Bank Details for Payment thru RTGS Annexure 16
Declaration Annexure 17
Integrity Pact Annexure 18
Public Procurement (Preference to Make in India) and
Annexure 19
Rule No.144(XI) of GFR
Benefits to Micro and Small Enterprises (MSEs) Annexure 20
 ANNEXURE-1

INSTRUCTIONS TO TENDERERS FOR APPLYING E-TENDER

1.1 Instructions to the Tenderers / Bidders for the e-submission of the bids
online through the e-tender site of M/s National Informatics Centre (NIC)

1.1.1 Bidders should do the registration in the tender site

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

1.1.2 Bidder then need to login to the site through their user ID / password chosen
during registration.

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

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

1.1.5 After downloading / getting the tender schedules, the Bidder should go through
them carefully and then submit the documents as asked, otherwise, the bid will be
rejected.

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

1.1.7 Bidder, in advance, should get ready the bid documents to be submitted as
indicated in the tender schedule and they should be in .pdf / .xls /.jpeg/.rar
formats only.

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

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

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

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

1.1.12 The details of the Earnest Money Deposit document should be submitted physically
to the Dept., and the scanned copy should be furnished at the time of bid
submission online. They should be same otherwise the Tender will be summarily
rejected.
1.1.13 The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay
or the difficulties faced during the submission of bids online by the bidders.

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

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

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

1.1.17 Each document to be uploaded through online for the tenders should be less than
8 MB. However, if the file size is less than 8 MB, the transaction uploading time
will be very fast. The total size of the documents in all the covers put together,
should be less than or equal to 8 MB.

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

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

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

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

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

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

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

1.1.25 Bidders to note that if prices are indicated in their un-priced Techno-Commercial
part their offer will be rejected and NO further evaluation or communication will be
entertained in this regard.

1.1.26 Bidders to note that the very act of using DSC for downloading the bids and
uploading their offers shall be deemed to be a confirmation that they have read all
sections of the pages of the bid document including General Conditions of Contract
without any exception and have understood the entire document and are clear
about the requirements of the tender requirements.
 ANNEXURE 2

BRIEF DESCRIPTION OF WORK

Tenderers are advised to acquaint themselves with the jobs involved. The tenderer in the
event of awarding the contract / PO, is required to supply Neem Oil per specification per
Annexure – 4 to MFL RMH Plant premises at Manali using their own or hired vehicle.
The operation to be followed is:

 Weighing the vehicle at MFL Weigh Bridge while coming in and going out of MFL
premises;
 Unloading Neem Oil with their own men at the place assigned by the authorized
MFL Personnel; and
 Maintaining trip sheet, Material In Pass and other documents with signature of
authorized MFL personnel for receipt of material.
 The vehicle in which material is transported should have emission control
certificate, RC Book, fitness certificate and valid license for the driver who is driving
the vehicle.
 It is the responsibility of the vendor to transport the goods at their own risk and
MFL will not be responsible for any damages or whatsoever.


 ANNEXURE 3

PREQUALIFICATION CRITERIA

1. Bidder must be manufacturer or authorized agent / distributor of the manufacturer of Neem

Oil. If the bidder is an authorized agent / distributor, such bidders should produce relevant
Letter of Authority to quote exclusively for this tender from the manufacturer. Such Letter of
Authority should be valid for the entire contract period.

2. Tenderer shall have experience in supply of Neem Oil and submit documentary evidence for the
same. Documentary evidence such as copies of purchase orders along with supply details (proof
of delivery, invoices etc) or PO with job completion certificate should be furnished and shall be
either of the following during the last 7 years ending 30.09.2023.

i. Three completed purchase orders each not less than 40% of the tender quantity.
(or)
ii. Two completed purchase orders each not less than 50% of the tender quantity.
(or)
iii. One completed purchase order not less than 80% of the tender quantity.

Relaxation for MSE:

The tenderer shall submit one completed purchase order costing not less than or equal to 40% of
the tender quantity as a proof of experience in supply of Neem Oil during the last 10 years ending
30.09.2023.

3. Tenderer should attach a valid Solvency Certificate for Rs.25 Lakhs.

4. Tenderer should have good reputation and the average annual financial turnover is more than
or equal to 30% of estimated contract value in the last three financial years 2019-20, 2020-21,
2021-22 only need apply. Tenderer shall attach copies of Income Tax Returns filed for the last
three financial years (i.e.2019-20, 2020-21 & 2021-22).

Relaxation for MSE:

Tenderer shall submit Income Tax return of any one of the last three financial years (2019-20,
2020-21 & 2021-22) in which annual financial turnover should be of more than or equal to 30% of
estimated contract value.

5. The tenderer shall furnish a declaration that the tenderer has not been put on Holiday list /
Delisted / Blacklisted or that there is no pending litigation or any action including arbitration
proceedings against the tenderer by other companies, especially, by MFL and any other public
sector undertakings. In case of prevalence of any such litigation or action including arbitration
proceedings, tenderer shall furnish full details of such litigation.

Where the bidder is placed in Holiday list / Blacklisted by MFL or by any other Govt. PSUs, even
if such bidder participated in the bidding process, their offer will not be considered for
evaluation. Where there is pending arbitration proceedings initiated by MFL against any
contractor / supplier is / are pending disposal, the offer of such contractor / supplier will not
be considered for evaluation.

Note :
Signed copy of the above documents is to be uploaded as attachment with the on-line
submission of bids. After tender opening and while processing the bids, if any document(s) is /
are found not to have been uploaded by any tenderer, MFL will seek thru email the required
documents and the tenderer shall submit the same within the date stipulated in the email.

 Tenderers not submitting the requisite Prequalification Criteria documents on or before

the date stipulated in the email shall not be considered for further processing.
 ANNEXURE 4

SPECIFICATION, QUANTITY & TECHNICAL BID FORMAT

NEEM OIL

SPECIFICATION:
Specification of Neem Seed Oil as per BIS – 4765, 1975
Specific Gravity @ 300C : 0.85 to 0.95
1 Iodine value : 65 to 95 Accepted
Saponification value : 160 to 205
Moisture & Insoluble matter percent by weight : 1.0% max
Azadirachtin : 150 ppm min

PACKING IN 200 LITRE BARREL (Non-returnable)

2 QUANTITY 4,03,200 Litres
3 Quantity Provision +20%
Production of Manufacturer and/or Material Test Certificate
4 Accepted
with each supply in the event of placement of order.

Acceptance & Rejection Clause

Description Specification Rejection
Moisture & Insoluble
1% max >1%
matter percent by weight
Azadirachtin 150 ppm (Min) <150 ppm

SPECIAL NOTES

1. Confirmation of complete technical specifications of the offered product as above.

2. Confirmation of submission of physical & chemical analysis certificate with each

consignment of supplied lot at “NO EXTRA COST TO MFL”. Test reports/certificates of
analysis must be from any government approved laboratory conforming to:

a) All specification (excluding Azadirachtin content) including in IS:4765-1975

Table 1 (Neem Oil) tested per IS:548 (Part I-1964 and Part II-1974).

b) Supplied material will be free from admixture with other oils and added
colouring substances as per IS:548 (Part II)-1974.

c) Certificate of analysis of Azadirachtin content to be attached with each

consignment.
3. Samples of Neem oil consignment will be taken at randomly by MFL and will be sent
to government approved lab for checking Azadirachtin value.

Signed copy & duly filled Techno-Commercial bid to be uploaded as attachment with the
on-line submission bids.

Signature of the authorized person :

Name of the authorized person :
Designation of the authorized person :
Seal of the organization :
 ANNEXURE 5

COMMERCIAL BID FORMAT

E - TENDER No.EPRO/MM/IP/NEEM OIL/211223/137 Dt.22.11.2023

YOUR OFFER NO…………………………….. DT…………..2023

1 Name of the Tenderer

2 Address E-mail:

Mobile:

Landline:
3 Payment Term:
60 days Credit (45 days Credit to MSE vendors as per MSMED Act, against
Accepted
submission of relevant valid documents) Payment only from the date of receipt
of material, subject to acceptance thru RTGS/NEFT transfer.
4 Contract Period: (Refer Annexure 9)
“One year from the date of LOI/PO. Contract period can be extended for a period Accepted
of one year on the same terms and conditions, on mutual consent.”
5 Delivery Schedule: (Ref Annexure 9)
Initially required quantity is to be supplied within 15 days from the date of LOI /
PO and further supplies on need basis per MFL instruction only. As and when the
Accepted
material is required the same will be communicated thru email. In each such
periodical instruction thru email, material should be delivered within 15 days from
the date of email.
6 Delivery Place (Refer Annexure 9)
Accepted
MFL RMH Plant, Manali, Chennai– 600 068.
7 Delivery Term (Refer Annexure 9)
Free Delivery at MFL RMH Plant (Freight & Insurance to Vendor’s A/c) Accepted
8 Unloading at MFL (Refer Annexure 9)
Tenderer must make arrangements for unloading the material at MFL RMH Plant Accepted
site.
9 Offer Validity:
Accepted
90 days from the date of opening of Tender (ie.22.12.2023)
10 Security Deposit (Refer Annexure 8 and Annexure 15)
Accepted
5% in the event of placement of order by DD/RTGS/BG
11 LD clause (Refer Annexure 9) Accepted
12 Received Quantity (Refer Annexure 9)
Weight as recorded in MFL weighbridge or the weight declared in vendor’s Accepted
DC/Invoice whichever is less is final and is applicable for payment.
13 All other terms & conditions in Annexure – 9, 10, 11 Accepted
14 Manufacturer’s Production capacity of Neem Oil (Qty in MT) / Year
15 Import Capacity of Neem Oil (Qty in MT) / Year
16 Supplied to Urea manufacturer / Importers (Qty in MT) / Year
17 Quantity of Neem Seed procured for processing/extracting Neem oil during the last
year and current year till the date of submission of this tender. (Qty in MT)
18 GST paid on the aforesaid quantity of Neem seeds purchased during the last year
and current year till the date of submission of tender document, along with the
documentary proof.
Note: Bidder to fill in Sl. Nos. 1, 2, 14, 15, 16, 17 and 18 and upload the format signed by
authorized person with name, designation office seal along with Banker’s Solvency Certificate.

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

Seal of the organization :

 ANNEXURE 6

MODEL PRICE BID FORMAT

SUPPLY OF NEEM OIL

E - TENDER No. EPRO/MM/IP/NEEM OIL/211223/137 Dt.22.11.2023

Sl. Qty. Basic Rate per Ltr in

Description
No. (Ltrs) Rs in words & figures

SUPPLY OF NEEM OIL

(With the description as
1 given in the Annexure 4 ) 4,03,200
(including Packing,
Transportation, Transit
Insurance and Unloading)
2 GST %

3 GST in Rs.
Landed Rate at MFL per Ltr for Sl.No.1
4
(Sl.Nos.1+3)
Total Landed Value for Sl.No.1(Sl.No.4 X
5
Qty of Sl.No.1)

NOTE: A separate price bid in excel format is attached. Bidders should quote the
prices & statutory levies only in that format.

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

Bidders to note that if prices are indicated in their un-priced techno-commercial

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

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

Seal of the organization :

 ANNEXURE 7

EARNEST MONEY DEPOSIT (EMD) TERMS & CONDITIONS

1. The tenderer shall submit the Earnest Money Deposit of Rs.8,62,848/- (Rupees
Eight Lakhs Sixty Two Thousand Eight Hundred and Forty Eight Only) by way
of Demand Draft drawn in favour of “Madras Fertilizers Limited” payable at
Chennai or Insurance Surety Bond or Bank Guarantee (BG) in the MFL’s approved
format (Annexure - 13) valid for 90 Days from Tender Opening Date with a claim
period of one year from the date of validity period of BG or thru RTGS per details
furnished in (Annexure - 14).

2. In the case of EMD thru BG, Independent confirmation for having issued the BG by
the concerned banker should be sent directly to DGM-Materials Management,
Madras Fertilizers Limited, Manali, Chennai 600 068 to reach within three working
days from the due date of submission of bids.

3. NSIC / MSEs registered bidders seeking EMD exemption should enclose valid
Certificate of such Registration. They should upload the relevant Certificate copy
before the closing date and time of tender.

4. EMD shall not carry any interest.

5. EMD shall be returned / refunded to the Tenderers only after finalization of Tender.

6. Offers without EMD or valid Certificates for exemption of EMD, will not be
considered.

7. EMD shall be forfeited if the tenderer withdraws from the offer or modifies the
terms and conditions of offer, without prejudice to MFL’s rights to initiate other
legal action, for losses, if any suffered by MFL, even after forfeiture of EMD.

8. Unreturned EMD in respect of earlier tenders, if any, cannot be adjusted against

this tender.

9. Tenderers who are submitting EMD payment in the form of DD or BG / RTGS

should upload the scanned copy of the same on or before the Closing Date and
Time of the Tender. The original EMD DD / BG should be directly sent to DGM–
Materials Management, Madras Fertilizers Ltd., Manali, Chennai 600 068 with
clear superscription on the cover as “EMD For E-Tender No.
EPRO/MM/IP/NEEM OIL/211223/137 Dt.22.11.2023” within 3 working days
after the due date of submission of bids.
 ANNEXURE 8

SECURITY DEPOSIT (SD) TERMS & CONDITIONS

1. Successful tenderer irrespective of holding NSIC / MSE Certificates shall have to

make Security Deposit (SD) to the tune of 3% of Contract value ( Excluding Taxes)
within 21 days from the date of LOI / Purchase Order, by Demand Draft/Insurance
Surety Bond / RTGS or BG in MFL’s approved format (Annexure - 15) with a
validity of 60 Days beyond the date of completion of the Purchase Order / Delivery
period.Claim period should be one year from the date of validity period of BG.

2. In the case of SD thru BG, Independent confirmation for having issued the BG by
the concerned banker should be sent directly to DGM- Materials Management,
Madras Fertilizers Limited, Manali, Chennai 600 068.

3. Unreturned SD in respect of earlier tenders, if any, cannot be adjusted against this

tender.

4. The SD shall be refunded within a reasonable time after the date of completion of
the supply period subject to the contractor carrying out all the
obligations/operations as required per tender.

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

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

7. In the event of the SD being insufficient or if the SD has been wholly forfeited, the
balance of the total sum recoverable as the case may shall be deducted from any
sum then due or which any time thereafter may become due to contractor under
this or any other contract with MFL. Should that sum also be not sufficient to
cover the full amount recoverable, the contractor shall pay to MFL on demand the
balance amount due. Whenever the SD falls short of specified amount the
contractor shall submit either by DD/RTGS or by BG in approved format
(Annexure 15) so that the total amount of security deposit shall not at any time be
less than the specified amount.

8. SD shall be liable for forfeiture without prejudice to any other claims in the event of
breach of contract/failures by the contractor, if any.

9. SD shall not carry any interest.

 ANNEXURE 9

SPECIAL TERMS & CONDITIONS

1. CONSTITUTION OF THE TENDERER

After submission of offer by any tenderer and if any contract is awarded to such
tenderer based on such offer, from the date of offer and until compliance with all the
contractual obligations the tenderer/contractor shall, inform by Registered Post to
DGM-Materials Management& Commercial, Madras Fertilizers Limited, Manali,
Chennai 600068,within 24 hours, any change in the composition of the
tenderer/contractor and/or any re-constitution of the tenderer/contractor and/or
any happenings like death / resignation of any Partner / Director / Member etc., in
the tenderer/contractor organization. On receipt of such information, MFL reserves
the right to consider the offer or reject the same and/or continue or terminate the
contract, if any awarded to the tenderer.

The tenderer/contractor shall produce copy of Power of Attorney granted in favour

of the Signatory of the Tender and the Partnership Deed.

In the event of any dispute, Legal or other proceedings, by any party or parties
concerning the constitution and/or composition and/or change in the
tenderer/contractor’s organization, MFL reserves the right to initiate necessary
action as it deems fit, including termination of the contract, withholding payments
due to the tenderer/contractor etc..

The contract, if any, awarded to the tenderer/contractor shall be on the basis of

‘Principal-to-Principal Contract’ and the tenderer/contractor shall be deemed to be
in an independent tenderer/contractor engaged for the performance of service /
work / job in the manner and to the extent provided in these presents.

2. VOLUME

The quantity indicated in the tender is only tentative and the same is subject to
revision. MFL reserves the right to increase or decrease the quantity during
contract period.

3. ALLOTMENT OF QUANTITY

Required sources of supply: THREE. If the required three techno-commercially

qualified bidders are available with acceptance to the rate finalized after Reverse
Auction and/or Negotiation if any, it is proposed to allocate the quantity in the ratio
of 45%:30%:25% between R1, R2 and R3 in Reverse Auction, i.e. L1, L2 and L3 after
reverse auction.

In case, only two techno-commercially qualified bidders are available with acceptance
to the rate finalized after Reverse Auction and/or Negotiation if any, it is proposed to
allocate the quantity in the ratio of 65%:35% between R1, and R2 in Reverse
Auction, i.e. L1 and L2 after reverse auction.

In case, only one techno-commercially qualified bidder is available with acceptance

to the rate finalized after Reverse Auction and/or Negotiation if any, it is proposed to
place order for 100% quantity on such techno-commercially qualified R1 in Reverse
Auction, i.e. L1 after Reverse Auction.
4. PRICE & TERMS OF DELIVERY
Price quoted must be firm during the Tenure of the Contract. Please quote your
lowest rate for delivery of Neem Oil at MFL RMH Plant premises at Manali, Chennai
including unloading by road transport. As the offer is “Door Delivery at MFL RMH
Plant Site”, the risk in transit shall be yours.

5. INSPECTION & TESTING

Purchaser shall have the right to inspect and test goods at any time and to reject
unacceptable goods.

Notwithstanding purchaser’s acceptance or right of inspection and or any other

terms and conditions provided in the purchase order, supplier warrants that Neem
Oil is complied with the MFL Specification. The Purchase Order is issued in reliance
on the aforementioned warranty of the supplier.

6. REJECTION

All supplies should conform to specification as stipulated in Annexure 4. Tenderer

should ensure the quality before dispatching the consignment. If the material
received is not conforming to our specification, shall be liable for summary rejection.
Tenderer must make necessary arrangements for removing the rejected material
immediately and arrange to replace the same with fresh supply conforming to
specification on receipt of intimation from MFL at their risk and cost.

In case material not meeting our specification entire lot will be rejected and supplier
shall arrange to take back the material.

7. PERIOD OF CONTRACT

Contract Period shall remain in force for a period of one year from the date of LOI /
PO. Contract period can be extended for a period of one year on the same terms
and conditions, on mutual consent.

8. EVALUATION BASIS

The price bids of tenderers qualified in the techno-commercial bid alone will be
considered for price evaluation and arrival of cost and selection will be on Techno-
Commercially qualified R1 basis if Reverse Auction is conducted. Techno-
commercially qualified “L1” basis if Reverse Auction is not conducted. (Please also
refer Sl.No.24)

9. UNLOADING

Tenderer must make arrangements for unloading the material at MFL RMH Plant
site, per instruction of MFL Supervisor / Manager, concerned.
10. DELIVERY SCHEDULE:

Initially required quantity is to be supplied within 15 days from the date of LOI / PO
and further supplies on need basis per MFL instruction only.As and when the
material is required the same will be communicated thru email. In each such
periodical instruction thru email, material should be delivered within 15 days from
the date of email. The contractor must make arrangement to safely deliver the
material at MFL Manali Plant Site.

11. WEIGHMENT

Weighment will be done at MFL weighbridge. Weight as recorded in MFL weighbridge

or the weight declared in vendor’s DC/Invoice whichever is less is final and is
applicable for payment.

12. MFL SAFETY RULES & REGULATIONS

Tenderer shall strictly adhere to all the existing statutory rules and regulations and
scrupulously follow all the safety precautions, rules and regulations during the tenure
of the contract and during the delivery of the material.

Tenderer should comply with environmental instructions while delivering their

material at MFL.

Smoking inside the factory premises is very dangerous and is strictly prohibited. The
tenderer shall ensure that their workmen do not smoke inside the factory premises.

13. TERMS OF PAYMENT

 Payment will be made on 60 days Credit (45 days Credit to MSE vendors as per
MSMED Act, against submission of relevant valid documents) Payment thru’
RTGS from the date of receipt of material, subject to acceptance thru’ RTGS.
Tenderer to quote only for credit payment offering a credit period of 60 days
/ 45 days (In case of MSE’s). Payment becomes due only from the 61 st / 46th
day from the date of receipt, subject to acceptance of the material.
Tenderer/Contractor shall not be entitled for any interest on delayed
payment, where the delay is reasonable and/or due to process time and/or
force majeure situation.

 Offers with payment term such as “payment thru Proforma Invoice” or “payment
against documents thru bank” or “payment thru letter of credit” etc., will be
summarily rejected.
 Invoices to be forwarded to DGM – CA, IA T & MIS, Madras Fertilizers Limited,
Manali, Chennai 600 068. Bills submitted should be duly supported by proof of
delivery.

 Invoices should be clearly marked with MFL Purchase Order No. and date and the
tenderer’s DC No. and Date.
 Payment will be made only thru RTGS, after reckoning the credit period from the
date of receipt of bills at MFL for the accepted material.
 RTGS Form (Annexure 15) to be filled in, signed & sent along with the offer by the
Tenderer to avoid any delay in processing payment.
14. SUBLETTING & TRANSFER

Tenderer shall be solely responsible for rendering any or all the services. He shall
not sublet / transfer / assign the contract or any part thereof to others. All their
dealing with third parties shall be without reference to MFL.

15. CANCELLATION OF ORDER

Failure to comply with specification, terms & conditions or to perform or deliver as
promised shall entitle the Purchaser to cancel all or any part of this order. In the
event of such cancellation, the Purchaser shall not be required to make any payment
on such cancelled items. Nothing herein shall limit the Purchaser’s right in the
event of the failure to perform by the Seller.

16. SUMMARY TERMINATION

MFL reserves the right to terminate the contract, without giving any notice, due to
failure/breach on the part of the contractor in discharging the services under the
contractor or in the event of his becoming insolvent or going into liquidation
inclusive breach of contract. The decision of MFL on the part of the contractor, with
respect to failure and breach of contract by the contractor shall be final and binding
on the contractor and such decision shall not be called into question.
In the event of any failure on the part of the contractor MFL shall have the right
without prejudice to any other right / remedies to get the supplies thru any other
agency and the contractor shall be liable to compensate MFL for all the costs,
damages, expenses or losses if any incurred by MFL on this account

17. LAWS GOVERNING THE CONTRACT

Contract will be governed by Laws of India for the time being in force and as
amended from time to time and the Courts within whose jurisdiction the Registered
Office of the Company is situated alone will have jurisdiction.

18. DEFINITION

The term “Tender” shall mean & include the online bids and other attachments
uploaded while submitting the bids online.

“Tenderer” shall mean and include those bidders submitting their offers and/or
successful bidders entering into agreement with MFL, their Heirs, Representatives,
Executives, Administrators, Successors and their permitted assignees, as the case
may be.

“Services” shall mean and include all items of work duties / responsibilities of the
Tenderer and / or any other item of work not specified but consistent with general
terms of the contract and entrusted by MFL.

MFL shall mean and include Administrative and Executive Officers of the Company
who are authorized to deal with all matters relating to these presents on its behalf.
19. FORCE MAJEURE
The terms and conditions of the orders shall be subject to force majeure. Neither
seller nor MFL shall be considered in default of its obligation under this contract, if
such performance is prevented or delayed because of war, hostilities, revolution, civil
commotion, sabotage, strikes, lock outs, fires, floods, explosions, epidemics,
accidents, freight embargoes on export or import to India, Acts of God, Acts of
Government, should one or both parties be prevented from fulfilling their actual
obligations by the state of force majeure lasting continuously for a period of 3
months the two parties should consult each other regarding future implementation
of the contract.

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

20. ARBITRATION
Any or all disputes arising out of the contract / agreement shall be settled by mutual
discussions and in the event of failure to do so, such dispute (s) shall be referred to a
sole arbitrator, who will be appointed by mutual consent for settlement of such
dispute (s) and whose decision shall be final and binding. In the event of failure to
appoint such a sole arbitrator, with mutual consent, then the sole arbitrator will be
appointed through the high court of judicature at Madras. Subject as aforesaid, the
arbitration and conciliation act 1996 shall apply to the arbitration proceedings
under this clause and such arbitration shall be in English and take place in the city
of Chennai, Tamil Nadu.

21. COMPLIANCE WITH STATUTORY PROVISIONS

In the event of any accident causing injury or death of any workmen engaged by the
tenderer while executing such supply and/or service contracts, all
obligations/responsibilities shall rest with the tenderer and MFL shall have no
obligation whatsoever in that respect and MFL shall not be liable for any action by
third parties.
For any damage to MFL property, due to negligence by the tenderer or workmen
engaged by tenderer, the tenderer shall make good the loss suffered by MFL, on
account of such damage to MFL’s property due to such negligence.

22. VARIATION
MFL will not be bound by any general or printed provisions of tenderer’s offer. Only
MFL’s NIT Format is acceptable.

23. LIQUIDATED DAMAGES (LD Clause)

In the event of placement of order on the successful tenderer, timely execution of the
order per purchase order terms and delivery of the items within the delivery period
as stipulated in the purchase order. As and when the material is required the same
will be communicated thru email. In each such periodical instruction thru email,
material should be delivered on or before the date mentioned in the email. If the
items are not delivered on or before the delivery date specified in the purchase order
or as mentioned in the email, MFL reserves the right either to reject the material if
supplied subsequently, or to receive the material subject to imposition of penalty at
the rate of 0.5% of the invoice value for every week of delay or part thereof from the
 specified date of delivery subject to a maximum of 5% of the purchase order value.
Purchase order value includes basic order value + applicable statutory levies, and
freight & insurance if applicable. LD clause is applicable for the part of the
quantity, which is delivered late.

24. REVERSE AUCTION AND / OR NEGOTIATION / COUNTER OFFER

Will be conducted, if required.

Counter offer: Finalized rate will be offered as “Counter Offer” to other vendors, up
to maximum of 2 vendors.

25. DECLARATION IN HOLIDAY LIST/ BLACKLISTED / ARBITRATION

PROCEEDINGS.

The tenderer shall furnish a declaration that the tenderer has not been put on
Holiday list / Delisted / Blacklisted or that there is no pending litigation or any
action including arbitration proceedings against the tenderer by other companies,
especially, by MFL and any other public sector undertakings. In case of prevalence of
any such litigation or action including arbitration proceedings, tenderer shall furnish
full details of such litigation.

Where the bidder is placed in Holiday list / Blacklisted by MFL or by any other Govt.
PSUs, even if such bidder participated in the bidding process, their offer will not be
considered for evaluation. Where there is pending arbitration proceedings initiated
by MFL against any contractor / supplier is / are pending disposal, the offer of such
contractor / supplier will not be considered for evaluation.

26. SHIFTING OF QUANTITY.

MFL reserves the right to shift the quantity from non-performing vendor to
performing vendor.

27. INTEGRITY PACT

 Signing of Integrity Pact (IP) is mandatory for every Tenderer participating in this
tender. A copy of the IP is enclosed (Annexure-A), which may be deemed to have been
signed by MFL. The Tenderer(s) and MFL shall be bound by the provisions of IP in
case any complaint relating to the tender is found substantiated.

 The IP shall be executed on a plain paper and duly signed on each page by
the same signatory who signs the bid document. Any bid not
accompanied by duly signed IP by the Tenderer would be rejected.

 The Independent External Monitors (IEMs) nominated by Central Vigilance

Commission (CVC) for the tender shall be:
(1). Shri Aditya Kumar Mittal, IRSE (Retd.)
Contact No. +91 9560527000, e-mail: [email protected]
(2). Shri Ashwani Kumar Mehta, IRS (Retd.)
Contact No. +91 9819899925, e-mail: [email protected]

Any tender related complaint, for tenders covered under Integrity Pact having value of
Rs.2 (Two) crore and above, may be addressed to the Independent External Monitors
(IEMs).
 ANNEXURE 10

GENERAL TERMS & CONDITIONS

1. Conditional offers will not be considered.

2. Rate quoted should be valid for a period of 90 days from the date of opening of Bids.
Other commercial terms should be kept firm till the completion of the contract /
execution of the purchase order, except statutory levies. Revision, if any, in the
statutory levies will be applicable, subject to adherence to other commercial terms
like “delivery period”, etc.

3. In the event of placing the order, the tenderer should strictly adhere to the delivery
date and should accept to deliver the ordered items on or before the delivery date as
mentioned in the purchase order or as advised by MFL

4. Any unsolicited letter / fax / e-mail on price / other terms revision will not be
entertained and such tenderers are liable to be disqualified from tender.

5. Any offer received against this tender from sister / associate concern and/or offers
received after the due date will be summarily rejected

6. Canvassing in any form is strictly prohibited and the tenderers who resort to
canvassing in any form shall be disqualified.

7. MFL will not be bound by any general/printed provisions of Tenderer’s offer.

8. Tenderer should clearly indicate the GST %& HSN Code, wherever applicable. In
case of any change in the GST, the same will be applicable from the effective date of
implementation.

9. MFL shall have the right to inspect and test goods at any time and to reject
unacceptable goods. The tenderer shall arrange collection of the rejected materials
from MFL at his cost.

10. Notwithstanding purchaser’s acceptance or right to inspection and / or any other

terms and conditions provided in the purchase order, tenderer warrants that all
goods supplied hereunder are free from any defects in design materials and
workmanship and that they fully comply with the specifications. Purchase order will
be issued in reliance on the aforementioned warranty of the tenderer.

11. Demurrage, other expenses incurred owing to the tenderers not complying with the
purchaser’s instruction will be to the tenderer’s account.

12. The enquiry shall not be assigned to anybody by the tenderer without obtaining the
prior written consent of MFL.
13. Tenderer warrants that the goods described herein, and sale or use of them will not
infringe any patent and tenderer covenants that he will defend at his own cost and
expense every act which may be brought against the purchaser or against those
selling or using the purchaser’s products for any alleged infringement of any patent
by reason of the sale or use of such articles and tenderer agrees to pay all costs,
damages, liens and profits recoverable in any such action.

14. Eligible NSIC registered Micro Small& Medium Enterprises (MSE’s) participating in
this tender and quoting price within L1 + 15% may be considered at the sole
discretion of MFL. Such bidders may be allowed to supply up to 25% of the Purchase
Order value, where it is feasible to place order on more than one bidder by splitting
the quantity, provided such bidder is prepared to bring down the price equal to or
less than the L1 price quoted by the Non-MSE.

15. MFL reserves the right to accept or reject any or all the tenders or any part thereof
without assigning any reason whatsoever.

16. Any other guideline as issued by GOI from time to time is applicable.


 ANNEXURE 11
TENDERER UNDERTAKING

THE TENDERER HEREIN

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

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

 Confirms that awarding of the contract/purchase order based on the bids of the
tenderer is the sole discretion of MFL

 Undertakes to honour the bid(s), which is legally binding on, if the

contract/purchase order is awarded to the tenderer.

 Accepts EMD and SD clauses and agrees for invocation of the respective clause(s)
in case of non-fulfillment of commitment.

 Declares that M/s National Informatics Centre provided the training to participate
in e-tender.

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

 Agrees to update any changes made in the tenders & subsequent corrigendum from
the e-Tendering portal of M/s National Informatics center.

 The tenderer shall furnish a declaration that the tenderer has not been put on
Holiday list / Delisted / black-listed or that there is no pending litigation or any
action including arbitration proceedings against the tenderer by other companies,
especially, by MFL and any other public sector undertakings. In case of prevalence
of any such litigation or action including arbitration proceedings, tenderer shall
furnish full details of such litigation. (Refer clause 25 of Annexure 9)

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

Company’s Seal :
 ANNEXURE 12

INFORMATION ABOUT TENDERER

Sl. To be Filled in by Tenderer
Information Required
No.
1 Name of the Tenderer
2 Address of Registered Office and Branches
3 Address and Phone Number, Fax Number,
Email ID etc.
Composition of Tender (here state whether it
4 is Hindu Joint Family Business,
Proprietorship concern or Registered
Partnership or a Limited Company)
Name of the Kartha in case of Hindu joint
family business, or the name of the proprietor
in the case of proprietorship or the name of
5 the partners in the case partnership firm or
the name of the Managing Director in the
case of limited companies should be
furnished.
In case of change in composition and change
of the partner or proprietor, the same should
be intimated to MFL in writing, well in
6
advance with required documents. In such
case of changes, MFL reserves the right to
terminate or to continue the contract
7 Nature of normal business of the tenderer
8 GST Registration No.
9 Details of Turnover
10 Copy of PAN Card and last 3 years IT Return
with acknowledgment order to be attached
11 Last Three years statement of Accounts with
Balance Sheet.
12 Manufacturer’s Production capacity of Neem
(Qty in MT)
Oil / Year
13 Import Capacity of Neem Oil /Year (Qty in MT)
14 Supplied to Urea manufacturer / Year (Qty in MT)

15 Supplied to Importer or Exporter/ Year (Qty in MT)

Quantity of Neem Seed procured for
processing/extracting Neem oil during the (Qty in MT)
16
last year and current year till the date of
submission of this tender.
GST paid on the aforesaid quantity of Neem
seeds purchased during the last year and
17 current year till the date of submission of
tender document, along with the
documentary proof.
Note: Copies of documents are required to be attached for Sl.No. 7 to 17.
 ANNEXURE 13

FORMAT FOR BANK GUARANTEE FOR FURNISHING EMD

Whereas ………………………………………………………….. (herein after called the

‘tenderer”) has submitted their offer dated …………………………………for the supply of
………………………………………………..…………………………… (hereinafter called the
“tender”) against the purchaser’s tender enquiry No…………………………………….. KNOW
ALL MEN by these presents that WE ……………………………………………….. of
………………………..having our registered office at ………………………………… ……………
are bound unto Madras Fertilizers Limited (hereinafter called the “Purchaser”) in the sum
of Rupees ……………………. ………………………………… …………………………………………..
for which payment will and truly to be made to the said Purchaser, the Bank binds itself,
its successors and assigns by these presents. Sealed with the Common Seal of the said
Bank this ……………….. day of …………. 20……

THE CONDITIONS OF THIS OBLIGATION ARE:

1 If the tenderer withdraws or amends, impairs or derogates from the tender in any
respect within the period of validity of this tender.
2 If the tenderer having been notified of the acceptance of his tender by the Purchaser
during a period of its validity:-
a) If the tenderer fails to furnish the Performance Security for the due performance
of the contract.
b) Fails or refuses to accept /execute the contract.

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

This guarantee shall remain in force until ______________ and unless a demand or claim
under this guarantee is received by us in writing on or before ___________, all your rights
under the said guarantee shall be forfeited and we shall be deemed relieved and
discharged from all liabilities there under.

…………………………………..
(Signature of the authorized officer of the Bank)
…………………………………………………
…………………………………………………
Name and designation of the officer
…………………………………………………
Seal, name & address of the Bank and address of the Branch.
ANNEXURE 14
 ANNEXURE 15

BANK GUARANTEE FOR FURNISHING SECURITY DEPOSIT

In consideration of the Madras Fertilizers Limited, Manali, Chennai 600 068 (Hereinafter
called “the Company”) having agreed to exempt
__________________________________________(hereinafter called “the said Contractor (s)”)
from the demand under the terms and conditions of an agreement dated
_________________________ , Purchase Order No._____________ dated _____________ made
between Madras Fertilizers Limited and __________________________________ for supply of
______________________________ (hereinafter called “the said agreement”) of a Security
Deposit for the due fulfillment by the said contractor(s) of the terms and conditions
contained in the said agreement, on production of Bank Guarantee for Rs.__________
(Rupees______________________________________________).We
____________________________(Hereinafter referred as “Bank”) at the request of
______________________ do hereby undertake to pay to the company an amount not
exceeding Rs._________ (Rupees ________________________________) against any loss or
damage caused to or suffered or would be caused to or suffered by the Company by
reason of any breach by the contractor(s) of any of the terms and conditions contained in
the said agreement.
We ____(bank)______________________ do hereby undertake to pay the amounts due and
payable under this guarantee without any demur, merely on a demand from the company
stating that the amount claimed is due by way of loss or damage caused to or would be
caused to or suffered by the company by reason of any breach by the said contractor(s) of
any of the terms or conditions contained in the said agreement or by reason of the
contractor(s) failure to perform the said agreement. Any such demand made on the bank
shall be conclusive as regards the amount due any payable by the bank under this
guarantee. However, our liability under this guarantee shall be restricted to an amount
not exceeding Rs. _________ (Rupees___________________________). We undertake to pay to
the company any money demanded not withstanding any dispute raised by the
contractor(s) / tenderer(s) in any suit or proceeding pending before any court or tribunal
relating thereto liability under this present being absolute and unequivocal. The payment
so made by us under this bond shall be a valid discharge of our liability for payment there
under any contractor(s)/tenderer(s) shall have no claim against us for making such
demand.
We ________(Bank)_________ further agree that the guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance
of the said agreement and that is shall contained to be enforceable till all the dues of the
company under or by virtue of the said agreement have been fully paid. And its claim
satisfied or discharge or till the company certifies that the terms and conditions of the
said agreement have been fully and properly carried out by the said contractor(s) and
accordingly discharges this guarantee. Unless a demand or claim under this guarantee is
made on us in writing on or before __(date)______. We shall be discharged from all liability
under this guarantee thereafter. We ______(bank)_________ further agree with the
company that the company shall have the full cut liberty without our consent and without
affecting in any manner or obligation hereunder to vary any of the terms and conditions of
the said agreement or to extend time of performance by the said contractor(s) from time to
time or to ;postpone for any time or from time to time any of the powers exercisable by the
company against the said contractor(s) and forbear or enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation or extension being granted to the said contractor(s) or for
any forbearance or omission on the part of the company or any indulgence by the
company to the said contractor(s) or by any such matter or thing whatsoever which under
the law relating to sureties would, but for this provision have effect or so relieving us.
This guarantee will not be discharged due to the change in the constitution of the bank or
the contractor(s)/tenderer(s).
We, ________(bank)_________, lastly undertake not to revoke this guarantee during its
currency.
Notwithstanding anything contained this bank guarantees our liability under this
guarantee is restricted to Rs.________ (Rupees _________________). Our guarantee shall
remain in force until ______________ and unless a demand or claim under this guarantee
is received by us in writing on or before ___________, all your rights under the said
guarantee shall be forfeited and we shall be deemed relieved and discharged from all
liabilities there under.
The beneficiary is bound to seek confirmation from the Regional Office whose address is
mentioned below in respect of the geniuses and authenticity of the Bank Guarantee.
(Signature of the authorized officer of the Bank) ----------------------------------------
Name and designation of the officer …………………………………………………
Seal, name & address of the Bank and address of the Branch.
 ANNEXURE 16

MADRAS FERTILIZERS LIMITED

BANK DETAILS & AUTHORISATION FOR RTGS/NEFT PAYMENT
REQUIRED DETAILS TO BE FURNISHED BY THE VENDOR
VENDOR NAME
ADDRESS

TELEPHONE NO. FAX No.

EMAIL ID
CONTACT PERSONS’S Designation :
NAME
MOBILE NO.
EMAIL ID
COMPANY’S PAN NO.
IMPORT EXPORT CODE
BANK ACCOUNT NO.
VENDOR’S BANK NAME
BANK ADDRESS /
PHONE NO.
VENDOR’S BANK CODE GRPT
(MICR) NO. CODE
VENDOR’S BANK NEFT
ACCOUNT NO. CODE
RTGS
CODE
BANK SWIFT CODE (For
foreign vendors)
Type of Account Saving Acct / Current Acct. (Strike out which
is not applicable)

ARE YOU A Manufacturer Dealer Agent Woman SC/ST

YES / NO YES / NO YES / NO YES / NO YES / NO
CATEGORY OF THE A. Micro B. Small C.Medium
FIRM
REGISTERED WITH GST No. SSI No. MSME No. OTHERS
NUMBER
We hereby authorize Madras Fertilizers Limited to make all the payments due to us with
respect to above referred Enquiry through RTGS/NEFT Transfer
Place: Signature of Authorized Signatory:
Date: Name:
SEAL: Designation:
(To be filled by MFL in case of ordering)
MFL Purchase Order No.
RTGS-Real Time Gross Settlement Code NEFT-National Electronic Funds Transfer
IFSC- Indian Financial System Code
 ANNEXURE 17

(TO BE FURNISHED IN YOUR COMPANY’S LETTER HEAD)

Date:

To

Madras Fertilizers Ltd

Manali,
Chennai 600068

Sub: Not delisted certificate

We, ___________________________________ (Company Name), hereby declare that we

have not put on Holiday list / Delisted / Black Listed or that there is no pending
litigation or any action including arbitration proceedings against the tenderer by
other companies, especially, by MFL and any other public sector undertakings.

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

Company’s Seal :
 Annexure 18
INTEGRITY PACT

Between

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

And

…………………………………………………… hereinafter referred to as "The

Bidder/Contractor/Supplier"

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for
Procurement of Neem Oil. e-Tender No.EPRO/MM/IP/NEEM OIL/211223/137
Dt.22.11.2023. The Principal values full compliance with all relevant laws and regulations, and
the principles of economic use of resources, and of fairness and transparency in its relations with
its Bidder/s, Contractor/s and Supplier/s.

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

Section 1 - Commitments of the Principal

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

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

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

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

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

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

Section 2 - Commitments of the Bidder / Contractor/Supplier

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

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

b) The Bidder / Contractor/Supplier will not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contracts, submission or
non-submission of bids or any other actions to restrict competitiveness or to
introduce cartelisation in the bidding process
 c) The Bidder / Contractor/Supplier will not commit any offence under the relevant
Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use
improperly, for purposes of competition or personal gain, or pass on to others, any
information or document provided by the Principal as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically.

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

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

Section 3 - Disqualification from tender process and exclusion from future contracts

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

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

Section 2 such as to put his reliability or credibility into question, the Principal is also
entitled to exclude the Bidder / Contractor/Supplier from future contract award processes.
The imposition and duration of the exclusion will be determined by the severity of the
transgression. The severity will be determined by the circumstances of the case, in particular
the number of transgressions, the position of the transgressors within the company
hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a
minimum of 6 months and maximum of 3years.

(2) A transgression is considered to have occurred if the Principal after due consideration of the
available evidences, concludes that no reasonable doubt is possible.

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

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

Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover from the Bidder
liquidated damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled to
demand and recover from the Contractor/Supplier liquidated damages equivalent to Security
Deposit / Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject
only to condition that if the Bidder / Contractor/Supplier can prove and establish that the
exclusion of the Bidder from the tender process or the termination of the contract after the
contract award has caused no damage or less damage than the amount of the liquidated
damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent
of the damage in the amount proved.
Section 5 - Previous Transgression

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

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

Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors

(1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a

commitment in conformity with this Integrity Pact, and to submit it to the Principal before
contract signing.

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

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

Section 7 – Punitive Action against violating Bidders / Contractors /

Suppliers/Subcontractors

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

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

Section 8 - Independent External Monitors

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

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

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

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

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

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal
within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and,
should the occasion arise, submit proposals for correcting problematic situations.
 ANNEXURE 19

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

S.no Clause Subject

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

"For this procurement, Public Procurement (Preference to Make in

India), Order 2017 dated 15.06.2017, 28.05.2018, 29.05.2019
& 20.06.2020 and subsequent Orders issued by the respective Nodal
Ministry shall be applicable even if issued after issue of this NIT but
before finalization of contract/ POI WO against this NIT. In the event of
any Nodal Ministry prescribing higher or lower percentage of purchase
preference and/ or local content in respect of this procurement, same
shall be applicable."
Preference to Make in India including counter offering will be as per
the Public Procurement (Preference to Make in India), Order 2017
available in the following links:
https://dipp.gov.in/public-procurements
https://dipp.gov.in/sites/default/files/PPP-MII-ORDER-
2017_15062018_0.pdf
https://dipp.gov.in/sites/default/files/Revised-PPP-MII-Order-
2017_28052018.pdf
https://dipp.gov.in/sites/default/files/PPP-
MII%20Order%20dt%2029th%20May%2019_0.pdf
https://dipp.gov.in/sites/default/files/PPP%20MII%20Order%20dated
%204th%20June% 202020.pdf
https://dipp.gov.in/sites/default/files/PPP%20MII%20Order%20dated
%2016%2009%202020.pdf

Certification (as applicable) giving the percentage of local content, in

line with PPP-MII order, to be submitted as per attached Annexure-A.

In case of participation by MSMEs and Make in India (Local content)

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

In case, a bidder is eligible to seek benefit under Purchase PP-LC

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

The onus of submission of appropriately certified documents lies with

the bidder and MFL shall not have any liability to verify the contents
and will not be responsible for the same. However, in case MFL has any
reason to doubt the authenticity of the Local Content, MFL reserves the
right to obtain the complete back up calculations before award of
contract failing which the bid shall be rejected.
Attention is invited to Order (Public Procurement No.1) issued vide F.6/18/2019- PPD dated
23.07.2020, Order (Public Procurement No. 2) issued vide F.6/18/2019-PPD dated 23.07.2020,
Order (Public Procurement No. 3) issued vide F.6/18/2019-PPD dated 24.07.2020, Office
Memorandum (OM) No. F.18/37/2020-PPD dated 08.02.2021, OM No. F.12/1/2021-PPD(Pt.) dated
02.03.2021 and OM No. F.7/10/2021-PPD dated 08.06.2021. In this regard, the following is hereby
ordered under Rule 144(xi) (as amended vide OM No. F.7/10/2021-PPD dated 23.02.2023) on the
grounds stated therein, in supersession to all of the above mentioned Orders/ clarifications:

S.no Clause Subject

2 As mentioned
I. I. Any bidder from a country which shares a land border with India
above will be eligible to bid in any procurement whether of goods, services
(including consultancy services and non-consultancy services) or
works (including turnkey projects) only if the bidder is registered with
the Competent Authority. Further, any bidder (including bidder from
India) having specified Transfer of Technology (ToT) arrangement with
an entity from a country which shares a land border with India, shall
also require to be registered with the same competent authority.
II.
III. II. “Bidder” (including the term ’tenderer’, ‘consultant’ or ’service
provider’ in certain contexts) means any person or firm or company,
including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial
juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency branch or office controlled by such
person, participating in a procurement process.

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

IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the
beneficial owner is the natural person(s), who, whether acting
alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control
through other means.
Explanation—
a. “Controlling ownership interest” means ownership of or
entitlement to more than twenty-five percent of shares or
capital or profits of the company;
b. “Control” shall include the right to appoint majority of the
directors or to control the management or policy decisions
including by virtue of their shareholding or management
rights or shareholders agreements or voting agreements;
 2. In case of a partnership firm, the beneficial owner is the natural
36
person(s) who, whether acting alone or together, or through one or
more juridical person, has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting
alone or together, or through one or more juridical person, has
ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of
individuals;
4. Where no natural person is identified under (1) or (2) or (3) above,
the beneficial owner is the relevant natural person who holds the
position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall
include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and
any other natural person exercising ultimate effective control over
the trust through a chain of control or ownership.

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

represent another in dealings with third person.

VI. The successful bidder shall not be allowed to sub-contract works to

any contractor from a country which shares a land border with
India unless such contractor is registered with the Competent
Authority.

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

VIII. If the bidder was validly registered at the time of acceptance /

placement of order, registration shall not be a relevant
consideration during contract execution

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

List of countries to which lines of credit have been extended or in

which development projects are undertaken are available on the
Ministry of External affairs website https:// www.mea .gov.in/

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

dated 23.07.2020 regarding restrictions under Rule 144 (XI) of the
General Financial Rules (GFRs), 2017 to be submitted on the bidder's
letterhead as per Annexure-(B) or Annexure-(C) - as applicable.

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

Signature and Seal of the Company

37
38
39
 40

ANNEXURE 20

BENEFITS TO MICRO AND SMALL ENTERPRISES (MSEs)

With reference to the Order of the Ministry of MSME, under the Public Procurement Policy
March 2012, Micro and Small Enterprises shall be entitled for benefits, subject to terms and
conditions, as under:

a) Qualifying Criteria for MSEs, SC/ST vendors, Women owned MSEs:

i. MSE bidders must submit registration certificates from any of the following (or any other
body specified by the Ministry of MSME):

 National Small Industries Corporation (NSIC)

 District Industries Centres (DIC)
 Coir Board
 Khadi and Village Industries Commission(KVIC)
 Khadi and Village Industries Board (KVIB)
 Directorate of Handicrafts and Handloom
 Aadhar Udyog Memorandum

ii. SC/ST owned enterprises (i..e. SC/ST proprietorship, or holding minimum 51% shares in
case of Partnership/ Private Limited Companies) shall additionally submit relevant SC/ST
certificates issued by any of the following:

 District/ Additional District Magistrate/Collector/Deputy Commissioner/ Additional

Deputy Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/Sub -
divisional Magistrate/Taluka Magistrate/Executive Magistrate /Extra Assistant
Commissioner
 Chief Presidency magistrate/Additional Chief Presidency magistrate /
Presidency magistrate
 Revenue Officer not below the rank of Tehsildar
 Sub-divisional Officer of the area where the individual and/or his family normally
resides

iii. Women owned MSEs (i.e. Woman proprietorship, or holding minimum 51 % shares in case
of Partnership / Private Limited Companies) bidders must submit additionally submit certificate
from any of the following:

 Aadhar Udyog Memorandum

 National Small Industries Corporation (NSIC)
 Certificate/ document mentioning women as owner of MSE

iv. The registration shall be valid as on date of placement of order. A self-attested photocopy of
the relevant certificate shall be submitted as a Support document.

v. The registration must he for the items/category of items/services relevant to the tendered
items/category of items/ services.

b) Purchase Preference for MSE:

In tenders, where the Ll (evaluated price) bidder is a non- MSE, up to 25% of the tendered
quantity shall be allowed to be supplied by participating MSEs provided that the tendered
quantity is divisible into two or more orders and adequate for the purpose; all qualifying bidders
have agreed for acceptance of part order quantity and participating MSE matches the Ll rate.
 41

A share of 4% out of this 25% shall be allowed to be supplied by participating MSEs owned by
Scheduled Cast/Scheduled Tribe entrepreneurs. In the case of an SC/ST owned MSE failing to
participate in the tender or not meeting the tender requirements, this 4% sub-target shall be met
by other participating MSEs.

A share of 3% out of this 25% shall be allowed to be supplied by participating MSEs owned by Women
entrepreneurs. I.n the case of Women owned MSEs failing to participate in the tender or not meeting
the tender requirements, this 3% sub- target shall be met by other participating MSEs.

The above shall be subject to that the participating MSE (including SC/ST and women owned
MSEs) bidders shall have quoted a price within + 15% of the Ll bid price and further that they shall
agree to match their quoted price with the LI price.

In case that two or more MSEs are within the Ll + 15% band, all such MSEs will be offered the
opportunity to match the LI rate and 25% of the order will be shared equally by them.

Where the MSE is SC/ST owned, they shall be exclusively awarded a share of 4% of the above 25%
and where the MSE is Women owned, they shall be exclusively awarded a share of 3% of the above
25%, in addition to equally sharing the balance 18% with other non-SC/ST MSEs.

In case of more than.one SC/ST MSEs matching the Ll price, they shall equally share 41% of the
order, and additionally share the balance 18% with other non-SC/ST, non-women MSE bidders.
.
In case of more than one Women MSEs matching the L1 price, they shall equally share 3% of the
order, and additionally share the balance 18% with other non-SC/ST, non- Women MSE bidders.

c) E xemption from Earnest Money Deposit (EMD) / Tender cost and Security Deposit (SD) for
M SE:

i. Tender document shall be at free of cost and tender documents can be downloaded from the
website of Madras Fertilizers Limited (MFL) (www.madrasfert.co.in) and the Central Public
Procurement (CPP) Portal (http://eprocure.gov.in/eprocure/app).

ii. MSE units qualifying as at (a) above shall be exem pt from paying EMD.

iii. No exemption shall be allowed for the submission of Security Deposit/Performance Bank
Guarantee, if applicable in the particular tender.

Notes:
i. The above benefits shall be allowed to only manufacturing Micro and Small Enterprises and not to
traders/ agents for supply of material/stores. This includes the procurement of items from the
list of specifically reserved 358 items for MSE as per the Policy.

Signature Not Verified

Digitally signed by A MADHAN MOHAN
Date: 2023.11.22 14:05:23 IST
Location: eProcure-EPROC