NFL/CMO/IMPORT/Loadport Surveyor/ /15 DATE: 27th June, 2017

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1 NFL/CMO/IMPORT/Loadport Surveyor/ /15 DATE: 27th June, 2017 NOTICE FOR EMPANELMENT OF INTERNATIONALLY REPUTED INDEPENDENT THIRD PARTY INSPECTION AGENCIES/ SURVEYORS FOR INSPECTION OF ALL TYPES OF FERTILIZERS AT OVERSEAS LOADPORTS TENDER NO. : TENDER TYPE : EMPANELMENT TENDER CLOSING DATE & TIME : 19 th JULY, 2017 AT 1400 HRS. IST TENDER OPENING DATE & TIME : (Empanelment) 19 th JULY, 2017 AT 1430 HRS. IST SEALED DOCUMENTS DULY SUPERSCRIBED WITH TENDER NO. AND DUE DATE TO BE ADDRESSED TO: GENERAL MANAGER (MKTG.) NATIONAL FERTILIZERS LIMITED, CORPORATE OFFICE A-11, SECTOR-24, NOIDA DIST. GAUTAM BUDH NAGAR (UP) INDIA TEL.: , , to 08 FAX: , imports@nfl.co.in 1

2 Notice Inviting Tender-Empanelment Brief of Company:-National Fertilizers Limited (NFL) is an Indian Public Sector Undertaking under Ministry of Chemicals and Fertilizers. NFL imports/ intends to import DAP, MOP, VARIUOS GRADES OF NPKS-COMPLEX FERTILIZERS, TECHNICAL GRADE UREA, ZINC SULPHATE, SSP, BENTONITE SULPHUR, AMMONIUM SULPHATE and other types of fertilizers. We regularly source fertilizers both in bulk and in container loads from different countries. National Fertilizers Limited (NFL) seeks applications from experienced Internationally Reputed Independent Third party Inspection Agencies/ Surveyors for undertaking Loadport Survey, Inspection and Analysis of different type of fertilizers as mentioned above in bulk as well as in container loads at various loadports all over the world. NFL hereby invites applications on your company s letterhead on following terms and conditions:- 1 SCOPE OF WORK Empanelled/nominated Inspection agency has to ensure completion of all jobs/scope of work as per NFL s tender/purchase orders from time to time and shall not be limited to jobs illustrated hereunder. a) Pre shipment inspection at the overseas loadports, providing daily loading reports, sampling, quality testing/analysis, providing relevant Quality/other Certificates as requested by NFL and/or specified in NFL s purchase contracts of the fertilizers, in bulk and/or in container loads, to be loaded at various loadports all over the world, as and when imported by NFL. b) The quality inspection shall include two fertilizer samplings i.e. One at/before the start of loading (either from plant or from stock pile/port Warehouse/Party s warehouse at Port area) and second on completion of loading and sample drawn from composite sample prepared based on samples drawn on daily basis. Before the vessel takes berth, Surveyors to intimate NFL name and details of inspectors who will conduct the inspection. Inspectors to intimate NFL on the arrival of the vessel at loadports, NOR tendered, NOR accepted, loading commenced, loading status, stoppages, departure of the vessel, etc. on daily basis. In addition The Surveyors will be required to provide following information/reports at various stages during the course of shipment as follows:- i. Prior to commencement of loading, Inspectors will inspect hatches, holds and the hatch covers to determine the suitability of vessel for carrying fertilizers. ii. The inspector will be present throughout loading period. Surveyors are required to provide daily report with supporting photographs clicked at the spot on loading status, disruptions in loading along with its duration and reasons for the same. iii. Inform System of loading the cargo (by conveyors / grabs/ barges, etc.). iv. Inform Weather conditions prevailing during the time of loading Physical condition and colour of the cargo to be in confirmation with NFL purchase contract with the supplier. v. Whether there was any scope for moisture absorption by the cargo on way from factory to ship. If so, state measures taken by suppliers for 2

3 protecting the cargo. vi. During the course of loading, if any development such as rain/snow fall, admixture of foreign material, etc. takes place which is likely to affect the quality & weight of the cargo, the same should be notified promptly to NFL. vii. In case of stoppage in loading due to unforeseen events, whether the supplier took adequate steps to protect the cargo at the time of loading and after loading and to minimize the losses. viii. Confirmation that representative sample were taken as per contract clause and submitted to laboratory. ix. Certificate of confirmation in triplicate that the product is loaded is from single source (plant) and is uniform in prill size, color and free flowing c) Samples to be drawn as per procedure stipulated in FCO (Fertilizer Control Order), 1985 & amendments thereof from time to time and/or purchase contracts entered into between NFL and the suppliers. All sub lot samples should be thoroughly mixed and riffled to make a composite sample for the analysis. The official composite sample obtained may be divided into 4 equal parts one part each by means of riffling that package of fertilizer obtained from all increments. One of the 4 parts is for analysis by the inspection agency, one to be made available to the seller upon request, and of the remaining 2 such parts one shall be retained by the inspection agency for a minimum period of 6 months for possible use by a reference chemist and one part is to be forwarded to NFL/agency nominated by NFL. Analysis should be done by the inspection agency in their own accredited Laboratory or others accredited labs of the country (where Port is situated) by qualified chemists. The sample will be analyzed as per the analytical procedure stipulated in FCO (Fertilizer Control Order), 1985 and Amendments thereof for conforming to the FCO specifications and as well as specifications mentioned in purchase contracts/po/loi entered into between NFL and the suppliers. After analysis of samples, inspectors should indicate the specifications of material and whether it is in conformity with contractual specifications. Any deviation should be clearly brought out and to be intimated to NFL at once. Name of the Laboratory where analysis is conducted should be mentioned. d) REPORT AND CERTIFICATION: Upon analysis of the material for each shipment, certificate of inspection shall be issued by the Inspection Agency to the buyers. The inspection agency shall ensure that the certificates are made available promptly by in any case not later than a period of 7 days from the date of sailing for composite analysis and within 3 days of date of 1 st sample withdrawn/pre-load inspection sample withdrawn. 2 CARGO CARGO Bulk/Containerized. Containerized 3 SPECIFICATIONS As per Indian FCO (Fertilizer Control Order), 1985 and Amendments thereof from time to time. And /Or as provided by NFL. 3

4 4 Pre-QUALIFICATION CRITERIA The applicant should meet the pre-qualification criteria as per Annexure-I and should submit the supporting documents accordingly. 5 BID SECURITY AND PERFORMANCE BANK GURANTEE 6 INSPECTION CHARGES/RATES PER ANNEXURE-IV AS Empanelled parties at the time of submission of price bid as per Annexure-II, shall submit Bid money of Rs. 50,000/- (Rupees Fifty Thousand only) in the form of a demand draft payable in favour of NFL payable at New Delhi or through swift transfer for US$800(US Dollar Eight hundred only). The Bid money shall be converted into a Performance Guarantee amount on award of the contract and shall remain with NFL for 30 months from the date of commencement of the contract. The EMD shall not carry any interest. Bidders whose EMD is lying with NFL for refund against any previous tender, shall have the option not to submit fresh EMD again and can make request for adjustment of the same under this tender. EMD may also be submitted in INR/SWIFT through NEFT mentioning reference of Tender No: IMPNPKK201718/XX The Bank Details are as follows: STATE BANK OF INDIA, COMMERCIAL BRANCH, N-3, Ist & IInd Floor, South Extension, Part-I, New Delhi IFSC SBIN , Current.A/C NO , SWIFT CODE: SBININBB220, MICR CODE: EMD of non-empanelled bidders shall be refunded once empanelment process is completed. The EMD shall be refunded without any interest. a) Empaneled agencies shall be asked to quote inspection charges/rates as per annexure-ii before award of contract for each vessel with confirmed load port. The Work/Purchase order shall be issued to that empaneled agency who would quote lowest rates for the fertilizer being handled at indicated load port. b) The rates are to be quoted in US$ or Cents per Metric Tonne (all exclusive of taxes applicable in India) separately for different fertilizers as per format at Annexure II. c) Offers of only those empaneled agencies shall be considered who shall be meeting the criteria as specified at 9i Two (2) years from date of empanelment. Extension by one year after expiry of 2 years at sole discretion of NFL. 7 TERM OF EMPANELMENT 8 PAYMENT Payment of inspection charges will be made by NFL within 30 days after presentation of requisite documents viz. Invoices in triplicate along with originals of various certificates including Certificate of Quality, Certificate of Inspection, Certificate of Cleanliness of holds, photographs of different activities at Loadport etc. 9 GENERAL TERMS a. All tender documents shall be in English language. All other information shall also be supplied by the tenderer in English language. All quoted prices shall be indicated by tenderer both in figures and words and where there is difference between quoted in figures and quoted in words, the prices quoted in words shall prevail. Tenders should be duly signed on all 4

5 10 Disputes / Arbitration (In English language only) pages by the tenderers or by legally authorized representative, in longhand along with the firm s/ company s seal. No oral, telephonic or tenders or modifications in the tenders shall be considered under any circumstances. All tenderers are requested to submit their tenders strictly as per the instructions as cited hereinafter in this document. b. If a tenderer resorts to any frivolous, malicious or baseless complaints/ allegations with intent to hamper or delay the tendering process or resorts to canvassing/ rigging/ influencing the tendering process, NFL reserves the right to debar such tenderer from participation in the present/ future tenders up to a period of 2 years. c. NFL reserves the right to reject the offer or to accept any portion of the application and to appoint more than one inspection agency in each country/port without assigning any reason. d. Incomplete applications are liable to be rejected. e. Empanelment shall be done product wise and country wise and limited inquiry for the vessel shall be sent accordingly. f. NFL reserves the right to negotiate with L1 bidder. g. NFL does not commit for any assured business and it shall be at NFL s discretion to appoint any Inspection agency at any/all loadport(s). h. TDS/Withholding tax shall be deducted as per statutory requirement. i. The supporting documents as specified in Pre-Qualification Criteria (Annexure-I) can be submitted in physical form in a sealed envelope to be dropped in tender box placed at NFL s office as mentioned in 1 st page of NIT. j. The Inspection business allocation among empanelled Inspection agencies shall be subject to the condition that they are not assigned same job for the vessel nominated for, by any other party than NFL. FOR INDIAN PARTIES Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to Chairman & Managing Director, National Fertilizers Limited for appointment of Arbitrator. The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act,1996, The Arbitration & Conciliation (Amendment Act 2015) or any further statutory modification or re-enactment thereof and the rules made thereunder. If the arbitrator to whom matter is referred, vacates his/her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his predecessor left or at any such stage he may deem fit. It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the 5

6 disputes/differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate SBI PLR/Base Rate applicable to NFL on the date of award of contract. Foreign Vendors/Parties All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, India by one or more arbitrators appointed in accordance with the said Rules. 11 Jurisdiction The CONTRACT shall be deemed to have been entered into at New Delhi and all causes of action in relation to the CONTRACT will thus be deemed to have arisen only within the jurisdiction of the Delhi Courts to the exclusion of all other courts. 12 Governing Law The contract shall be construed and governed by Indian Law. 6

7 ANNEXURE - I Pre-Qualification Criteria for empanelment The pre-qualification criterion for empanelment is as under (documents to be uploaded on NFL s e-tender website/submitted physically: Sr Pre-Qualification Criteria - Description Supporting Documents to be submitted by the Bidders 1 The bidder/applicant should have Membership of Copy of recent active membership of International Federation of Inspection Agency (IFIA). International Federation of Inspection Agency 2 The bidder/applicant should have offices/ presence in major fertilizer exporting countries especially in Iran, Bahrain, Saudi Arabia, Morocco, Jordan, China, Ukraine, Vietnam, AG Countries, CIS Countries. 3 The bidder/applicant should have fertilizer inspection and quality analysis laboratories at major loadports all over the world with equipment conforming to state of the art technology. In case the Laboratories are not owned by the bidder, copy of an agreement with the Laboratory owner along with valid Accreditation Certificates, are required to be submitted. All the laboratories must be fully accredited (local standards + ISO 17025) by concerned Accreditation associations/bodies in respective countries e.g. China National Accreditation Service for Conformity Assessment for China, AAC Analitice for Russia. 4 In case, bidder has applied for qualifications for Iranian ports than the bidder/applicant should have Valid inspection authorization issued by Iranian National Standardization Organization (INSO) or equivalent agency may be submitted, if available, as per the requirement of Iranian law/ Govt. It may please be noted that inspection job for Iranian origin cargo will only be offered to those agencies who hold valid authorization. 5 The applicants must have satisfactorily handled at least 2,00,000 MTs of Urea, DAP, MAP, MOP and other fertilizers put together for survey and quality inspection activities at loadport of major exporting countries during last 3 years. (IFIA). List with complete office address in the countries you have presence, on company s letter head pad with self-certification along with company s brochure, if any. (i) Details of fertilizer inspection and quality analysis laboratories, their locations and equipment available for each port for which services are being offered, on company s letter head pad with selfcertification. (ii) Details/names of Accreditation associations/bodies and the countries from whom accreditation certificates for laboratories have been obtained along with copies of respective Accreditation Certificates. (iii) Agreement copy with third party, if any, for utilizing their lab facilities. Self-Certified Copy of authorization issued by INSO along with English translation certificate. (i) Documentary evidence in support of handling of 2,00,000 MT of Fertilizers for last 3 years along with an undertaking and summarized information on letter head pad giving details in excel format for the following columns 1. Date, 2. Vessel name, 3. Product, 4. Port of loading 5. Quantity, 6. Client details, 7 Evidence (enclose copy) 7

8 6 The bidder/applicant should have Tax Residential Certificate (TRCs) issued by Tax Authority of respective country and a certificate on disclosure about the existence of permanent establishment of organization in India, if any, is required to be submitted. This certificate is required in pursuance of the terms of double taxation avoidance agreement. 7 The applicant/agency should not have been blacklisted/ banned for participation in any Empanelment/Tender intended by Government of India or by any Government Undertaking in India for inspection of fertilizers at loadports. The applicant shall have to submit an UNDERTAKING to this effect at the time of application for pre-qualification. In case of submission of false declaration (ii) Self Certified List of Corporate Clients for whom such work is being carried out on regular basis. Self-Certified Copy of Tax Residential Certificate (TRCs) issued by Tax Authority of respective country and a certificate on disclosure about the existence of permanent establishment of organization in India, if any. Undertaking on company s Letter head as per annexure-ii (found at any stage), such applicant shall be disqualified. 8 Indian PAN no. (If any). Self-Certified Copy 9 Annexure-III Duly filed for providing details of countries applied for. 8

9 (ON COMPANY S LETTER HEAD) UNDERTAKING ANNEXURE-II To M/s National Fertilizers Limited Central Marketing Office, A-11, Sector-24, Noida Dist. GautamBudh Nagar (U.P.), India Subject: Empanelment of Third Party Inspection Agencies/ Surveyors at overseas Loadports Dear Sir, We, (Name of the Organization), hereby confirm and acknowledge that we have not been blacklisted/banned for participation in any Empanelment/Tender intended by Government of India or by any Government Undertaking in India for carrying out Inspection Agency s jobs at loadports or otherwise. Thanking You Yours faithfully (Name and Signature of the Authorized Person) 9

10 FORMAT FOR APPLICATION FOR EMPANELMENT FOR INSPECTION AT LOADPORTS (Attach Extra sheet, if required) S No. COUNTRY Products DAP, NPK, ALL Office Address in the Country 1 CHINA Status of Accredited LAB. Own / Other s Annexure-III Country s Tax Residency Certificate applicable 2 SAUDI ARABIA 3 MOROCCO 3 IRAN 4 JORDAN 5 Russia 6. Others 10

11 Sample Copy ANNEXURE IV PROFORMA FOR QUOTING CHARGES/ RATES FOR INSPECTION AT LOADPORTS (Signed and stamped Blank copy to be submitted along with empanelment documents) S. No. ITEM Rates per MT in USD (all exclusive)** 1 DAP (Di-Ammonium Phosphate) 2 MOP (Muriate Of Potash) 3 Various grades of NPKS Complex Fertilizers 4 Zinc Sulphate 5 Ammonium Sulphate 6 Technical Grade Urea 7 Bentonite Sulphur Port, Country Bulk Container **:- The rates should be exclusive of withholding tax and service tax, which shall be extra. The quoted price shall be evaluated after taking impact of withholding tax (based on PAN details and tax residency certificate furnished) and service tax liability on NFL. Ports in Indicative Countries for Inspection jobs:- China, UAE, OMAN,KUWAIT, QATAR, BAHRAIN, SAUDI ARABIA, Morocco, USA, Iran, Germany, Jordan, Israel, Middle East etc. Note:- i. Empanelment shall be done product wise and country wise and limited inquiry for the vessel shall be sent accordingly. ii. That above price format is indicative for acceptance. The price bids for each vessel shall be invited separately from empanelled parties with specific information of port/country and product. iii. NFL reserves the right to negotiate with L1 bidder. 11