MADRAS FERTILIZERS LIMITED

MADRAS FERTILIZERS LIMITED (A GOVT. OF UNDERTAKING) MANALI, 600 068 E Mail : [email protected] / [email protected] TELEPHONE : 044 2594 5210/11 FAX : 2594 1010

NOTICE INVITING TENDER FOR REGULAR SHIFT VAN SERVICE CONTRACT TENDER No. ESER/P&A/RSV 15-16/071015/013 dt .11/09/2015

SUMMARY

Online bids are invited for REGULAR SHIFT VAN SERVICE CONTRACT. Bidders, who are interested to submit bids, may visit MFL website www.madrasfert.nic.in [“Tenders” – “e-tenders”] or Central Public Procurement web www.eprocure.gov.in/eprocure/app Instructions for applying e-Tendering are given in Annexure-1.

For any clarification, please communicate to the following:

Eprocurement cell [email protected]/[email protected] Phone 044 25945318/25945312/2594 1261 Mr A M Sridhar/Mr T Srinivas User contact detail [email protected] 044-25945211 [email protected] 044-25945215, 94446 09309

Description REGULAR SHIFT VAN SERVICE CONTRACT Press Tender No. & Date Description ESER/P&A/RSV 15-16/071015/013 dt.11/09/2015

Estimated Value of Tender ₹ 66.06 Lacs Nature of Bidding Two Part Bidding: 1st Part : Techno-Commercial Bid, 2nd Part: Price Bid (Separate Techno-commercial Bid and Price Bid to be submitted for each Van individually) Commencement of viewing and downloading tender document from 1 1 .09.2015. e-Tender Website Due date & Time for submission 07/10/2015 up to 1430 hrs Technical Bid Opening Date & time 08/10/2015 at 1400 Hrs

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Bid Submission Three Separate on-line bids (To be uploaded on or before the due (1) EMD date and time) (2) Techno-Commercial Bid; and (3) Price Bid To be submitted with price break up details per Annexure-5 on or before the date & time meant for submission of bids. Procedure for opening of Online Bid Bids will be opened in seriatim EMD, Techno- commercial and price bid. Bid Validity 90 days from date of opening of Techno– Commercial bid Price Bid Opening Date Techno-Commercially qualified Tenderers only will be intimated EMD Amount Rs.1,33,000/- Original DD or BG for EMD should be furnished in a separate sealed cover superscribed as EMD for Tender No. ESER/P&A/RSV 15-16/071015/013 dt.11/09/2015 and the same should be addressed to GM-P&A, Madras Fertilizers Ltd., Manali, Chennai 600 068 within 3 (three) days after the last date and time meant for submission of bids. Security Deposit (SD) 5% of the Contract Value in the event of placement of award of contract. Mode of Payment for EMD and SD By Demand Draft in favour of Madras Fertilizers Ltd, payable at Chennai or by Bank Guarantee (Annexure-10 & 11). EMD BG Validity 45 days beyond bid validity i.e., 135 days validity Payment Term Monthly basis. Payment will be made on 30th day from the date of submission of bills subject to bills are in order and acceptance. However, if there is any delay in making payment, Company will not pay any interest for such delayed payments. Contract Period One year from the date of commencement of contract with a provision to extend the contract for a further period of One year on the same rates, terms and conditions based on performance and mutual consent. Bid Evaluation Basis The price bids of techno-commercially qualified tenderers will alone be opened. Evaluation of the tender will be on L1 basis. Monthly Rate quoted shall be the basis for arriving the L1. If more than one tenderer has quoted the same rate, the L1 will be arrived on the basis of latest model (date & year) of the Van. Scope & Brief Description of Work Refer Annexure-2 Reverse auction If required

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LIST OF ANNEXURES

Instructions to Tenderers for applying e-Tender Annexure 1 Scope & Brief Description of Work Annexure 2 Pre-Qualification Criteria Annexure 3 Specification Details & Techno-Commercial Bid Format Annexure 4 Price Bid Break up Details Annexure 5 EMD Terms and Conditions Annexure 6 SD Terms and Conditions Annexure 7 General Terms and Conditions Annexure 8 Information about Tenderer Annexure 9 Format for EMD BG Annexure 10 Format for SD BG Annexure 11 Format for RTGS Annexure 12

Note:-The Tender document contains 29 pages. Digital signature is required on all pages by the tenderer or the authorized person to sign the tender.

GENERAL MANAGER (P&A) MADRAS FERTILIZERS LTD., MANALI, CHENNAI 600 068

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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 Center (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). GTC & STC can be accessed through Company’s website.

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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 unloading all the bid documents submitted and then a bid summary will be shown with the bid number, date and time of submission of the bid with all other relevant details. The documents submitted by the bidders will be digitally signed using the e-token of the bidder and then submitted.

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.

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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.

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ANNEXURE - 2

SCOPE & BRIEF DESCRIPTION OF WORK

Transporting MFL employees from in and around Chennai City to MFL Plant at Manali and back to City and any other places outside city limits by Vans on all days in a year (including Saturdays, Sundays and holidays) in Regular Shifts (Shift-I: 0600 – 1400 hrs; Shift-II: 1400 – 2200 hrs and Shift-III: 2200 – 0600 hrs).

The Selected Tenderer shall provide only road worthy vehicles in good condition with models of 2012 or after.

MFL has the right to avail one or more number of vehicles according to the requirement during the tenure of contract.

The requirement of services to be provided by the Tenderers are furnished below:

Distance Coverage Model of Type of Likely per Seating the Route Category Vehicle starting point month capacity vehicle required (Approx. required Km) 3 trips per 14 seater day (up & with High Tempo 1 down) on all 9000 Head Rest 2012 or Traveller days in a and hand after week rest 3 trips per 14 seater

day (up & with High

2 down) on all Tempo 7500 Head Rest 2012 or days in a Traveller and hand after week rest 3 trips per Tata 18 seater

day (up & 709E / with High

3 down) on all Kilkattalai Swaraj 9000 Head Rest 2012 or days in a Mazda / and hand week Eicher rest after Tata 30 seater 3 trips per 709E / with High day (up & Swaraj Head Rest 2012 or 4 down) on all 4500 Mazda / and hand after days in a Eicher rest week

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ANNEXURE - 3

PRE-QUALIFICATION CRITERIA 1 Tenderers must have experience in transportation of employees in two financial years in Chennai or any other City during the last four financial years. Certificate of proof of experience for two financial years must be uploaded along with online tender document.

2 Tenderers must own or have a tie up arrangement with any company or individuals for a minimum of 4 vans in his name or firm’s name and the vans shall be of model 2012 or thereafter.

3 Vans are to be registered in the name of the individual or in the name of the firm if it is a Sole Proprietor firm or should be in the name of the partners of the firm if it is a partnership firm or in the name of the Company if it is a Limited Company and for tie- up, the same shall be registered either in the name of the owner of the firm or in the name of the partners.

4 In both the cases either owning or having a tie-up arrangement as stated above the copies of proof must be uploaded along with online tender document.

5 The tenderer shall have a business turnover of minimum of Rs.50 lacs for any two years in the last 3 financial years.

6 The tenderers shall indicate his ESI and PF code number in the tender.

7 The tenderer shall indicate his income tax Permanent Account Number.

8 The Tenderer shall indicate his Service Tax Registration. If he is not an assesse, the reason attributing there to shall be recorded.

Documents to be uploaded along with Tender

1. Experience Certificate for two years during the last four financial years. Two years of experience for transporting employees in office establishments, Hospitals, Hotels, etc. 2. Proof for having the Vans i.e., 2012 or after, in the name of Firm / Individual. 3. Proof for tie up arrangement. 4. Three years audited statement of accounts, in case the tenderer being a firm or partnership firm or limited company. 5. Proof for turnover of minimum of Rs.50 Lakhs for any two years in the last 3 financial years. 6. Documentary proof for ESI, PF Registration and latest contribution payment made during the current financial year 2014-15. 7. Documentary proof for Income Tax PAN No. 8. Proof of Service Tax Registration with Compliance for the year 2013-14. If not an assesse, the reason attributing thereto shall be recorded. 9. Award letters and performance certificate for experience. 10. If a photocopy of the latest Performance-cum Credit Rating Certificate is enclosed for seeking exemption from EMD Clause, as per Annexure 6, the same shall be certified by a Notary Public. Otherwise the bid is liable for rejection.

Signed copies of the above documents are to be uploaded as Attachment with the on-line submission of bids. Tenders not accompanying documentary proof will be rejected.

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ANNEXURE - 4

SPECIFICATION DETAILS

The Tenderer shall provide Four Nos. of Non-AC Vans of 2012 Model or after, with high head rest & hand rest as per their capacity and road worthy vehicles, per following description:

1 One Tempo Traveller / Swaraj Tambaram to Manali (MFL) Mazda of 14 seater capacity

2 One Tempo Traveller / Swaraj Saidapet to Manali (MFL) Mazda of 14 seater capacity

3 One Tata 709E / Swaraj Mazda/ Kilkattalai to Manali (MFL) Eicher of 18 seater capacity

4 One Tata 709E / Swaraj Mazda / Ayanavaram to Manali (MFL) Eicher of 30 seater capacity

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ANNEXURE - 4 TECHNO-COMMERCIAL BID FORMAT

Name of the Tenderer

Address

Detailed Technical Specification required The Selected Tenderer shall provide the specified Non-AC Van of 2012 (per undertaking) Model or After for the route chosen per following description:-

1) One Tata 709E / Swaraj Mazda/ Eicher of 30 seater capacity

2) One Tata 709E / Swaraj Mazda/ Eicher of 18 seater capacity

3) Two Nos Tempo Traveller / Swaraj Mazda of 14 seater capacity.

All the above vans shall have High Head Rest, Hand Rest and Road worthy vehicles in Good Condition for Regular Shifts (Shift-I: 0600 – 1400 hrs; Shift-II: 1400 – 2200 hrs and Shift- III: 2200 – 0600 hrs). Payment Term Monthly basis. Payment will be made on 30th day from the date of submission of bills subject to bills are in order and acceptance. However, if there is any delay in making payment, Company will not pay any interest for such delayed payments. Payment Mode RTGS/NEFT Delivery Period Per MFL Instruction. Offer Validity 90 days from the date of opening of bids. EMD Details Rs.1,33,000/- Acceptance to give 5% Security Deposit in Yes the event of placement of order Acceptance for LD / Penalty clause as per Yes Annexure-9 Acceptance to receive payment for actual Yes Services for MFL. Acceptance to all other tender norms, Yes terms & conditions not mentioned herein Make / Manufacturer As indicated in Specification Signature of the authorised person :

Name of the authorised person :

Designation of the authorised person :

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ANNEXURE - 5

PRICE BID BREAK UP DETAILS

REGULAR SHIFT VAN TENDER – 2015-16

TOTAL MONTHLY CONTRACT CHARGES FOR TRANSPORT OPERATIONS IN SHIFT

(The Lump sum rate shall include contract charges, fuel, maintenance charges, wages for Driver / Cleaner, batta, insurance, road tax and all other statutory levies and taxes except Service Tax, PSV permit charges including the contingent requirements, if any and will remain firm throughout the contract period and for extended period except for diesel escalation / de-escalation clause)

(All days in a week with 3 trips per day – up & down)

Rate /Month Distance Model of (Rs.) Likely Type of Coverage Van Seating the (indicate Category starting Vehicle per month Capacity vehicle both in point required (Approx. required figures Km) and words) 3 trips per 14 seater day (up & with High 1 down) on all Tambaram Tempo 9000 Head Rest 2012 & days in a Traveller and hand after week rest

3 trips per day (up & 14 seater 2 down) on all Saidapet Tempo 7500 with High 2012 & days in a Traveller Head Rest after week and hand rest 3 trips per Tata 709E / 18 seater day (up & Swaraj with High 3 down) on all Kilkattalai Mazda / 9000 Head Rest 2012 & days in a Eicher and hand after week rest

3 trips per 30 seater Tata 709E / day (up & with High Swaraj down) on all Head Rest 4 Ayanavaram Mazda / 4500 2012 & days in a and hand Eicher after week rest

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person : seal of the company

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ANNEXURE - 6

EARNEST MONEY DEPOSIT (EMD) TERMS & CONDITIONS

. The tenderer shall submit the Earnest Money Deposit of Rs. 1,33,000/- (Rupees One Lakh Thirty Three Thousand only) by way of demand draft drawn in favour of “Madras Fertilizers Limited” payable at Chennai or Bank Guarantee (BG) in the approved format (Annexure 10) valid for 45 days beyond the offer validity period of the bid.

. Independent confirmation for having issued the BG by the concerned banker should be sent directly to GM-P&A MFL, Manali, Chennai 600 068.

. Holders of valid certificates obtained from NSIC/DGS & D/MSMEs can claim exemption from EMD payment against proof of valid documents including the latest Performance- cum Credit Rating Certificate obtained from the respective agencies viz., NSIC/DGS&D/MSME’s.

. EMD shall not carry any interest. EMD shall be returned / refunded to the unsuccessful tenderers only after finalization of contract, if paid by way of BG / DD, through RTGS/NEFT transfers.

. EMD of the successful tenderers paid by way of Demand Draft may be adjusted towards security deposit.

. After submission of 5% of the contract value as security deposit, by way of DD / BG by the successful tenderer, EMD submitted by way of BG will be returned to them.

. Offers without EMD or valid NSIC/DGS & D/MSMEs Certificate for exemption from EMD Payment along with the latest Performance-cum Credit Rating Certificate obtained from the respective agencies viz., NSIC/DGS & D/MSME’s will be rejected.

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

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

. EMD payment either in the form of DD or BG, or, if seeking exemption based on NSIC Unit, DGS & D and MSMEs with relevant certificates including the latest Performance- cum Credit Rating Certificate obtained from the respective agencies viz., NSIC/DGS&D/MSME’s to be directly sent to GM – P&A, Madras Fertilizers Ltd., Manali, Chennai 600 068 with clear superscription on the cover as “EMD for Regular Shift Van Service Contract, TENDER No.ESER/P&A/RSV 15-16/071015/013 dated 11/09/2015”.

. EMD cover should reach the office of GM – P&A, Madras Fertilizers Ltd., Manali, Chennai 600 068, within 3 (three) days after the date & time mentioned for the submission of technical bids. Online technical bids without receipt of EMD in time will be rejected.

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ANNEXURE - 7

SECURITY DEPOSIT (SD) TERMS & CONDITIONS

 Successful tenderer shall have to make Security Deposit (SD) to the tune of 5% of contract value within 21 days from the date of LOI / Award of Work, either by Demand Draft or BG in the approved format (Annexure 11) with a validity period of 60 days beyond the date of completion of the Contract Period. Independent confirmation for having issued the BG by the concerned bankers should be sent directly to GM-P&A, MADRAS FERTILIZERS LIMITED, Manali, Chennai 600 068.

 In case of EMD paid thru DD by the successful tenderer, the same may be adjusted towards SD and for the balance amount the vendor shall submit by DD / BG in MFL approved format.

 If the tenderer has previously held any contract and furnished SD, the same shall not be adjusted against this tender and a fresh SD shall be furnished.

 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.

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

 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 breach / 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 Failure/ Breach, losses, damages, expenses; or costs shall be final and binding on the contractor and shall not be called into question

 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 make good the deficit in cash so that the total amount of security deposit shall not at any time be less than the specified amount.

 SD shall be liable for forfeiture without prejudice to any other claims & in case of BG, the same shall be invoked, in the event of breach of contract/failures by the contractor, if any.

 SD shall not carry any interest.

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ANNEXURE - 8

GENERAL TERMS & CONDITIONS

1.0 CONSTITUTION OF THE TENDER

The Contractor shall not change the constitution of the composition during the currency of the contract without the prior approval of MFL. Any change in the composition of contractor and happenings like death / resignation of any Partner / Director / Member shall be notified within 24 hours of such change / happenings by Registered Letter to General Manager P&A, Madras Fertilizers Ltd., Manali, Chennai 600 068. On receipt of such notice, MFL reserves the right either to terminate or continue the contract.

The Contractor shall produce the original 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 or composition of the contractor, MFL reserves the right to itself take such necessary action as it deems fit, including termination of the contract, withholding payments due to the Contractor.

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

2.0 Period of Contract

The contract shall be valid for a period of one Year from the date of commencement of contract. MFL reserves the right to extend the contract for a further period of one year on the same Rates, Terms and Conditions, based on performance with mutual consent.

MFL shall have the right to terminate the contract by giving 30 days’ notice in writing to the Contractor and the Contractor shall have the right to terminate the Contract by giving at least 90 days’ notice in writing to MFL.

3.0 Summary Termination

Notwithstanding what is stated above, MFL reserves the right to terminate the contract forthwith at any time during the currency of the contract in the event of breach or default by the Contractor or any of the Terms & Conditions of the contract or the contractor going into Liquidation or becoming insolvent. In the event of such termination, MFL reserves the right to make alternative arrangements and recover the additional cost thereof from the contractor. The decision of MFL on failure / default of contract on the part of the tenderer shall be final and binding on the tenderer and shall not be called into question.

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4.0 Liabilities of Workmen engaged by the contractor

4.1 The selected tenderer shall be responsible for payment of wages, daily batta and other statutory benefits including ESI, PF, Bonus, Gratuity, etc., to his drivers / cleaners and MFL will not have any responsibility in any dispute between the Contractor and his drivers / cleaners on this account. 4.2 The selected tenderer shall comply with the provisions of the Factories Act, 1948, Contract Labour (Regulation & Abolition) Act, 1970, ESI Act, 1948 / Workmen’s Compensation Act, 1923, Employees Provident Funds and Miscellaneous Provisions Act 1952, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Tamil Nadu Industrial Establishments (National & Festival Holidays) Act, 1958, Minimum Wages Act (Central), Child Labour (Prohibition & Regulation) Act 1986 and any other law applicable to the Contract Workmen now in force and as amended from time to time. 4.3 The selected tenderer shall fully indemnify MFL for any default or non-observance by him or any of his representatives of any of the provisions of the above mentioned enactments and the rules framed thereunder. Even though the tenderer shall be solely liable for settlement of any claim made by any person due to the non-observance of any of the provisions or otherwise of the enactments cited, MFL reserves its right to settle directly any amount due by him as mentioned above and to recover such amounts from any of the amounts payable by MFL to him or in the absence of the same as debt due to MFL by him. 4.4 The selected tenderer shall, whenever required by the Company or Government Officials authorized under the Statutes, produce for inspection, all Forms, Registers and other papers required to be maintained under various Statutes. In the case of non-coverage of people under ESI Scheme/EPF besides the recovery of the amounts due by the selected tenderer towards their contribution, penal interest and/or damages as may be levied by the ESI Corporation or EPF Authorities, a penalty of 20% of the above amount would also be levied and recovered from their bills. In the event of cessation of the contract due to any reason whatsoever, the security deposit will be refunded only after due satisfaction as regards the payment of ESI/EPF dues by the selected tenderer.

5.0 Subletting and 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 dealings with third parties shall be without reference to MFL.

5.1 Evaluation Criteria

The price bids of techno-commercially qualified tenderers shall alone be opened. Evaluation of the tender will be on L1 basis.

Monthly Lump sum Rate quoted shall be the basis for arriving the L1.

If more than one tenderer has quoted the same rate, the L1 shall be arrived on the basis of latest model (date & year) of the Van.

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6.0 Payment Terms

6.1 The selected tenderer shall be paid at the rates finalized between MFL and Selected tenderer. Payments will be made only for actual number of days operated the Bus and Van services.

6.2 The selected tenderer shall submit the bills on or before 5th of each month relating to the services for actual number of days operated the Van services during the preceding month or part thereof. MFL will endeavour to make payment against the bill so submitted on 30 days from the date of submission of such bills subject to the conditions that the bills are in order and acceptable. All efforts will be made to make payment to the vendors on 30 days. However, if there is any delay in making payment, Company will not pay any interest for such delayed payments.

6.3 Bills have to be drawn on GM-P&A, Madras Fertilizers Limited, Manali, Chennai 600 068.

6.4 From the payments to the contractor against the bills for the services rendered, amount towards statutory levies to be made by the contractors will be retained and the same will be returned only on production of proof of remittance of statutory levies on the respective statutory authorities.

6.5 Payment will be made only thru RTGS, after reckoning the credit period from the date of receipt of bills subject to the same is in order at MFL.

6.6 RTGS Form (Annexure 12) to be filled in, signed & sent along with the offer by the Tenderer to avoid any delay in processing payment

7.0 Penalty provision

7.1 The selected tenderer shall ensure that the vehicles with MFL employees reach MFL Plant ten minutes before the scheduled time. For late arrival beyond scheduled time, due to contractor’s lapses like mechanical, crew etc., the contractor is liable to penalties as shown below: For 0-15 Minutes Delay - Rs.10/- per Minute For 15-30 Minutes Delay - Rs. 20/- paer miniteMinute For 30-60 Minutes Delay - Rs. 1000 /- For 60-90 Minutes Delay - Rs. 2000 /- Beyond 90 Minutes - Rs. 5000 /-

The contractor shall ensure vehicles availability as per company’s schedule.

7.2 If, on any day, the selected tenderer fails to provide vehicles for any trip or reaches starting points late by more than 15 minutes than the scheduled time given by MFL, taxi/auto fare incurred by employees shall be fully reimbursed by deducting from the bills payable to the contractor, in addition to proportionate deduction in the contract charges.

7.3 In the event that any or all of the vehicles are found defective or breaks down for whatever reason, the contractor shall forthwith replace with a substitute vehicle failing which the contractor shall reimburse to MFL the cost of transport (taxi fare and other expense) of MFL employees or other authorized persons by other modes of travel to their respective destinations or the cost of such transport arrangement will be recovered from the Contractor’s bills.

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7.4 If the selected tenderer fails to provide vehicle for both onward / return trip, MFL reserves the right to deduct one day contract charges from the bill. In addition to this, expenses incurred towards alternative transport arrangement shall be fully reimbursed by the selected tenderer.

7.5 MFL shall levy a penalty up to ₹ 1000/- per instance for breach of contractual obligations other than those specified in detail in the terms & conditions of the tender. The contractor is permitted to run the vehicles, including the substitute vehicles, the description of which is already committed by them.

7.6 The vehicles supplied in the name of the Company shall not be used by the selected tenderer during the period of contract for any other purpose other than the transportation of the personnel employed in the Company. Any breach of this clause will attract a penalty of ₹ 500/- per day per Van.

8.0 Reverse Auction

MFL reserves the right to go for Reverse Auction process, if required or may finalize the tender without Reverse Auction. However, the decision to conduct Reverse Auction or not will be conveyed to short-listed bidders. The business Rules for Reverse Auction will be circulated, if Reverse Auction is necessary and the same needs to be accepted and signed by the technically shortlisted bidder.

9.0 Negotiation with R1 Tenderer

Subsequent to Reverse Auction process, if MFL deems it fit to conduct negotiation with the R1 Tenderer, MFL reserves the right to do so by inviting the R1 Tenderer in person to finalize the price.

10.0 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 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.

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11.0 Special Terms and Conditions

11.1 Conditional Offers will not be considered.

11.2 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.

11.3 The selected Tenderer shall have an office in Chennai City with telephone facility (land line / mobile) and responsible staff available from dawn to dusk. The names of such staff including the telephone numbers / cell phone numbers shall be furnished, to MFL.

11.4 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.

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

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

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

11.8 The selected Tenderer shall not change the composition during the currency of the contract without prior written intimation to the Company. Any happening like death/ resignation of any partner / director / member shall be notified within 24 hours of such happening by Registered letter to the General Manager (P&A), MFL, Manali, Chennai 600 068. On receipt of such notice, the Company reserves the right either to terminate or continue the contract.

11.9 Copies of proof showing constitution of the Tenderer such as Individual / Partnership / Registered Company / Corporation / Society together with necessary documents [Registered Power of Attorney, Partnership Deed, Memorandum & Articles of Association and Certificate of Possession in case of hiring of VAN]. In case of any change in the composition of the tenderer, it shall be brought to the notice of MFL immediately in writing.

11.10 The selected tenderer shall have necessary permits from the Regional Transport Authority / Transport Commissioner for plying the vehicle/s on lease and/or contract basis in the City and sub-urban of Chennai. The tenderer should bear the cost towards obtaining permit / fitness certificate / renewal / registration / insurance / road tax for the vehicles supplied by him / her.

11.11 The selected tenderer shall produce original RC Books / Permits / Road Tax / Insurance etc., for verification when they are called for. Vehicles shall be produced for inspection at MFL Manali Office at the cost of the Tenderer, if required, to verify the age of the vehicles.

11.12 In order to register the arrival time of Vans, Electronic Swiping Cards available with our Security are to be swiped on the Swiping machines available at the MFL entrance by the Contractor’s drivers, immediately on arrival.

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11.13 The selected tenderer shall arrange for transport of MFL employees from prescribed points in Chennai City and its suburbs to the Plant at Manali and transport them back from the Plant at Manali per the specified routes and stops at specified timings, prescribed by MFL. The routes / stops are subject to changes, which may be intimated by the Officers concerned, from time to time.

11.14 The selected tenderer shall ensure that all necessary documents (copies) related to the vehicle are kept in the vehicle for verification by the RTO and other authorities.

11.15 Trained drivers are to be appointed to drive the vehicle. The drivers must wear appropriate uniform while on duty as prescribed by the Govt. authorities. The drivers should possess valid driving license. The age of the drivers should be below 60 years.

11.16 The seating portion of seat is to be covered with neat cover to enable employees to reach MFL Plant in neat condition.

11.17 The selected tenderer shall ensure that the seats in the Van are kept neat and clean before departure of the Van at the starting point and before leaving MFL.

11.18 In the event of an accident to any of the vehicles provided by the selected tenderer, all responsibilities will rest with the selected tenderer and MFL will have no obligation whatsoever in that respect. In the event of an accident, causing injury to or death of MFL’s personnel or any other person authorized to travel in the vehicle, MFL reserves the right to claim compensation. MFL shall not be liable for any damages / losses that may arise / cause due to accident or any other action by third parties.

11.19 The contractor shall be solely responsible for all consequences both financial and otherwise arising out of any violation of the traffic rules and any regulations, Act of Central / State Government in force and accident either to the Vans or third parties. In the event of an accident to the vehicles provided by the contractor, all responsibilities will rest with the contractor and MFL will have no obligation whatsoever in that respect.

11.20 If MFL is directed to pay any compensation or meet the expenses arising out of any accident, and MFL is required to make the payment as the user of the Van, the contractor shall compensate MFL for such payments irrespective of whether the contractor receives compensation from Insurance Company or not.

11.21 The vehicle should be insured comprehensively as required by the Motor Vehicles Act.

11.22 The tenderer shall maintain the Time Schedule for Starting and Reaching the Plant, as prescribed by MFL.

11.23 The selected tenderer agrees and undertakes to indemnify MFL from any losses/damages/expenses/costs by reason of any claim from any person whatsoever, arising out of any failure on the part of the selected tenderer to fulfill his obligations under this Contract.

11.24 The selected tenderer shall not sub-let, assign, or transfers in whole or in part this Contract.

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11.25 Failure on the part of either party to insist on the other upon strict observance/performance of any provisions hereof, shall not constitute a waiver of the rights to require such performance nor shall a waiver in one case constitute a waiver with respect to another of a similar nature or otherwise.

11.26 If required, the drivers may avail food from the Staff Canteen of MFL on payment of actual cost of food items.

11.27 The selected tenderer shall pay actual road tax per seat, per quarter, as applicable, as on the date of agreement to the authorities and as and when it is revised. Any increase in the charges on this account shall be borne by the tenderer.

11.28 The selected tenderer shall obtain permits in the name of MFL in respect of vehicles supplied.

11.29 The vehicles provided shall have good appearance and the operator shall provide at his cost painting of the Company’s name and Logo and Marks, the specification of which will be indicated by MFL, on the surface of the Vehicles.

11.30 The selected tenderer shall enter into an agreement with MFL, on a stamp paper of appropriate value on a date specified by MFL, failing which the tenderer shall be liable to compensate MFL for any losses incurred besides forfeiture of EMD.

SMOKING INSIDE THE FACTORY PREMISES IS VERY DANGEROUS AND IS STRICTLY PROHIBITED. THE CONTRACTOR SHALL ENSURE THAT HIS MEN DO NOT SMOKE INSIDE THE FACTORY PREMISES.

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MADRAS FERTILIZERS LIMITED

12.0 Escalation / De-escalation

12.1 The finalized rate will hold good till the completion of the contract. However, MFL agrees for revision of base rate (diesel price prevailing at the time of quote) whenever the price of diesel at Chennai is revised over the base rate on the basis of diesel consumption rate of van / Van per one litre of diesel, as stipulated below. The diesel price prevailing at Chennai on the date of submission of the tender shall be taken as the base price.

12.2 If the fuel price is increased / decreased up to 5% per litre, there shall not be any revision on the running kilometer charges. If the fuel price is increased / decreased, above / below 5% per litre, on cumulative basis, from the base price, the fuel variation will be effected at 8 Kilometers per litre for Van consumption and the price revision will be given effect from the date on which the fuel cost increase / decrease, above / below 5% of the base price, based on submission of documentary proof for such revisions.

Example of Diesel Revision calculation: For Van Service

Revised - Existing Revised = Existing + Diesel Price Diesel Price Per KM Per Km ------Rate Rate 8 Kms

13.0 Laws governing the Contract

13.1 The contract will be governed by the laws of India for the time being in force and as amended or made from time to time and the courts within whose jurisdiction the Registered Office of the Company is situated alone will have jurisdiction.

14.0 Arbitration

14.1 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 Chennai.

14.2 Subject as aforesaid, the Arbitration & 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.

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ANNEXURE - 9

INFORMATION ABOUT THE TENDERER

1.0 Name and Address of the Tenderer :

Name of the No. of persons Phone In - charge with employed Address No./ Fax No. Phone / Mobile Mobile No. Registered Office

Office at Chennai

Branches (if any)

2.0 Year of Establishment :

3.0 Status of the firm - : Proprietary/Partnership/Regd. Co./Society etc. (Documentary proof for Partnership / Registered Company / Corporation / Society etc. to be attached):

4.0 Name and Address of Partners / Directors / Proprietor as the case may be:

1 2 3 4 5

5.0 Name of the person authorized to sign the tender and related documents:

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MADRAS FERTILIZERS LIMITED

6.0 Experience of transporting employees for any organization in the following four financial years (Attach certificates or award letter from organizations served)

Organization No. of vehicles supplied Period 2011-12 2012-13 2013-14 2014-15

7.0 Turn over Details (Attach Copies of Proof)

Period Turnover details (Rs.) 2011-12 2012-13 2013-14 2014-15

8.0 No. of vehicles owned / tie-up arrangement with Registration No:

Registration Type of Year of All India Permit or No. Vehicle Manufacture State Permit Owned vehicles

Tie-up vehicles

A) Total No. of vehicles in the name of Proprietor /Partners /Firm/Company. Bus : Van :

B) Total No. of tie-up vehicles by the tenderer. Bus : Van :

9.0 Name of the Bank and the Branches with which Tenderer has dealings

10.0 Details of Turnover for the last four financial years (proof to be attached)

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11.0 Income Tax and Permanent Account Number details. Copies of returns filed for the last four financial years to be attached. (2011-12,2012-13,2013-14 and 2014-15)

12.0 Individual PF code Number with a copy of certificate (proof to be attached) Compliance for the year 2013-2014 & 2014-2015

13.0 Service tax / VAT registration details with copies (proof to be attached) Compliance for the year 2013-2014 & 2014-2015

14.0 Individual ESI Code Number with a copy of certificate (proof to be attached) Compliance for the year 2013-2014 & 2014-2015

15.0 Banker’s Solvency Certificate for Rs.10 lakhs:

16.0 Any court case is filed against you or your concern:

17.0 Have you / your Firm filed any case against your client :

18.0 DD No., Date, Name of the Bank and Amount towards EMD

(Non-submission of copies of supporting documents for the above will lead to rejection of tender.)

I/we declare that the above information is true to the best of my / our knowledge.

Place: Signature of the Tenderer

Date : (Name & Office seal)

DECLARATION

I/We hereby declare that I/We have not been banned and de-listed by any Government Department / Financial Institution / Court.

Place: Signature of the Tenderer

Date : (Name & Office seal)

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MADRAS FERTILIZERS LIMITED

TENDERER UNDERTAKING

THE TENDERER HEREIN

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

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

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

 Undertakes to honour the bid(s), which is legally binding on, if the contract/purchase order is awarded to the tenderer.

 Accepts EMD, SD & Penalty clauses and agrees to invocation of the respective clause(s) in case of non-fulfilment of commitment.

 Declares that M/s MFL 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 the tenders & subsequent corrigendum from the e-Tendering portal of M/s MFL.

 MFL reserves the right to go for Reverse Auction process, if required or may finalize the tender without Reverse Auction. However, the decision to conduct Reverse Auction or not will be conveyed to short-listed bidders. The business Rules for Reverse Auction will be circulated, if Reverse Auction is necessary and the same needs to be accepted and signed by the technically shortlisted bidder.

 Subsequent to Reverse Auction process, if MFL deems it fit to conduct negotiation with the R1 Tenderer, MFL reserves the right to do so by inviting the R1 Tenderer in person to finalize the price.

 Agrees to provide the specified Non-AC van of 2012 model or after

Signature of the authorized person :

Name of the authorized person :

Designation of the authorized person :

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MADRAS FERTILIZERS LIMITED

NNEXURE - 10

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 will remain in force up to and including 45 days after the period of tender validity and any demand in respect thereof should reach the Bank not later than the above date. ………………………………….. (Signature of the authorized officer of the Bank) ………………………………………………… ………………………………………………… Name and designation of the officer ………………………………………………… Seal, name & address of the Bank and address of the Branch.

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ANNEXURE - 11

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 ₹.______(Rupees______). We ______(Hereinafter referred as “Bank”) at the request of ______do hereby undertake to pay to the company an amount not exceeding ₹.______(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 ₹. ______(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.

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MADRAS FERTILIZERS LIMITED

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 ₹.______(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.

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MADRAS FERTILIZERS LIMITED

ANNEXURE - 12 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 (if applicable) BANK ACCOUNT NO. VENDOR’S BANK NAME BANK ADDRESS / PHONE NO. VENDOR’S BANK CODE GRPT (MICR) NO. CODE VENDOR’S BANK ACCOUNT NEFT NO. CODE RTGS CODE BANK SWIFT CODE (For IFSC foreign vendors) CODE Type of Account Saving Acct / Current Acct. (Strike out which is not applicable) ARE YOU A Manufacturer Dealer- Agent YES / NO YES / NO YES / NO CATEGORY OF THE FIRM A. Micro B. Small C.Medium REGISTERED WITH CST No. SSI No. EC No. TIN No.

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 IFSC- Indian Financial System Code

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