PREQUALIFICATION DOCUMENTS FOR
CARRIAGE CONTRACT 2014-15
Documents issued to:
______
Date:
______

National Fertilizer Marketing Limited
53 Jail Road
Lahore
Table of Contents

Introduction 5 Scope of Work 5 Description of Work 5
SECTION I: Instructions to Applicants 9

  1. Prospective Bidder 9
  2. Participation Restrictions 9
  3. Pre-Qualification Evaluation Requirements 9
  4. Ineligibility of a Prospective Bidder 9
  5. Prequalification Preparation Costs 10
  1. Invitation for Prequalification 10
  2. Requirements of Pre-Qualification Documents 11
  3. Language 12
  4. Currency 12
  5. Schedule of Pre-Qualification Process 12
  1. Pre-Qualification Application Submission 12
  2. Format and Signing of the Pre-Qualification Application 12
  3. Sealing and Marking of Pre-Qualification Applications 13
  4. Pre-Qualification Application Due Date 13
  5. Late Pre-Qualification Applications 14
  6. Modifications/ Substitution/ Withdrawal of Prequalification 14
  7. Pre-Qualification Opening and Evaluation 14
  8. Opening of Application – Due Date 14
  9. Evaluation of Pre-Qualification Applications – Criteria 14
  10. Evidence of Supporting Documents 14
  11. Right to Reject or Accept any or All Applications 15
  12. Confidentiality 15
  13. Qualification and Notification 15
  1. Criteria for Evaluation 16
  2. Relevant Transport Experience 17
  3. Transport Capability 17
  4. Financial Capability 17
  5. Mandatory Documentation 19
  1. Invitation for Bids 19

SECTION II: Pre-Qualification Data Sheet 20

SECTION III: Application and Data Forms 21

  1. Form 1General Information 22
  2. Form 2Experience Record 23
  3. Form 3Equipment Capabilities 24
  4. Form 4Financial Resources 27
  5. Form 5Litigation History 28
  6. Form 6Integrity Pact / Disclosure Clause 29
  7. Form 7Application Submission Form 30
  8. Form 8Power of Attorney 31
  9. Form 9Affidavit for not having blacklisted/barred/defaulted 32
  10. Form 10Checklist 33

DISCLAIMER

This Prequalification Document is provided to the recipient solely for use in preparing and submitting applications for prequalification in connection with carriage contract for transport of imported urea from various ports of Pakistan (hereafter called Project)to National Fertilizer Marketing Limited (NFML) designated stores. The Prequalification Document is being issued by the NFML solely for use by prospective investors in considering the Project.

Neither NFML, nor their employees make any representation (expressed or implied) or warranties as to the accuracy or completeness of the information contained herein, or in other document made available to a person in connection with the tender process for the Project and shall have no liability for this Prequalification Document or for any other written or oral communication transmitted to the recipient in the course of the recipient’s evaluation of the Project. Neither NFML, nor their representatives will be liable to reimburse or compensate the recipient for any costs nor expenses incurred by the recipient in evaluating or acting upon this Prequalification Document or otherwise in connection with the Project as contemplated herein.

This Prequalification Document does not constitute a solicitation to invest, or otherwise participate, in the Project. NFML reserves its right, in its full discretion, to modify the Prequalification Document and/or the Project at any time to the fullest extent permitted by law, and shall not be liable to reimburse or compensate the recipient for any costs nor expenses incurred by the recipient in such an event.

NATIONAL FERTILIZER MARKETING LIMITED

PREQUALIFICATION OF TENDERS

FOR CARTAGE CONTRACT

Introduction

a)NFML intends to prequalify experienced, capable and financially sound cartage transporters to participate in the tender for transportation of imported fertilizer by trucks / trailers or other justified means from Gawadar, Karachi and Bin Qasim Port to NFML consignees throughout Pakistan as and when directed by NFML.

b)National Fertilizer Marketing Limited (NFML) invites prequalification applications ("Prequalification Applications") from prospective bidders (each a "Prospective Bidder") for the execution and completion of NFML Cartage Contract 2014-2015as detailedbelow.

Scope of Work

a)NFML expects to transport the imported fertilizer through the Cartage Contractors for the period of 12 months subject to the terms of Cartage Contract. The actual quantity to be transported will depend upon the allocation made to NFML by the Government of Pakistan and Fertilizer Imported by TCP.

b)The actual requirements of trucks will be determined by NFML from time to time and conveyed to the Cartagecontractor through Port Representative at Karachi and or NFML Head Office. It is clearly understood that the Cartage Contractor will be required to provide the number of trucks per day as directed by the Port Representative on 24 hours notice. NFML shall reserve the right to withdraw its requisition in part or whole at any time without assigning any reason or paying any compensation to the Cartage Contractor.

c)The Cartage Contractor shall work as a non-exclusive Cartage Contractor of the Company for transportation and delivery of imported fertilizer through trucks/ trailers or other justified means from Karachi Port , Port Qasim and Gawadar (hereinafter referred to as the Port) to such destinations/places in such quantities and in such a manner as NFML shall direct.

Description of Work

The exact description of work shall be specified in the Cartage Contract which will be part of tender document issued to successful pre-qualified contractors, however key points of description are generally detail as below:

a)The CartageContractor will be bound to keep the urea in transit in safe custody, properly secure, without damage or loss and will be bound to indemnify the actual urea import price plus penalties as would be decided by NFML. Transit time for each distance will be decided by NFML, transit time will be calculated in HOURS with limited number and duration of stopovers and will be duly incorporated in cartage agreement, which shall be a part of Tender document for pre-qualified firms. However it must be particularly noted that for urea transport from Gawadar to Karachi Transshipment Go-downs if there is any delay in transit as per time lines mentioned in the cartage agreement, OR if the contractor indulges in subversive activities, strikes, deliberately holding or delaying the loading , unloading and transport of urea on any pretext, further dispatch of the cartage contractor would be stopped immediately and it would be liable for full penalties and full recoveries as per actual TCP cost , immediate suspension and(or) termination of agreement and (or) blacklisting of the contractor as decided by NFML competent Authority.

b)The Cartage Contractor shall at his own cost and expense establish an independent office with telephone connection at a site close to the Ports (to enable NFML to have liaison with the Contractor or his authorized representative as and when required without any loss of time. Such representative shall be literate/ competent enough and mutually acceptable to handle the work involved and shall be replaced by a substitute upon any complaint made against him by the Company.

c)The Cartage Contractor shall ensure that his representative is permanently posted at the Ports in order to take and acknowledge the receipt of delivery of the supply order/ stock transfer notes.

d)The Cartage Contractor will maintain a record of all supply orders and stock transfer notes received by him for execution in a proper register. All dispatches made against the documents received will be recorded date wise. The relevant information pertaining to truck numbers etc. will also be duly recorded.

e)The Cartage Contractor shall deliver the product to the consignee at the NFML designated destination and obtain signatures along with delivery date and stamp from the consignee for the receipt thereof on the Supply Order/ Stock Transfer Note form.

f)In case the Cartage Contractor in connivance with the consignee delivers/ unloads/ dumps the consignment at a place other than the designated destination, the Cartage Contractor shall be liable to pay NFML the full value of the consignment at TCP import price plus damages as would be defined in the Cartage Contract.

g)Loading both at Ports and unloading from trucks at destination(s) will not be the responsibility of the Cartage Contractor. However, at the time of loading the Cartage Contractor or his authorized representative will supervise the loading of fertilizer to ensure that the number of bags mentioned in Supply Order/ Stock Transfer Notes are exactly loaded and there is no improper loading. In case there is any delay or any loss, theft and adulteration or damage to the fertilizer due to improper loading after it has left Ports the Cartage Contractor will be held responsible for the same and will be liable to make good the losses plus damages as would be defined in the Cartage Contract.

h)The Cartage Contractor shall cover the entire product by tarpaulin at all times while in transit to avoid damage by rain, dust or other weather effects. If during transit rain, dust or other weather effects damage the fertilizer, the Cartage Contractor will be held responsible for the damage. External spoiling of bags through settlement of dust or soiling for any reason shall be construed to be damage to the product, and damages shall be levied on the contractor proportionate to the assessed value. The consignee shall check the use of tarpaulins at the receiving end. In case of a report by the consignee regarding tarpaulins not being used, the Cartage Contractor will be liable to pay damages plus damages as would be defined in the Cartage Contract.

i)The Cartage Contractor will be responsible to deliver the fertilizer in the same truck which has taken delivery at Ports. In case the truck receiving delivery from Ports meets an accident and does not remain in road worthy condition the fertilizer may be transferred to the other truck(s) by the Cartage Contractor who shall ensure its delivery to the destination in the original condition with due permission and prior information of NFML.

j)It will be responsibility of the Cartage Contractor to ensure that the driver of the truck presents on demand to the Competent Authority representing the Government or the Company documents related to the fertilizer carted by him i.e. Supply Order/Stock Transfer Notes, issued by the Company. “BILLTY” specifying the consignee and documents prescribed in the Motor Vehicles Act of Pakistan. The Cartage Contractor shall be responsible for the acts, commissions or omissions of his drivers and other servants and employees engaged by him and shall remain liable to pay to NFML the amounts plus damages as would be defined in the Cartage Contract , for ANY REASONS(s) WHATSOEVER there is any delayed delivery, non-delivery or short delivery of fertilizer or damage or loss to the fertilizer HOWSOEVER caused while the fertilizer is in the charge of and under the control of the Cartage Contractor.

k)The Cartage Contractor shall be solely responsible for any accident sustained by any of his labourers, drivers and other servants, agents and employees concerned in the handling and carriage of the product whether or not resulting in death and disability and shall be liable for all damages or compensation payable in respect of such accidents whether under the Workmen’s Compensation Act or the Fatal Accident Act, or any other enactment or law for the time being in force and shall keep NFML indemnified from against all claims made against NFML arising out of the work carried out by the Cartage Contractor under the Cartage Contract.

l)The Cartage Contractor shall be solely responsible for any and all liabilities arising in favour of third parties. The Cartage Contractor shall not at any time assign or sub-contract any one or more of the obligations imposed on him.

m)In case the Cartage Contractor sublets the Contract, NFML shall be within its right to terminate the Agreement forthwith forfeiting the security deposit and black listing the party.

n)NFML reserves the right to transport the fertilizer from ports by Railway Wagons, NLC Containers/ Trucks, dealers/ bulk purchasers own carriers, private carriers, or by other Cartage Contractors, or by its own transport in its discretion.

o)In the event of mal-performance/ non-performance by the Cartage Contractor(s), NFML has also the right to arrange transport through any means at the risk and cost of the Cartage Contractor and recover/debit the actual expenditure thereby incurred on transportation and handling including loading etc. as would be detailed in the Cartage Contract.

p)Remote monitoring and (or) tracker system from third party(s) and(or) third party validation of truck movement as decided by NFML may be installed and applicable on all vehicles at the expense of Cartage Contractor.

SECTION I: Instructions to Applicants

The underlying Prequalification Document is in accordance with the invitation for prequalification being published on28th September, 2014 and available on the website of NFML
1.Prospective Bidder

1.1Participation Restrictions

(i)No Prospective Bidder may prequalify if it owns more than five percent (5%) of the share (directly or indirectly, in terms of voting rights and/or rights to dividends) of another Prospective Bidder or is a member of another bidding company / firm.

(ii)No Prospective Bidder may prequalify if it has any representative onthe Board of Directors of another Prospective Bidder.

(iii)No Prospective Bidder may prequalify if any of NFML’sadvisors or external consultants holds any shares or has any representatives in the Board ofDirectors of the Prospective Bidder or is a member of another bidding company / firm.

(iv)No Prospective Bidder may prequalify if it is fertilizer dealer, is enlisted with NFML as Labour, Security or Tally Contractor or if it has affiliation (first kin only) with any employee of NFML.

(v)Joint venture experience and its resources and subcontracts shall NOT be considered for prequalification. However Limited Companies and Partnership firms would be considered as single entity.

1.2 Pre-Qualification Evaluation Requirements

The criteria for evaluation of prequalification are based on the company / firmtransport experience, transport capability and financial capability. Details of the selection criteria for each category are detailed in Section 5.

1.3 Ineligibility of a Prospective Bidder

  1. If the Prospective Bidder has been barred / blacklisted from participating in any project by any federal, provincial or local government or any government instrumentality in Pakistan, whereas the bar subsists as on the request for Prequalification application advertisement publication date in newspaper, such entity shall not be eligible to participate in pre-qualification and contract process, either individually or as a member of another bidding company. Any concealment at any later stage would automatically lead to cancellation of pre-qualification and cartage contract with appropriate ancillary damages as determined by NFML.
  2. A Prospective Bidder in the 5 (five) yearspreceding the Prequalification Application advertisement date in newspaper should not have:
  3. Failed to perform any contract, as evidenced by anarbitral or judicial authority or a judicial pronouncement or arbitration award againstthe Prospective Bidder as the case may be; or
  4. has been expelled from any project or contract by any public entity or authority; or
  5. had any contract terminated by any government or government instrumentality forbreach by such Prospective Bidder.
  6. should not have defaulted on any account on any previous or current contract with NFML

Such entity shall not be eligible to participate in pre-qualification and contract process, either individually or as a member of another bidding company. Any concealment at any later stage would automatically lead to cancellation of pre-qualification and cartage contract with appropriate ancillary damages as determined by NFML.

  1. Any concealment or later discovery of any default, concealment or misrepresentation by any means at any later stage would automatically lead to cancellation of pre-qualification and Cartage Contract with appropriate ancillary damages as determined by NFML.

1.4Prequalification Preparation Costs

The Prospective Bidder shall bear all costs associated with the preparation and submission ofthis Prequalification Application, including, without limitation, all costs and expenses relatedto the Prospective Bidder’s preparation of responses to questions or requests for clarification.

2.Invitation for Pre-Qualification

i.National Fertilizer Marketing Limited intendsprequalifying well reputed andexperienced companies/firm/proprietors, having significant financial and transport resources in its name for execution and completion of NFML Carriage Contract 2014-2015.

ii.Interested firms/companies may obtain prequalification documentsfrom the office of Manager (Commercial), 53 Jail Road, Lahore up to Monday the 20thOctober,2014, 4:00 P.M Pakistan Standard Time (PST) upon payment of a non-refundable fee of Rs.1,000/- (Rupees One Thousand only) in the form of DD/Pay order in the name of NFML

iii.The prequalification documents must be duly completed and deliveredon or before 14:00 Pakistan Time (PKT) on the Prequalification application Due Date mentioned in the Schedule of Prequalification Process provided in Section 2.4 and in the manner and form as detailed in Section 3 and this Prequalification document. Documents, which are received late,will be rejected and returned unopened.

iv.NFML may reject all or any application for prequalification and tender without assigning any reason and without bearing any cost or claim in relation to it, as per rules. Applicants will be informed of the result of the evaluation of applications in due course of time. Only the firms or contractors prequalified under this process will be invited to bid in subsequent tender.

v.There is no fee or deposit for the prequalification. However, at the time of inviting financial bid the successful bidder will be required to furnish security money of Rs 100,00,000/=(PKR 10 Million ) for each port in favour of NFML, Lahore till the period of contract/agreement with NFML.

For further details please contact:

Manager Commercial
53 Jail Road, Lahore
Contact No: +92-42-99205666-73,

2.1Requirementsof prequalification documents

i-The Prequalification Applications to be submitted by the Prospective Bidder shall compriseall the required documents according to the format provided in Section 7. All information provided by the Prospective Bidder through the documents mentioned in Section 7 shall be legally bindingon the bidderand should the need arise, may beused as evidence in any court of law, which has jurisdiction. Further NFML reservesthe right without further recourse to verify at its own cost the accuracy of any information provided herein.

ii-All the applicants to please note that as per PPRA Rules and Regulations, all the documents/statements submitted by a Firm/Company for its pre-qualification are under Oath. Any document/statement provided if proved false, misstated, concocted, or incorrect at any time during or after Pre-qualification will result into permanent disqualification and black listing of the firm/Company/Partners with their names displayed on PPRA website.