1

नाद�न� कोलफ��स �ल�मटेड (एक �मनी र� कंपनी)

महा�बंधक काया�लय

पो॰आ॰ ककर" प#रयोजना

िजला सोनभ' 231224 (उ-र �देश)

Northern Coalfields Limited (A Mini Ratna Company)

O/o The General Manager AT & P.O. Kakri Project,

Distt. Sonebhadra, 231224 (UP)

NIT No.: KKR/E&M/CHP/Tender/15-16/653 Dated: 17.4.2015

Notice Inviting Tender (e-Tendering):

1. Northern Coalfields Limited invites Tenders through on-line bidding process on the

website https://coalindiatenders.gov.in from the eligible bidders. For bidding online, the

bidders must possess Class-2 or Class-3 Digital Signature Certificate (DSC) issued from

any Certifying Authority (CA) authorized by Controller of Certifying Authority (CCA),

Govt. of India and which can be traced up to the chain of trust to the Root Certificate of

CCA. The tender document is also available on website https://eprocure.gov.in and NCL

website www.ncl.gov.in for download by the prospective bidders free of cost. There will

be no sale/ distribution of Hard Copy of the Tender Document.

DESCRIPTION OF WORK ESTIMATED COST

OF WORK (IN `̀̀̀)

EARNEST

MONEY

(IN `̀̀̀)

PERIOD OF

COMPLETION

(IN DAYS)

Repair and reconditioning of

mechanical items such as pulleys and

bearing blocks installed in conveyor

systems.

312690.00 3127/- Within

180 days

2. TIME SCHEDULE OF TENDER:

Sl.No. Particulars Date Time

a. Tender e-Publication date 22-04-2015 09:00:00

b. Document download start date 22-04-2015 09:00:00

c. Document download end date 03-05-2015 17:00:00

e. Start date for seeking Clarification on-line 22-04-2015 09:00:00

f. Last date for seeking Clarification on-line 29-04-2015 17:00:00

d. Bid Submission start date 23-04-2015 09:00:00

g. Bid submission end date 04-05-2015 17:00:00

h. Last date of receipt of EMD 05-05-2015 11:00:00

i. Bid opening date 06-05-2015 16:00:00

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3. The Bidder has to deposit the original EMD document in person or by postal means,

which must be received in the office of the Tender Inviting Authority on any working day

after e-publication of NIT and it must reach, on or before the due date and time of receipt

of EMD as indicated in ‘Time Schedule of Tender’. The original EMD document must be

submitted in sealed cover superscribed as “EMD against Tender

No……………Dated………., due on, and bearing ‘Name and Address’ of the tenderer,

addressed to Dy. General Manager (E&M), AT and PO Kakri Project Sonbhadra UP

231224

The EMD shall be in the form of

Demand Draft/ Banker’s Cheque in favour of “NORTHERN COALFIELDS LTD”

payable at Kakri Project drawn on Union Bank of India, Kakri Branch

In case, the application fee or EMD is submitted through any other branch of nationalised

bank, then the realisation/service charges ₹ 200.00 per ₹ 20,000.00 or part thereof is to be

paid extra.

OR

Bank Guarantee from any Nationalised / Scheduled Banks is to be submitted in the

prescribed format as mentioned in Annexure – D. The validity of such BG should be

minimum 28 days beyond the validity of the Bid.(In case of EMD value for Rs.1.00 lakh

or above)

In respect of the above EMD document the bidders are required to furnish the following

information on-line:

i. Demand Draft number/ Banker’s Cheque number/ Bank Guarantee number

ii. Date of Issue & Date of Expiry

iii. Instrument Number, Account number and Challan number

iv. Name of Issuing Bank

Exemptions:- State/Central Government Organizations/ PSU, valid NSIC registered firm

(for the tendered items) and Valid Ancillary units of NCL (for the tendered items) are

exempted from submission of EMD. Such bidders will have to upload the scanned copy of

the documents as specified below in support of their claim for exemption of EMD during

submission of bid online.

Sl

No.

Category of Bidders Documents against exemption of EMD.

1. State/Central Government

Organizations/ PSU

Self declaration.

2. NSIC registered Firms Valid and Complete NSIC Registration certificate for the

tendered items duly Self Certified and attested by Notary Public.

3. Ancillary Units of NCL Valid and complete ancillary status certificate for the tendered

item, duly self certified and attested by Notary Public.

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In case of discrepancy between the online submitted information regarding the

instruments for EMD and the original instrument being submitted by the bidders, the

later shall prevail if the instrument is valid on the date of submission of the tender by

the bidder and if it does not change the eligibility status of the bidder. The Company

shall not be responsible for any delay on part of the bidder in submission of EMD. In

case the EMD is not received within the aforesaid period, the bid will be out rightly

rejected.

Vendor Code: All bidders need to have vendor code in NCL. The vendors who have

already been allotted vendor code must mention it along with their EMD. Vendors,

who do not possess vendor code earlier must fill up Vendor Registration Form as

mentioned in Annexure-I after downloading NIT document and submit it along with

EMD before the last date of EMD submission duly completed and with all supporting

documents.

4. Clarification of Bid: The bidder may seek clarification on-line within the specified

period. His identity will not be disclosed by the system. The department will clarify

all the relevant queries of bidders. The clarifications given by the department will be

visible to all the bidders intending to participate in that tender.

5. Eligible Bidders: The invitation for bid is open to all bidders including an individual,

proprietorship firm, partnership firm, company or a Joint Venture having eligibility to

participate as per eligibility criteria stipulated in clause No.8 of NIT and having

Digital Signature Certificate (DSC) issued from any agency authorized by Controller

of Certifying Authority (CCA), Govt. of India and which can be traced up to the chain

of trust to the Root Certificate of CCA.

Joint Venture (applicable for estimate value of above 1.00 crore): Two or three

companies/contractors may participate in the tender as Joint Venture (JV). However,

the Joint Venture has to enroll as a separate bidder in its own name & style in the e-

Procurement Portal of CIL. Joint Ventures must comply with the following

requirements:-

i. The minimum qualification requirements for Joint Ventures: The qualifying criteria

parameters e.g. experience, financial resources etc. of the individual partners of the

J.V. will be added together and the total criteria should not be less than as spelt out in

qualification criteria.

ii. The formation of Joint Venture or change in the Joint Venture character/partners after

submission of the bid and any change in the bidding regarding Joint Venture will not

be permitted.

iii. Any bid shall be signed so as to legally bind all partners jointly and severally and any

bid shall be submitted with a copy of the Joint Venture Agreement (JV Agreement)

providing the joint and several liabilities with respect to the contract.

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iv. The pre-qualification of a joint venture does not necessarily pre-qualify any of its

partners individually or as a partner in any other joint venture or association. In case

of dissolution of a joint venture, each one of the constituent firms may pre-qualify if

they meet all the pre-qualification requirements, subject to written approval of the

employer.

v. The JV Agreement must include the relationship between joint venture partners in the

form of JV Agreement to legally bind all partners jointly and severally for the

proposed agreement which should set out the principles for the constitution,

operation, responsibilities regarding work and financial arrangements, participation

(percentage share in the total) and liabilities (joint and several) in respect of each and

all of the firms in the joint venture. Such JV Agreement must evidence the

commitment of the parties to bid for the facilities applied for (if pre-qualified) and to

execute the contract for the facilities if their bid is successful.

vi. One of the partners responsible for performing a key component of the contract shall

be designated as Lead Partner. This authorization shall be evidenced by a Power of

Attorney signed by legally authorized signatories of all the partners.

vii. The JV Agreement must provide that the Lead Partner shall be authorized to incur

liabilities and receive instructions for and on behalf of any and all partners of the Joint

Venture and the entire execution of the contract shall be done with active participation

of the Lead Partner.

viii. The contract agreement should be signed jointly by each Joint Venture Partners.

ix. An entity can be a partner in only one Joint Venture. Bid submitted by Joint Ventures

including the same entity as partner will be rejected.

x. The J.V. agreement may specify the share of each individual partner for the purpose

of execution of this contract. This is required only for the sole purpose of

apportioning the value of the contract to that extent to individual partner for

subsequent submission in other bids if he intends to do so for the purpose of the

qualification in that tender.

For Eligibility Joint Venture should possesses following documents:

The JV can submit maximum three numbers of work experiences, which may be of

any of the individual partners of JV or of the JV itself. The work experience of any

one, two or three of the individual partners of JV may be furnished as the work

experience of the JV.

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a) In case of financial turnover, the turnover of the individual partners of the JV will be

added together for each financial year and is to be furnished as the financial turnover

of the bidder for that particular financial year.

b) In case of financial net worth the value of Net Worth of the individual partners of the

JV will be added together for the latest financial year which shall be considered as the

Net Worth of the J.V.

c) Each individual partner of JV should possess Permanent Account Number (PAN)

issued by Income Tax Department, Govt. of India.

d) Each individual partner of JV should possess a VAT/Sales Tax Registration on works

contract issued by Sales Tax Department of any Indian State.

e) Each individual partner of JV should possess PAN based Registration with Service

Tax Authority (Central Service Tax Registration).

6. Eligibility Criteria: Only those tenderers shall be eligible, who have the required

experiences and turnover as detailed below in clause no. 6.1 & 6.2 :

6.1 Work Experience : The intending tenderer must have in its name as a prime contractor

experience of having successfully completed similar works in any

Government/Semi-Government/Public Sector Undertakings (Central

/ State) during last 7 (seven) years ending last day of month previous

to the one in which bid applications are invited should be either of

the following:-

Three similar completed works each costing not less than the amount equal to 40% of

the estimated cost.

Or

Two similar completed works each costing not less than the amount equal to 50% of

the estimated cost.

Or

One similar completed work costing not less than the amount equal to 80% of the

estimated cost.

Definition of similar work: - Any mechanical works (Repair/Maintenance of

equipments) in industrial or material handling plants or in HEMM

In all the above cases, while considering the value of completed works, the full value

of completed work be considered whether or not the date of commencement is within

the said 7 (seven) years period.

In case the bidder is not a prime contractor, but a sub-contractor, the bidder’s

experience as sub-contractor will be taken into account, against suitable document

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that the contract in support of qualification is a sub-contract in compliance with the

provision of such sub-contracts in the original contract awarded to prime contractor.

The document may be issued by owner/Govt. department on behalf of the owner.

The cost of executed works shall be given a weightage to bring them at

current price level by adding 5% for each completed year after the end date of

experience till one year before the last day of month previous to one in which e-

Tender has been invited.

The above qualification criteria shall be fulfilled by JV in the following manner:-.

a. The qualifying criteria parameter e.g. experience of the individual partners of the J.V

will be as deliberated hereinafter towards fulfilment of qualification criteria related to

experience.

In case of completion of single work of similar nature costing, not less than the

amount equal to 80% of the estimated cost put to tender:

Any of the JV partner shall have the experience of having completed successfully a

single work of similar nature equal to 80% of the estimated cost put to tender.

Or

b. In case of completion of two works of similar nature each costing not less than the

amount equal to 50%of the estimated cost put to tender :-

i) Any one partner can match the above requirement.

Or

ii) At least two partners should each have completed at least one work of similar nature

each costing not less than the amount equal to 50% of the estimated cost put to tender.

Or

c) In case of completion of three works of similar nature, each costing not less than the

amount equal 40% of the estimated cost put to tender:-

i) Any one partner can match the above requirement.

Or

ii) Any two partners shall match the above requirement through completion of at least

one work of similar nature each costing not less than the amount equal 40% of the

estimated cost put to tender:-

Or

iii) All the three partners shall match the above requirement through completion of at least

one work of similar nature each costing not less than the amount equal 40% of the

estimated cost put to tender.

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However, during fulfilment of any of the above criteria one of the partners, who is the

lead partner, shall have:-

i) More than 50 (fifty) % share in J.V.

and

ii) Experience of having completed successfully a single work of similar nature equal to at

least 40% of estimated cost put to tender

Note: In case the bidder is a joint venture, the above information in respect of each individual

partner of JV may be furnished and the eligibility experience of JV will be assessed as per

pre-defined logic elaborated above.

In case the bidder is a Joint Venture, the work experience of any or all of the individual

partners of JV may be furnished to evaluate the work experience of the bidder. In case of JV,

if work experience of all the partners is not submitted the system will not disqualify the JV

and instead shall consider assuming a value of zero for partner/partners who has/have not

submitted the experience value and certificate.

Data to be furnished by the Bidders on line :

1. Start date & end date of each qualifying experience (similar nature)

2. Work order Number /Agreement Number of each experience

3. Name & address of Employer/Work Order Issuing authority of each experience

4. Percentage (%) share of each experience (100% in case of an

Individual/proprietorship firm or a partner in a partnership firm or and the actual %

of share in case of a Joint Venture/Consortium).

5. Executed Value of work against each experience

Technical evaluation by the System:

a. The system shall calculate the period of 7 years backwards starting from the last day of

month previous to the e-Publication date of NIT.

b. The system shall check the End date of each experience (The system shall NOT allow

more than 3 entries for experience) and accept it as a qualifying experience if the end

date of experience falls within the 7 years computed by the system.

c. The system shall calculate the value of each qualifying experience by multiplying the

value with the %share of experience and adding 5% for each completed year after the

end date of experience of work till one year before the last date of month previous to one

in which the NIT has been published on e-Tendering portal.

d. The system shall check the experience with highest value whether it exceeds 80% of

ECV. In case it does not, it shall check the top 2 experiences whether each of them is

greater than 50% of ECV. In case, it still does not, the system shall check all 3 qualifying

experiences whether each of them exceeds 40% of ECV. The system shall regard the

bidder as 'Eligible' if it meets any of the aforementioned criteria or else it shall consider

the bidder as 'Ineligible'.

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e. The weightage of 5% every year will be on simple rate and will not be compounded on

yearly basis for the purpose of calculating the value of each qualifying experience.

f. The work experience of the bidder for those works only shall be considered for

evaluation purposes, which are completed before the last date of month previous to one

in which NIT has been published on e-Tendering portal. Hence, the works which are

incomplete/ongoing, as on the last date of month previous to one in which NIT has been

published on e-Tendering portal, shall not be considered against eligibility.

g. In case the work is started prior to the eligibility period of 7 years

(counted backwards starting from the last day of month previous to the

e-Publication date of NIT) and completed within the said eligibility

period of 7 years, then the full value of work shall be considered against

eligibility.

h. In case the experience has been earned by the bidder as an individual or proprietor of a

proprietorship firm or partner of a partnership firm, then 100% value of the experience

will be considered against eligibility. But if the experience has been earned by the bidder

as a partner in a Joint Venture firm then the proportionate value of experience in

proportion to the actual share of bidder in that Joint Venture will be considered against

eligibility.

Scanned copy of documents (self-certified and attested by Notary Public) to be uploaded by

bidders (CONFIRMATORY DOCUMENT):

1) Satisfactory Work Completion Certificate/Passed copy of final bill issued by the

employer.

2) Copy of corresponding work order /LOI/LOA along with BOQ against the Experience of

similar work containing all the information as furnished by bidder on-line.

3) In case of sub-contractor suitable document as per provision of eligibility- if applicable.

6.2 Financial Turnover: Average annual financial turnover during the last 3 (three) years

ending 31st March of the previous financial year should be at least 30% of the estimated

cost.

Also in addition to this (applicable only for the works with estimated value exceeding

Rs. 100 Lacs), a copy of the latest Audited Annual Accounts should be submitted. If the

aggregate of Capital + Free Reserve + Accumulated losses show a negative net worth,

the offer of the said tenderer (showing negative net worth) will be rejected.

Data to be furnished by Bidders on line :

i. Average annual financial turnover during the last 3 years ending 31st

March of the previous financial year

ii. Name of the Chartered Accountant issuing the audited balance sheet or

turnover certificate.

iii. Membership Number of the CA

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Technical evaluation by the System :

(i) The system shall have to calculate the 30 % of the estimated value

(ECV) as the required average turnover of the bidder.

(ii) The system shall calculate the average of the financial turnover during

last 3 years furnished by the bidder with updation of 5% for the second year and 10%

for the third year on simple rate. No updation will be made for the first year.

(iii) The average shall be compared with the minimum requirement to

ascertain the eligibility status of the bidder.

(iv) If any bidder does not submit the Turnover value for any of the 3 years, the system

will not disqualify him and instead shall consider all 3 years for computing the

average by assuming a value of ‘zero’ for the year for which no information is given

by bidder.

Scanned copy of documents (self-certified and attested by Notary

Public) to be uploaded by bidders (CONFIRMATORY DOCUMENT):

i. Financial Turnover certificate or audited balance sheet showing turnover for last 3

(three) financial years issued by a Practicing Chartered Accountant having a

membership number with Institute of Chartered Accountants of India.

6.3 Net worth (applicable for estimate value of above Rs.100 Lacs):

The Net Worth of the bidder based on latest audited annual accounts as on 31st

March……(e.g. for tenders floated in the financial year 2014-15, this will be ……as

on 31st March 2013) shall not be negative. The Net Worth shall be equal to :-

Aggregate of the Capital + Free Reserve ± Accumulated Profit/Losses. Offer of the

bidder showing Negative Net Worth will be rejected (Net Worth provision applicable

for tendered works with estimated cost above 100 lakhs).

The qualifying criteria parameter e.g. net worth of the individual partners of the J.V.

will be added together, for the relevant financial year, and the total should not be

negative.

The intending bidder must submit documentary evidence in support of above in the

form of certificate from Chartered Accountant based on latest audited Balance Sheet.

In respect of the above eligibility criteria the bidders are required to furnish the

following information on-line:

I. Confirmation in the form of YES/NO regarding availability of not having negative net

worth.

II. Scanned Copy of document as explained at cl. 7 related to Net worth.

Technical evaluation by the System:

(i) The system will evaluate “Yes” as eligible and “No” as not eligible.

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In case of JV, Net worth certificate of all the partners be submitted otherwise the

system will disqualify the JV.

Scanned copy of documents (self-certified and attested by Notary

Public) to be uploaded by bidders (CONFIRMATORY DOCUMENT):

(i) Certificate, issued by a Practicing Chartered Accountant having membership with

Institute of Chartered Accountants of India, containing the information on Net worth

based on latest Audited Annual Account (applicable for civil works with estimated

cost above Rs.100 lakhs). In case of JV, Net Worth Certificate of each partner shall be

given.

7. Permanent Account Number :- The bidder should possess a permanent

account number issued by Income tax Department. (In case of proprietorship firms,

PAN card in the name of proprietor will be accepted and for other firms like company

or partnership firms, only the PAN cards issued in the name of firm will be accepted.)

Data to be furnished by Bidder on-line:-

(i) Confirmation in the form of YES/NO regarding possessing of PAN

Technical evaluation by the System:

(i) The system will evaluate “Yes” as eligible and “No” as not eligible.

Scanned copy of documents (self-certified and attested by Notary Public) to be uploaded by

bidders (CONFIRMATORY DOCUMENT):

(i) PAN CARD Of the bidder.

8. VAT/SALES TAX REGISTRATION :-

The bidder should possess a VAT/ Sales Tax and Service Tax registration

certificates on works contract issued by Concerned Departments of Indian

State and Government of India respectively.

Data to be furnished by Bidder on-line:-

(i) Confirmation in the form of YES/NO regarding possessing of VAT/Sales Tax

registration.

Technical evaluation by the System:

(i) The system will evaluate “Yes” as eligible and “No” as not eligible.

Scanned copy of documents (self-certified and attested by Notary Public) to be uploaded by

bidders (CONFIRMATORY DOCUMENT):

(i) VAT/ Sales Tax Registration Certificates.(not applicable if the work is purely service

in nature)

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9. PAN based Service Tax Registration:-

The bidder should possess a PAN based Service Tax registration certificates

(exempted for Small Service Providers, whose aggregate value of taxable service

rendered from one or more premises does not exceed Ten Lakhs Rupees in the

preceding financial year) on works contract issued by Concerned Departments of

Indian State and Government of India respectively.

Data to be furnished by Bidder on-line:

i. Confirmation in the form of YES/NO regarding possessing either of Service Tax

registration or Small Service Provider status.

Technical evaluation by the System:

(i) The system will evaluate “Yes” as eligible and “No” as not eligible.

Scanned copy of documents (self-certified and attested by Notary

Public) to be uploaded by bidders (CONFIRMATORY DOCUMENT):

a) Service Tax Registration Certificate

Or

b) A Certificate from a practicing Chartered Accountant that the bidder is exempted for

Service Tax Registration and/or payment of Service Tax.

10. General Essential Requirements for Works:-

10.1 The bidders will have to:-

1. Accept all the Terms and Condition of the NIT and Tender Document

Unconditionally on line.

2. Give all the undertakings online as applicable for the tender specified in the NIT.

3. The bidders has to upload online the scanned copy of documents (self-certified and

attested by Notary Public), as specified in the NIT for evaluation by Tender

Committee as per the checklist given.

4. If the bidder himself is not the DSC holder bidding in this tender then the power of

attorney or any legally acceptable authority to bid on behalf of the bidder.

Data to be furnished by Bidder on-line:-

(i) Confirmation in the form of Agree/Disagree for accepting user portal agreement

(ii) Confirmation in the form of Yes/No regarding “ either the bidder himself is the DSC

holder bidding in the tender or is in possession of any legally acceptable document to

bid on behalf of the bidder”

(iii) Confirmation in the form of Yes/No that whether he possess the required document to

prove his legal status

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Technical evaluation by the System:

i. System will capture data in the YES/NO format from the bidder and will decide the

eligibility.

Scanned copy of documents (self-certified and attested by Notary Public) to be

uploaded by the bidders (CONFIRMATORY DOCUMENT):

10.2 One of the following documents for legal status:

I. Any document to prove proprietorship

II. Partnership deed containing name of partners and details of assets, if required.

III. Memorandum & Article of Association with certificate of incorporation

IV. Joint Venture agreement containing name of Partners and lead partner, POA to the

Lead Partner and share of each partner.

10.3 For authorization of DSC holder:

I. If the bidder himself is the DSC holder bidding online: No Document.

II. If the DSC holder is bidding online on behalf of the bidder: Power of Attorney or any

other legally acceptable document authorizing DSC holder to bid on behalf of the

bidder.

III. The bidder has to furnish Digital signature certificate along with power of attorney or

any sort of legally acceptable authority to bid on behalf of the bidder.

11. Electrical Contractors Licence (As per applicability):- The bidder should possess

Copy of the valid electrical contractor’s licence (Class- A or B) for operation in the

State of MP or valid electrical contractor's licence (Class – A or B) for operation in

any other state but in that case the tenderer will have to give an undertaking that he

will submit the above licence for operation in MP before start of the work at site, if

the contract is awarded to him.

Data to be furnished by Bidder on-line:

a). Confirmation regarding possessing of Electrical Contractor’s License (Class-A or B)

issued by Electrical Licensing Board/Authority of any Indian state, in the form of Yes

/ No.

b). In case the bidder is a Joint Venture, at least one partner of JV should possess the

valid Electrical Contractor’s License issued by Electrical Licensing Board/Authority

of any Indian state, in accordance with IE Rule-45.

Technical evaluation by the System:

i. System will capture data in the YES/NO format from the bidder and will decide the

eligibility.

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Scanned copy of documents (self-certified and attested by Notary Public) to be

uploaded by the bidders (CONFIRMATORY DOCUMENT):

i. Copy of electrical contractors licence

ii. Undertaking that he will submit the above licence for operation in MP before start of

the work at site, if the contract is awarded to him(If applicable).

12. Service Tax Status of Bidder:

The bidder should be either a Small Service Provider and exempted for service tax

registration and/or payment of service tax.

OR

A Body Corporate

OR

Other than above two categories

In case the bidder is a joint venture, each individual partner of JV should possess the

required document as enlisted above to confirm that the bidder is either a Small

Service Provider and exempted for Service Tax registration and/or payment of

Service Tax OR a Body Corporate OR Other than above two categories.

Case-I: Services for which CENVAT Credit is not available to the Company

(CIL/Subsidiary) : For calculation of Total Bid Value, components of Service Tax required to

be paid by the Bidder and to be paid by the Company (as per Reverse Charge Mechanism &

status of the Bidder), as computed by the system will be added to the rates quoted by bidder

excluding Service Tax to decide the L-1 i.e. the ranking of the Bidders will be decided based

on rates quoted by the bidders (excluding Service Tax) Plus total Service Tax i.e. Cost to the

Company.

The share of Service Tax to be deposited by the Company (CIL/Subsidiary) will be deducted

from the Total Bid Value to arrive at the Contract/Award Value.

Case-II: Services for which CENVAT Credit is available to the Company (CIL/Subsidiary) :

For calculation of Total Bid Value, component of Service Tax required to be paid by the

Bidder and to be paid by the Company (as per Reverse Charge Mechanism & status of the

Bidder), as computed by the system will be ignored to decide the L-1 i.e. the ranking of the

Bidders will be decided based on rates quoted by the bidders (excluding Service Tax) only,

i.e. Cost to the Company.

However share of Service Tax to be deposited by the Bidder will be added to the Total Bid

Value to arrive at the Contract/Award Value.

The applicable share of Service Tax (under reverse charge mechanism w.e.f. 01.07.2012) is

given below:

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Type of Works Contract % value of work on

which

Service Tax is payable

by

the bidder & by the

Company

(CIL/ Subsidiary)

(X)

STATUS OF THE BIDDER

(X) Small Service

Provider availing

exemption from

paying Service

Tax.

Body Corporate Other than Body

small service

provider not

availing

exemption from

paying Service

Tax.

Share of Service

Tax (%) of “X”

Share of Service

Tax (%)of “X”

Share of Service

Tax (%)of “X”

Bidder NCL Bidder NCL Bidder NCL

(Agency) (Agency) (Agency)

a) For new construction,

addition/alteration of

existing structures and

erection/commissioning/

installation of new P&M

etc.

40% Nil 6.18 12.36 Nil 6.18 6.18

b) Works contract other

than above (a)

70% Nil 6.18 12.36 Nil 6.18 6.18

Services not covered under reverse charge mechanism:

Other services not covered

under Reverse charge

Mechanism

100% NIL NIL 12.36 NIL 12.36 NIL

Services exemption from

Service Tax

NIL

NOTE:

1) A Small Service Provider is one whose aggregate value of taxable service rendered by

a provider of Taxable service from one or more premises does not exceed Ten Lakhs

Rupees in the preceding financial year.

2) Body Corporate i.e. a Company registered under Companies Act, 1956.

3) Other than Body Corporate and Small Service Provider not availing exemption of

Service Tax i.e. Individual, Proprietorship, Partnership and Joint Venture.

4) When L-1 bidder has been awarded the work on the basis of being a Small Service

Provider getting exemption from payment of Service Tax (as per status chosen by the

bidder), no Service Tax will be reimbursed to them in the event of bidders total

turnover of taxable services from all sources exceeding the threshold limit of

exemption during the tenure of this contract.

13. The tenderer should ensure implementation of CMPF & Miscellaneous Provision Act

1948 and allied scheme. The tenderer should submit affidavit in this regard duly

authenticated by Notary.

OR

Those tenderers who are registered under EPF scheme and their employees covered under the

said scheme may continue to operate under EPF scheme. They should furnish such proof.

15

14. Other details required to be submitted with tender shall be available in tender document in

“ANNEXURES”

15. General Essential Requirements for Works:

Data to be furnished by Bidder online:

(i) Confirmation in the form of Agree/ Disagree for accepting user portal agreement

(ii) Confirmation in the form of Yes/ No as per the checklist given below :

S No PARTICULARS

1. I agree to accept user portal agreement.

2. Letter of Bid (LOB)

3. Authorization to DSC Holder bidding online on behalf of bidder

4. Confirmation either the bidder himself is the DSC holder bidding in the tender or is in

possession of any legally acceptable document to bid on behalf of the bidder

5. I agree for undertaking of genuineness and authenticity of documents/credentials as per NIT

6. I agree for Earnest Money Deposit clause as per NIT

7. I agree to ensure implementation of CMPF/EPF, in respect of the workers deployed by me as

per Clause of NIT

8. I agree for payment terms as per NIT

9. Mandate e-payment form for Electronic Fund Transfer/ Internet Banking Payment if not

submitted earlier

10. I agree to provide Vendor code(if already registered)/ filled vendor registration form (if not

registered)

11. I agree for acceptance of all NIT Technical and Commercial Terms clause as per NIT

12. I accept all the terms and condition of the NIT and Tender Document Unconditionally on-line

13. I agree to comply eligibility criteria as per NIT

14. I agree for submission of Certificates etc. clause as per NIT

15. I agree for Taxes and duties clause as per NIT

16. I agree for validity of Offer/ Bid clause as per NIT

17. I agree the department reserves the right to reject or accept or withdraw Bid if necessary

18. I agree to abide by the jurisdiction of court as per NIT

19. I agree for Security Deposit clause as per NIT

20. I agree to the contents of affidavit submitted duly signed in the desired format of NIT

21. I agree for Banned or Delisted Supplier/Contractor clause as per declaration given in the

Annexure of NIT

22. I agree that I have not occupied the quarter / premises of NCL un-authorizedly

23. I agree to provide required document to prove legal status

24. I agree that I possess a valid PAN

25 I agree that I possess a valid VAT/Sales tax registration

26 I agree that I possess a either valid PAN based service tax registration or status of small

service provider.

27. I agree that I possess a valid electrical contractors licence (class A or B)

28. I agree for compliance of SA-8000 guidelines

29. I agree for Force majeure Conditions clause as per NIT

30. I agree that I do not have negative net worth

(applicable for estimate value of above Rs.100 Lacs)

16

(iii) The bidder has to upload online the scanned copy of documents (self-certified and attested by

Notary Public), as specified in the NIT for evaluation by Tender committee as per the checklist

given below:

CHECK LIST OF DOCUMENTS TO BE UPLOADED BY THE BIDDERS

S

No.

Eligibility Criteria Information to be

furnished by bidder

online

Scanned copy of

documents (self-

certified and attested by

Notary Public) to be

uploaded by the bidders

in support of

information/declaration

furnished online by the

bidder against

Eligibility Criteria

(SUPPORTING

DOCUMENT)

To be up

loaded in file

name/ cover

1. EMD document in

form of Demand

Draft or Banker’s

Cheque

Or

Bank Guarantee,

(only in case the

EMD value being

Rs.2.00 Lakh or

above), BANK

GUARANTEE

FORMAT IS

GIVEN IN

ANNEXURE-D)

-Demand Draft/ Banker’s

Cheque/Bank Guarantee

Number

- Date of Issue & Date of

Expiry

-Instrument Number,

Account number and

Challan number

-Name of Issuing Bank

DD/BC / BG

Or

Documents in support of

EMD exemption

COVER I in

Fee

document. pdf in single pdf

2. THE WORK

EXPERIENCE : The

intending tenderer

must have in its

name as a prime

contractor

Experience of having

successfully

completed similar

works during last 7

(seven) years ending

last day of month

previous to the one

in which bid

applications are

invited should be

either of the

following:-

Three similar

completed works

each costing not

less than the

- Start & end date of each

qualifying experience

(similar nature)

-Work order/Agreement

Number of each

experience

-Work Order Issuing

authority of each

experience

- % share of experience

(100% in case proprietor

or a partner in a

partnership firm or the

actual % of share in case

of a Joint

Venture/Consortium).

- Executed Value of work

against each experience

Satisfactory Work

Completion Certificate/

passed copy of final bill

issued by the employer

against the Experience

of similar work

containing all the

information as sought

online.

COVER I in

Eligibility.pdf in single pdf

17

amount equal to 40%

of the estimated cost.

Or

Two similar

completed works

each costing not less

than the amount

equal to 50% of the

estimated cost.

Or One similar

completed work

costing not less than

the amount equal to

80% of the estimated

cost. In all the above

cases, while

considering the

value of completed

works, the full value

of completed work

be considered

whether or not the

date of

commencement is

within the said 7

(seven) years period

3 Average annual

financial turnover

during the last 3

years ending 31st

March of the

previous financial

year

(i) annual financial

turnover during the last

3 years ending 31st

March of the previous

financial year

(ii) Name of the

Chartered Accountant

issuing the audited

balance sheet or

turnover certificate.

(iii)Membership

Number of the CA

Financial Turnover

certificate or audited

balance sheet showing

turnover for last 3

(three) financial years

issued by a Practicing

Chartered Accountant

having a membership

number with Institute

of Chartered

Accountants of India.

COVER I in

Eligibility.pdf in single pdf

4. Net worth

(applicable for

estimate value of

above Rs.100 lacs)

Confirmation in the

form of YES/NO

regarding availability of

not having negative net

worth

Certificate, issued by a

Practicing Chartered

Accountant having

membership with

Institute of Chartered

Accountants of India,

containing the

information on Net

worth based on latest

Audited Annual

Account (applicable

for civil works with

COVER I in

Eligibility.pdf in single pdf

18

estimated cost above

Rs.100 lakhs)

In case of JV, Net

Worth Certificate of

each partner shall be

given

(self-certified &

attested by Notary

Public)

5. Legal Status of the

bidder

- Legal status of bidder

i.e.

Proprietorship/partnership/

Limited Company/Joint

Venture

- Name of Proprietor/

existing partners/existing

directors

- Assets of the partnership

firm , if required

Any one of the

following document :

- Any other document

to prove

proprietorship/Individual

status of the bidder.

- Partnership deed

containing name of

partners

- Memorandum &

Article of Association

with certificate of

incorporation containing

name of bidder

- Joint Venture

agreement containing

name of partners and

lead partner, Power of

Attorney to the Lead

Partner and share of

each partner.

Other

Important

Document

(OID)

6. Valid Permanent

Account Number

(PAN)

Permanent Account

Number

PAN card issued by

Income Tax department,

Govt .of India (In case

of JV, PAN card for

each individual partner

of JV, scanned and

uploaded in single pdf

file)

Other

Important

Document

(OID)

7. Valid digital

signature certificate

Digital signature

certificate

If the bidder himself is

the DSC holder bidding

on-line then no

document is required.

However, if the DSC

holder is bidding

online on behalf of the

bidder then the Power

of Attorney or any sort

of legally acceptable

document for the

authority to bid on

behalf of the bidder

COVER I in

LOB.pdf in

single pdf

8. Vat/Sales Tax and TIN Number VAT/ Sales Tax Other

19

Service Tax

Registrations on

Works Contract

registration

issued by Concerned

Departments of Indian

State and Government

of India respectively.

(In case of JV,

VAT/S.T and Service

Tax Registration

certificates for each

individual partner of

JV)

Important

Document

(OID)

9. Valid Electrical

contractors License

(For Electrical works

Only, for which

license is required)

License Number Electrical contractors

License issued from

competent authority as

applicable for E&M

Works.

COVER I in

Eligibility.pdf in single pdf.

10. An undertaking

regarding

genuineness of the

information

furnished by him

on-line and

authenticity of the

scanned copy of

documents uploaded

by him on-line in

support of his

eligibility, as per the

format given in the

bid document at

Annexure I.

COVER I in

AnD.pdf in

single pdf

11. Letter of Bid (LOB)

For Authorization of

DSC holder:

a) If the bidder

himself is the DSC

holder bidding online

: NO DOCUMENT

b) If the DSC holder

is bidding online on

behalf of the bidder:

Power of Attorney or

any other legally

acceptable document

authorizing DSC

holder to bid on

behalf of the bidder.

(AS GIVEN IN

WORK ITEM

DOCUMENTS IN

FILE LOB.PDF)

. LOB to be

printed on the

letter head of

bidder and up

loaded in

COVER I in

LOB.pdf in

single pdf

12. Affidavit of

Annexures/

To be uploaded in

COVER I in AnD.pdf in

COVER I in

AnD.pdf in

20

Declarations (AS

GIVEN IN WORK

ITEM

DOCUMENTS IN

FILE AnD.PDF)

single pdf single pdf

13. Price bid (BOQ)

(AS GIVEN IN

WORK ITEM

DOCUMENTS IN

FILE BOQ.XLS)

Same file to

be uploaded as

downloaded

(after quoting

rates) To be

uploaded in

COVER II

Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any

additional/ other relevant documents to support the information/declaration furnished by

bidder online against eligibility criteria may also be attached by the bidder in the same file to

be uploaded against respective eligibility criteria.

16. UNDERTAKINGS TO BE FURNISHED ON-LINE BY THE BIDDER

USER PORTAL AGREEMENT

(e- Tender Portal User Agreement)

In order to create a user account and use the e-Tender portal you must read and accept

this e-Tender portal User Agreement.

UNDERTAKINGS TO BE FURNISHED ONLINE BY THE BIDDER

I DO HEREBY UNDERTAKE

i) That all the information being submitted by me/us is genuine, authentic, true and valid

on the date of submission of tender and if any information is found to be false at any

stage of tendering or contract period I/We will be liable to the penal actions as

prescribed in the Civil engineering manual.

ii) That I/we accept all terms and condition of NIT, including General Terms and

Condition and Special/Additional Terms and Condition as stated there in the

tender document as available on the website.

iii) That I/we accept the Integrity Pact as given in the tender document (if applicable).

iv) That I/we am/are giving my/our consent for e-payment and submitting/shall submit

the mandate form for e-payment in the format as prescribed in the document in case,

the work is awarded to us.

v) That I/we do authorize CIL/subsidiary for seeking information/clarification from my

Bankers having reference in this bid.

21

vi) That I/we will upload photo copies of all relevant documents as prescribed in

the tender document in support of the information and data furnished by me/us

online.

vii) That I/We accept all the undertakings as specified elsewhere in the tender document.

viii) That this online agreement will be a part of my bid and if the work is awarded to

me/us, this will be a part of our agreement with CIL/subsidiary Company.

NOTE: It is responsibility of Bidder to upload legible/clearly readable scanned copy of all

the required documents as mentioned above. The bidders are not required to submit hard

copy of any document through offline mode. Any document submitted offline will not be

given any cognizance in the evaluation of tender except EMD document.

17. Bid Validity: The validity period of the tenders shall be 120 (One Hundred twenty) days

from the end date of bid submission.

18. Submission of Bid:

a. In order to submit the Bid, the bidders have to get themselves registered online on the e-

Procurement portal (https://coalindiatenders.gov.in) with valid Digital Signature Certificate

(DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt.

of India, and which can be traced up to the chain of trust to the root certificate of CCA. The

online Registration of the Bidders on the portal will be free of cost and one time activity only.

The registration should be in the name of bidder, whereas DSC holder may be either bidder

himself or his duly authorized person. The bidder is one whose name will appear as bidder in

the e-Procurement Portal.

b. The bidders have to accept unconditionally the on-line user portal agreement at

https://coalindiatenders.gov.in which contains the acceptance of all the Terms and

Conditions of NIT including Commercial & General Terms & Conditions and other terms, if

any, along with on-line undertaking in support of the authenticity of the declarations

regarding the facts, figures, information and documents furnished by the Bidder on-line in

order to become an eligible bidder. No conditional bid shall be allowed/ accepted. This user

portal agreement will be a part of NIT/Contract document.

c. In the undertaking given by the bidder online, there will be provision for penal action, if any

information/ declaration furnished online by the bidder against eligibility criteria are found to

be wrong at any stage which changes the eligibility status of the bidder.

d. Letter of Bid: The format of Letter of Bid (as given in the NIT) will be downloaded by the

bidder and will be printed on Bidder’s letter head and the scanned copy of the same will be

uploaded during bid submission in cover-I. This will be the covering letter of the bidder for

his submitted bid. The content of the “Letter of Bid” uploaded by the bidder must be the same

as per the format downloaded from website and it should not contain any other information.

Note: If the DSC holder is bidding on-line on behalf of the bidder, the power of Attorney or

authorization (self-authenticated and attested by public Notary) is to be uploaded along with the LOB

22

in a single .pdf as mentioned in the Annexure B. If the bidder himself is the DSC holder bidding on-

line then power of Attorney or authorization is not required.

e. General Terms and Condition of the NIT as mentioned are mentioned in the” General

Technical Evaluation “ in the NIT. Bidders need to be confirmed in the form of Yes/No as

given in clause 6(I).

f. Price bid: The Price bid containing the Bill of Quantity will be in Excel format and will be

downloaded by the bidder and he will quote the rates for all items on this Excel file. Prior to

quoting the rates in the BOQ file, the bidder will select the appropriate status from the

following list given in the BOQ:-

I). Small Service Provider and exempted for Service Tax Registration and/or Payment of Service Tax.

II). A Body Corporate.

III). Other than above two categories.

The rates quoted by the bidder will be excluding Service Tax and service tax component ( to

be paid by NCL and the bidder ) will appear as a separate entity. The component of service

tax will be taken by the system based on the status of bidder selected by the bidder during bid

submission and with the pre-defined business logic given in the BOQ file by the department.

This file will be digitally signed and uploaded by the bidder.

Thereafter, the bidder will upload the same Excel file during bid submission in cover-Il. The

Price-bid (excluding Service Tax) will be in Item Rate or Percentage Rate BOQ format and

the bidder will have to quote for all the tendered items.

The Price bids of the tenderers will have no condition. The Price Bid which is incomplete and

not submitted as per instruction given above will be rejected.

19. Modification and Withdrawal of Bid : Modification of the submitted bid shall be allowed

on-line only before the deadline of submission of tender and the bidder may modify and

resubmit the bid on-line as many times as he may wish. Bidders may withdraw their bids

online within the end date of bid submission and their EMD will be refunded. However, if the

bidder once withdraws his bid, he will not be able to resubmit the bid in this tender.

No withdrawal/ modification is allowed after end date and time of bid submission.

20. All bids are to be submitted on-line on the website https://coalindiatenders.gov.in No bid

shall be accepted off-line. It is the bidder’s responsibility to comply with the system

requirement i.e. hardware, software and internet connectivity at bidder’s premises to access

the e-tender website. Under any circumstances, NCL shall not be liable to the bidders for any

direct/indirect loss or damages incurred by them arising out of incorrect use of the e-tender

system or internet connectivity failures.

21. If the information furnished by the bidder in objective manner is not confirmed by the

uploaded documents then the bidder will be out rightly rejected for price bid opening. The

documents related to the furnished online information based on which the auto evaluation

23

takes place will only be considered. If the bidder uploads any other document, it will be given

no cognizance.

22. Provision for extension of Bid opening date:

i) If the number of bids received up to the bid submission end date are less than three, the bid

Submission end date and also other relevant dates (excluding pre-bid meeting date) as per

time Schedule of NIT shall be extended by 48 hours by issuing corrigendum.

In this extended period any new bidder can submit his tender online. However, the existing

bidder(s) will be allowed to modify his/their submission.

If up to the extended end date of bid submission, the number of bids received online remains

less than three, the extended bid Submission end date and also other relevant dates (excluding

pre-bid meeting date) as per modified time Schedule of NIT shall be extended by further 5

days by issuing corrigendum.

In this extended period any new bidder can submit his tender online. However, the existing

bidder(s) will be allowed to modify his/their submission.

If up to second extended end date of bid submission, the number of bids received online

remains less than three, the bid(s) received shall be opened without any further extension.

Note: The provisions related to extension of bid submission may be deleted in case of urgency as

per provisions of MCEW

22. Opening of Technical Bid: After receipt of EMD as stated in clause No. 3, the Technical-bid

will be decrypted and opened on-line, on the scheduled date and after the pre-scheduled time

by the Bid Openers with their Digital Signature Certificate (DSC). The bidders can view bid

opening remotely on their personalized dash board under “Bid Opening (Live)” link.

Thereafter, the Technical-bid shall be evaluated by the system on-line based on the

information furnished by bidders on-line in accordance with clause No.6 (Eligibility Criteria).

This on-line evaluation will be validated by NCL.

23. Evaluation of Technical Bid : The Technical-bid shall be evaluated by the system on-line

based on the information furnished by bidders on-line in accordance with clause No.6

(Eligibility Criteria) and acceptance of General Technical Evaluation.

This on-line evaluation will be validated by Tender Committee on the basis of documents

uploaded by bidders online.

- Clarification of Bids :- To assist the examination , evaluation and

comparison of bids, the employer may, at employer's discretion ask any

bidder for online clarification ( as detailed at clause no. 5.2 of NIT/Tender

document under the head of 'General Terms & Conditions') of their bid

(uploaded document).The request for such clarification shall be online for

part-I .Bidders shall upload digitally signed scanned copy of required

documents/response within ten days from the date of issue of clarification

notice .No further extension of time will be allowed for submission of the

24

same .The bidders will get the clarification notice on their personalized

dash board under 'upload clarification document' link. Additionally, a

system generated e-mail and SMS will also be sent to the bidders, but it

will be the bidder's own responsibility to check the updated

status/information of the tender on their personalized dash board at least

once daily after opening of part-I. Non receipt of e-mail/SMS will not be

accepted as the reason of non-submission of clarification documents within

prescribed time.

The Tender Committee will examine the uploaded documents against

information/declarations furnished by the bidder online and if it confirms to all the

information/declarations furnished by the bidder online and does not change the eligibility

status of the bidder then the bidder will be considered eligible for opening of Price-bid.

The summary of tender committee recommendation of the techno-commercial evaluation will

be made available in the portal. After evaluation of techno-commercial bid all bidders will get

the information regarding their eligibility on their personalized dash-board on-line and also by

system generated email and SMS along with the date of price bid opening on their

personalized dash board and also by system generated E-mail.

Even though the bidders meet the above qualifying criteria, they are subjected to be

disqualified if they made misleading or false representations in the forms, statements and

attachments submitted in proof of the qualification requirement.

NCL reserves the right to verify any of the documents uploaded by the bidder at any stage.

24. Opening of Price bid: The Price-bid of the successful bidders (qualified in Technical-bid) will

be decrypted and opened on-line, on the scheduled date and after the pre-scheduled time by

the Bid Openers with their Digital Signature Certificate (DSC). The bidders can view bid

opening remotely on their personalized dash board under “Bid Opening (Live)” link. The

bidders will get the information regarding the status of their financial bid and ranking of

bidders on website.

The Tender committee will recommend for award of work to the successful bidder after

evaluation of the reasonableness of L-1 rates. The reasonableness of rates will be evaluated as

per the provisions of Manuals of CIL and other guidelines issued from time to time.

Price justification/clarification/negotiation from L1 bidder, if any, shall be on line/off line.

The approval for award of work to L-1 bidder will be accorded by the competent authority as

per delegation of Power based on the TC recommendation.

25. Award of Contract: After competent approval and financial concurrence of TCR, the

LOA/work order to the L-1 bidder will be issued and the scanned copy of the LOA/Work

Order will be uploaded on the e-Tendering portal and the original copy will be sent to the

bidder through registered/speed post by the employer prior to expiration of the bid validity

period. The L-1 bidder will get the information regarding award of work on their personalized

dash-board on-line. On receipt of Letter for Acceptance (LOA)/Work Order of the tender

25

issued by the Company, the successful tenderer shall execute contract agreement in the

company's prescribed form for the due fulfillment of the contract.

26. It will be the bidders responsibility to check the status of their bid online at least once daily,

after the opening of technical bid till award of work. Additionally, information shall also be

sent by system generated e-mail and SMS at nodal points (Technical evaluation, date of price

bid opening, financial evaluation, award of work etc.). No separate communication will be

required in this regard.

27. The process for entering into the agreement with the successful bidder will be done offline as

per the prevailing manual system. However the documents required to be submitted by

contractor for executing the agreement will be specified in the tender document.

28. One Bid per Bidder: Each Bidder shall submit only one Bid, either individually, or as a

partner in a partnership firm or a partner in a Joint Venture or a public limited firm. A Bidder

who submits or participates in more than one Bid (other than as a sub-contractor or in cases of

alternatives that have been permitted or requested) will cause all the proposals with the

Bidder’s participation to be disqualified.

29. Refund of EMD: The EMD of unsuccessful bidders will be refunded through e-payment,

immediately after the bidder is declared unsuccessful. For this, the bidders should submit

MANDATE E-PAYMENT FORM FOR ELECTRONIC FUND TRANSFER/ INTERNET

BANKING PAYMENT along with EMD, if not submitted earlier, as per the format given in

ANNEXURE-H.

NOTE:

a) If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)

then the EMD will be refunded after the opening of Part I tender.

b) EMD of successful bidder/s (on Award of Contract) will be retained by NCL and will be

adjusted to Performance Security Deposit.

c) In case the tender is cancelled then EMD of all the participating bidders will be refunded

unless it is forfeited by the department.

30. Every tenderer is expected, before quoting his rates, to go through the requirements of

materials/ workmanship under specification/requirements and conditions of contract and to

inspect the site/area of the proposed work at his own cost. It shall be deemed that the tenderer

has visited the site/area and got fully acquainted with the working conditions and other

prevalent conditions and fluctuations thereto whether they actually visited the site/area or not

and have taken all the above factors into account while quoting his rates.

31. All Duties, taxes (excluding Service Tax) and other levies, payable by the contractor under

the contract or for any other cause as applicable on the last date of submission of tender shall

be included in the rates, prices and the total bid price submitted by the bidder. All incidentals,

overheads etc. as may be attendant upon execution and completion of works shall also be

included in the rates, prices and total bid price submitted by the bidder. Applicable Service

26

Tax on the works will be computed automatically in the BOQ sheet based on prefix business

log in and the option selected by the bidder with regard to his Service Tax status.

However, such duties, taxes, levies etc. which is notified after the last date of submission of

tender and / or any increase/decrease over the rate existing on the last date of submission of

tender shall be reimbursed/deducted by the company on production of documentary evidence

in support of payment actually made to the concerned authorities.

The company reserves the right to deduct/withhold any amount towards taxes, levies, etc. and

to deal with such amount in terms of the provisions of the Statute or in terms of the direction

of any statutory authority and the company shall only provide with certificate towards such

deduction and shall not be responsible for any reason whatsoever.

The scheme of the legislation of service tax clearly states that if a taxable service is

performed, the service provider is liable to pay service tax as per Rule-6 of the Service Tax

Rules. The Services Tax Rules also places an obligation on those liable to pay service tax to

raise bill in the manner as prescribed in the Rule 4A of the Service Tax Rules. The availment

of CENVAT credit by the service provider on his inputs has nothing to do with his obligation

to pay service tax and his right to claim and recover service tax from the person who avails

the service. Thus, there is no obligation in service tax law cast upon the service availer (NCL)

to verify whether the service provider has paid the service tax claimed from the service

availer.

32. Cost of Bidding: The bidder shall bear all costs associated with the preparation and

submission of his bid and the Employer will in no case be responsible and liable for those

costs.

33. The tenderer shall closely study all specifications in detail, which govern the rates for which

he is tendering.

34. Currencies of Bid and Payment: The unit rates and prices shall be quoted by the Bidder

entirely in Indian Rupees only.

35. The work should be completed within the stipulated period as the time is the essence of the

contract.

36. On completion of the work all rubbish, debris, brick bats etc. shall be removed by the

contractor(s) at his/their own expense and the site cleaned and handed over to the company

and he/they shall intimate officially of having completed the work as per contract.

37. The tenderer(s) will deploy sufficient number and size of equipment/machineries/vehicles and

the technical/ supervisory personnel required for execution of the work.

38. Change in Constitution of the Contracting Agency: Prior approval in writing of the company

shall be obtained before any change is made in the constitution of the contracting agency,

otherwise it will be treated as a breach of Contract.

39. Canvassing in connection with the tenders in any shape or form is strictly prohibited and

tenders submitted by such tenderers who resort to canvassing shall be liable for rejection.

27

40. The Bidder, who’s Bid has been accepted, will be notified of the award on-line and also by

registered post by the employer prior to expiration of the bid validity period. The L-1 bidder

will get the information regarding award of work on their personalised dash-board on-line. On

receipt of Letter for Acceptance (LOA)/Work Order of the tender issued by the Company, the

successful tenderer shall execute contract agreement in the company's prescribed form for the

due fulfillment of the contract. Failure to enter into the required contract within the specified

period in the work order shall entail cancellation of LOA/work order and forfeiture of the

Earnest Money. The written contract to be entered into between the contractor and the

company, shall be the foundation of the rights of both the parties and the contract shall not be

deemed to be executed until the contract is signed by both the parties i.e. Contractor and the

Company.

41. No subletting of work as a whole by the contractor is permissible. Subletting of work in piece

rated jobs is permissible with the prior approval of the department. The Contract Agreement

will specify major items of supply or services for which the contractor proposes to engage

sub-contractor/sub-vendor. The contractor may from time to time propose any addition or

deletion from any such list and will submit proposals in this regard to the Engineer-in -

Charge/Designated Officer in charge for approval well in advance so as not to impede the

progress of work. Such approval of the Engineer in Charge / Designated Officer in Charge

will not relieve the contractor from any of his obligations, duties and responsibilities under

the contract.

42. In case the contractor enters into any litigation, such action should have to be taken in a court

of law with jurisdiction over the place where the subject work is to be executed.

43. If the bid of the successful bidder is seriously unbalanced in relation to the estimate of the

cost of work to be performed under the contract, the company may require the bidder to

produce detailed price analysis for any or all items of the Bill of quantities to demonstrate the

internal consistency of these prices with the construction method and the schedule proposed.

After evaluation of the price analysis, the company may require that the amount of the

performance security/security deposit is increased at the expense of the successful bidder to a

level sufficient to protect the company against financial loss in the event of default on the part

of the successful bidder under the contract.

44. Additional Performance Security(APS): APS shall be applicable if the bid price is below

15% of the estimated price, finalized by the owner. The amount of such APS shall be the

difference between 85% of the owner's estimated price and quoted price.

It is essential to safeguard company’s interest in case the contractors abandon the work due to

very poor rates. It shall be released on successful completion of the work. APS is to be

deposited in the form DD/BC/Bank Guarantee(valid up to three months beyond the

completion period of the work and acceptable only in case of the total SD amount is Rs. 2

Lakh or above), as has been stated against EMD.

APS will be released after successful completion of the work.

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45. Security Deposit & Process for Refund of Earnest Money/Security Deposit:

45.1. The total security deposit shall be 10% of the total contract value. Earnest money deposit of

successful tenderer shall be retained as initial security deposit. The balance amount of

security deposit shall be recovered from the running bills @10% till recovery of full security

deposit.

Or

Security deposit amount can be deposited after award of the work in the form DD/BC/Bank

Guarantee (valid upto three months beyond the warrantee period of six months, and

acceptable only in case of the total SD amount is `1 Lakh or above), as has been stated

against EMD. In that case no deduction will be made from running bills against SD.

45.2 The EMD of the unsuccessful bidder shall become refundable. EMD shall be refunded

without waiting for any application or request from un-successful bidders. The unsuccessful

bidder for this purpose means the bidders who have not qualified for opening of Part-II (price

Bid) and those who have not emerged as L1 tenderer after opening of Price Bid.

45.3 The Earnest Money / Security Deposit/APS shall bear no interest.

45.4 The security deposit shall be released/refunded to the contractor after six months or any other

period, specified as warrantee period, in the tender document hereinafter from the date of

successful completion of the contract.

45.5 The company shall be at liberty to deduct/appropriate from the security deposit or any other

amount due for payment to the contractor such sums as are due and payable by the contractor

to the company as may be determined in terms of the contract, and the amount appropriated

from the security deposit shall have to be restored by further deduction from the contractor’s

subsequent on-account running bills, if any.

45.6 The refund of security deposit shall be subject to company's right to deduct/ appropriate its

dues against the contractor under this contract/work or any other contract/work.

46. The Company reserves the right to postpone the date of receipt and opening of tenders or to

cancel the tenders without assigning any reason whatsoever.

47. The Company does not bind itself to accept the lowest tender and reserves the right to reject

any or all the tenders without assigning any reasons whatsoever and to split up the work

between two or more tenderers or accept the tender in part and not in its entirety.

48. The facilities / preferences for repairing works from the Ancillary units will be as per NCL’s

Ancillary policy as applicable in purchase tenders.

49. Integrity Pact (For Tendered value above Rs. 2.00 crores only): Bidders are required to sign

the Integrity Pact with NCL as per given format otherwise they will be treated as

ineligible/disqualified to participate in the tender process. Name etc. of the Independent

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External Monitors (IEMs) appointed to monitor the tenders and for implementation of the

Integrity Pact are given below:

(1) Shri Sewa Ram, IAS (Rtd), 660, Sector-26, Panchkula-134116 (Haryana) Mobile No: +91-

9478730069. Email ID: sarangalsr@hotmail.com

(2) Shri J K Khanna, IPS (Rtd), A-102, Sector-55, Noida-201307 (UP). Tel No: 0120-4322330,

Mobile No: 9810940403. Email ID : jkkhannaips@yahoo.com

If the bidders have any grievance/complaint relating to the tender at any stage, they can

directly approach/complaint to the IEMs. The email or the envelope should carry the subject

line “Complaint to the IEM regarding Tender”.

Dy.General Manager (E&M)

NCL Kakri

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GENERAL INFORMATIONS:

1. INTRODUCTION OF WORK:

This tender document has been prepared for the purpose of repairing of LT Pulley,

split type Plummer block and LT bend Pulley.

2. LOCATION:

CORPORATE OFFICE OF NCL SINGRAULI: Corporate office of NCL Singrauli falls in Singrauli district of MP. This is located at

about 50Km. from Renukoot Railway Station and about 4 Km. from Singrauli railway

station of East Central Railway and also connected by all weather road from Varanasi

(200Km.) and from Jabalpur (350 Km.).

KAKRI PROJECT:

The project falls in Sonebhadra district of Uttar Pradesh. This is located at about 34

kilometres from Renukoot Railway station; 3 kilometers from Krishnashila Railway

Station and 21 kilometres from Singrauli of Eastern Central Railway and also

connected by all weather road from Varanasi (190km) and from Jabalpur (350km)

3. CLIMATIC CONDITION:

The climate of Singrauli and Kakri is extreme. In summer, temperature reaches 480 C.

In winter, temperature reaches to as low as 40 C. Annual rainfall is about 1000 mm.

Maximum rainfall in a day is 210 mm.

4. SCOPE OF WORK:

4.1 Scope of work includes complete repair of pulley and reconditioning of split type

plummer blocks of size as mentioned in the Bill of Quantity (BOQ), which is the part

of this tender document.

4.2 Materials will be utilised strictly as per BOQ and will be got checked/approved by

Engineer-in-charge or other officials as per norms of NCL before these are put to use.

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GENERAL TERMS & CONDITIONS

1. DEFINITION:

(i) The word “Employer”/"Company"/"Owner" wherever occurs in the conditions, means the

Northern Coalfields Limited, Singrauli represented at the headquarter of the company by the

GM (E&M) of the Northern Coalfields Limited, Singrauli or his authorised representative or

any other officer specially deputed for this purpose.

(ii) The word “contractor”/“contractors” wherever occurs means the successful bidder/bidders or

tenderer/tenderers who has/have deposited the necessary security money and has/have been

given written intimation about acceptance of their tender and shall include legal

representative of such individual or persons composing a firm or a company or the successors

and permitted assignees of such individual, firm or company, as the case may be and

constitutional or otherwise change of which shall have prior approval of the employer.

(iii) “The Site” shall mean the site of the contract work including land and any building and

erections thereon and any other land allotted by the company for the contractor’s use. This

shall also include the equipment and their parts/sub-assembly to be used for the purpose of

contract work.

(iv) “Accepting Authority” shall mean the management of the company and includes an

authorized representative of the company or any other person or body of persons empowered

in this behalf by the company.

(v) The “Contract” shall mean the notice inviting tender, the tender as accepted by the Company,

the work order issued to the contractor, and the formal contract agreement executed between

the company and the contractor together with the documents referred to therein including

general terms and conditions, special conditions, if any, scope of work, frozen terms &

conditions/technical parameters/scope of work and revised offer, if any, specifications,

drawings, including those to be submitted during progress of work, schedule of quantities

with rates and amounts.

(vi) A “Day” shall mean a day of 24 hours from midnight to midnight.

(vii) “Engineer-in-charge” shall mean the officer nominated by the company to administering the

contract. The Engineer-in-charge/Designated Officer-in-charge who is of an appropriate

seniority, will be responsible for supervising and administering the contract, certifying

payments due to the contractor, valuing variations to the contract, awarding extension of time

and valuing compensation events. The Engineer-in-charge/Designated Officer-in-charge may

further appoint his representatives i.e. another person/Project Manager or any other competent

person and notify to the contractor who is directly responsible for supervising the work being

executed at the site, on his behalf under their Delegation of Powers of the company. However,

overall responsibility, as far as the contract is concerned, will be that of the Engineer-in-

charge/Designated Officer-in-charge.

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(viii) The “Work” shall mean the works required to be executed in accordance with the

contract/work order or parts thereof as the case may be and shall include all extra or

additional, altered or substituted works or any work of emergent nature, which in the opinion

of the Engineer-in-charge, become necessary during the progress of the works to obviate any

risk or accident or failure or become necessary for security.

(ix) The “Material” shall also include spare parts of any machine or equipment and/or their sub-

assembly.

(x) “Contract amount”/“Contract price” shall mean:

(a) In the case of lump sum contract the total sum for which tender is accepted by the company

(b) In the case of other types of contracts the total sum arrived at, based on the individual rates

quoted by the tenderer for the various items shown in the “Bill of Quantities” of the tender

documents as accepted by the Company with or without any alteration as the case may be.

(xi) “Written notice” shall mean a notice or communication in writing and shall be deemed to

have been duly served if delivered in persons to the individual or to a member of the

contractors firm or to an office of the company for whom it is intended, or if delivered at or

sent by registered mail to the last business address known to him who gives the notice.

(xii) “Letter of Acceptance” means letter giving intimation to the tenderer that his tender has been

accepted in accordance with the provisions contained in that letter.

(xiii) “Department” means the E&M Department of Coal India Limited or any of its subsidiary

companies/units represented by the appropriate authority.

(xiv) “Drawing”/”Plan” shall mean all: drawing furnished by the owner with the bid documents, if

any, as a basis for proposals, working drawing furnished by the owner after issue of letter of

acceptance of the tender to start the work, subsequent working drawing furnished by the

owner in phases during progress of the work, and fabrication drawing, if any, submitted by

the contractor and duly approved by the owner.

(xv) “Codes” shall mean the following, including the latest amendments, and/or replacement, if

any:

- Bureau of Indian Standards relevant to the works under the contract and their specifications,

- Central Electricity Act and Rules and Regulations made thereunder,

- Indian Explosive Act and Rules and Regulations made thereunder,

- Indian Petroleum Act and Rules and Regulations made thereunder,

- Indian Mines Act and Rules and Regulations made thereunder,

Any other Act, Rule and Regulations applicable for employment of labour, safety provisions,

payment of provident fund and compensation, insurance etc.

(xvi) The words indicating the singular only also include the plural and vice-versa where the

context so requires.

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2. Contract Documents: The following documents shall constitute the contract documents:

i) Notice Inviting Tender/Detailed Tender Notice.

ii) Articles of Agreement/Letter of Acceptance of Tender/Work Order.

iii) General Terms & Conditions of contract/Commercial Terms & Conditions of contract.

iv) Additional Terms & Conditions of contract, if any.

v) Specifications/Requirement of manpower, if any, where it is part of tender documents,

vi) Schedule of Quantities (or Bill of Quantities)/ Schedule of work/ Scope of work.

vii) Frozen terms & conditions/technical parameters/scope of work and revised offer, if any.

viii) Contract drawings and work programme, if any.

ix) Safety Code etc. forming part of the tender.

3. After acceptance of bid and issue of LOI/LOA/Work Order to proceed with the work, the

contractor shall enter into and execute contract agreement(for the awarded value of Rs.5 Lacs

and above) in the company’s prescribed form The cost of the stamp papers for the contract

agreement shall be borne by the contractor. Required number of sets of contract

document/agreements shall be prepared by the contractor at their own cost and signed by both

the parties. One set will be supplied to the contractor and the other copies will be retained by

the company which shall be distributed to the concerned departments.

4. The contract document shall not be used by the contractor for any purpose other than this

contract & the contractor shall ensure that all persons employed for this contract strictly

adhere to this and maintain secrecy, as required of such documents.

5. Tender Evaluation & Bid Assessment:

5.1 The Tenders received will be scrutinized and evaluated by a duly constituted Tender

Committee. The Tender Committee will examine the Comparative Statements prepared by the

concerned technical department and will satisfy itself that all aspects/conditions of each offer

has been properly evaluated with respect to financial implications etc.

Tenders received without Earnest Money will be rejected.

The deviations from the commercial terms & conditions & the Tender specifications are

scrutinised before opening of price bids. Normally no deviations in the techno-commercial

terms & conditions will be accepted.

The Price Bids are opened at the time and place fixed for the same in presence of the

tenderers & committee members and due information for opening of Price Bid is to be given

to all concerned. In case where the tenderers are given opportunity to revise their Price Bids,

only the revised price bids are opened and the original Price Bids are to be kept intact in the

custody of the company.

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The Price Bids of the tenderers will have no condition. The Price Bids, which are incomplete

& not submitted as per instructions given in the Tender Document, will be rejected.

5.2 No document presented by the bidder after the closing date & time of the bid will be taken

into account unless otherwise called for during techno-commercial scrutiny by the tender

committee as clarification from some or all the bidders to arrive at complete agreement as

regards to desired terms, conditions and technical specification for execution of the

work/supply as per the provisions of NIT. This should however be purely technical in nature

(here technical refers to technicality/procedural aspects, which includes

technical/commercial/statutory/legal nature), which has no bearing financially on the contract

and which does not seek any change in technical specification given in the bid document. If a

bidder offers a rebate unilaterally after the closing date & time of the bid, it will not be taken

into account for evaluating purposes by the Tender Committee, but if that bidder emerges as

the lowest evaluated, the rebate offered will be taken into account for determination of the

total offer.

If the bid of the successful bidder is seriously unbalanced in relation to the estimate of the

cost of work to be performed under the contract, the company may require the bidder to

produce detailed price analysis for any or all items of the Bill of quantities to demonstrate the

internal consistency of these prices with the construction method and the schedule proposed.

After evaluation of the price analysis, the company may require that the amount of the

performance security/security deposit be increased at the expense of the successful bidder to a

level sufficient to protect the company against financial loss in the event of default on the part

of the successful bidder under the contract.

6. Price Justification

Work will be awarded to the lowest bidder (L1) without post tender negotiations if the rates

are reasonable. Generally post-tender negotiations will be avoided. In case the lowest tender

is found to be unworkable or unbalanced or impractical, price justification may be sought

from the L-1 bidder only to arrive at reasonable rate. If the L-1 bidder offers discount

unilaterally while submitting price justification, this will be taken in to consideration for

determination of total final offered value the decision of the company regarding

reasonableness of the quoted rates will be final & binding on the bidders. Operation of this

clause will be regulated as per prevailing guidelines of the Government of India or their

authorities concerned.

7. Acceptance of Offer:

Letter of Acceptance is an acceptance of offer by the company and it need not be accepted by

the tenderer. But the tenderer should acknowledge the receipt of the order within 15 days of

mailing of work order and any delay in acknowledging the receipt will be treated as a breach

of contract and compensation for the loss caused by such breach will be declared by the

company by forfeiting EMD.

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8. Banned or delisted Contractors:

The bidders would give a declaration that they have not been banned or delisted by any Govt.

or Quasi Govt. agencies or PSU’s. If a bidder has been banned or delisted by any Govt. or

Quasi Govt. agencies or PSU’s this fact must be clearly stated and it may not necessarily be a

cause for disqualification.

9. Discrepancies in contract documents & Adjustments thereof:

The documents forming part of the contract are to be treated as mutually explanatory of one

another.

9.1 In the event of varying or conflicting provision in any of the document(s) forming part of the

contract, the ‘Accepting Authority’s decision/clarification shall hold good with regard to the

intention of the document or contract as the case may be.

9.2 Any error in description, quantity or rate in Bill of Quantities or any omission there from,

shall not vitiate the contract or release the contractor from discharging his obligations under

the contract including execution of work according to the Drawings and Specifications

forming part of the particular contract document.

10. Deviations/Variations in Quantities and Pricing :

The quantities given in the “Bill of Quantities” are based on estimates and are meant to

indicate the extent of the work and to provide a uniform basis for tendering and any variation

either by addition or omission shall not vitiate the contract.

10.1 The company through its Engineer-in-charge or his representative shall, without radically

changing the original scope and nature of the work, under contract, have power to make any

alterations by way of additions to or deletion in the original quantity that may appear to be

necessary or advisable during the progress of the work.

10.2 The right is reserved to cancel any items of work included in the contract agreement or

portion thereof in any stage of execution if found necessary to the work and such omission

shall not be a waiver of any condition of the contract nor invalidate any of the provisions

thereof.

10.3 Payment for such deviated items (additional/deleted quantity of work within +/- 25% of the

agreement schedule) shall be made in the contractor’s running on account bills, till the revised

estimate regularizing these items are sanctioned by the competent authority of the company

on the same conditions in all respects on which they agreed to do the main work and at the

same rates as specified in the contract for the main work.

10.4 The company through its Engineer-in-charge or his representative, on behalf of the company,

shall have power to omit any part of the work in case of non-availability of a portion of the

site or for any other reason and the contractor shall be bound to carry out the rest of the work

in accordance with the instructions given by the Engineer In Charge. No claim from the

Contractor shall be entertained/ accepted on these grounds.

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10.5 In the event of any deviation being ordered which in the opinion of the contractor changes

radically the original scope/nature of the contract, the contractor shall under no circumstances

suspend the work, either original or modified in terms of quantity as above, and the

dispute/disagreement as to the nature of deviation and the rate/rates to be paid for such

deviations shall be resolved separately with the company as per the procedures/norms laid

down hereafter.

11. Time for Completion of Contract, Extension thereof, Defaults and Compensation for

Delay

11.1 Time is the essence of the contract and as such all works shall be completed within the time

stipulated in the contract/work order.

If the contractor, without reasonable cause or valid reasons, commits default in commencing

the work within the aforesaid time limit, the company shall without prejudice to any other

right or remedy, be at liberty, by giving 15 days' notice in writing to the contractor to

commence the work, failing which to forfeit the Earnest Money deposited by him and to

rescind the Letter of Acceptance of Tender/Work Order. Additionally, the Company will

reserve the right to debar such defaulting Contractors from participating in future Tenders for

a reasonable period.

11.2 Extension of date of completion: On occurrences of any events causing delay as stated

hereunder, the contractor shall intimate immediately in writing to the Engineer-in-charge.

a) Force Majeure:

i) Natural phenomena, including but not limited to abnormally bad weather, unprecedented

flood and draught, earthquakes & epidemics.

ii) Political upheaval, civil commotion, strikes, lockouts, acts of any Govt. (domestic/foreign)

including but not limited to war, proprieties, quarantine embargoes

The successful bidder/ contractor will advise in the event of his having to resort to this clause

by a registered letter duly certified by the local chamber of commerce or statutory authorities,

the beginning and end of the cause of delay, within fifteen days of the occurrence and

cessation of such Force Majeure condition.

In the event of delay due to Force Majeure for more than one month the contract may be

terminated at the discretion of the company. Termination under such circumstances will be

without any liability on either side.

b) Serious loss or damage by fire

c) Non-availability of stores, which are the responsibility of the company to supply as per

contract

d) Non-availability of working drawings in time, which are to be made available by the company

as per contract during progress of the work.

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e) Delay on the part of the contractors or tradesmen engaged by the company not forming part of

the contract, holding up further progress of the work

f) Non-availability or breakdown of tools and plant to be made available or made available by

the company

g) The execution of any modified or additional items of work or excess quantity of work.

h) Any other causes which, at the sole discretion of the company, is beyond the control of the

contractor.

i) A Hindrance Register shall be maintained by both department and the contractor at site to

record the various hindrances, as stated above, encountered during the course of execution.

Hindrance register will be signed by both the parties. The contractor may also record his

observations in the Hindrance Register. In case the contractor has a different opinion for

hindrance and a dispute arises then the matter would be referred to the EIC and or the next

higher authority whose decision would be final & binding on the contractor & the decision to

be communicated within 15 days.

j) The contractor shall request the company in writing for extension of time within 15 days of

happening of such event causing delay stating also, the period for which extension is required.

The company may, considering the genuinity of the request, give a reasonable extension of

time for completion of the work. Such extension shall be communicated to the contractor in

writing by the company through the Engineer-in-charge within 1(one) month of the date of

receipt of such request.

k) The opinion of the Engineer-in-charge, whether the grounds shown for the extension of time

are or are not reasonable, is final. If the Engineer-in-charge is of the opinion that the grounds

shown by the contractor are not reasonable and declines to the grant of extension to time, the

contractor cannot challenge the soundness of the opinion by reference to arbitration. The

opinion of the Engineer-in-charge that the period of extension granted by him is proper or

necessary is not, however, final. If the contractor feels that the period of extension granted is

inadequate he can appeal to the higher authority of the company for consideration on the

question whether the period of extension is or is not proper or necessary.

l) Provisional extension of time may also be granted by the Engineer In Charge during the

course of execution, on written request for extension of time within 15(fifteen) days of

happening of such events as stated above, reserving the company’s right to impose/waive

penalty at the time of granting final extension of time as per contract agreement.

m) When the period fixed for the completion of the contract is about to expire, the question of

extension of the contract may be considered at the instance of the Contractor or the

Department or of both. The extension will have to be by party’s agreement, express or

implied. In case the contractor does not apply for grant of extension of time within 15(fifteen)

days of the hindrance occurring in execution of the work and the department wants to

continue with the work beyond the stipulated date of completion for reason of the work

having been unavoidably hindered, the Engineer-in-charge can grant extension of time even

in the absence of application from the contractor. Such extension of time granted by the

38

Engineer-in-charge is valid provided the contractor accepts the same either expressly or

implied by his actions before and subsequent to the date of completion. Such extension of

time shall be without prejudice to Company’s right to levy compensation under the relevant

clause of the contract.

The contractor shall however use his best efforts to prevent or make good the delay by putting

his endeavors constantly as may be reasonably required of him to the satisfaction of the

Engineer-in-charge.

11.3 Compensation for Delay:

If the contractor fails to maintain the required progress in terms of the agreed time and

progress chart or to complete the work and clear the site on or before the contract or extended

date of completion, he shall without prejudice to any other right or remedy available under the

law to the company on account of such breach, pay as compensation (Liquidated Damages)

@ half percent (1/2 %) of the contract price per week of delay. The aggregate of such

compensation/ compensations shall not exceed 10% (ten percent) of the total value as shown

in the contract. This will also apply to items or group of items for which separate period of

completion has been specified. The amount of compensation may be adjusted or setoff

against any sum payable to the contractor under this or any other contract with the company.

11.3.1 The Company, if satisfied, that the works can be completed by the contractor within a

reasonable time after the specified time of completion, may allow further extension of time at

its discretion with or without the levy of L.D. In the event of extension granted being with

L.D., the company will be entitled without prejudice to any other right or remedy available in

that behalf, to recover from the contractor as agreed damages equivalent to half percent

(1/2%) of the contract value of the works for each week or part of the week subject to a

ceiling of 10% of the contract price.

11.3.2 The company, if not satisfied that the works can be completed by the contractor, and in the

event of failure on the part of the contractor to complete work within further extension of time

allowed as aforesaid, shall be entitled, without prejudice to any other right, or remedy

available in that behalf, to rescind the contract.

11.3.3 The company, if not satisfied with the progress of the contract and in the event of failure of the

contractor to recoup the delays in the mutually agreed time frame, shall be entitled to

terminate the contract.

11.3.4 In the event of such termination of the contract as described in clauses 11.3.2 or 11.3.3 or

both the company, shall be entitled to recover L.D. up to ten percent (10%) of the contract

value and forfeit the security deposit made by the contractor besides getting the work

completed by other means at the risk and cost of the contractor.

39

11.3.5 a) The company may at its sole discretion, waive the payment of compensation on request

received from the contractor indicating valid and acceptable reasons if the entire work is

completed within the date as specified in the contract/work order or as validly extended date

without stipulating any compensation for delay.

OR

b) If the progress of the work or of any portion of the work is unsatisfactory, the Engineer In-

charge shall be entitled, after giving the contractor 15 days’ notice in writing, to employ

another Agency for executing the job or to carry out the work departmentally either wholly or

partly debiting the contractor with the cost involved in engaging another Agency or the cost

involved in executing the work departmentally, as the case may be. The certificate to be

issued by the Engineer-in-charge for the cost of the work so done shall be final and

conclusive and the extra cost, if any, shall be borne by the contractor.

12. Rates of material, Material Supply & Other facilities:

12.1 The rates quoted shall be for finished work inclusive of all materials of construction/works.

The company will have full and final authority to reject any materials or work due to a defect

therein and the contractor shall forthwith remedy the defects at his/their own expenses and no

further work shall be done in this connection till such time as the defect is removed to the

entire satisfaction of the Engineer-in-charge.

12.2 If at any time a material is declared unsuitable by the company, such material shall be

forthwith removed from the site and shall not be offered again for inspection or inclusion in

the construction.

12.3 The contractor should keep accurate record of materials supplied by the company, maintain

proper account for the receipts and issues to the work/contract and shall be open to check by

Engineer-in-charge or his authorized representative. The contractor shall ensure that such

materials are consumed for the contract only and the account of such materials shall also be

maintained in a register which shall be signed both by the authorized representative of the

Engineer-in charge and the contractor.

12.4 All materials, tools and plants brought to site by the contractor including the materials

supplied by the company shall be deemed to be held in lieu by the company & the contractor

shall not have the right to remove the same from the site, without the written permission of

the Engineer-in-charge. However, the company shall not be liable for any loss, theft or

damage due to fire or other causes sustained during the period of contract.

12.5 All charges on account of octroi, terminal or sales tax and other duties on materials obtained

for the works from any source (excluding materials supplied by the company) shall be borne

by the contractor.

12.6 The contractor shall bear the cost of loading, transportation to site, unloading, storing under

cover as required etc. as may be necessary for the use and keeping the materials in good

condition.

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13. Quality Assurance – Materials and Workmanship :

The contractor shall carry out and complete the work in every respect in accordance with the

contract and shall ensure that the work conforms strictly to the drawings, specifications,

instructions of the Engineer-in-charge. The Engineer-in-charge may issue from time to time

further drawings, detailed instructions/ directions in writing to the contractor. All such

drawings, instructions/directions shall be consistent with the contract documents and should

be reasonably inferable therefrom, along with clarifications/ explanations thereof, if

necessary.

13.1 For Quality Assurances of all the works the norms/guidelines laid down by the company

herein and elsewhere will form part of the contract for the purpose of quality of works.

13.2 The contractor shall be responsible for correct and complete execution of the work in a

workman like manner with the materials as per specification, which shall be subject to the

approval of the company. All work under execution in pursuance of the contract shall be open

to inspection and supervision by the Engineer-in-charge or by his authorised representative or

any other official of higher rank or any other person authorised by the company in his behalf

& the contractor shall allow the same.

13.3 All materials to be provided by the contractor shall be in conformity with the

specifications/schedule of work as per the contract and the contractor shall furnish proof, if so

required by the Engineer-in-charge to his satisfaction that the materials do so comply.

13.4 Removal of Improper Works and Materials:

13.4.1 The Engineer-in-charge shall during the progress of the works have power to order in writing

from time to time:

a) The removal from the site, of any materials, which in the opinion of Engineer-in-charge, are

not in accordance with the contract/ work order/, approved sample.

b) The substitution with proper and suitable materials.

c) The removal and proper re-execution, notwithstanding any previous test thereof or interim

payment therefrom, of any work which in respect of materials or workmanship is not in

accordance with the contract.

In case of default on the part of the contractor in carrying out such order, the Engineer-in–

charge shall be entitled to employ and pay other agency to carry out the same and all expenses

consequent thereon shall be recoverable from the contractor or may be deducted from any

amount due or which may become due to the contractor.

13.4.2 Defects appearing after acceptance: Any defects which may appear within the warranty

period and arising, in the opinion of the Engineer-in-charge, from lack of conformance with

the drawings and specifications, shall, if so required by the Engineer-in-charge in writing, be

remedied by the contractor at his own cost within the time stipulated by the Engineer-in-

charge. If the contractor fails to comply, the Engineer-in-charge may employ other persons to

remedy the defects and recover the cost thereof from the dues of the contractor.

41

14. Measurement and Payments

14.1 Measurement: Except where any general or detailed description of the work in the Bill of

Quantities or specifications of the contract/ work order provides otherwise, measurement of

work done shall be taken in accordance with the relevant standard method of measurement

published by the Bureau of Indian Standards (BIS) and if not covered by the above, other

relevant Standards/practices shall be followed as per instructions of the Engineer-in-charge.

Measurement shall be taken jointly by the Engineer-in-Charge or his authorised representative

and by the contractor or his authorised representative. In case of items which are claimed by

the contractor but are not admissible according to the department, measurements of such

items, will be taken by for record purposes only and without prejudice so that in case it is

subsequently decided by the department to admit the contractor’s claims, there should be no

difficulty in determining the quantities of such work. A suitable remark should, however, be

made against such measurements to guard against payment in the ordinary way.

14.2 Payment: Undisputed and complete in all respect running on account payments / pro-rata

payment for the completed work may be made once in a month or at intervals as felt

necessary during the period of the contract.

14.2.1 Running on account bill/bills for the work executed/materials supplied in accordance with the

work order/contract shall be prepared on the basis of detailed measurements recorded as

described hereinbefore and processed for payments.

14.2.2 Payment of on account bill shall be made on the Engineer-in-charge’s certifying the sum to

which the contractor is considered entitled by way of interim payment for the work executed

as covered by the bill/bills after deducting the amount already paid, the security deposit and

such other amounts as may be deductible or recoverable in terms of the work order/contract.

14.2.3 Any certificate given by the Engineer-in-charge for the purpose of payment of interim

bill/bills shall not of itself be conclusive evidence that any work/materials to which it relate

is/are in accordance with the contract and may be modified or corrected by the Engineer In

Charge by any subsequent certificate or by the final certificate.

14.2.4 The company reserve the right to recover/enforce recovery of any overpayments detected

after the payment as a result of post payment audit or technical examination or by any other

means, notwithstanding the fact that the amount of disputed claims, if any, of the contractor

exceeds the amount of such overpayment and irrespective of the facts whether such disputed

claims of the contractor are the subject matter of arbitration or not.

The amount of such overpayments shall be recovered from subsequent bills under the

contract, failing that from contractor’s claim under any other contract with the company or

form the contractor’s security deposit or the contractor shall pay the amount of over payment

on demand. In case of contractor’s non-payment on such demand, the same should be realised

from the contractor’s dues, if any, with Coal India Limited or any of its subsidiaries.

42

14.2.5 Deduction on account of Income Tax and Sales Tax will be done as per rule. In general, Sales

tax on works contract shall be payable by the contractor. If, however, the company is asked to

make deduction from the contractor’s bills, the same shall be done and a certificate to this

effect shall be issued to the contractor for dealing with the State Govt. and the company does

not take any responsibility to do anything further in this regard.

14.2.6 No interest shall be payable on the amounts withheld, under the terms of the Contract

Agreement/Work-order.

15. Termination, Cancellation, Suspension, Banning and Foreclosure of Contract,

Execution of works at Risk & Cost:

The company shall, in addition to other remedial steps to be taken as provided in the

conditions of contract be entitled to cancel the contract in full or in part, if the contractor: -

a) makes default in proceeding with the works with due diligence and continues to do so even

after a notice in writing from the Engineer-in-charge, then on the expiry of the period as

specified in the notice

Or

b) commits default/breach in complying with any of the terms and conditions of the contract and

does not remedy it or fails to take effective steps for the remedy to the satisfaction of the

Engineer-in-charge, then on the expiry of the period as may be specified by the Engineer-in-

charge in a notice in writing.

Or

c) obtains a contract with the company as a result of ring tendering or other non-bonafide

methods of competitive tendering

Or

d) shall offer or give or agree to give any person in the service of the company or to any other

person on his behalf any gift or consideration of any kind as an inducement or reward for

act/acts of favour in relation to the obtaining or execution of this or any other contract for his

company.

Or

e) fails to complete the work or items of work with individual dates of completion, on or before

the date/dates of completion or as extended by the company, then on the expiry of the period

as may be specified by the Engineer In Charge in a notice in writing.

Or

f) transfers, sublets, assigns the entire work or any portion thereof without the prior approval in

writing from the Engineer In Charge. The Engineer In Charge may by giving a written notice,

cancel the whole contract or portion of it in default.

43

15.1 The contract shall also stand terminated under any of the following circumstances:

a) If the contractor being an individual in the case of proprietary concern or in the case of a

partnership firm any of its partners is declared insolvent under the provisions of Insolvency

Act for the time being in force, or makes any conveyance or assignment of his effects or

composition or arrangement for the benefit of his creditors amounting to proceedings for

liquidation or composition under any Insolvency Act.

b) In the case of the contractor being a company, its affairs are under liquidation either by a

resolution passed by the contractors company or by an order of court, not being a voluntary

liquidation proceedings for the purpose of amalgamation or reorganization, or a receiver or

manager is appointed by the court on the application by the debenture holders of the

contractor’s company, if any.

c) If the contractor shall suffer an execution being levied on his/their goods, estates and allow it

to be continued for a period of 21 (twenty-one) days.

d) On the death of the contractor being a proprietary concern or of any of the partners in the case

of a partnership concern and the company is not satisfied that the legal representative of the

deceased proprietor or the other surviving partners of the partnership concern are capable of

carrying out and completing the contract. The decision of the company in this respect shall be

final and binding which is to be intimated in writing to the legal representative or to the

partnership concern.

15.2 On cancellation of the contract or on termination of the contract, the Engineer-in-charge shall

have powers:

a) to take possession of the site and any materials, constructional plant, equipment, stores etc.

thereon.

b) to carry out the incomplete work by any means at the risk and cost of the contractor.

c) to determine the amount to be recovered from the contractor for completing the remaining

work or in the event the remaining work is not to be completed the loss/damage suffered, if

any, by the company after giving credit for the value of the work executed by the contractor

up to the time of cancellation less on a/c payments made till date and value of contractor’s

materials, plant, equipments, etc. taken possession of after cancellation.

d) to recover the amount determined as above, if any, from any money due to the contractor on

any account or under any other contract and in the event of any shortfall, the contractor shall

be called upon to pay the same on demand. The need for determination of the amount of

recovery of any extra cost/expenditure or of any loss/damage suffered by the company shall

not however arise in the case of termination of the contract for death/demise of the contractor

as stated in clause 18.1(d) of the contract.

44

e) to give the contractor or his representative of the work 7 (seven) days' notice in writing for

taking final measurement for the works executed till the date of cancellation or termination of

the contract. The Engineer In Charge shall fix the time for taking such final measurement and

intimate the contractor in writing. The final measurement shall be carried out at the said

appointed time notwithstanding whether the contractor is present or not. Any claim as regards

measurement which the contractor is to make shall be made in writing within 7 (seven) days

of taking final measurement by Engineer-In-charge as aforesaid and if no such claim is

received, the contractor shall be deemed to have waived all claims regarding above

measurements and any claim made thereafter shall not be entertained.

15.3 Suspension of Work:

i) The company shall have power to suspend the work or any part thereof and the Engineer-in-

charge may direct the contractor in writing to suspend the work, for such period and in such

manner as may be specified therein, on account of any default on the part of the contractor, or

for proper execution of the work for reasons other than any default on part of the contractor,

or on ground of safety of the work.

ii) In the event of suspension for reasons other than any default on the part of the contractor,

extension of time shall be allowed by the company equal to the period of such suspension and

the contractor shall properly protect and secure the works to the extent necessary during such

suspension.

The contractor shall carry out the instructions given in this respect by the Engineer-in-charge

& if such suspension exceeds 45 (forty five) days, the contractor will be compensated on

mutually agreed terms.

15.4 The work shall, throughout the stipulated period of contract, be carried out with all due

diligence on the part of the contractor. In the event of termination or suspension of the

contract, on account of default on the part of the contractor, as narrated hereinbefore, the

security deposit and other dues of this work or any other work done under this company shall

be forfeited and brought under the absolute disposal of the company provided, that the

amount so forfeited shall not exceed 15 (fifteen) percent of the contract value.

15.5.1 If the performance of the contractor is found to be unsatisfactory, or if the conduct of the

contractor is under suspicion, or in the event of any breach of the conditions as stipulated in

the LOI/LOA/Work Order/Agreement, committed by the contractor or a partner of the

contractor, the employer may consider whether such default on the part of the contractor,

consequence of breach of allegations are of a serious nature and whether pending full

examination/investigation, it would be advisable to continue business dealing with the

contractor. If the employer decides that it would not be in the interest of the Company to

continue such business, pending full investigation/examination, it may suspend business

dealing with the contractor. The order of suspension should specify whether all subsisting

contracts/works are suspended or whether the order relates to specific contracts/works. The

order of suspension would operate for a period of not more than six months unless withdrawn

earlier.

45

The competent authority of the employer may suspend the entire business dealings with the

contractor covered under the existing contract in whole or any part thereof any time by giving

the contractor notice in writing of such effect and the anticipated duration of such suspension.

The concerned department of employer should ensure that the final examination/investigation

of the case is completed well within a period of six months or within the anticipated duration

of suspension order notified to the contractor whichever is earlier.

15.5.2 After full investigation of the matter is completed, the subsidiary company/CIL will take the

following action:

If the facts and evidence justify any penal action against the firm as detailed at point 18.5.3

below, such action should be taken.

Otherwise, the suspension order should be revoked forthwith, under intimation to all

concerned.

15.5.3 Banning of Business-

Banning of Business shall be considered in the following cases:

a) If the Directors, Proprietors, Employees, Partners of any Representative of the contractor

is/are found guilty of offences involving any security consideration including loyalty to the

State, in connection with business dealings with CIL or its Subsidiaries.

b) If the Director, Proprietor or Partner, Manager or any Representative of the contractor is

convicted by a court of law for offences in relation to its business dealing with any State

Government/Central Government or any Public Sector Undertaking.

c) If there are strong reasons to believe that the Director, Proprietor or Partner, Manager or any

Representative of the contractor has/have been guilty of malpractices such as bribery,

corruption, fraud, substitution of tenders, interpolation, etc.

d) Willful suppression of facts or furnishing or wrong information or manipulated or forged

documents by the contractor or using any other illegal/unfair means.

e) Drawing double payment or submitting invoice for double payment for the supply of same

materials or carrying out the same job/work.

f) Supplying defective materials/works and failure to replace the defective materials/works even

after reasonable extension is given to the contractor for rectification/replacement of the

defective materials or carrying out defective/poor quality job, not conforming to

specifications of the contract and failure to rectify it within stipulated time.

g) Failure to pay legitimate dues to CIL/Subsidiary companies including dues arising out of Risk

Purchase/work and when CIL and/or its subsidiary companies are satisfied that this is not due

to any reasonable dispute which would attract proceedings in arbitration or a Court of Law.

46

h) Commission of economic offence like evasion of Excise Duty, sales tax, Customs Duty, or

any other legitimate taxes, levies, duties, etc. imposed by the Government or local authorities

etc.

i) Continued and repeated failure to meet contractual obligations.

j) Revision of price and terms of offer within the validity period of the tender on a habitual

basis, in order to undermine the decision making process.

k) Canvassing and lobbying to get undue favour from the company.

l) Formation of price cartels with other contractors with a view to artificially hiking the prices.

m) Any misdeed, which may cause financial loss or commercial disadvantage to the company.

15.6.1 Foreclosure of contract:

If at any time after acceptance of the tender the company decides to abandon for any reason

whatsoever the company, through its Engineer-in-charge, shall give notice in writing to that

effect to the contractor. In the event of abandonment the company shall be liable: -

a) to pay reasonable amount assessed and certified by the Engineer-in-charge of the expenditure

incurred, if any, by the contractor on preliminary works at site e.g. temporary access roads,

temporary construction for labour and staff quarters, office accommodation, storage of

materials, water storage tanks and water supply for the work including supply to labour/staff

quarters, office etc., if applicable.

b) to pay the contractor at the contract rates full amount for works executed and measured at site

up to the date of such abandonment.

c) to pay for the materials brought to site or to be delivered at site, which the contractor is

legally liable to pay, for the purpose of consumption in works carried out or were to be

carried out but for the foreclosure, including the cost of purchase and transportation and cost

of delivery of such materials. The materials to be taken over by the company should be in

good condition and the company may allow at its discretion the contractor to retain the

materials in full or in part if so desired by him and to be transported by the contractor from

site to his place at his own cost with due permission of the Engineer-in-charge.

d) to take back the materials issued by the company but remaining unused, if any, in the work on

the date of abandonment/reduction in the work, at the original issue price less allowance for

any deterioration or damage caused while in custody of the contractor.

e) to pay for the transportation of tools and plants of the contractor from site to contractor’s

place or to any other destination, whichever is less.

47

15.6.2 The contractor shall, if required by the Engineer-in-charge, furnish to him books of accounts,

papers, relevant documents as may be necessary to enable the Engineer In Charge to assess

the amounts payable in terms of clauses 18.6(b), 18.6(c) & 18.6(e) of the contract. The

contractor shall not have any claim for compensation for abandonment of the work, other than

those as specified above.

15.7 Execution of work at Risk & Cost:

15.7.1 As specified in this tender document elsewhere, NCL (company) have the right to get

executed the work from other agencies at the risk & cost of the contractor in certain

situations. In that circumstances the cost as per work executed at their risk may be recovered

from the bills against any other pending/running work in NCL or in any other subsidiary

companies of Coal India Limited.

15.7.2 Procedures for executing work at Risk & Cost provisions given in the Purchase Manual shall

be followed.

16. Completion Certificate:

16.1 Except in cases where the contract provides for “Performance Test” before issue of

completion certificate, in which case the issue of completion certificate shall be in accordance

with the procedure specified therein, the contractor shall give notice of completion of work,

as soon as the work is completed, to the Engineer-in-charge. The Engineer-in-charge and or

any other Officer, nominated for the purpose by the company, shall within 30 (thirty) days

from the receipt thereof, inspect the work and ascertain the defects/deficiencies, if any, to be

rectified by the contractor as also the items, if any, for which payment shall be made at

reduced rate.

If the defects, according to the Engineer-in-charge are of a major nature and the rectification

of which is necessary for the satisfactory performance of the contract, he shall intimate in

writing the defects and instruct the contractor to rectify the defects/remove deficiencies within

the period and in the manner to be specified therein. In such cases completion certificate will

be issued by the Engineer-in-charge after the above rectifications are carried out/deficiencies

are removed by the contractor to the satisfaction of Engineer-in-charge.

In the event there are no defects or the defects/deficiencies are of a minor nature and the

Engineer-in-charge is satisfied that the contractor has already made arrangements for

rectification, or in the event of contractor’s failure to rectify the defects for any reason

whatsoever, the defects can be rectified by the company departmentally or by other means

and the 50% of the security deposit of the contractor shall be sufficient to cover the cost

thereof, he shall issue the completion certificate indicating the date of completion of the work,

defects to be rectified, if any, and the items, if any, for which payment shall be made at

reduced rate indicating reasons therefore and with necessary instructions to the contractor to

clear the site/place of work or all debris/ waste materials, scaffoldings, sheds, surplus

materials etc. making it clean.

48

16.2 In cases where separate period of completion for certain items or groups of items are specified

in the contract, separate completion certificate for such items or groups of items may be

issued by the Engineer-in-charge after completion of such items on receipt of notice from the

contractor only in the event the work is completed satisfactorily in every respect.

Refund of security deposit and payment of final bill shall, however, be made on completion

of the entire contract work, but not on completion of such items of work.

17. Additional Responsibility of the Contractor:

The cost on account of the “Additional Responsibilities of the Contractors” under this clause

is deemed to be included in the tendered rates.

(i) Safety of workers / laborer: Contractor must ensure the safety of all the workers/ laborer

engaged by him or by his sub-contractor. These workers / laborer engaged, must be equipped

with required safety gadgets and provided proper training by the contractor, failing which the

contractor will be liable for imposition of suitable penalty.

(ii) The company reserves the right to let other contractors also works in connection with the

Project and the contractor(s) shall co-operate in the works for their introduction, stores of

materials and execution of his/their works.

(iii) The contractor shall keep on the work during the progress a competent superintendent and

necessary assistant who shall represent the contractor in his absence. Important directions

shall be confirmed to the contractor in writing. If the contractor, in course of the work, finds

any discrepancy between the drawing forming part of the contract documents and the physical

conditions of the locality or any errors or omissions in drawings except those prepared by

himself and not approved by the Engineer-in-charge, it shall be his/their duty to inform

immediately to Engineer-in-charge and the Engineer-in-charge shall verify the same. Any

work done after such discovery and without intimation as indicated above will be done at the

risk of the contractor.

(iv) The contractor shall employ only competent, skilful and orderly men to do the work. The

Engineer-in-charge shall have the right to ask the contractor to remove from the work site any

men of the contractor who in his opinion is undesirable and the contractor will have to

remove him within three hours of such orders.

Precautions shall be exercised at all times for the protection of persons (including employees)

and property. The safety required or recommended by all applicable laws, codes, statutes and

regulations will be observed by the contractor. In case of accidents, the contractor shall be

responsible for compliance with all the requirements imposed by Workmen Compensation

Act or any other similar laws in force and the contractor shall indemnify the company against

any claim on this account.

All the scaffoldings, ladders and such other structures that the workmen are likely to use shall

be examined by the Engineer-in-charge or his authorised representative whenever they want

and the structure must be strong, durable and of such design as required by them. In no case

any structure condemned by the Engineer-in-charge or his authorised representative shall be

49

kept on the work and such structures must be pulled down within three hours of

condemnation and any certificate or instructions, however, shall in no way absolve the

contractor(s) from his/their responsibility, as an employer, as the company shall in no way be

responsible for any claim.

The contractor shall at all times exercise reasonable precautions for the safety of employees in

the performance of his/their contract and shall comply with all applicable provisions for the

safety laws drawn up by the State Govt. or Central Government or Municipalities and other

authorities in India. The contractor shall comply with the provisions of the safety handbook as

approved and amended from time to time by the Government of India.

(vi) The Contractor shall familiarize themselves with and be governed by all laws and rules of

Indian and Local Statutes and orders and regulations applicable to his/their work.

(vii) The contractor shall furnish the Engineer-in-charge or his authorised representative with work

reports from time to time regarding the contractor’s organisation and the progress made by

him/them in the execution of the work as per the contract.

(viii) All taxes, whether local, Municipal, provincial or Central etc. and cess, royalties etc. are

payable or may become payable during entire periods of contract, shall be to the contractor's

account and shall be deemed to have been included in their offer against the work to be

executed by him/them. The contractor will have to produce a certificate from the appropriate

authorities of the State Government to the effect that all dues about royalties have been paid.

This certificate will have to be produced before the final payment made.

(ix) The Contractor(s) shall make his/their own arrangement for all materials, tools, staff and

labourer required for the contract, which shall include cost of lead, lift, loading, unloading,

Railway freight, recruiting expense and any other charges for the completion of the work to

the entire satisfaction of the company.

(x) The contractor shall make his own arrangement for carriage of all materials to the work site at

his own cost. He/they shall also arrange supply of water required for the contracted work and

drinking water to his workmen and electrical power, unless expressed otherwise.

(xi) The work shall not be sublet to any other party, unless approved by the Engineer-in-charge in

writing.

(xii) The contractor shall not pay less than the minimum wages to the labourer engaged by him as

per minimum wages Act or such other legislation or award or the minimum wages fixed by

the respective state Government as may be in force and in this matter the decision of the

company shall be final and binding.

(xiii) All account shall be maintained in Hindi or English and the company shall have the right of

access and inspection of all such books of accounts etc. relating to payment of labourer

considered necessary and the company may arrange for witnessing the payment to the

labourer by its representative.

50

(xiv) Anything of historical or other interest or of significant value unexpectedly discovered on the

site is the property of the employer. The Contractor is to notify the Nodal Officer or his

nominee of such discoveries and carry out the Nodal Officer or his nominee’s instructions for

dealing with him.

(xv) The contractor shall in additions to any indemnity provided by the relevant clauses of the

agreement or by law, indemnify and keep indemnified for the following:

a) The company or any agent or employee of the company against any action, claim or

proceeding relating to infringement or use of any patent or design right and shall pay any

royalties or other charges which may be payable in respect of any article or material included

in the contract. However, the amount so paid shall be reimbursed by the company in the event

such infringement has taken place in complying with the specific directions issued by the

company or the use of such article or material was the result of any drawing and/or

specifications issued by the company after submission of tender by the contractor. The

contractor must notify immediately after any claim being made or any action brought against

the company, or any agent or employee of company in respect of any such matter.

b) The company against all claims, damages or compensation under the provisions of payment

of Wages Act 1938, Minimum Wages Act 1948, Employer’s Liability Act 1938, The

Workmen’s Compensation Act 1923, Industrial Dispute Act 1947, Mines Act as applicable,

Employees State Insurance Act 1948 and Maternity Benefit Act, 1961, Acts regulating P.F. or

any modification thereof or any other law relating thereto and rules made thereunder from

time to time, as may be applicable to the contract which may arise out of or in consequence of

the construction or maintenance or performance of the work under the contract and also

against costs, charges and expenses of any suit, action or proceedings arising out of any

accident or injury.

c) The company against all losses and claims for injuries or damages to any third party or to any

property belonging to any third party which may arise out of or in consequence of the

construction or maintenance or performance of the work under the contract and against all

claims/demands proceedings/damages, cost charges and expenses whatsoever in respect of or

in relation thereto.

(xvi) Setting Out: The contractor shall be responsible for the contract and proper setting out of the

works and correctness of the position, reduced levels, dimensions and alignment of all parts

of the work including marking out the correct lay out in reference to the permanent bench

mark and reference points. Only one permanent benchmark and basic reference lines shall be

marked and shown to the contractor as basic data.

The contractor shall have all necessary instruments, appliances and labourer in connection

therewith. If at any time during the progress of work any error is detected in respect of the

position, levels, dimensions or alignment of any part of the work, the contractor on being

required to do so by the Engineer-in-charge or his representative shall at the expenses of the

contractor rectify such errors to the satisfaction of Engineer In Charge unless such error is due

to incorrect data supplied by the Engineer-in-charge.

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(xvii) On receipt of Letter of Acceptance/Work Order the contractor shall forthwith register and

obtain License, if required, from the competent authority under the Contract Labour

(Regulation & Abolition) Act 1970, the Contract Labour (Regulation & Abolition) Central

Rules, 1971 and submit certified copies of the same to the Engineer-in-charge and the

Principal Employer.

(xviii) The contractor shall be registered with the concerned State Govt. and the Central Govt. in

respect of Sales Tax Act or changes made therein and the certificate having details of

Registration No., period of validity etc. should be submitted to the Engineer-in-charge.

(xix) If any matter which is not expressly provided for or against these conditions or any matter or

practice appears prejudicial to the interest of the company or the public, the company may

call upon the contractor to redo, modify or remove such matter or practice and this shall be

binding on the contractor.

18. Operating and Maintenance Manual: If “as built” drawings and/or Operating and

Maintenance Manual are required, the contractor shall supply them by the dates as per

instruction of the Engineer-in-charge. If the contractor does not supply the drawings and/or

Manual by the dates as stated above, the company shall withhold the amount as stated in the

agreement.

19. Settlement of Dispute: -

19.1 It is incumbent upon the contractor to avoid litigation and disputes during the course of

execution. However, if such disputes take place between the contractor and the department,

effort shall be made first to settle the disputes at the company level.

The contractor should make request in writing to the Engineer-in-charge for settlement of

such disputes/claims 30 (thirty) days of arising of the cause of dispute/claim failing which no

disputes/claims of the contractor shall be entertained by the company.

19.2 If differences still persist, the settlement of the dispute with Govt. Agencies shall be dealt

with as per the guidelines issued by the Ministry of Finance, Govt. of India in this regard. In

case of parties other than Govt. Agencies, the redressal of the dispute may be sought in the

court of Law.

52

ADDITIONAL SAFETY MEASURES TO BE TAKEN BY THE CONTRACTORS

Safety Code:-

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done

from the ground or from solid construction except such short period work as can be done

safely from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the

ladder and if the ladder is used for carrying materials as well, suitable footholds shall be

provided on the ladder and the ladder shall be given an inclination not steeper 1/4 to 1 (1/4

horizontal and 1 vertical).

2. Scaffolding or staging more than 12’ above the ground or floor swing or suspended from

overhead support or erected with stationary support shall have a guard fail properly attached,

braced or otherwise secured at least 3’ high above the floor or platform of such scaffolding or

staging and ends thereof with only such opening as may be necessary for the delivery of

materials. Such scaffolding or staging shall be fastened as to prevent if from swaying from the

building or structure.

3. Working platform gangways and stairways should be so constructed that they should not sag

and if the height of the platform of the Gangway or the Stairway is more than l2’ above

ground level or floor level they should be closely bonded and should have adequate with and

should be suitably fenced, as described as (ii) above.

4. Every opening in the floor of a building or in working platform be provided with suitable

means to prevent the fall of persons or materials by providing suitable fencing or railing

whose minimum height shall be 3’0”.

5. Safe means of access shall be provided to all working platforms and other working places.

Every ladder shall be provided securely fixed. No portable single ladder shall be over 30’ in

length while the width between side rails in running ladder shall in no case be less than 11.5

for ladder up to and including 10’ length. For longer ladder this width should be increased at

least 1/4% for each additional foot of length. Uniform step spacing shall not exceed 12%.

Adequate precautions shall be taken to prevent danger from electrical equipment. No material

on any of the sites of works shall be taken to cause danger from electrical equipment. No

materials on any of the sites of works shall be so soaked or placed as to cause danger or

inconvenience to any person or the public. The contractor shall also provide all necessary

fencing light to protect the public from accident and shall be bound to bear the expenses of

defense of every suit; action or other proceedings at all they may be brought by any person for

injury sustaining owing to neglect to the above precautions and to pay damage and cost which

may be awarded in any such suit, action or proceedings to any such person or which may with

the consent of the contractor be paid to compromise any claim by any such person.

6. Excavation and Trenching:

All trenching four feet or more in depth, shall at all times be supplied with at least on ladder

for each 100’ in length or fraction there of ladder shall be extended from bottom of the trench

to at least 3’ above the surface or the ground. The side of the trenches, which are 5’ or more

in depth, shall be stopped back to give suitable slope, or securely held by timber bracing, so

53

as to avoid the danger of slides collapse. The excavated materials shall not be placed within 5’

or more in depth shall be stopped back to give suitable slope, or securely held by timber

bracing, so as to avoid the danger of slides collapse. The excavated materials shall not be

placed within 5’ of the edge of the trench or half of the trench whichever is more. Cutting

shall be done from top to bottom. Under no circumstances undermining or undercutting shall

be done.

7. Demolition:

Before any demolition work is commenced and also during the process of the work:

7.1 All road and open areas adjacent to the work site shall either be closed or suitably protected.

7.2 No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus

used by the operator shall remain electrically charged.

7.3 All possible steps shall be taken to prevent danger to persons employed from risk of life from

explosion, or flooding. No floor, roof or other part of the building shall be so overloaded with

debris or materials as to tender it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in-charge

should be kept available for the use of the persons employer on the site and maintained in a

condition suitable for immediate use and the contractor should take adequate steps to ensure

proper use of equipment by those concerned.

8.1 Workers employed for mixing asphalt, materials, cement and lime mortars shall be provided

with protective footwear and protective gloves.

8.2 Those engaged in welding works shall be provided with welder’s glass and other related

safety gadget.

8.3 Stone breakers shall be provided with protective goggles and protective clothing, and seated

at sufficiently safe intervals.

8.4 The contractors shall not employee men below the age 18 years and women on the work of

painting with products containing lead in any form whenever man above the age of 18 are

employed for the work of lead painting the following precautions should be taken:

9. Painting:

9.1 No paints containing lead or lead products should be used except in the form of paste or

ready-made paint.

9.2 Suitable facemasks should be supplied for use to the workers when paint is applied in the

form of spray or a surface having lead paint dry rubbed and scrapped.

9.3 Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be

provided to enable the working painters to wash during the process of work.

54

10. When the work is done near any place, where there is danger, all necessary equipment would

be provided and kept ready for prompt rescue of any person in danger and adequate provision

should be made for prompt first-aid treatment of all injuries like to be sustained during the

course of the work.

11. Use of hoisting machines and tackles including their attachment, uncharge and supports shall

conform to the following standard or conditions.

11.1 Those shall be of good mechanical construction, sound materials and adequate strength and

free from patent defect and shall be kept in good working order.

11.2 Every rope used in hoisting or lowering materials or as a means of suspension shall be of

durable quality and adequate strength and free from patent defects.

11.3 Every crane driver or hoisting appliance operator shall be properly qualified and no person

under an age 21 years should be in-charge of any hoisting machine including scaffold and one

who gives signals to operator.

11.4 In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley

block used in hoisting or lowering or means of suspension, the safe working load shall be

ascertained by adequate means. Every hoisting machine and all referred to above shall be

plainly marked with safe working load. In case of a hoisting machine having a variable safe

working load, each safe working load and the conditions under which it is applicable shall be

clearly indicated beyond the safe working load except for the purpose of testing.

11.5 In case of departmental machines, the safe working load shall be modified by the Electrical

Engineer. As regards contractor’s machine, the contractor shall notify the safe working load

of the machine to the Engineer-in-charge whenever he brings any machinery to sit of work

and get it verified by the Electrical Engineer concerned.

11.6 Gearing, Transmission, Electric wiring and other dangerous parts of housing appliance should

be provided with efficient safeguard. Hoisting appliances should be provided with such means

as shall reduce risk of an accidental descent of the load. Adequate precautions should be taken

to reduce to the minimum risk or any part of suspended load becoming accidentally displaced.

11.7 Contractors will follow prevalent codes including Indian Electricity rules, acts and

amendments thereafter while working with/on any electrical installation as per and they will

be fully responsible for any damage of persons/equipment because of their work.

11.8 When workers are employed on electrical installation, which are already energised, insulating

mats, wearing apron such as gloves, sleeves, and boots as may be necessary should be

provided. The workers should not wear any rings, watches, and carry keys or other materials,

which are good conductors of electricity.

12. All scaffolds, ladders and other safety devices mentioned or described herein shall be

maintained in safe condition and no scaffolds, ladder or equipment shall be altered or

removed while it is in use. Adequate washing facilities shall be provided at or near places of

work.

55

13. These safety provision shall be brought to the notice of all concerned by display on a Notice

Board at a prominent place at the work spot. The persons responsible for compliance of the

safety code shall be named therein by the contractor.

14. To insure effective enforcement of the rules and regulations relating to Safety Precautions, the

arrangements made by the contractor shall be open to inspections by the Labour Officer,

Engineer-in-charge of the department or their representative.

15. Notwithstanding the above clause from 1 to 14 there is nothing in these to exempt the

contractor from operation of any other Act or Rule in force in Republic of India.

56

ADDITIONAL TERMS & CONDITIONS

1. All the workmen deployed by the contractor must have undergone vocational training at VTC

of any project during last five years or they have to undergo vocational training at VTC of the

project as per Mines Act. This will be applicable for the works to be carried out in the Kakri

mines premises only. The contractor shall keep the appropriate category of manpower for the

job.

2. The contractor shall keep the attendance of workers (shift wise) engaged in the job and shall

submit periodically for checking to the E.I.C.

3. The contractor and his workers shall work as per the guidelines of Engineer-in-charge.

4. The workmen employed by the contractor shall be well-versed with the type of equipment to

be handled and shall have adequate knowledge in the line. The contractor shall generate best

working condition and wages-structure to attract such workmen.

5. The contractor shall ensure the correct discipline of the workmen deployed by him..

6. The contractor shall keep the site order book to get the instruction from supervisor/Engineer

and shall follow accordingly.

7. All the works shall be executed as directed by Engineer-in-charge.

8. Any sort of miss-happening or damage to the equipment caused by the contractor's omission

& commission is the responsibility of the contractor and shall be made good by him at no

extra cost.

9. For other relevant terms & conditions general conditions of contract of NCL shall be

applicable.

10. The interpretation of any clause of this specification or portion there of shall be as clarified by

the GM (E&M)/NCL or his authorized representative and that shall be binding on the

contractor.

11. Sr. Manager(E&M)/CHP or his authorized representative will be the Engineer-in-charge for

the work

12. Warranty for the work including supply part shall be six months from the date of completion

13. If the contractor does not perform properly as per the terms and conditions of the contract or

in case of breach of the contract, management may consider debarring the contractor for

future tender for the appropriate period.

57

NOTICES

1. SERVICE OF NOTICE TO OWNER: -

Any notice to be given to the owner under the terms of contract shall be served by sending the

same by post or submitting the same at the Engineer's office.

2. LAW GOVERNING CONTRACT: -

The contract shall be governed by the law as is applicable in India and shall be construed in

accordance thereto.

3. INSURANCE OF WORKMEN: -

You will indemnify and keep indemnified the concerned NCL authority i.e. the principal

employer against all losses and claim whatsoever arises on this account and in respect of the

contracted work.

4. SAFETY MEASURES : -

You will abide by all the prevailing safety rules.

58

A N N E X U R E S

59

ANNEXURE –A

Format for LETTER OF BID (LOB) LETTER HEAD OF BIDDER (AS ENROLLED ONLINE e-TENDERING PORTAL AT CIL)

To,

The Dy.General Manager (E&M) E&M Department

Northern Coalfields Ltd.,

PO Kakri Project

Dist. Sonebhadra, UP -231224.

Sub: Letter of Bid for the work of repair and reconditioning of mechanical items such as

pulleys & bearing blocks installed in conveyor systems.

. Tender ID No: 2015_NCL_10785_1

Dear Sir,

I/We offer to execute the work as per our offered bill of quantity in accordance with the

conditions of the NIT document as available in the website. The details of the EMD being

submitted by us has been furnished online.

This Bid and your subsequent Letter of Acceptance/ Work Order shall constitute a binding

contract between us.

I/We hereby confirm our acceptance of all the terms and conditions of the NIT document

unconditionally.

Vendor code of NCL: ……………. (If already exists)

Yours faithfully

,

(Signature of Bidder OR

Authorised person of bidder OR

DSC Holder bidding online with authorisation from bidder)

1. Name of Authorised Signatory:

2. Type of Authorisation:

3. Name of the Bidder:

4. Address:

5. E-Mail Address:

6. Mobile/Telephone Number:

7. FAX Number:

8. Place:

9. Date:

60

ANNEXURE –B

Format for AUTHORISATION TO DSC HOLDER BIDDING ONLINE ON BEHALF OF BIDDER

NON JUDICIAL STAMP PAPER

I/We do hereby authorise M/s/Mr/………………………………… Address

………………………………….. for online bidding on behalf of me/us for the e-tenders invited

by Northern Coalfields Limited, Singrauli on www.coalindiatenders.gov.in.

Signature/Seal of the DSC

Holder Authorised for online

bidding on behalf of the

bidder.

Signature & Seal of the

bidder Authorising the DSC

Holder for online bidding.

Signature & Seal of the

NOTARY

61

ANNEXURE –C

NON JUDICIAL STAMP PAPER

(TO BE STAMPED IN ACCORDANCE WITH STAMP ACT)

PROFORMA OF BANK GUARANTEE IN LIEU OF EARNEST MONEY

(TO BE ISSUED BY ANY NATIONALISED/SCHEDULED BANK

AUTHORISED BY RBI TO ISSUE A BANK GUARANTEE)

To,

Northern Coalfields Limited,

P.O. Kakri Project,

Distt. Sonebhadra (UP).

WHEREAS ________________________[name and address of Bidder] (hereinafter called “the

Bidder”) shall be submitting its Bid in response to Tender Notice No.: _____________________

Dated ______ for the work ___________________________ [name of the work (hereinafter called

“the Bid”)

KNOW ALL MEN by these present that we __________________[name of the bank] of

______________ [name of the country] __________________ having our registered office at

_____________________[address of the bank] (hereinafter called “the bank), are bound unto the

Northern Coalfields Limited, P.O. Singrauli Colliery, Dist. Singrauli (MP) (hereinafter called “the

Employer/company”) for the sum of _________________ [amount of the Guarantee in words and

figures] for which payment well and truly to be made to the said Employer the bank binds itself, his

successors and assigns by these presents.

SEALED with the Common Seal of the said bank this _____________day of _________201__

THE CONDITIONS of this obligation are:

1. If the bidder withdraws its Bid during the period of Bid Validity specified by the employer on the

bid form; or

2. If the Bidder withdraws having been notified of the acceptance of its bid by the Employer during

the period of Bid Validity:

a. Fails or refuses to execute the Contract Agreement when required; or

b. Fails or refuses to furnish the Performance Security/Security Deposit (if any) in accordance

with the Bid conditions.

3. 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 Bidder / Contractor of any terms or

conditions contained in the said contract or by reason of the Bidder / Contractor’s failure to

perform the said contract. Any such demand made on the Bank shall be conclusive as regards the

amount due and payable by the Bank under this guarantee. We shall not with hold the payment on

the ground that the Company has disputed its liability to pay or has disputed the quantum of the

amount or that any arbitration proceeding or legal proceeding is pending between Company and

the Bidder / Contractor regarding the claim. However, our liability under this guarantee shall be

restricted to an amount not exceeding ________________ .

.

62

4. We, _________________________________ Bank further agree that the guarantee herein

contained shall come into force from the date here of and shall remain in full force and effect

during the period that would be taken for the performance of the said contract and that it shall

continue to be enforceable till all the dues of the Company under or by virtue of the said Contract

have been fully paid and its claims satisfied or Company certifies that the terms and conditions of

the said Contract have been fully and properly carried out by the said Bidder / Contractor and

accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us

in writing on or before the ___________________(date to be given) ______________ (Months

from the date of the Bank Guarantee) we shall be discharged from all liability under this guarantee

thereafter.

5. We, ______________________________ Bank further agree with said company that the Company

shall have the fullest liberty without our consent and without affecting in any manner our

obligations hereunder to vary any of the terms and conditions of the said contract / agreement or to

extend time of performance by the said Bidder(s) / 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

Bidder / Contractor and to forbear or enforce any of the terms conditions relating to the said

contract and we shall not be relieved from our liability by reason of any such variation or extension

being granted to the said Bidder / Contractor or for any forbearance act or omission on the part of

the company or any indulgence by the Company, to the said Bidder / Contractor or by any such

matter or thing whatsoever which under the law relating to sureties would but for this provision

have effect of so relieving us. The bank further agrees that in case this guarantee is required for a

longer period and it is not extended by the said Bidder / Contractor beyond the period specified

above, the Bank shall pay to the Company the said sum of Rs. _______________(Specify the

amount) or such lesser sum as may then be due to the Company and as the Company may demand.

6. We, ______________________ Bank lastly undertake not to revoke this guarantee during its

currency except with the previous consent of the Company, in writing.

a. The bank has under its constitution power to give this guarantee and Mr

______________________, (Name and Designation of the officer), who has signed it on

behalf of the Bank has authority to do so.

b. This bank Guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor.

We, ____________________ [ name of the bank] undertake to pay to the Employer up to the

above amount upon receipt of its first written demand, without the Employer having to

substantiate its demand, provided that in its demand the Employer will note that the amount

claimed by it is due to it owing the occurrence of 1 or both of the 2 (a) or (b) specifying the

occurred condition or conditions.

This guarantee will remain in full force up to and including the date ______________ and any

demand in respect thereof should reach the Bank not later than the date of expiry of this

guarantee.

For and on behalf of the bank.

Signature _____________________________

Name _____________________________

Designation _____________________________

Common Seal of Bank _____________________________

63

ANNEXURE- D

NON JUDICIAL STAMP PAPER

PROFORMA OF BANK GURANTEE FOR PERFORMANCE SECURITY

OF THE CONTRACT

Northern Coalfields Limited Name of Bank & Address :

Kakri Project Bank Guarantee No. :

Date of Issue :

Date of Expiry :

B.G. Amount :

Dear Sir,

In consideration of M/s. Northern Coalfields Limited, Singrauli (A Subsidiary Company of Coal

India Limited) having its Registered Office at Singrauli (hereinafter called “the Company” which

expression shall unless repugnant to the subject or context includes its successors and assigns)

having agreed under the terms and conditions contained in letter No…………………….….

dated………. issued in favour of M/s. ……….………. for …………………….…. (hereinafter

referred to as “the contract”) to accept the Deed of guarantee as herein provided for �……… from

the Schedule/ Nationalised Bank in lieu of security deposit to be made by M/s…….……..

(hereinafter called “the Contractor”) or in lieu of deduction to be made from the contractor’s bill,

for the due fulfillment of the terms and conditions contained in the said contract by the contractor,

we the ………. Bank (hereinafter referred to as the said Bank) having its Registered Office

at…………. do hereby undertake and agreed to pay the company to the extent of �………… on

demand stating that the amount claimed by the company is due and payable by the contractor for

the reasons of failure/negligence in performing the terms and conditions contained in the contract

by the buyer and to unconditionally pay the amount claimed by the company on demand without

any demur to the extent aforesaid.

We………… Bank agree that the company shall be the sole judge as to whether the said

contractor has failed/neglected in performing any of the terms and conditions of the said contract

and the decision of the company in this behalf shall be final and binding on us.

We the said Bank further agree that the Guarantee herein contained shall remain in full force and

effect upto ……….. and any claim received after the said date shall in no case bind the Bank.

The Company shall have the fullest liberty without affecting in any way the liability of the Bank

under this guarantee or indemnity from time to time vary any of the terms and conditions of the

said contract or to extend the time of performance by the said contractor or to postpone any time

and from time to time any of the powers exercisable by it against the said contractor and either to

enforce or to forbear from enforcing any of the terms and conditions governing the said contract

or securities available to the company and the said Bank shall not be released from its liability

under these presents.

Notwithstanding anything contained herein the liability of the said Bank under this guarantee is

restricted to �……. and this Guarantee shall come into force from the date hereof and shall

remain in full force and effect till ………. Unless the written demand or claim under this

guarantee is made by the Company with us on or before ……….. all rights of the company under

this guarantee shall cease to have any effect and we shall be relieved and discharged from our

liabilities hereunder.

We the said Bank lastly undertake not to revoke this guarantee during its currency except with

the previous consent of the company in writing and agree that any change in the constitution of

the said contractor or the said bank shall not discharge our liability hereunder.

This guarantee issued by Sri ……………… who is authorised by the Bank.

Under jurisdiction of ………………………… court only.

64

ANNEXURE- E LETTER HEAD OF BIDDER (AS ENROLLED ONLINE e-TENDERING PORTAL AT CIL)

MANDATE E-PAYMENT FORM FOR ELECTRONIC FUND TRANSFER/ INTERNET

BANKING PAYMENT

M/s. Northern Coalfields Limited,

Kakri Project U. P. 231 224

Dear Sir,

Ref.:AUTHORISATION OF ALL OUR PAYMENT THROUGH ELECTRONIC FUND

TRANSFER SYSTEM / RTGS / CBS / INTRA BANK TRANSFER.

We, hereby authorize Northern Coalfields Limited to make all our payments against our bills,

Refund of Earnest Money deposit and security deposit, through Electronic Fund Transfer System /

RTGS / CBS / Intra Bank transfer. The details for facilitating the payment are given below: –

(TO BE FILLED IN CAPITAL LETTERS)

1 NAME OF THE BENEFICIARY

2 ADDRESS (WITH PIN CODE)

3 TELEPHONE NO. (WITH STD CODE)

4 BANK PARTICULARS

1. BANK NAME

2. BANK TELEPHONE NO. (WITH STD CODE)

3. BRANCH NAME

4. BANK BRANCH CODE

5. BRANCH ADDRESS (WITH PIN CODE)

6. BANK FAX NO. (WITH STD CODE)

7. 9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE

COPY OF A CANCELLED CHEQUE)

8. 11 DIGIT IFSC CODE OF BENEFICIARY BRANCHI

9. BANK ACCOUNT NUMBER

10. BANK ACCOUNT TYPE (TICK ONE)

SAVING

CURRENT

LOAN

CASH CREDIT

OTHERS

IF OTHERS, SPECIFY

5 PERMANENT ACCOUNT NUMBER

(PAN)

6 E-MAIL ADDRESS FOR

INTIMATION REGARDING

RELEASE OF PAYMENT

7 VENDOR CODE

I/We hereby declare that the particulars given above are correct and complete. If the transaction

is delayed or credit is not affected at all for reasons of incomplete or incorrect information, I/We

would not hold the company responsible. We also agree to bear the bank changes, if any for

enabling such transfer.

(AUTHORISED SIGNATORY)

Name :

Date: Official Stamp

65

ANNEXURE– F

VENDOR REGISTRATION FORMAT LETTER HEAD OF BIDDER (AS ENROLLED ONLINE e-TENDERING PORTAL AT CIL)

(APPLICABLE FOR BIDDERS WHO HAVE NOT BEEN ALLOTED

VENDOR CODE IN NCL PREVIOUSLY)

TENDER REF NO. DATE:

01.VENDOR TYPE :

02.VENDOR CATEGORY : PRIVATE/ GOVERNMENT/ ANCILLARY (SPECIFY)

03.VENDOR NAME :

M/s

04. ADDRESS:

05.CITY:

06.PIN:

07.STATE:

08.COUNTRY

09.FAX NO:

11.TELEPHONE NO.

12.E-MAIL ID :

13.REPRESENTATIVE/CONTACT PERSON(TELEPHONE /MOBILE )

14.TYPE OF SUPPLIER /MANUFACTURER (TICK ONLY ONE TYPE)

1. Trader 6.Indegenious Vendor (Private) supplying imported material

2. Small scale industry (Public) 7.Public sector (Indigenous) other than 2, 4, 6

3. Small scale industry (Private) 8.Private sector (Indigenous) other than 2, 4, 6

4. Ancillary Industry 9.Vendor does not belong to any of the above category

5. Indigenous Vendor (Public) supplying imported material

15.SST/LST/VAT/TIN REGISTRATION NO:

16.SST/LST/VAT/TIN REGISTRATION DATE (EFFECTIVE FORM):

66

17.CST REGISTRATION NO:

18.CST REGISTRATION DATE (EFFECTIVE FORM):

19.PAN NO:

20.BANK NAME:

21.BRANCH NAME OF BANK:

22.BANK ACCOUNT NO:

23.ITEM(S) FOR WHICH VENDOR CODE IS TO BE GIVEN:

I agree to submit following documents duly notarized for allotment of new vendor code in NCL.

Proof of Documents

1. SALES tax registration no.(SST/CST)

2. PAN no.

3. Bank details (either first page of passbook or letter from bank mentioning all details)

SIGNATURE OF AUTHORISED BIDDER

67

LETTER HEAD OF BIDDER (AS ENROLLED ONLINE e-TENDERING PORTAL AT CIL)

ANNEXURE–G

DECLARATION

1. I / We hereby declare that our firm (Name of the Firm & Address) _____________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

have not occupied the quarter / premises of NCL un-authorizedly.

2. If it is found false / incorrect, department may cancel my / our tender.

Signature of the Bidder

Seal of firm

68

ANNEXURE–H LETTER HEAD OF BIDDER (AS ENROLLED ONLINE e-TENDERING PORTAL AT CIL)

DECLARATION REGARDING COMPLIANCE OF SA-8000

I/We agree to the following SA issues for proposed work of NCL, including our sub-contractors,

if any:

1) Not deploying Child Labour, Forced Labour and Home Worker, and not encouraging young

workers but if unavoidable, complying with the policy as under:-

(a) No Young Worker is engaged at the expense of his / her education;

(b) If pursuing education, the Young Worker is engaged only after his/her school

hours;

(c) The total work, schooling, and transportation time of the Young Worker does not

exceed a combined total of 10 Hours per day;

2) Providing Safe & Healthy Workplace Environment to all employees, including clean, safe

and proper dormitory facility if provided; and respecting right of employees to leave work

places when they see any imminent serious danger.

3) Freedom of employed persons to pursue their union activities as per law.

4) Not discriminating any employed person on social and personal account.

5) Not allowing inhumane disciplinary actions on any employed person.

(a) Ensuring adequate working hours, remuneration, and social security payments to

all employed persons as per law.

(b) No female Young Worker is engaged during night hours; and

6) Male Young Workers is engaged during night hours only if he specifically consents.

In addition to above, I/We also agree the following:-

1) To confirm to all requirements of SA – 8000 (as listed above) and to require the same of

our sub-contractors, if any;

2) To participate in SA monitoring activities, as and when required by NCL;

3) To identify the root cause and prompt implementation of Corrective Action(s) and

Preventive Action(s) to resolve any detected Non-conformity to the requirements of SA-

8000; and

4) To promptly and completely inform NCL all relevant information on SA issues

particularly regarding compliance of requirements of SA-8000.

Signature of the Contractor

69

ANNEXURE–I

NON JUDICIAL STAMP PAPER OF Rs.10.00 (Min)

AFFIDAVIT

(Strike out which is not applicable)

1. I, ............................................................................................................ Partner/Legal

Attorney/Proprietor/Accredited Representative of M/s ...................................................

................................................................................................. solemnly declare that:

2. I/We are submitting tender for the work ........................................................................

...................................................................................................................................

....................................................................................................................................

against Tender Notice No. ...........................................................................................

dtd. ......................................................................

3. (a) My self or our partners do not have any relative working in NCL.

(b) I/We do have relative working in NCL. (in case any relative is working in NCL, their

name should be specified with relation with the contractor, designation and place of

posting to be indicated)

****** (Strike out which is not applicable).

4. All information furnished by me/us in respect of fulfillment of eligibility criteria and

information given in this tender is complete, correct and true.

5. All documents/credentials submitted along with this tender are genuine, authentic, true and

valid.

6. If any information or document submitted is found to be false/incorrect, department may

cancel my/our Tender and action as deemed fit may be taken against me/us including

termination of the contract, forfeiture of all dues including Earnest Money and blacklisting of

our firm and all Partners of the firm etc.

7. I/We shall abide by CMPF/EPF Clause of Tender Document and ensure implementation of

CMPF and Misc. Provision Act 1948 and allied scheme framed thereunder / EPF Scheme in

respect of the workers deployed by me/us.

8. Service Tax Registration is not applicable to me/us. OR I/we have Service Tax Registration as

per latest format.

9. I/we shall abide by the provisions of OHSAS:18001 and SA:8000.

Seal of Notary

Signature of the Bidder

Date:

70

ANNEXURE–J LETTER HEAD OF BIDDER (AS ENROLLED ONLINE e-TENDERING PORTAL AT CIL)

DECLARATION / UNDERTAKING

(Strike out which is not applicable)

1. We have read the tender document and understood all provisions and specifications in

totality. All terms and conditions are acceptable to us. We do not have any terms and

conditions of our own.

2. This is to certify that I / we have downloaded this tender document from NCL Website/Govt.

Tenders Websites and is being submitted without tampering at any page. Further, we

understood that in the event of such tampering is detected at any stage or any time, NCL have

got right to terminate this work, forfeit the EMD/Security Deposit submitted by us and our

firm can be blacklisted. (Applicable for the offers downloaded from websites).

3. My/ Our firm have not been banned or delisted by any State Government or Central

Government or Quasi Government Agencies or Public Sector Undertakings.

4. Price bid submitted is unconditional.

5. I/We has/have requisite infrastructures to execute the tendered work.

Seal: Signature of the Tenderer

Date:

71

ANNEXURE –K

NON JUDICIAL STAMP PAPER

INTEGRITY PACT (For tendered value Rs. 2.00 crores and above only)

Between

Northern Coalfields Limited (NCL) hereinafter referred to as “The Principal”

and

___________________________________________ hereinafter referred to

as “The bidder/Contractor”

PREAMBLE

The principal intends to award, under laid down organizational procedures, contract/s for

________________________________________________________________

____________________________________________________________________ . The principal

values full compliance with all relevant laws and regulations & the principles of economic use of

resources, and of fairness/transparency in its relations with its bidder(s) and/or contractor(s).

In order to achieve these goals, the principal cooperate with the International non Governmental

organization “Transparency International” (T.I.). Following T.I.’s national & international experience,

the principals will appoint an independent External Monitor (IEM), who will monitor the tender

process and the execution of the contract for compliance with the principles mentioned above.

Section 1- Commitments of the Principal:-

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:-

1. No employee of the Principal, personally or through family members, will in connection

with the tender for, or the execution of a contract, demand, take a promise for or accept,

for him/herself or third person, any material or immaterial benefit which he/she is not

legally entitled to.

2. The Principal will, during the tender process treat all Bidder(s) with equity and reason.

The Principal will in particular, before and during the tender process, provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidential/additional information through which the Bidder(s) could obtain an

advantage in relation to the tender process or the contract execution.

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

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal

offence under the relevant anti-corruption laws of India or if there be a substantive suspicion

in this regard, the Principal will inform the Chief Vigilance Officer and in addition can

initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s) / Contractor(s) (1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation

in the tender process and during the contract execution.

1. The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer,

promise or give to any of the Principal’s employees involved in the tender process or the

execution of the contract or to any third person any material or immaterial benefit which

he / she is not legally entitled to, in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract.

2. The Bidder(s) / Contractor (s) will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to

prices, specifications, certifications, subsidiary contracts, submission or non-submission

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of bids or any other actions to restrict competitiveness or to introduce cartelisation in the

bidding process.

3. The Bidder(s) / Contractor (s) will not commit any offence under the relevant Act

corruption laws of India , further the Bidder(s) / Contractor (s) will not use improperly,

for purposes of competition or personal gain, or pass on to others, any information or

document provided by the Principal as part of the business relationship, regarding plans,

technical proposals and business details, including information contained or transmitted

electronically.

4. The Bidder(s) / Contractor (s) will, when presenting his bid disclose any and all

payments he has made , is committed to or intends to make to agents, brokers or any other

intermediaries in connection with the award of the contract.

(2) The Bidder(s) / Contractor (s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts.

If the Bidder(s) / Contractor(s), before award has committed a transgression through a

violation of Section 2, or in any other form such as to put his reliability or credibility in

question, the Principal is entitled to disqualify the Bidder(s) / Contractor(s) from the tender

process or to terminate the contract , if already signed , for such reason.

1. If the Bidder/Contractor has committed a transgression through a violation of Section 2 such

as to put his reliability or credibility into question, the Principal is entitled also to exclude the

Bidder/Contractor from future contract award process . The imposition and duration of the

exclusion will be determined by the severity of the transgression. The severity will be

determined by the circumstances of the case, in particular the number of transgressions, the

position of the transgressors within the company hierarchy of the Bidder and the amount of

the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3

years.

2. The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to

reason to and impose such exclusion and further accepts and undertakes not to challenge or

question such exclusion on any ground, including the lack of any hearing before the decision

to resort to such exclusion is taken. This undertaking is given free and after obtaining

independent legal advice.

3. If the Bidder/Contractor can prove that he has restored/recouped the damage caused by him

and has installed a suitable corruption prevpention system, the Principal may revoke the

exclusion prematurely.

4. A transgression is considered to have occurred if in light of available evidence no reasonable

doubt is possible.

Section 4 – Compensation for Damages (1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover from the bidder

Liquidated damages equivalent to 3% of the value of the offer or the amount equivalent to

Earnest Money Deposit / Bid Security whichever is higher.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is

entitled to terminate the contract according to Section 3, the principal shall be entitled to

demand and recover from the Contractor liquidated damages equivalent to 5% of the

Contract value or the amount equivalent to Security Deposit/ Performance Bank

Guarantee, whichever is higher.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demand

subject only to condition that if the Bidder/Contractor can prove and establish that the

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exclusion of the Bidder from the tender process or the termination of the contract after the

contract award has caused no damage or less damage than the amount of the Liquidated

Damages, the Bidder/Contractor shall compensate the Principal only to extent of the

damage in the amount proved.

Section 5 – Previous transgression (1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other

Company in any country conforming to the TI or with any other Public Sector Enterprise in

India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender

process or the contract, if already awarded can be terminated for such reason.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors. (1) The Bidder(s) / Contractor(s) undertake (s) to demand from all subcontractors a commitment

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

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,

Contractors and Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or

violate its provisions.

Section 7–Criminal charges against violating Bidder(s) / Contractor(s) / Subcontractor(s).

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

employee or a representative or any associate of a Bidder, Contractor or subcontractor which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal

will inform the same to the Chief Vigilance Officer.

Section 8 –External Independent Monitor / Monitors (three in number depending on the size of

the contract) (to be decided by the Chairperson of the Principal). (1) The Principal appoints competent and credible External Independent Monitor for this Pact.

The task of the Monitor is to review independently and objectively, whether and to what

extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs

his functions neutrally and independently. He reports to the CMD, NCL.

(3) The Bidder(s) / Contractor (s) accepts that the monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of

a valid interest, unrestricted and unconditional access to this project documentation. The

same is applicable to subcontractors. The Monitor is under contractual obligation to treat the

information and documents of the Bidder(s) / Contractor(s) / Subcontractor(s) with

confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the

parties related to the Project provided such meetings could have an impact on the contractual

relations between the Principal and the Contractor. The parties offer to the Monitor the

option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so

inform the Management of the Principal and request the management to discontinue or heal

the violation, or to take other relevant action. The monitor can in this regard submit non-

binding recommendations. Beyond this, the Monitor has no right to demand from the parties

that they act in a specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the CMD, NCL within 8 to 10 weeks from the

date of reference or intimation to him by the Principal and, should be occasion arise, submit

proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to / provided

to Independent Directors on the NCL Board.

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(8) If the Monitor has reported to the CMD, NCL, a substantiated suspicion of an offence under

relevant Anti corruption on Laws of India , and the CMD, NCL has not, within the reasonable

time taken visible action to proceed against such offence or reported it to the Chief Vigilance

Officer, the monitor may also transmit this information directly to the Central Vigilance

Commissioner, Government of India.

(9) The word “Monitor” would include both singular and plural.

Section 9 – Pact Duration This pact begins when both parties have legally signed it. It expires for the Contractor 12

months after the last payment under the contract, and for all other Bidders 6 months after the

contract has been awarded.

If any claim is made / lodged during this time, the same shall be binding and continue to be

valid despite the lapse of this pact as specified above, unless it is discharged / determined by

CMD of NCL.

Section 10 – Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Singrauli.

(2) Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this

agreement remains valid. In this case, the parties will strive to come to an agreement to their

original intentions.

(For & on behalf of the Principal)

Signature ------------------------------------

(Name & Address)

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(For & on behalf of Bidder/ Contractor)

Signature ------------------------------------

(Name & Address)

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(Office Seal)

(Office Seal)

Place ------------------------

Place ------------------------

Date -------------------------

Date -------------------------

Witness

Signature ------------------------------------

(Name & Address)

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Witness

Signature ------------------------------------

(Name & Address)

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