NORTHERN COALFIELDS LTD. MM DEPTT. SINGRAULI

Tender Ref.404A1047 due date The bidders quoting against this tender against tender documents downloaded from NCL site Shall Have to deposit the cost of tender document indicated in the tender notice in the form of Bank D/D drawn in favour of Northern Coalfields ltd., payable at SBI , Morwa Code 3767. Tenders not accompanied by the above D/D shall be treated invalid.

Schedule to tender

S. No. Description of

items Part Number Quantity Minimum.

Guaranteed Life (Hour)

Qty.per m/c.

24/9196 Draglines [Esco] Matched Set consists of 2 Toothpoint Sets with 1 Adopter Set(Tooth Point Set comprises of following items [40 sets]

1 Tooth Point 91101539 40 200 5 2 Pin 91101541 80 10 3 Snap Ring

Lock 91101542 80 10

Adopter Set comprises of following items [20 sets] 4 Adopter 91101675 20 400 5 5 Wedge 91101674 20 5 6 Spool 91101673 20 5

24/96 Draglines [Hendrix ] Matched Set consists of 2 Toothpoint Sets with 1 Adopter Set (Tooth Point Set comprises of following items [40 sets]

7 Tooth Point H950 40 200 5 8 Tooth Point

wedge 5B 40 200 5

Adopter Set comprises of following items [20 sets] 9 Adopter H505X9505 20 400 5 10 Adopter

Keeper H505W1 20 400 5

11 Adopter Keeper

H505SP 20 400 5

24/96 Draglin BEML Make Bucket Matched set of 2 tooth poin sets with 1 no. adopter set Tooth Point Set comprises of following items [20 sets]

12 Tooth points 82002184 20 200 5 13 Pin 82002188 20 5

Adopter Set comprises of following items [10 sets]

14 Adopter 82002185 10 400 5 15 Spool 82002186 10 5 16 Wedge 82002187 10 5

P&H 2300 XP Shovel Matched Set consists of 3 Toothpoint Sets with 1 Adopter SetTooth Point Set comprises of following items [36 sets]

17 Tooth Point 3412N12 36 400 6

18 Pin 19Z253 36 400 6 19 Rubber Lock 12Z538 36 400 6

Adopter Set comprises of following items [12 sets] 20 Adopter 12Z610 12 1200 6 21 Wedge 12Z612 12 1200 6 22 Clamp 12Z611 12 1200 6

P&H 1900 AL / BE/RB195 Shovels Matched Set consists of 3 Toothpoint Sets with 1 Adopter Set (Tooth Point Set comprises of following items [108 sets]

23 Tooth Point 12Z581 108 400 6 24 Pin 19Z253 108 400 6 25 Rubber Lock 12Z538 108 400 6

Adopter Set comprises of following items [36 sets] 26 Adopter 12Z534 36 1200 6 27 Wedge 12Z537 36 1200 6 28 Clamp 12Z536 36 1200 6

10 CuM Marian Shovels Matched Set consists of 3 Toothpoint Sets with 1 Adopter Set Tooth Point Set comprises of following items (36 sets)

29 Tooth points 3051064 36 400 6 30 Pin 3051072 36 6 31 Pin lock 2799812 36 6

Adopter Set comprises of following items (12 sets) 32 Adopter 3051056 12 1200 6 33 Wedge 4011295 12 6 34 C-Clamp 4011287 12 6

20/90 Draglines Tooth Point Set comprises of following items [24 sets]

35 Tooth Point 106061403 24 300 6 36 J Bolt 106061402 24 300 6 37 Nut 1060614005 24 300 6 38 Washer 1060614006 24 300 6

15/90 Dragline

39 Tooth Point 35052900205/ 35052900005

12 750 6

10/70 Dragline 40 Tooth Point

104101011041/10060108

10 750 5

EKG 12.5 Shovels 41 Tooth Point 3570100007 24 750 6

EKG 10 Shovels Ring 35042800005 123 600 42 Tooth Point 35360100001 12 750 6

A K Sinha

Materials Manager

Special Terms and Conditions (Commercial)

1. The tender is being floated for source development by placement of trial

orders. 2. Earnest Money: The Earnest money prescribed against this tender is

Rs.56000/-. The EMD should be submitted in the form of Banak DD drawn in favour of Northern Coalfields Ltd., payable at SBI Morwa. The EMD of unsuccessful tenderer shall be returned to them by cheque immediately on finalization of the tender. EMD shall be forfeited in case the bidder withdraws their offer with in the validity period and/or indulge in any activities that violates the sanctity of tender.

3. The maximum ceiling of Liquidated damages shall be 10%. The NIT and

the general terms and conditions of the tender enclosed here with shall stand modified to this extent.

4. The security deposit to be submitted by the successful tenderer shall be

10%. The NIT and the general terms and conditions of the tender enclosed here with shall stand modified to this extent. The Security deposit should be deposited with in 15 days from the date of the supply order in the form of Bank DD drawn in favour of Northern Coalfields Ltd., payable at SBI Morwa.

5. Vendors with NSIC/DGS&D registration, State and central PSUS and NCL

ancillaries are exempted from making security deposit and EMD subject to submission of documentary evidence issued by Govt. authorities exempting them from submission of EMD/Security money.

6. The material will be used in any one or more mines of NCL at its discretion 7. Payment term: 80% payment shall be made after receipt of materials

against submission of BG for equivalent amount. The Bank guarantee should be submitted in the standard format and should be valid for the warranty period. Balance 20% along with the bank guarantee shall be released after warranty period if the performance of the item is found satisfactory and duly certified by the HOD of technical department HQ

8. As this is a case of source development and NCL find it necessary to

develop more than one source in such cases NCL reserves the right at its sole discretion to conclude trial orders on more than one firm for the same item with in the total NIT quantity.

9. Bidders who have been declared proven source in NCL shall not be

considered against this tender.

10. Declaration: The tenderer shall be required give a declaration that they have not been banned or de-listed by any Government or quasi-Government agencies or PSUs . If a tendered has been banned by any Government or quasi-Government agencies or PSU, this fact must be clearly stated and it may not be necessarily be a cause for disqualification. IF THIS DECLARATION IS NOT GIVEN, THE OFFER WILL BE REJECTED AS NON-RESPONSIVE. 11.The envelope containing the Tender documents should be properly sealed only with sealing wax embossed with the Logo / Monogram of the tenderer. Envelope sealed with only gum or staple shall not be accepted. 12. Any deviation in the technical and commercial terms and conditions of the NIT (Notice Inviting Tender) should be clearly spelt out in a separate sheet under the heading "Deviation Sheet (Technical)" and "Deviation Sheet (Commercial)" respectively. If not spelt out specifically in the deviation sheet it will be presumed that the bidder has read understood and agreed to all terms and conditions of the NIT. Bidders are advised to quote FIRM price only. The offer of the tenderer quoting variable price shall be considered un-responsive. 13. EVALUATION PROCEDURE i) The evaluation of the bids shall be done as per the laid down procedures of NCL guided by the Purchase manual of COAL INDIA LTD. ii) The Excise Duty and Taxes shall be added as per the Excise / Sales Tax Rules. iii) Bidders are advised to indicate all elements of cost as per the break-up indicated in the NIT for objective evaluation. iv) In case of the bidder quoting Ex-Works price the following loading factors other than Excise Duty and Sales Tax applicable shall be considered for arriving at the landed price.

a) Packing forwarding Charges: 2% of Ex-works price. b) Insurance: As per NCL Insurance policy rate.

c) Freight: Above 2001 Km: 5% 15001 to 2000 Km: 4% 1001 to 1500 Km: 3% 501 to 1000 Km: 2% 500 Km and below: 1% v) In case the bidder specifies the exact amount of Freight and Insurance, then the same will be added to the quoted price in place of the above loading factors. vi) Payment of freight and insurance charges shall be limited to the above ceiling

vii) The loading factors applicable to FOB quote shall be as under: viii) The loading for freight and insurance shall be as per details given below: Port of dispatch: Freight( %) USA, Canada and Japan Sectors 12% of FOB Value All other Sectors 10% of FOB Value In case actual freight paid by NCL for identical items in past is available, the same amount/percentage may be taken for loading for freight charges.

Insurance Charges for loading purpose shall be considered as per existing transit insurance contract concluded by NCL/CIL. ix) The CIF price will be multiplied by the Exchange Rate between Indian Rs. And the quoted Foreign currency prevailing on the date of opening of the price bid. The applicable rate will be " Selling BC Rate" of any Nationalized Bank of India. Otherwise the rate as available from National News Papers will be taken.

x) Custom duty and countervailing duty as applicable will be added to the CIF Price and landing charges taken together, thus converted into Indian Currency. xi) On this net price, 2% of FOB will be added as port clearance and forwarding charges, estimated average inland freight up to destination will be considered as 3% of FOB value and financing charges of 3% of FOB value will also be added for payment against LC. xii) For comparison of Import offer with the Indigenous offer in a Global Tender, landed price of Indigenous offer (i.e., FOR Destination price plus Excise Duty plus Sales tax plus Octroi, if any would be compared with the landed price of Import Offer i.e. CIF price plus Custom Duty plus Port clearance charges plus Inland freight etc as above). The Special Term & Condition, form an integral part of the Tender Documents. In case of any contradiction in the provisions of the Special Terms and conditions above and the standard terms and conditions hereunder the provisions of Special terms and conditions above shall prevail.

Materials Manager (P)

Special Technical Terms and conditions(Technical)

1.Sealed quotations are to be invited from the manufacturers only for supply of matched sets of Toothpoints & Adopters in sets and Tooth points set as applicable individually & collectively on TRIAL ORDER BASIS as per the list enclosed at Annexure - I. 2.Definition - The different terms used in term and conditions as defined here under - 3.In case of equipment no adopter are used, the Trial order for procurement of "Tooth point set" only will be concluded. Wherever the term "Matching Set" or "Tooth Point Set" as in the case may be "is mentioned here under, the reference of "Tooth Point Set" is being made to this category of machines. 4.The bidder required to quote their rates for individual items as well as for the "Tooth point set & Adopter Set" & "Tooth point Set". The tenderer who do not quote their rates for individual items will be liable to be ignored. The price evaluation will be made for the "Matched Set" and for machine where no adopters are used/not being tendered, the evaluation will be made for "Tooth Point Set". The individual rates will be considered as nominal rate for accounting purpose and for settlement of claims in the event of premature failure or shortfall in minimum average life. 5.Necessary measurement of items comprising matched set (Adopter, Tooth point & accessories), if any required, shall have to be taken by the firm from the user project through CGM (Excv), NCL Singrauli. The drawings, if needed, shall be developed by the firm of their own accordingly. No approval of drawings shall be necessary. However, fitment of the supplied items shall be the responsibility of the participating tenderer. 6.Minimum Performance Guaranteed Life : "Matched Set" or "Tooth point Set" as in the case may be, will be used in various projects of NCL in their respective machines. Each "Tooth point set" and "Adopter Set" or "Tooth point Set" shall have to be guaranteed for a minimum life as indicated in Annexure - I. a. The minimum performance guarantee life indicated in Annexure -I will be the minimum life acceptable and will be the eligibility criteria for acceptance or otherwise rejection of firm's offer. b. The performance of "Tooth point set & Adopter Set" or "Tooth point Set" as the

case may be, will be monitored separately. c. In case of equipment where "Matching Sets" are procured, failure of "Adopter Set" will treated as failure of the 'Tooth point & Adopter set". d. In case any 'Tooth Point Set" and "Adopter Set" fails to achieve 75% of the minimum performance guarantee life as indicated in Annexure- I , it will be treated as premature failure, The working hours of prematurely failed "Tooth point set & Adopter Set" & "Tooth point Set" will not be considered for performance evaluation of total order quantity. No payment will made for such premature failure. Failures on account of operational fault shall not be treated as premature failure. Further ,the quantity & hours achieved by the fallen/lost due to operational fault shall also be not considered/included for computing the total minimum guaranteed life ( for the items set which have achieved more than or equal to 75% of the minimum guaranteed life). e. The premature failure of any of the 'Tooth Point Set" or "Adopter Set" more than 10% of the trial order quantity of each type of equipment will be considered as poor performance / quality on the part of vendor and they will not be considered in future tender for proven source. f. A firm shall be considered as proven source for participating in future tenders if and only if, it achieves either of the following conditions - If 90 % of the total ordered quantity for each of the tooth point set and adopter set calculated separately, achieves the stipulated minimum guaranteed life as mentioned in the schedule of requirement . OR All those tooth point set and adopter set as the case may be, which

have achieved more than or equal to 75% of the minimum guaranteed life the sum of achieved hours of such sets calculated separately must achieve the minimum guaranteed life X total ordered quantity excluding premature failed qty on account of NCL.

g. In case of any 'Tooth Point Set" and "Adopter Set" as the case may be, achieve life equal to or more than 75% and less than the minimum performance guarantee life as indicated in Annexure-I, the payment of such 'Tooth Point Set" and "Adopter Set" will be made on the pro-rata basis.

h. The firm. may inspect the failed items jointly, if they desire so, within 7 days from the date of intimation of failure. If no joint inspection is made

within this period it will be presumed that the firm has accepted the failure and no subsequent claim in this regard will be entertained.

Any "Tooth Point Set" or "Adopter Set" fallen in OB/Coal during operation will not be available for joint inspection. In such cases, the failing of "Adopter Set" will be considered as :"Operational Fault", if it is due to the worn-out lip of dipper. The same will be decided by comparing the lip of dipper with standard template. The standard template will be kept with the project for the use during joint inspection / initial fitment of adopter set. The user projects have to ensure the fitment of all adopter sets only after rebuilding lip area of dipper as far as practicable & in presence of the firm and submit joint inspection report with firm's representative immediate after initial fitment indicating fitment of all the components such as adopter, C-clamp, wedge, tooth point & rubber lock etc. Any changed in the profile / shape during operation is to be brought to the knowledge of the firm by the user project immediately.

7. The offer will be evaluated on cost per hour basis worked out on landed price & minimum Guaranteed Life as stipulated in Annexure -I .

8. Identification Mark and NCL logo : The serial number of Tooth point and Adopter with suffix 'T", Firm's Logo and letter "NCL" as NCL logo must be embossed on each and every item at a place which is not subjected to normal wear and tear for convenience of identification at any time during or after use

Eligibility Criteria 9. Tenderers who are quoting against this tender should submit latest

audited and authenticated list of Plant & Machinery owned by them and required for manufacturing NIT items, Write up of process adopted, source of raw material, measuring & testing facilities available with them & adherence to any standard such as IS/ISO etc. if any.

The list of P&M and Test facilities should contain the following details: i) Audited annual plant capacity for tender item (steel casting) ii) Details of furnace with capacity & size of pouring cap. iii) Detail of moulding shop iv) Carbon percentage analyser v) Chemical composition analyser vi) Detail of destructive testing equipment (Impact testing m/c, Bending

testing m/c)

vii) Non-destructing testing equipments (Ultrasonic, Radiographic, MP testing etc.).

10. a)The firm should have valid registration certificate from Govt.Organisation (State/Central) viz, DOI, SSI, NSIC for manufacturing of tender items viz. Steel casting.

b) To assess the experience of the firm in manufacturing Steel casting items only received from NCL, Singrauli, Projects of NCL, CIL subsidiaries (HQ), PSU & other Govt. organizations.

11. Installed capacity as per their DOI/NSIC certification and Offered capacity should be indicated specifically by the tenderer in their offer.

12. The delivery to be commenced within 45 days from the date of receipt of order and supply to be made in matching sets of quantity per machine for three machine at a time as per details indicated in Annexure -I

13. Physical, Chemical and Metallurgical Test certificates for the finished product along with fitment certificate will have to be submitted along with each supply by the firm.

14. Bidders are required to submit supply order copies received from PSU &

other Government organization, dimensional drawings of the items ordered & weight of individual items have also to be provided.

15 If any of the above NIT points are not furnished/replied or replied partially

by the tenderer their offer is liable for outright rejection at first instance and no further correspondence in this regard shall be entertained.

For and on behalf of Northern Coalfields Ltd.,

(A K Sinha) Materials Manager(P)

(Under Jurisdiction of Sidhi Court only)

NORTHERN COALFIELDS LIMITED MATERIALS MANGEMENT DEPARTMENT

Singrauli - 486 889: Sidhi: M.P Phone : 266606/266578/266481 FAX No: 07805 -266388

TENDER NO DATEM/s ......................................... BY REGISTERED POST ........................................ BY HAND ....................................... ...................................... Dear Sir(s), Sub: Notice Inviting Tender for supply of ________________________________ _______________________________ __ Type of Tender (A) Double Cover Bid or (B) Single Cover Bid (Strike out which is not applicable). Due date of Tender Submission : Time UPTO : 1 P..M Due date of Tender Opening : Time 3.00 P.M. (If due to unavoidable/unforeseen circumstances, the "due date" falls on holiday, the tender will be accepted and opened on the next working day. Timings will remain same as above). Sealed Tenders are invited in DUPLICATE (complete in all respect) for supply of materials indicated in attached Schedule of Requirement , as per the following terms and conditions and also General Terms & Conditions enclosed with this NIT. 1. Tenderers are advised to submit their lowest rates for the item(s) as per the schedule of requirement (Indicating the technical details also if any) enclosed as Annexure 'A" to be supplied to our different stores situated in the State of MP & UP. The tenderers should confirm unconditional acceptance of the terms and conditions specified in this document, failing which the tender is LIABLE TO BE REJECTED without making any further reference. 2. ONLY MANUFACTURERS OR SOLE MARKETING OUTLETS DULY AUTHORISED BY MANUFACTURERS FOR NCL ARE ENTITLED TO QUOTE. Only Manufacturers to quote. In case any manufacturer, as a matter of policy, does not at all directly market the product(s) included in this tender, then such manufacturer(s) may submit their offer through their authorised marketing outlet (Sole Selling Agent/Authorised Dealer). In such a case, the authorised marketing outlet shall have to submit, as a part of the offer, a specific authorisation from the manufacturers to quote against the tender (giving tender no in authorisation letter ) of NCL . The certificate must indicate the date of appointment and period as

sole selling agent/authorised dealer and their principal(s) are manufacturers(s) of the said item(s). Manufacturer(s) should not authorise more than one dealer against any tender of NCL. Any failure to comply with the above conditions may render the offer liable for rejection without assigning any reason thereof. It should be clearly indicated by the tenderer whether the tenderer is a manufacturer or sole selling agent/authorised dealer for the tendered item(s).The tenderer must submit documentary evidence establishing them as manufacturer or their Princip?al being manufacturer. In case of Limited Tender Enquiry(L.T.E.), the manufacturer (if their sole selling agent/authorised dealer is quoting) should send a copy of authorisaion certificate (as mentioned above) in advance to N.C.L. for information and record. The manufacturers should ensure that such advance copy should reach NCL before the due date of opening of tender. 3. PROCEDURE FOR SUBMISSION OF TENDER: All the pages of the offer should be TYPED on the letter head of the tenderer and be duly signed in each and every pages of the offer. All corrections and manuscriptions should be duly authenticated and initialled. Offer should be submitted in DUPLICATE, complete in all respect, and with necessary documents wherever asked for. NOTE: IN CASE OFFER IS SENT BY POST, IT SHOULD PREFERABLY BE SENT BY REGD POST/SPEED POST ONLY. Telegraphic offers, Telex offers, Fax offers will normally not be accepted and are liable for rejection without assigning any reason. Incomplete offers shall be rejected without any reference to the vendor. THE ENVELOPE containing the offer should be superscribed with TENDER NO & DUE DATE and addressed to:

The Chief General Manager(MM), Materials Management Dept.,

Northern Coalfields Ltd., PO: Singrauli, Dist: Sidhi(MP) - 486 889: India.

Envelopes not supercribed with tender No and Due date of opening are liable for rejection. The envelop containing tender must bear the name and address of the tenderer who have been issued tender document. However in case of Limited Tender Enquiry where authorised dealer/sole selling agent is quoting on behalf of manufacture, the name and address of the tenderer alongwith the name of the Principal to whom enquiry was issued must be indicated on the envelop. In case tenders are to be submitted locally, the same should be deposited in the TENDER BOX kept for this purpose in the Materials Management Deptt,HQ, Singrauli. 4. LATE TENDER: Tenders which have not been received in the office of Chief General Manager(MM) NCL, Singrauli on or before due date and time of submission of tender, as mentioned at page no 1, of this NIT, the same will not be considered. 5 SINGLE COVER & DOUBLE COVER TENDER (Offer must be submitted in DUPLICATE) 5.1: DOUBLE COVER BID TENDER:

(i) The tender should be submitted in two sepaprate sealed envelopes containing- (i)Technical and Commercial Bid and (ii) Price Bid,. both of which should be superscribed with the tender number, due date of opening. These two envelopes should again be sealed in a third bigger envelope supercribing the tender No. and due date of opening. The envelopes containing separately Technical & Commercial bid and Price Bid should also be supercribed with the words TECHNICAL & COMMERCIAL BID '&' PRICE BID respectively. 5.1 (a) Cover No. I :Technical and Commercial Bid Technical & Commercial bid should be submitted in two sections. Section -IA: It should contain the detailed technical specifications as per NIT Annexure 'A' ie., the main dimensions, make, model, design and drawings if any working and operational characteristics etc., with illustrated technical literatures, test certificates, BIS certificates, DGMS approval, CMRS test report, Guarantee Certificate etc., as needed for quoted items. . Any deviation in specification from NIT should be clearly spelt out in a separate sheet under the heading "Deviation Sheet" recording the reasons for deviations. Section - IB: It should contain commercial terms and conditions, like rate of taxes and duties, delivery schedule , guarantee/warranty,. payment term and other clauses etc., as mentioned hereunder. Any deviation from NIT terms should be clearly spelt out. Section I-'B" should also contain list of past supplies of same or similar item to NCL or any subsidiary of CIL or Govt Deptts. or any major organisation alongwith copies of orders and date on which material has been supplied, performance report, if any. All such copies to be submitted must be AUTHENTICATED. with signature and seal of company submitting the tender. Unauthenticated copies, if submitted, shall not be considered as valid documents. IMPORTANT: PRICES SHOULD NOT BE MENTIONED IN THE TECHNICAL AND COMMERCIAL BID IN ANY FORM OR MANNER. IN CASE THE PRICES ARE MENTIONED IN THE TECHNICAL AND COMMERCIAL BID, THE OFFER WILL BE LIABLE FOR REJECTION WITHOUT MAKING ANY FURTHER REFERENCE TO THE TENDERERS. FURTHER IN THE COMMERCIAL BID , IT SHOULD BE CLEARLY INDICATED THAT IN THE PRICE BID, PRICES HAVE BEEN QUOTED IN THE DESIRED MANNER WITH BREAK-UP OF ALL ELEMENTS. A COPY OF UNPRICED, PRICE BID SHOULD BE ENCLOSED WITH THE TECHNO-COMMERCIAL BID. 5.1(b):OTHER IMPORTANT POINTS FOR TECHNICAL & COMMERCIAL BIDS: Section IA & IB of the offer must confirm/contain the following: (i) The Serial Number and Unit of Measurement (like Nos., Kg, M.T.) of the schedule of requirement must be maintained while submitting the itemwise offer. ii) Deviation from Tendered specification if any, must be indicated in form of Deviation Sheet. (iii) Technical literature, brochures, chart, diagram, drawings, photographis etc., in support of the technical specifications offered, or as required in the tender specification wherever necessary, to be submitted. (iv) SOLE MARKETING AUTHORISATION certificate from the manufacturers for submitting quotation to NCL in case offer is submitted by sources other than manufacturer. (v) Certified photocopy of the DGMS APPROVAL. Such certificates indicating the tendered items and all subsequent amendment upto date must be furnished, wherever such approval is an essential condition of Tender Specification.

(vi) Latest certified photocopy of CMRS Test Certificate for the tendered items must be furnished wherever required as per NIT specification. (vii) Certified photocopy of BIS marking licence indicating the tendered items, upto date and valid as per latest BIS specification revision/amendment for the quoted items must be furnished wherever such marking is required as per Tender specification or under statutory requirement of DGMS approval etc., (viii) In case the items offered are covered under DGS&D Rate Contracts, PRICE quoted should not be higher than the Rate Contract and a copy of the current Rate Contract must be enclosed duly authenticated with the PRICE BID alongwith amendments, if any. A copy of the DGS&D Rate Contract may also be submitted with the technical & commercial bid, without indication of prices. (ix) The material shall conform to relevant BIS and it its absence BSS/VDE/DIN wherever possible. Whereever the Vendor has acquired ISO 9000 Certification the same may be mentioned and a duly attested copy of such certificate enclosed with the offer. (x) CLEAR ACCEPTANCE/COMPLIANCE OF ALL THE COMMERCIAL TERMS AND CONDITIONS INDICATED IN THE TENDER DOCUMENTS MUST BE CONFIRMED. WHEREVER A PARTICULAR ITEM IS NOT APPLICABLE OR NO COMMENT CALLED FOR THE SAME MAY BE INDICATED. (xi) For FLP equipment certified photostat copy of valid CMRS report and DGMS approval should be submitted alongwith the offer. Wherever technical specification calls for BIS marked product to be supplied, certified photocopy of the valid BIS licence should be submitted alongwith the offer. 5.1(c) : COVER NO. 2: PRICE BID: Price bid should indicate only the itemwise price as per the NIT Sl.No. The envelope must be sealed superscribing PRICE BID and indicate the Tender reference, due date of opening on top of the envelope. Discount wherever offered should be UNCONDITIONAL. Conditional discount shall not be considered. i) Price bid should contain the General Description of the item, part no, quantity and unit price offered, both infugure and in words duly typed in letter head/quotation forms. IMPORTANT:Breakup of price in the following manner to be furnished. a) Basic Price b) Excise duty rate and amount c) Concessional/full rate of Sales tax (as the case may be) and amount d) Packing & Forwarding charges- rate and amount e) Freight /Mode of Transport f) Insurance - rate and amount g) Any other charges h) Total landed cost 5.1(d): OTHER IMPORTANT POINTS FOR PRICE BID:I) The price offered must be on FOR Destination basis inclusive of all the elements, with break-up indicated above. (ii) Wherever the basic price quoted is inclusive of any or all above elements this fact should be clearly indicated alongwith the amount and rate (% of basic price) at which such element(s) are included.

(iii) Wherever any of the above elements are not applicable, the same should be clearly indicated. (iv) Conditional offers like Excise duty not presently applicable, but if applicable will be to buyers account etc., will not be accepted. In case of any likelihood of ED to be imposed before execution of order, the maximum rate of probable ED must be clearly indicated which will be loaded on the basic price for comparison. Otherwise any future imposition of such taxes and duties shall be borne by the Seller. (v) Packing & Forwarding freight and Insurance charges must be realistic. Mode of Tranport to be clearly indicated i.e., whether by Goods Train/Passenger Train/Road Transport etc., (vi) In case of spares, extended value of each item, considering the quantity required as per schedule of requirement should be indicated. (vii) In case of any deviation from the above procedure of submission of tender, the offer shall be liable for rejection without any further information to the tenders. viii) The Technical & Commercial Bid and Price Bid will be opened on two different dates. Only Technical and Commercial bid will be opened on due date and time as indicated above at page-1. Techno-Commercially acceptable offers only shall be considered for Price Bid opening. A separate intimation will be sent indicating the date for price bid opening to such tenderers only. 5.2 SINGLE COVER BID TENDER: Complete OFFER in a SINGLE Sealed cover, superscribing the Tender No. and due date of opening, should reach the above address before the specified date and time as indicated at page no.1. 5.2(a): Offer submitted must be in three Sections A, B & C. Section-A (Technical Details): It should contain the detailed Technical Specification as per NIT Annexure'A' i.e., the main dimensions, make, model, design and drawings if any, working and operational characteristics etc., with illustrated technical literatures, test certificates, BIS certificates, DGMS approval, CMRS test report, Guarantee Certificate etc., as needed for quorted items. Any deviation in specification from NIT should be clearly spelt out in a separate sheet under the heading "Deviation Sheet". Section -B (Commercial Details): It should contain Commercial terms and conditions, like Rate of Taxes and Duties, Delivery Schedule, Guarantee/Warranty, Payment Term and other clauses etc., as mentioned hereunder. Any deviation from NIT terms should be clearly spelt out. Section -"B" should also contain list of past supplies of same or similar item to NCL or any subsidiary of CIL or Govt.Deptts. or any major organisation alongwith copies of orders and date on which material has been supplied, performance report, if any. All such copies to be submitted must be AUTHENTICATED with signatrue and seal of company submitting tender. Unauthenticated copies, if submitted, shall not be considered valid documents. 5.2(b): OTHER IMPORTANT POINTS FOR TECHNICAL & COMMERCIAL DETAILS: Other important points which must be observed while preparing offer for above Section A&B are same as given in Double Cover Bid Tender under 5.1(b) - (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xii). In case the items offered are covered under DGS&D Rate Contract Prices quoted should be as per the Rate Contract and a copy of the Current Rate Contrct must be enclosed duly authenticated with the OFFER.

5.2(c): Section C - Prices: It should indicate only itemwise unit price as per the Sl.No. of NIT alongwith DISCOUNT structure. Discount whichever offered should be UNCONDITIONAL. Conditional discount shall not be considered. This part should contain the General Description of the item, part no. quantity and unit price offered, both infigure and in words duly typed in letter head/quotation forms. IMPORTANT:Breakup of price in the following manner to be furnished. a) Basic Price b) Excise duty rate and amount c) Concesisonal/full rate of Sales tax (as the case may be) and amount d) Packing & Forwarding charges-rate and amount e) Freight/Mode of Transport f) Insurance - rate and amount g) Any other charges h) Total landed cost. 5.2(d): OTHER IMPORTANT POINTS FOR 'PRICE' SECTION: Important points which must be observed while preparing offer for 'Price'Section are same as given in Double Cover Bid Tender under 5.1(d) - (i) to (viii). The Tender will be opened on the due date and time as given in at page no.1. 5.3: PRICE VARIATION: i) Price quoted must be 'FIRM' till the supplies are completed and the supply order is executed in all respect. (ii) In case the tenderer is not in a position to quote FIRM price they may quote variable price with a ceiling limited to maximum +/-15%. The applicable standard PVC formula, the applicable date ( i.e., one month prior to the date of tender opening) and the rate of raw material(s) should also be clearly stipulated. Lesser ceiling limit may be offered by the tenderer. (iii) The variable prices quoted without formula and ceiling limit may be rejected. PVC formula should be submitted alongwith Technical & Commercial Bid. (iv) In case of delayed delivery, price variation only upto the original contractual delivery period or upto the actual delivery period whichever is lower will be allowed. (v) For comparison of different offers on "Firm price" and offer with PVC, the prices of the later will be loaded to the extent of maximum ceiling limit of PVC. (vi) No escalation will be allowed on packing, forwarding, freight & Insurance charges. PVC shall be applicable on basic price only. 6. TAXES & DUTIES:i) Sales tax, (State or CentralSales tax), Excise duty, Customs Duty, Octroi, Entry tax or any other statutory levy, if applicable, should be indicated separately and clearly in terms of percentage even if the offer is inclusive of such levies. The rate of each of these elements even if the same is nil or inclusive or to be paid extra on the basic price quoted should be indicated as percentage of the basic. ii) The rates should be indicated in the Commercial Section of the Offer without disclosing the basic price in that section. In case of offer not clearly indicating the rates of taxes and duties etc., or no mention of taxes and duties or in case of any ambiguity it will be presumed that the prices quoted are inclusive of all such levies and no further clarification to this effect will be called for and any upward variation in statutory levies ie., taxes and duties etc., will have to be borne by the tenderer.

iii) Wherever prices quoted are exclusive of taxes and duties the same as applicable at the time of deliverywithin contractual delivery schedule(in the main order) shall only be claimed subject to the submission of documentary evidence required as per the existing policy of Govt. Under no circumstances upward variation of taxes and duties can be absorbed by NCL beyond the contractual delivery period. (iv) Tenderer should furnish their sales tax registration numbers ( Central/State) and date in the quotation/invoices. (v) The Excise duty rate should be separately mentioned. In case the Excise Duty is inclusive, the percentage/rate included has to be indicated. In case this is not indicated, it would be concluded that Excise Duty is not payable by them and even if at a later date, it becomes payable due to any reasons, whatsoever the same will be borne by them and it would not be claimed from the purchaser. No claim on this account would be entertained by NCL. (vi) In no case, the offer should be vague on the elements of Excise Duty & Taxes chargeable. Whenever slab excise rate are applicable and firms are submitting offer indicating lower slabs but not confirming that the same lower Excise Duty Slab would be applicable even if the slab is increased due to increase in their turnover, offer will be loaded with the maximum excise duty applicable for the items for comparison purpose. (vii) Review of Excise Duty payable shallbe done only in cases where tenderer has clearly indicated percentage ED applicable at the time of quoting and a specific notification is issued by the Govt. increasing the Excise Duty and a copy of which is made available at the time of raising of claims. This review will be limited for the admissibility of ED within original contractual delivery period. (viii) Excise duty if included or payable extra, in any case, vendor should submit Buyer's copy of invoice as per Rule 52A and 173C of Central Excise Rules 1944 or any other relevant rule prevalent at the time of supply. (ix) If payment of Excise Duty is exempted, vendor should clearly indicate the same in their offer indicating the Excise Notification number and enclose attested copy of Exemption Certificate alongwith the offer. If excise duty is payable at a later date, during the contractual delivery period, in the event of any order, no claim on this account will be entertained by NCL. (x) In case the Excise Duty is inclusive, NCL will not entertain any claim or for any in crease in the rate of Excise Duty within the contractual delivery period,. (xi) If the tendered items are non-excisable as per Govt.-Notification the same should be indicated in the offer giving exemption notification number. If it is payable at later date within contractual delivery period, the case may be reviewed on its merit based on the required documents. (xii) If excise duty is payable at Slab Rates depending on turnover, tender should clearly mention the applicable rate for the tendered quantity/value included in the tender for supply during the contractual delivery period in a particular Financial Year to NCL. If nothing is mentioned, offer will be loaded with the maximum rate of excise duty applicable for the items and offer will be evaluated accordingly. In no case offer should be vague on the elements of Excise Duty. Clause like "Excise Duty not to be paid Extra" should not be incorporated normally in the offer. In such cases, in the event of any order, NCL will not entertain any claim whatsoever for payment of Excise Duty even if it payable at a later date.

7. For items to be imported by NCL: a) Firm, FOB/FAS prices should be indicated clearly mentioning the Ex-works prices the discount if any, inland freight,export packing and forwarding charges up to the port of despatch. Estimated sea freight as well as air freight, estimated marine insurance charges should be indicated separately. (b) Name and address of the foreign manufacturers with original copy of their original offer clearly mentioning whether the FOB prices quoted include any Agency Commission, margin, rebate discount, Engineering and technical service charges compensative charges etc., for their Indian Agents and if so the amount thereof under each head should be clearly specified both in percentage and amount. If no discount/commission etc., are involved, offers should specifically indicate the same. The name and address of the Indian Agent, their bankers name and Account No. in that bank should also be clearly indicated. The services such Indian Agent will render to NCL in lieu of Indian Agency Commission ahould also clearly be spelt out. NCL prefers to do business with the Manufacturers without any involvement of any Agent or Middleman. (c) The Sea-freighting of the items which will be ordered on you will have to be arranged in accordance with the instructions of the Ministry of Transport, Department of Surface Transport (Chartering Wing), Govt.of India, New Delhi, through the Freight Forwarder appointed by Govt. of India ( the same will be indicated in the supply order placed). (d) In case the tenderer is the authorised Indian Agent participating on behalf of the Foregn Principal who are not marketing their product directly they are required to submit "Specific Authorisation Letter in Original" from their principal and services that will be rendered by them as manufacturers agent. In case the tenderer is registered with DGS&D or having rate contract with DGS&D for the tendered items, the following documents should be enclosed. (i) Certified copy of DGS&D registration for the tendered items. (ii) Attested and complete copy of DGS&D Rate Contract for the tendered items/quoted items, giving page number of rate contract where they are appearing alongwith latest conversion factor issued by DGS&D with detailed break-up showing all elements such as export packing, forwarding, ocean freight, marine insurance, CIF value, Customs Duty, Exchange rate, mark-up octroi etc., For items to be imported by the Tenderer and then to be supplied to NCL:(a) Price quoted should be kept FIRM till the completion of supplies. Variation in price will not be entertained. Offer with price variation clause is liable to be rejected. b) All payments to Indian Firms who are Importing the items and then supplying to NCL, shall be made in Indian Rupees. For direct Imports payment shall be made through Letter of Credit established preferably on any Indian Bank having its branch in that country. All contracts will be on FOB/FAS basis. Agency Commission, if any, shall be paid in Indian Currency at the Exchange Rate prevalent on the date of Bill of Lading after receipt and acceptance of materials at site within 21 days. The Exchange Rate will have to be certified by any Nationalised Bank in India. Our Banker will credit the amount of the bills to your account with designated bank as per your advice after receipt of ORIGINAL DOCUMENTS at their end,( i.e., our bankers end.). c) All Imports by NCL shall be guided by Govt. of India's current Export-Import policy - April 1997 to March 2002, amended from time to time, and other rules and regulations prevalent at the time of import. Presently no Import Licence is required hence no licence will be provided by the

Purchaser. However, items appearing in the "Negative List" cannot be imported. Consequent upon any change in the Import Policy of Govt of India, the position shall be reviewed. d) In case of delay in supply of materials i.e. beyond the delivery date mentioned in the supply order due to any fault on the part of the supplier, the L.C. extension charges will have to be borne by the supplier. 8. OPENING OF TENDERS: i) Tenders will be opened in presence of the representatives of the attending tenderers on due date and time of opening as indicated above at page one. ii) Only one authorised representative of each participating firm will be allowed to attend the opening of Technical & Commercial Bid and Price Bid. Representative not in possession of specific authorisation letter will not be allowed to attend. iii) The representative of the firm whose offers are not received within the due date and time of tender submission and whose offers are technically not acceptable will not be allowed to attend the opening of Technical & Commercial Bid/Price bid as the case may be. Valid Tenders shall be read out as they are, for information of the attending tenderer once. No further information can be furnished thereafter once the same has been read out at the time of opening. 9. DELIVERY: The delivery schedule for supply of equipments/stores must be clearly indicated by the bidder indicating the following in reference to the Schedule of Requirement attached with the NIT: 1. Date/Period of commencement of supply 2. Rate of supply on per month/week basis 3. Date/Period of completion of supply. 4. Installed capacity of the firm. 5. Licenced Capacity of the firm. Qualification Criteria: a) For Equipments: The bidder should be in a position to supply in specified Delivery Period ( in the Schedule of Requirement) atleast 50% of the total quantity/number for which the bid has been issued. b) For Materials (Stores/Spares): The bidder should be in a position to supply in specific Delivery Period (in the Schedule of Requirement) atleast 25% of the total quantity for which the bid has been issued. Offers from bidders who fail to comply with the above qualification criteria shall be considered UNRESPONSIVE. EXTENSION OF DELIVERY PERIOD In the event a firm is not in a position to execute the order if placed against this tender in full or part thereof within the contractual delivery period.: a) Delivery extension application should be made before expiry of the contractual delivery period and no supplies should be made once the delivery period has expired and formal extension not obtained from NCL order placing authority. Any despatch beyond contractual

delivery "without obtaining delivery period extension" would be at the risk and cost of the supplier, and the same may not be accepted by the consignee. b) In case of "Force Majeure" conditions for the purpose of claiming exemption from payment/recovery of liquidated damages, the firm should submit documentary evidence in support of the claim, without which no such claims will be entertained. c) Upward price variation as per terms of Price Variation clause if any shall not be applicable during the extended delivery period.However, downward price variation as per CVC if any during the extended delivery period will become applicable. d) In case the order is placed on the assurance of earlier delivery offered in preference to the lowest acceptable offer and the vendor fails to deliver the materials in time, he will be liable to pay the difference between the lowest acceptable offer and his offer. 10. VALIDITY: The offers must remain valid and open for acceptance for 180 days from the date of opening of Technical & Commercial bid. Tender with a validity of less than the specified period are liable for rejection without any further reference to the tenderer. 11. DELAYED DELIVERY AND LIQUIDATED DAMAGE: In the event of failure to deliver the stores in case of FOR Destination contract and despatch in case of FOR Ex-works contract/FOB/FAS contract, within the stipulated date/period in accordance with the specification mentioned in the supply order and in the event of breach of the terms and conditions mentioned in the supply order, NCL reserve its right: a) To recover from the successful tenderer as agreed liquidated damages a sum not less than 1/2% of the price of any store which the successful tenderer has not been able to supply the aforesaid for each week or part of a week during which the delivery of such stores may be in arrears subject to a ceiling of 15% b) To purchase elsewhere after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or other of a similar description without cancelling the supply order in respect of consignment not yet due for supply. OR c) To cancel the supply order or a portion thereof and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also- d) To extend the period of delivery with or without penalty as may be considered fit and proper. The penalty if imposed shall not be more than the agreed liqudated damages referred to in clause (a) above. e) To forfeit the security deposit in full or in part. 12. FORCE MAJEURE CONDITIONS: If the execution of the contract/supply order is delayed beyond the period stipulated in the supply order as a result of outbreak of hostilities, declaration of an embargo or blockade or fire, flood, acts of nature or any other contingency beyond the suppliers control due to act of God, then NCL may allow such additional time by extending the delivery period as considered to be justified by the circumstances of the case and its decision will be final. If additional time is granted by NCL, the supply order shall be read and understood as if it had contained from its inception the delivery date as extended. Power Cuts cannot be taken as Force Majeure Conditions. 13. PRICE FALL CLAUSE :

The price charged for the stores/equipment supplied against this order if placed shall in no event exceed the lowest price at which the tenderer sells the stores/equipment of identical description to any other party during the contractual Delivery period. If the supplier at any time during the contractual Delivery period sells such stores to any other person/organisation at a price lower than the price charageable to NCL under the contract, the supplier shall forthwith notify such reduction of sale prices to NCL and the price payable under this contract for the stores/equipment supplied under this contract shall be correspondingly reduced. . The successful tenderer shall furnish the following certificate to the consignee/paying authority alongwith bill:- " I/We certify that the stores of description identical to the stores supplied to the consignee concerned under the contract therein, have not been sold by me/us to any other person/organisation at the commencement of the contract upto the period of completeion of delivery at a price lower than the price charged to the concerned consginee of the contract". Failure in submission of aforesaid certificate by the contract holder, may result in with-holding of the payment of their bills against supply. 14. PAYMENT TERM: Payment shall be released by the Paying Authority mentioned in Supply order, in the manner given below: i) FOR TRIAL ORDER FOR EQUIPMENT: 80% payment shall be made against receipt. inspection and acceptance of the equipment and submission of bank guarantee for equivalent amount valid for a period of eighteen months from the date of receipt of equipment. The balance 20% payment shall be released after getting satisfactory performance report of the equipment. ii) FOR TRIAL ORDER FOR SPARES/CONSUMABLES: 80% payment shall be made within 21 days against receipt and acceptance of materials or submission of bills complete in all respects whichever is later. The balance 20% payment shall be released after getting satisfactory performance report. iii) FOR FIRM ORDER FOR EQUIPMENTS/CAPITAL STORES/SPARES & CONSUMABLES: 100% payment against submission of bills in triplicate alongwith receipted challan within 21 days of receipt and acceptance of materials at site by the consignee or submission of bills complete in all respects whichever is later.

PLEASE INDICATE THE FOLLOWING IN YOUR OFFER FOR RELEASE OF PAYMENT IN YOUR FAVOUR AGAINST SUPPLIES MADE:

I) NAME AND ADDRESS OF YOUR BANK II)YOUR ACCOUNT NUMBER IN THE ABOVE BANK Paying Authority shall be indicated in the supply order. 15. PERFORMANCE GUARANTEE: (For Capital Equipment only) The Performance Guarantee wil lbe submitted by successful tenderers for 10% value of the ordered price to cover both satisfactory performance and warranty for the standard performance. The performance guarantee for 10% value will be taken in the form of Bank Guarantee. The Bank Guarantee should be valid for 18 months ( for 15 months and 3 months grace period) issued by any Nationalised Bank from the date of receipt of equipment included in the order and same will be either released or encashed or extended thereafter, as deemed fit. In case the order quantity is more than one no./set and the delivery is to be made in phased

manner, the successful tenderer may submit separate Bank Guarantees against individual equipment. 16. GUARANTEE/WARRANTYa) For firm/regular orders ( Plant & Machinery) To be covered by makers' standard guarantee as follows for the complete equipment including spare parts: Supplier shall warranty that the equipment supplied under this contract: i) Is new, unused and of the current design not likely to be discontinued or become obsolete, within the life span of the equipment. ii) Is in accordance with the contract specification. iii) Shall have no defects arising out of design, materials or workmanship. iiv) Supplier shall furnish manufacturers guarantee for satisfactory performance in all respect for the complete/composite equipment/stores for a period of 12 months from the date of commissioning of the equipment or 18 months from the date of receipt of stores at consignee premises, whiever is earlier. In the event of any breakdown or failure of performance due to defects in materials, design, workmanship, spare parts etc.,NCL shall promptly notify the supplier in writing of any claim arising under this guarantee. Repairs, replacement or rectification work, if required, shall be carried out by the supplier at site at no cost to NCL within 30 days of intimation of warranty claims. Suppliers shall be required to stock spare parts to take care of warranty period breakdown. Spare parts should be available within 2 week from the date of information of breakdown. The guarantee/composite warranty will have to be submitted alongwith your bill for 80% /100% value, as the case may be. v) Warranty shall cover for the total equipment and all services under the warranty clause shall be the responsibility of the ultimate suppliers of the composite equipment. vi) Manufacturers shall give details of maintenance schedule for the equipment, e.g. time interval between the maintenance and number of manshift required for such maintenance. b) For Stores & Spares: The tenderers shall be fully responsible for the manufacturers warranty in respect of proper design, quality, workmanship of the materials and their proper fitment on the equipment for which these are intended for, for a period of 12 months from the date of receipt and acceptance of materials at ultimate destination. Tenderers are also requested to certify that their products are exact replacement of/fully interchangeable to the original parts and will fit and function on the equipment for which these are intended for. c) Bidder will replace the defective part/parts at site, free of cost within 30 days of the intimation to them. The composite warranty/guarantee certificate should be submitted to the consignee alongwith the supplies. 17. SAMPLES:

Sample of items, wherever necessary, should be submitted free of cost alongwith quotation for inspection by this office. Samples must be labelled with tenderers' name, address and tender enquiry number and due date of opening. 18. PACKING: The consignment should be securely packed as per standard Trade Practies/ISS to withstand the rigours of transport and to prevent any loss or pilferage or damage in transit. The supplier shall be fully responsible for safe delivery of materials at the consignee's end. The packing charges shall be borne by the seller.. 19. SECURITY DEPOSIT: The successful tenderers willbe required to deposit a security money @ 5% of the value of the order in the form of Cash/NSC/Bank Guarantee/Bank Draft in favour of Northern Coalfields Ltd., Singrauli before release of order. The firm registered with DGS&D/NSIC/NCL, Ancilliary to NCL will be exempted from depositing Security Money on request against documentary evidence which must be submitted alongwith the tender. State/Central Government Dept/PSUs will also be exempted from depositing the security money on submission of documentary evidence. The DGS&D/NSIC/Ancilliary to NCL/Firms registered with NCL must be specifically for the tendered item and specification and must be valid atleast on the due date of tender opening. No claim shall lie against the purchaser either in respect of interest or any depreciation in value of any security. Security Deposit of the vendor shall be released on successful execution of the supply order.

20. SUBMISSION OF DOCUMENTS FOR PAYMENT: For claiming payment, following documents are to be submitted alongwith original bill as per terms of supply order., I. For Indigenous Item: a) Pre-receipted and stamped invoice ( Buyer's copy of Invoice) b) Packing list in originals giving details of bill of materials c) Delivery Challan in original d) Consignment Note/RR/PWB in original e) Warranty/Guarantee Certificate as per supply order terms f) Manufacturers test certificate as per supply order terms f) DGMS approval and/or BIS licence/Certificate as per supply order terms whever applicable g) Performance Bank Guarantee as stipulated in the order. h) Price Fall clause certificate i) Any other document required as per order such as octroi receipt etc., Note: Regarding (c) above, while obtaining the receipt of material the signature of the authorised signatory only have to be obtained with stamp. Before obtaining the receipt, please enquire about the authorised signatory to avoid delay in processing of your bill. II. For Imported Items: In case of direct import by NCL the following documents should be submitted for claiming payment: a) Invoice b) Full set of House/FIATA Bill of Lading/Airway Bill with shipping Specification or Forwarders Cargo Receipt(FCR). c) Warranty Certificate of manufacturer. d) Packing List. e) Certificate of Origin. f) Certificate regarding Agency Commission as incorporated in the Supply order.

g) Certificate by forwarding agent or their authorised Local Load Port Agent certifying that shipment has been arranged in accordance with the instructions of the Ministry of Transport, Department of Surface Transport(Chartering Wing), Govt. of India, New Delhi. h) Fitment of Guarantee Certificate as per supply order. i) Price Certificate as per supply order. j) Any other documents specified in the supply order. The docudments mentioned above from (a) to (j) would have to be presented to our Banker before collection of payment by you. Our Bankers State Bank of India will credit the amount of the Bill to your account with designated Bank as per your advice after receipt of original documents at our end (at our Bankers end). 21. TESTING: In the event of supply order materials are to be supplied duly tested with your own testing facility or through any other national testing house with test certificate as per supply order. NCL, however reserve the right to get the material tested before or after the supply by their inspection wing or by any other testing establishment. 22. INSPECTION: INITIAL INSPECTION: Materials under supply shall beof the best quality and workmanship and shall be in accordance with specification laid down in the supply order. Initial inspection may be done by you at your site. Test Certificate has to be submitted alongwith each consignment. Final inspection by the consignee shall be carried out after receipt of equipment/material at our site. a) NCL also reserves its right to carry out initial inspection at the suppliers' works before despatch by deputing authorised representative. b) NCL also reserves its right to carry out Pre-despatch Inspection by a Third Party including stage inspection and destrictive testing if necessary at your work as per their methodology. Inspection charges as indicated in the supply order will have to be initially paid by the seller , which will be reimbursed by NCL alongwith supply bill(s). In case materials are rejected on first inspection, all charges including Lodging TA, inspection fee etc., for subsequent inspection shall be borne by the supplier. You will provide all facilities to carry out necessary 'Tests' as required. 23. MARKING: The Make/Symbol/Identification mark of the manufacturers(s) and the part no. (if any) must be clearly Embossed/Punched/Engraved on each and every item, as far as practicable, at a visible place, which is not subjected to normal wear and tear, for convenience of identifaction at any time. Apart from this a tag may be attached in each part/item giving identification mark, make, part no, description, year & month of manufacture etc., 24. LOWEST PRICE CERTIFICATE: The bidder should submit a certificate that the prices quoted in the tender are lowest and same as applicable to DGS&D,other Govt department/Undertakings including CIL and its subsidiaries. 25. PAST SUPPLIES: Please furnish the suply details as under for the quoted equipment/spares/stores. Few order copies ( latest) must also to be submitted alongwith this offer.

Supply order No & Date

Brief Description of Items

Qty

Name of Govt Deptts/Undertakings/Organis

1

2

3

ation to whom supplied 4

Copies of performance reports if any against supplies executed may also be enclosed. 26. AFTER SALES SERVICE: a) Supervision of Erection and Commission: (wherever necessary) The supplier shall depute qualified and competent Engineer(S) to supervise the entire assembly, erection and commissioning of equipment free of cost, for required period per machine for erection, commissioning and test running as well as Training in operation and maintenance of the equipment at site. Commissioning shall include testing of the equipment at maximum rating, under the mine operating condition as specified to the satisfaction of the user. In order to give proper service to NCL suitable free accommodation and transport will be provided by our project officer to your servicing staff for initial commissioning and servicing the equipment. The Project Officer will provide all facilities like tools and cranes, semi skilled and unskilled labour generally required for the assembly of such machine at site free of cost during the intial commissioning and service of the equipment. 27. TRAINING:( Wherever necessary) The Supplier shall make available at site experienced trained personnel to conduct training of NCL's operators, technicians and supervisory personnel for minimum period of 7 days per machine from the date of issue of certificate of acceptance of the equipment. The training shall cover the following:

�The machine system and safety �Equipment operation and maintenance �Trouble Shooting, localisation of fault and their remedies covering

a) Electrical and Electronics b) Mechanical c) Hydraulic System d)Air System e)Lubrication system f)Any other item Comprehensive training manuals with clear illustration shall be provided to each participant. Training courses shall be conducted in both English and Hindi languages as required. 28. Follow-up Visit: The supplier shall provide follow-up visit at a site of project officer/senior technical person competent to take decision on the spot to settle any dispute/problems associated with the machine and to render his expert advice to the Project Personnel in operation and maintenance. 29. Spare Parts: Supplier shall ensure the availability of spare for full life time of the quipment. In the event of termination by the supplier of manufacturers of spare parts, the contractor shall: i) Furnish at no cost to the Purchaser, NCL, the drawings and specifications of the spare Part if required:

ii) Give advance notification tothe Purchaser NCL of the pending termination sufficient time to allow procurement of needed requirements; iii) Advice alternate source of supply to the extent possible; and iv) The supplier shall keep adequate/regular stock of spares which are required for maintenance of the equipment so that the same can be supplied on short-time requisition i.e., within a month. 30. JURISDICTION : The Court at Sidhi in the State of Madhya Pradesh only will have the jurisdiction to deal with and decide any legal matters or disputes whatever arising out of this contract. 31. GENERAL INFORMATION:

�Despatch Point: All Stores will be despatched as per destination particulars in Supply Order. �The Destination Transporter godowns are spread over the state of Madhya Pradesh and Uttar Pradesh. Hence the average rate of the frieght upto Destination should be quoted for the purpose of working out the average freight element, name of transport office are indicated below.

S.No Name of Project Nearest Road Transportation Office 1. Jhingurda Singrauli (MP) 2. Gorbi Singrauli (MP) 3. Jayant Singrauli (MP) 4. CWS Jayant Singrauli (MP) 5. Central Store, Jayant Singrauli (MP) 6. Nigahi Singrauli (MP) 7. Amlohri Singrauli (MP) 8. Kakri Anpara/Aurimore (UP) 9. Bina Anpara/Aurimore (UP) 10. Khadia Anpara/Aurimore (UP) 11. Dudhichua Anpara/Aurimore (UP) RATE CONTRACT: Rate Contract is a contract for supply of stores at specified rates during the period covered by the contract. No quantity is normally mentioned in the contract and supplier is bound to accept any order which may be placed on him during pendency of the contract at the rate specified therein. PARALLEL RATE CONTRACT: NCL reserves the right to conclude parallel rate contract with other suppliers. NCL does not guarantee for the quantity to be purchased during the currency of their price agreement. NCL reserves the right to purchase any quantity outside the contract in case of urgent demand arising out at any time during the contract period. SUPPLY POINTS: The successful tenderer/tenderers , is /are expected to execute the order wherever placed against this tender either directly by this office or by the Direct Demanding Officers ( to be specified) in the Rate Contract finalised by this office, directly from their own factories/depots. The location of such supply point must be clearly indicated in the offer. Involvement of middlemen are not allowed. Unsolicited correspondence will not be entertained after the closing date of tender.

NCL reserves its right to allow to the Public Sector Undertakings/Govt dept,Ancilliary to NCL purchase preference & facilities as admissible under the existing Policy/Guidelines laid down by Central/State Govts/Bureau of Public Enterprises at its discretion. Offers which do not contain all the information required in this NIT are liable to be rejected. NCL reserves its right to reject or accept any offers without assigning any reasons thereof. Printed terms and conditions of the Vendor shall not be considered. Tenderers are requested to submit their offer complete in all respects maintaining serial number of items, terms and conditions as per tender documents alongwith all supporting documents failing which offer may not be considered and no further clarification on technical/commercial aspects may be entertained. Firms who are manufacturer must submit their complete and valid NSIC/DGS&D/Registration certificate with the list of items attached/covered with BIS licence /DGMS approval etc., Normally no deviation is acceptable to our tender documents, terms, and offers which are in deviation are liable for rejection without making any back reference to the tenderers. Serial Numbers of the terms and conditions shall be maintained while submitting the offer. Successful tenderer should provide two set of parts catalogue/operation manual on receipt of order i.e., one set immediately to the order placing authority and another set to consignee alongwith the supplies. Northern Coalfields Limited reserves the right to place order in case of successful tenderers as per its own terms and conditions. Tender Documents are not transferable. Tenderers must buy the tender documents in their own name. The tenderer should submit the original copy of NIT duly signed and accepted alongwith their offer. Wherever any term of the "General Terms & Conditions" enclosed with this NIT are not in agreement with the Terms & Conditions given in the NIT, the terms & conditions of the NIT will prevail. Tenderers are requested to go through the complete tender Documents including Technical details and commercial terms and conditions thoroughtly before submitting their offer, IN THE EVENT OF THE TENDERER REMAINING SILENT ON ANY TERMS AND CONDITIONS OF NIT, IT WILL BE PRESUMED THAT THE TENDERER/S HAVE ACCEPTED SUCH TERMS AND CONDITIONS IN THE EVENT OF ANY ORDER ON THEM. 32. A CHECK LIST AS ANNEXURE 'B' IS ATTACHED WITH THIS NIT. THE SAME MUST BE FILLED IN COMPLETELY AND SUBMITTED ALONGWITH THE "OFFER".

Yours faithfully, For & On bealf of Northern Coalfiels Limited

Sr.Purchase Officer/Dy Materials Manager / Materials Manager/ Dy Chief Materials Manager

Encls: i) Requirement of tendered items with specifications- Annexure 'A'. ii) Check List - Annexure 'B'. iii) Printed terms and conditions ( This will form a part of supply order).

ANNEXURE 'B' TENDER NO: _____________________________ DATE:______________ DUE ON : ___________________________

CHECK LIST OF COMMERCIAL TERMS AND CONDITIONS

S.No Item Vendor to Indicate (Please Strikeout the Not Applicable part) 1.(a) Whether Manufacturer/Sole selling Agent/Manufacturer's only Authorised Dealer for NCL -

(For the Tendered Items) (b) Copy of certificate as Manufacturer/Sole Selling Agent/ Yes/No Authorised Dealer for NCL Submitted. 2.(a) Copy of valid NSIC/DGS&D/NCL registration certificate Yes/No for the tendered items enclosed. (b) Security Deposit clause as per NIT accepted Yes/No 3. Copy of valid DGMS and BIS Certificate, CMRS Test Yes/No Report submitted. 4. (a) Payment term as per NIT accepted Yes/No (b) Banker's Name, Address & Account No.indicated in offer. Yes/No 5. Delivery Period quoted as per NIT. Yes/No 6. Validity period as per NIT accepted Yes/No 7. Taxes & Duties quoted giving documents as per the NIT Yes/No 8. Guarantee/Warranty clause as per NIT Accepted Yes/No 9. Inspection Clause accepted as per the NIT Yes/No 10.(a) Firm Price as per NIT accepted Yes/No (b) Prices quoted on FOR Destination basis Yes/No 11. For variable price as per NIT (a) PVC accepted as per NIT Yes/No (b) Ceiling limit of +\-15% as per NIT accepted Yes/No (c) Base date one month prior to date of tender opening given Yes/No (d) PVC formula submitted Yes/No (e) Rates/basis for raw materials submitted as per NIT Yes/No 12. Performance Bank Guarantee wherever Yes/No necessary as per NIT accepted. 13. Price Schedule (without indicating prices) submitted in Yes/No format as per NIT in Techno-commercial Bid. 14. Prices submitted in the desired manner(with break-up) Yes/No in Price Bid in separate sealed cover 15. Lowest Price certificate given as per NIT Yes/No 16. Liquidated Damages clause accepted as per NIT Yes/No 17. Price Fall clause accepted as per NIT Yes/No

18. Force Majeure Clause accepted as per NIT Yes/No 19. Copies of Current supply orders (last 3/4 years) for tendered items form PSU/CIL Subsidary/ Yes/No other major organisation Submitted - 20. Copies of DGS&D R/C submitted whenever required as per NIT Yes/No 21.(a) Original Offer of principal in case of imported items submitted Yes/No (b) Agency Commission applicable in the offer Yes/No 22. Jurisdiction of Court accepted Yes/No Note: (i) Check-list should be properly filled indicating deviation if any, signed by authorised person with seal of company and returned alongwith offer. (ii) All documents submitted are to be self attested duly stamped. A list of documents being submitted shall be prepared and enclosed with the offer.

Date:______________ Signature & Seal of the Vendor

GENERAL TERMS & CONDITIONS OF SUPPLY OF STORES

Definition: 1. In the interpretation of the contract and the general and special conditions governing it, unless the context otherwise requires:

(i) "Contract" means the invitation to tender, instructions to tenderers, acceptance of tender, particulars and the general and special conditions specified in the acceptance of tender and includes a repeat order which has been accepted and acted upon by the contractor. (ii) The term "Supplier" shall mean the person, firm or company with whom the contract is placed and shall be deemed to include the supplier in successors (approved by the Purchaser), representatives, heirs, executors, administrators and permitted assignees as the case may be. (iii) "Contract Price" shall mean the sum accepted or the sum calculated in accordance with the price and / or terms accepted by or on behalf of the purchaser. (iv) The Chairman, means the Chairman of Coal India Limited. The Chairman-cum-Managing Director means Chairman-cum/Managing Director of any of the Subsidiary Companies of Coal India limited, presently Central Coalfields Limited, Eastern Coalfields Limited, Western Coalfields Limited, Bharat Coking Coal Ltd. and Central Mine Planning & Design Institute Limited, South Eastern Coalfields Ltd., Northern Coalfields Ltd., and North Eastern Coalfields. (v) The terms "Drawing" shall mean the drawing the plans specified in or annexed the schedule or specifications. (vi) The terms "Purchase Executive" shall mean the purchaser or purchaser named in the Schedule to Tender, his or their successors or assignees. (vii) The term the "Inspector" shall mean any person nominated by or on behalf of the purchaser to inspect supplies, Stores or work under the contract or his duly authorised agent. (viii) The term "Progress Officer" shall mean any person nominated by or on behalf of the purchaser to visit supplier's works to ascertain the position of deliveries of stores purchased. (ix) The term "Materials" shall mean anything used in the manufacture or fabrication of the stores. (x) The term "Particulars" shall mean the following: (a) Specifications' (b) Drawing; (c) Sealed pattern denoting a pattern scaled and signed by the Inspector (d) Certified or sealed sample denoting a copy of the sealed pattern or sample sealed

by the purchaser for guidance of the Inspector. (e) Trade pattern denoting a standard of the ISI or other standardising authority or

Coal India Ltd. and/ or any of its subsidiary companies or a general standard of the industry and obtainable in the open market.

(f) Proprietory make denoting the product of an individual manufacturers. (g) Any other details governing the construction, manufactures and/ or supply as

existing in the contract. (xi) "Stores" means the goods specified in the supply order or schedule which the contractor has agreed to supply under contract. (xii) The term "Test" shall mean such test or tests as are prescribed by the specification or considered necessary by the Inspector or any agency acting under direction of the Inspector. (xiii) The term "site" shall mean the place or placed named in the "Supply Order" or such other place or places at which any work has to be carried out as may be approved by the purchaser. (xiv) Works denoting the persons shall include any company or association or body of individuals whether incorporated or not.

(xv) "Writing" shall include any manuscript, typewritten or printed statement under or over signature or seal as the case may be. (xvi) "Unit" and "Quality" means the unit and quantity specified in the schedule. (xvii) "Supply order" or "Purchase order" means an order for supply of stores and includes an order for performance.

2. The delivery of stores shall be deemed to take place or delivery of the stores in accordance with the terms of the contract after approval of stores by the Inspector, to:

(i) the consignee at his premises, or (ii) where-so provided the interim consignee at this premises, or (iii) a carrier or other persons named in the contract an interim consignee for the purpose of transmission tot he consignee. (iv) The consignee at the destination station in case of contracts stipulated for delivery stores at destination station.

3. Words in the singular include the plural and vice-versa. 4. Words denoting the masculine gender shall be taken to include the famine gender and work persons, shall include any company or association or body of individuals, whether incorporated or not. 5. Terms and expressions not herein defined shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930 or the Indian Contract, 1872 or the General Clauses Act, 1897 and as amended in respect of all the Acts, as the case may be. 6. (a) Parties. The parties to the contract are the supplier and the purchaser named in the schedule or

any other specifically mentioned in the contract. (b) Address to which communication are to be sent: For all purposes of the contract, including arbitration thereunder, the address of the

supplier mentioned in the tender shall be the address to which all communications addressed to the supplier shall be sent, unless the supplier has notified a change by a separate letter containing no other communication and sent by registered post acknowledgement due to the head of the office placing the supply order. The supplier shall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid.

Any communication or notice on behalf of the purchaser in relation to the contract may be issued to the supplier by Purchase Executive and all such communications and notices may be served on the supplier either by registered post or under certificate of posting or by ordinary post or by hand delivery at the option of such executive.

7. (i) The price quoted shall be either FOR place or Railway Stations of despatch, FOR

Destination, Delivery free to the consignee, FOB or CIF as specified in the invitation to tender. All offers from countries other than Purchaser's country shall quote on FOB and CIF basis. (ii) In all cases the prices quoted must be net per unit shown in the enquiry and must include all packing and delivery where applicable. Refunds on account of returnable packages (if any) are to be separately specified. The price should shown separately the Foreign Exchange Element and the Rupee Element for stores to be imported. Sales Tax shall be shown separately and whether it is State Sales Tax or Central Sales Tax. If no mention is made about Sales Tax, it will be assumed to be included in the price quoted. The prices should be included of excise, or excise duty should be separately mentioned. In case where price is quoted inclusive of excise duty, the rate of quantum of the same should be separately indicated. In case of contracts providing for free delivery to the consignee octroi charges shall be included where leviable. (iii) The price must be stated separately for each item on unit basis.

(iv) When quotations are made for units other than those specified in the enquiry, the relationships should stated. (v) The prices quoted must be firm and the offers made must remain open for at least 180 days months from the date of submitting quotations unless otherwise specified. (vi) Tender must invariably be submitted alongwith illustrated literature giving complete and detailed specification, particulars etc. of the main unit and of the standard accessories to be supplied with the stores. (vii) The tenderers must clearly specify their recommended spare parts that will be supplied alongwith the main unit and itemwise prices of the spare parts, also what are fast moving; medium moving; slow moving and insurance spares and the period upto which they are likely to last. (viii) Printed terms and conditions of the tendering firms shall not be considered as forming part of their tender. In case the terms and conditions of contract applicable to this invitation to tender are not acceptable to the tendering firms, they should clearly specify deviations therefrom in their tender. (ix) Typed quotations should be submitted. Those containing erasures and over-writings are liable to be rejected. Any corrections made in the tenders must be initialled by the tenderers, failing which their tenders will not be considered. (x) Insurance arrangement will be made as per instructions being issued from time to time by the Materials Management Division of Coal India Limited and / or its subsidiary companies.

8. (i) Samples of each item, if considered necessary, should be submitted simultaneously by the

contractor for inspection by Inspector / Inspectors unless the articles under tender are of considerable bulk, in which case separate arrangement will be made for inspection of the articles offered while considering the quotations. (ii) All samples required for inspection or test shall be supplied by the successful tenderers free of cost. (iii) All samples must be clearly labelled with the tenderer's name, this offer enquiry number and the last date of opening of tender.

9. (a) Subletting and Assignment The supplier shall not save with the previous consent in writing of the purchaser, sublet,

transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof in any manner whatsoever. Provided nevertheless that any such consent shall not relieve the supplier from any obligation, duty or responsibility under the contract.

(b) Change in a Firm (i) Where the supplier is a partnership firm a new partner shall not be introduced in the firm except with the previous consent in writing of the purchaser (which may be granted only as an exception) of a written undertaking by the new partner to perform the contract and accept all liabilities incurred by the firm under the contract prior to the date of such undertaking. (ii) On the death or retirement of any partner of the supplier firm before complete performance of the contract the purchaser may at his option cancel the contract in such case the supplier shall have no claim whatsoever to compensation against the purchaser. (iii) If the contract is not determined as provided in the sub-clause (ii) above notwithstanding the retirement of a partner from the firm, he shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by him under Section 32 of the Partnership Act has been sent by him to the purchaser by registered post acknowledgement due.

10. (a) Consequence of Breach Should the supplier or a partner in the supplier firm commit breach of either of the

conditions (a) or (b)(i) of this sub-clause, it shall be lawful of the purchaser to cancel the

contract and purchase or authorise the purchaser of the stores all the risk and cost of the supplier and in that event the provisions of clause 20 shall as far as applicable shall apply. (b) The decision of Coal India Ltd. and / or its subsidiary companies as to any matter or thing concerning or arising out of this subclause or any question whether the supplier or any partner of the supplier firm has committed a breach of any of the conditions in this sub-clause contained shall be final and binding on the supplier.

11. Use of raw materials secured with Government assistance.

(a) Where any raw material for the execution of the contract is procured with the assistance of Coal India Limited and/ or its subsidiary companies by purchase or under arrangement made or permit, licence, quota certificate or release order issued by or on behalf of or under authority or by any officer empowered in that behalf by law, or is issued from government stock and where advance payments are made to the supplier to enable him to purchase such raw materials for the execution of the contract, the supplier.

(i) shall hold such material as trustee or Coal India Limited and / or its subsidiary companies. (ii) shall use such material economically and solely for the purpose of the contract (iii) shall not dispose of the same without the previous permission in writing of the purchaser; and (iv) shall tender due account of such material and return to the purchaser at such place as the purchaser may direct all surplus or unserviceable material that may be left after the completion of the contract or its termination for any reason whatsoever. On returning such material, the supplier shall be entitled to such price thereof as the purchaser may fix having regarding the condition of such material.

(b) Where the contract is terminated due to any default on the part of the supplier, the supplier shall pay all transport charges incurred for returning any material upto such destination as may be determined by Coal India Ltd. and/or its subsidiary companies whose decision shall be final. (c) If the supplier commits breach of any of the conditions in this clause specified, he shall, without prejudice to any other liability, penal or otherwise, be liable to account to Coal India Limited and/or its subsidiary companies all moneys, advantages of profits accruing from or which in the usual course would have accrued to him by reasons of such breach. (d) Where the stores manufactured or fabricated by the supplier out of the materials arranged or procured by or on behalf of Coal India Limited and/or its subsidiary companies, are rejected the supplier shall, without prejudice to any other right or remedy of the Government, pay to the Government on demand the cost price or market value of all such materials whichever is greater.

12. The tenderers in case of imported items, shall clearly mention in the quotation that in the event of the supply order being placed with them, they shall arrange for supply within a reasonable period of all necessary maintenance tools and spares parts that may be required from time to time during the normal life of the machines, on a continuous basis and at a price not in excess of the landed cost at their premises plus a stated percentage differential (such a differential should be indicated) and proper servicing of the main unit supplied by them as and when required. In case there is a Rate Contract with the DGS&D supply be made at the RC rates. 13. The tenderers shall give a warranty of satisfactory performance of the unit offered by them for a period of 12 months from the date of commissioning or 18 months from the date of receipt and acceptance by Coal India Ltd and/or its Subsidiary Companies. The supplier shall be responsible for any defects that they develop under the conditions provided for by the contract and under proper use, arising from faulty materials, design or workmanship and shall remedy such defects at his own cost when called upon to do so. If it becomes necessary for the supplier to replace on renew and defective portion of the goods, such

replacement or renewal should be made by the supplier without any extra cost to Coal India Limited and/or its subsidiary company. 14. For orders placed directly on overseas suppliers, the tenderers should separately be indicated whether their prices quoted include any commission for the manufacturer's agents in India and the amount of remuneration for the agent included in the quoted price Price shall include a) the service that will be rendered by them as manufacturer's agent. b) the name and address of agents, if any, in India, and

c) the agency commission or remuneration or freight in case FOR prices are accepted will be paid in rupees in India.

15. On acceptance of the tender, a formal acceptance of tender or supply order will invariably be issued. Advance intimation in writing of acceptance of the tender will be given whenever considered necessary by the said authority. In case an advance intimation has been given, the formal acceptance of tender of supply order shall follow in due course, but immediate action towards execution of supply order shall be taken on receipt of the advance intimation. 16. EARNEST MONEY / SECURITY MONEY:

a) Earnest Money as stipulated shall have to be submitted with the tender. EMD should be in the form of Demand Draft and must accompany in the quotation i.e. Cover-1 of the bid. For unsuccessful tenderer EMD shall be refunded immediately after finalisation of the tender. EMD shall be forfeited if any tenderer withdraw their offer before finalisation of the tender or fails to submit order acceptance within 15 days from the date of order. b) Security Deposit will have to be deposited by successful tenderer. Two weeks time (15 days) shall be allowed to the successful tenderer to furnish the security deposit from the date of issue of supply order . In case the firm fails to deposit the security money, the order shall be cancelled and the case shall be processed to order elsewhere and the firm's performance is to be kept recorded for future dealing with them. The value of Security Money to be deposited by the successful tenderer in the form of Bank Draft shall be 10% of the value of the awarded contract without having any ceiling. For successful tenderer, EMD shall be converted to Security Money which will be refunded to the firm within 30 days of satisfactory execution of the contract .For unsatisfactory performance and/or contractual failure, the security money shall be forfeited.

c) For procurement value less than Rs 1,00,000/-, no earnest monety/security deposit will be required.

d) If any State/Central Govt. Organisation / PSU & valid DGS&D/NSIC registered (for the tendered items) firm can produce documentary evidence issued by Govt. Authorities for according exemption towards submission of EMD / SD, they may be considered for exemption from submission of EMD/ Security Deposit.

17. Inspection and Rejection Generally the stores shall be of the best quality and workmanship and comply with the contract or supply order in all respect. The stores supplied shall be in accordance with specification unless and deviation is authorized and specified in the contract or supply order or any amendment thereto.

a) Facilities for Test and Examination: The supplier shall, at his own expenses, afford to the Inspector all reasonable facilities and such accommodation as may be necessary for satisfying itself, that the stores are being and/or have been manufactured in accordance with particulars. The inspector shall have full and free access at any time during the execution of the contract to the suppliers work for the purpose aforesaid, and he may

require the supplier to make arrangements for inspection of the stores or any part thereof or any material at his premises or at any other places specified by the Inspector and if the supplier has been permitted to employ the services of the sub-supplier, he shall in his contract with the sub-supplier reserve to the inspector a similar right.

b) Cost of Test: The supplier shall provide without any extra charge, all materials, tools, labour and assistance of every kind which the inspector may demand from him for any test, and examination, other than special or independent test, which he shall require to be made on the supplier’s premises and the supplier shall bear and pay all costs attendant thereon. If the supplier fails to comply with the conditions aforesaid, the Inspector shall in consultation with the purchaser, be entitled to remove for test and examinations all or any of the stores manufactured by the supplier to any premises other than his (suppliers) and in all such cases the supplier bear the cost of transport and/or carrying out such tests elsewhere. A certificate in writing of the Inspector, that the supplier has failed to provide the facilities and the means, for test and examination shall be final.

c) Delivery of Stores for Test: The supplier shall also provide and deliver the test free of charge, at such place other than his premises as the Inspector may specify, such materials or stores as he may require.

d) Liability for Costs of Laboratory Test: In the event of rejection of stores or any part thereof by the Inspector in consequence of the sample thereof, which removed to the laboratory or other place of test, being found on test to be not in conformity with the contract or in the event of the failure of the supplier for any reason to deliver the stores passed on test within the stipulated period, the supplier shall, on demand pay to the purchaser all costs incurred in the Inspection and/or test cost of the test shall be assessed at the rate charged by the laboratory to provide persons for similar work. e) Method of Testing: The Inspector shall have the right to put all the stores or materials forming part of the same or any part thereof to such tests as he may think fit and proper. The supplier shall not be entitled to object on any ground whatsoever to the method of testing adopted by the Inspection. f) Stores Expended in Test: Unless otherwise provided for in the contract, all stores / materials expended in test will be to supplier's account.

g) Inspector-Final Authority and to Certify Performance i) The Inspector shall have the power:

Before any stores or part thereof are submitted for inspection to certify that they can not be in accordance with the contract owing to the adoption of any unsatisfactory method or manufacturer: ii) To reject any stores submitted as not being in accordance with the particulars. iii) To reject the whole of the instalment tendered for inspection, if after inspections of such portion thereof as he may be in his discretion think fit, he satisfied that the same is unsatisfactory; and iv) to mark the rejected stores with a rejection mark so that they may be easily identified if re-submitted.

h) Consequence of Rejection: If on the stores being rejected by the Inspector or consignee at the destination, the supplier fails to make satisfactory supplies within the stipulated period of delivery, the purchaser shall be at liberty to:

i) Allow the supplier to resubmit the stores in replacement of those rejected, within a specified time, the supplier bearing the cost of freight, if any, on such replacement without being entitled to any extra payment on that account; or ii) Purchase or authorise the purchase of quantity of the stores rejected or so others of a similar description (when stores exactly complying with particulars opinion of the purchase executives which shall be final, readily available) without notice to the supplier's liability as regards the supply of any further instalment due under the contract; or

iii) Cancel the contract and purchase or authorise the purchase of the stores or others of a similar description (when stores exactly complying with particulars are not in the opinion of the purchaser, which shall be final, readily available) at the risk and cost of the supplier. In the event of action being taken under sub-clause (ii) above or this sub-clause in the provisions of clause 20 shall apply as far as applicable.

i) Inspectors' Decision as to Rejection Final: The Inspector's decision as regards the rejection shall be final and binding on the supplier j) Where under a contract, the price payable is fixed on FOR station of despatch basis, the supplier shall, if the stores are rejected at destination by the consignee be liable in addition to other liabilities to reimburse to the purchaser the freight paid by the purchaser. k) Notification of Result of Inspection: Unless otherwise provided in the specification or schedule, the examination of the stores will be made as soon as practicable after the same have been submitted for inspection and the result of the examination will be notified to the supplier. l) Marking of Stores: The supplier shall, if so required, at his own expense mark or permit the Inspectors to mark all the approved stores with a recognised Government or purchaser's mark. The stores which can not be so marked shall, if so required by the Inspector, be packed in suitable package or cases each of which shall be sealed and marked with such mark.

m) Removal of Rejection: i) Any stores submitted for inspection at a place other than the premises of the

supplier and rejected shall be removed by the supplier subject as hereinafter provided within 14 days of the date of receipt of intimation of such rejection. If it is proved that letter containing such intimation is addressed and posted to him at the address mentioned in the schedule, it will be deemed to have been served on the supplier at the time when such letter would in the course of ordinary post reach the supplier. It shall be competent for the Inspector to call upon the supplier to remove what he considers to be dangerous, infected or perishable stores within 48 hours of the receipt of such intimation. ii) Such rejected stores shall under all circumstances lie at the risk of the supplier from the moment of such rejection and if such stores are not removed by the supplier within the period aforementioned, the Inspector / Purchaser may either return the same to the supplier at his risk and cost a public tariff rate by such mode of transport as the purchaser or Inspector may select, or dispose of such stores at the supplier's risk on his account and retain in such portion of the proceeds as may be necessary to cover any expense incurred in connection with such disposal. The purchaser shall also be entitled to recover handling and storage charges for the period during which the rejected stores are not removed.

n) Inspection Notes On the stores being found acceptable by the Inspector, he shall furnish the supplier with necessary copies of Inspection notes duly completed, for being attached to the supplier's bill in support thereof.

18. Packing and Transport

(a) It shall be the responsibility of the successful tenderers to arrange for the stores being sufficiently and properly packed for transport by Rail, Road or Sea as the case may be so as to their being free from loss or injury on arrival at destination. The packing of the stores shall be done at the expense of the successful tenderer. (b) The successful tenderer is responsible for obtaining a clear receipt from the transport authorities specifying the goods dispatched. He will not book any consignment on a "said to contain' basis. If he does so, he does it on his own responsibility. Coal India Limited and/or its subsidiary company shall pay for only such stores as are actually received by them in accordance with the contract.

(c) all packing cases, containers, packing and other similar materials shall be supplied free by the successful tenderer and shall not be returned unless otherwise specified in the contract / supply order. (d) Packages must be so marked that identification is made easy. Packages will be stamped with identification marks both outside the packages as well as on the contents inside. Packages containing articles liable to be broken by rough handling like glass or machinery made of cast iron will be marked with cautionary works like 'Fragile', 'Handle with care'. Weight of each packages will be marked on the package.

(e) A complete list of contents in each package called the packing list will be prepared and one copy will be packed in the package itself and another copy will be forwarded to the consignee, in advance.

19. Delivery: The time for and the date of delivery of the stores stipulated in the 'Purchase Order' shall be deemed to be of the essence of the contract and delivery of the stores must be completed by the date specified. 20. In the event of failure to delivery or despatch the stores within the stipulated date / period in accordance with the samples and/or specifications mentioned in the supply order and the in the event of breach of any of the terms and conditions mentioned in the supply order, Coal India Ltd. and its Subsidiary companies should have the right:

a) To recover from the successful tenderer as agreed liquidated damages, a sum not less than 0.5% (half percent) of the price of any stores which the successful tenderer has not been able to supply as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to 10%. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the Materials Management Division. b) To purchase elsewhere, after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without cancelling the supply order in respect of the consignment not yet due for supply or - c) To cancel the supply order or a portion thereof, and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also d) To extend the period of delivery with or without penalty as may be considered fit and proper, the penalty, if imposed shall not be more than the agreed Liquidated Damages referred to in clause (a) above. e) To forfeit the security deposit full or in part. f) Whenever under this contract a sum of money is recoverable from and payable by the supplier, Coal India limited and its subsidiary companies shall be entitled to recover such sum by appropriating, in part or in whole by deducting any sum or which at any time thereafter may become due to the successful tenderer in this or any other contract should this sum be not sufficient to cover the full amount recoverable, the successful tenderer shall pay Coal India Limited and its subsidiary companies on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase.

21. If the execution of the contract / supply order is delayed beyond the period stipulated in the contract / supply order as a result of outbreak of hostilities, declaration of an embargo or blockage, or fire, flood, acts of nature or any other contingency beyond the supplier's control due to act of God then Coal India Ltd. or its subsidiary companies may allow such additional time by extending the delivery period, as it considers to be justified by the circumstances of the case and its decision shall be final. If and when additional time is granted by the Coal India limited and its subsidiary companies, the contract / supply order shall be read and understood as if it had contained from its inception the delivery date as extended.

22. The supplier shall allow reasonable facilities and free access to his works and records to the Inspector, Progress Officer or such other Officer nominated for the purpose. Inspector of stores, i.e. supplies made by the successful tenderer against the supply order mentioned at (15) above, shall be carried out by the Inspector / Consignee at the colliery site / stores or by the Inspecting Wing (inclusive of all its branch offices) of the DGS&D, New Delhi or any other agency as may be specified in the supply order. Where necessary, inspection may be carried out at the supplier's premises. 23. Coal India Ltd. and/or its subsidiary companies do not bind itself to accept the lowest or any tender and reserves to itself the right of accepting the whole or any part of the tender or portion of the quantity offered and the tenderer shall supply the same at the rate quoted. 24. The supplier shall at all times indemnify Coal India Limited and its subsidiary companies against all claims which may be made in respect of the supplies for infringement of any right protected by patent, Registration of Design or Trade Mark, provided that in the event of any claim in respect of alleged breach of Letter Patent, Registered Design or Trade Mark being made against Coal India Ltd. and/or its subsidiary companies, the said authority shall notify the supplier of the same and the supplier shall be at liberty at his own expense to settle any dispute or to conduct any litigation that may rise therefrom. 25. Carrying Vessels for Imported Items In case of machinery imported from abroad, it is preferable that shipment should be affected in Indian Vessels, wherever possible. Supplies will however not be delayed on this account. 26. Freight The stores shall be dispatched at public tariff rates in the case of FOR station of dispatch contract and the stores shall be booked at full wagon rates whenever available and by the most economical route or by the most economical tariff available at the time of despatch as the case may be. Failure to do so will render the supplier liable for any avoidable expenditure causes to the purchaser. Where alternative routes exist, Coal India limited / and or its subsidiary companies shall, if called upon also to do indicate the most economical route available or name the authority whose advice in the matter should be taken and acted upon. If any advice of any such authority is sought, his decision or advice in the matter shall be final and binding on the supplier. 27. Passing of Property Property in the stores shall not pass to the purchaser unless and until the stores have been delivered to the consignee or interim consignee as the case may be in terms of the contract. 28. Laws Governing the Contract

a) This contract shall be governed by the Laws of India for the time being in force. b) Irrespective of the place of delivery; the place of performance of place of payment under the contract, the contract shall be deemed to have been made at the place from which the acceptance of tender or supply order has been issued. c) Jurisdiction of courts. The courts of the place from the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract. d) Marking of Stores The marking of the stores must comply with the requirements of the law relating to Marchandise Marks for the time being inforce in India

29. Corrupt Practices

a) The supplier shall not offer or give or agree to give to any person in the employment of the purchaser or working under the orders of Coal India Ltd. and / or its subsidiary companies any gift or consideration of any kind as an inducement or reward for going or forbearing to do or for having done or forborne to do any act relating to the obtaining or execution of the contract or any other contract with the purchaser or for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the purchaser. Any breach of the aforesaid condition

by the supplier or any one employed by him or acting on his behalf (whether with or without the knowledge or the supplier) or the Commission of any offence by the supplier or by any one employed by him or acting on behalf under Chapter IX of the India Penal Code, 1860 or the Prevention of Corruption Act, 1947 and any amendments thereto or any other Act enacted for the prevention of corruption by Public Servants shall entitle Coal India Limited and or its subsidiary companies to cancel the contract and all or any other contract with the supplier and to recover from the supplier the amount of any loss arising from such cancellation in accordance with the provisions of Clause 20. b) Any dispute or different in respect of either the interpretation effect or application of the above condition or of the amount recoverable, there-under by the purchaser from the supplier shall be decided by Coal India Limited and its subsidiary companies whose decision thereon shall be final and binding on the supplier.

30. Insolvency and Breach of Contract

a) Coal India Limited and/or its subsidiary companies may at any time by notice in writing, summarily determine the contract without compensation to the supplier in any of the following event, that is to say: If the supplier being an individual or if a firm any partner thereof, shall at any time be adjusted insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under any Insolvency; Act for the time being in force or make any conveyance or assignment of his effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act. b) If the supplier being a company is would up voluntarily by the order of a court or a Receiver, Liquidator Manager on behalf of the Debenture-Holders is appointed or circumstances shall have arisen which entitles the court or Debenture-Holders to appoint a Receiver, Liquidator or Manager. c) If the supplier commits any breach of the contract not herein specifically provided for. Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also the supplier shall be liable to pay to the purchaser for any extra expenditure he is thereby put to and the supplier shall under no circumstances be entitled to any gain or repurchase.

31. Terms of Payment

a) For all stores, 100% payment should be made on receipt of the consignment at site and acceptance by the consignee as per actual payment term stipulated in the contract. The number and date of Railway receipt, Bill of Lading, Air Way Bill or Consignment Note under which the goods charged for in the bill are dispatched by Railway, Ship, Air or Road respectively, and the number and date of the letter with which such Railway Receipt, Bill of Lading, Air Way Bill or Consignment Note is forwarded to the consignee should be quoted on the bill. In the case of stores dispatched by post, the postal receipt should be attached in original to the bill and its number and date quoted therein. b) Payment against the supply orders placed either by the Subsidiary company or by CIL shall be arranged by the Subsidiary Companies, if not specified otherwise. Wherever order is placed by CIL on any foreign supplier involving requirement of more than one Subsidiary Co., payment shall be arranged by CIL normally through Letter of Credit. c) Payment for Agency Commission, if any, involved, may be considered in case of necessity, subject to compliance of the Government of India Guidelines issued from time to time. The name of the Indian Agent with their full address and the quantum of

Agency Commission, if any, payable, shall have to be mentioned in the supply order itself. d) Payment from CIL may also be considered, if felt necessary, by the CIL management, even though order is placed against the requirement of one subsidiary company by CIL. e) Specific payment term may be formulated in accordance with the provisions laid down (as applicable) at Chapter - IX of the Purchase Manual.

32. Progress Reports

a) The supplier shall from time to time render such reports concerning the progress of the contract and/or supply of the stores in such form as may be required.

b) The submission, receipt and acceptance of such reports shall not prejudice the right of the purchaser under the contract, nor shall operate as an estonnel against the purchaser merely by reason of the fact that he has not taken notice or objected to any information contained in such report.

33. All disputes arising out of this contract shall be under the jurisdiction of Sidhi Court only and as per the "law of the land"

Materials Manager (P) & Conditions mentioned above with any other document in the NIT, the conditions of the Special Terms & Conditions (Commercial) shall prevail.

(H.Varman) Materials Manager