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नॉदनकोलफी ् सिलिमटे ड Northern Coalfields Limited

(िमिनर कंपनी) (A Mini Ratna Company)
(कोल इ यािलिमटे ड की अनु षंगी कंपनी) (A subsidiary of Coal India Limited)
Office of the General Manager,Nigahi Project
उ नन िवभाग/Excavation Department

CIN- U10102MP1985GOI003160
An ISO: 9001, ISO: 14001 & OHSAS: 18001 Certified Company
िजला- िसगंरौली,म. ., िपन 486884/ Post- Nigahi Project, Distt- Singrauli, M.P. PIN-486884
Phone: 07805- 276040, (FAX) 276306 email: [email protected] : www.nclcil.in

E-mail –[email protected] Phone: 07805-276040

Website – www.coalindiatenders.nic.in Fax : 07805-276306
E-TENDER NOTICE FOR WORKS CONTRACT (OPEN TENDER) FOR CRITICAL JOBS OF
EXCAVATION DEPARTMENT
(For Estimated Cost Value below Rs 50 lacs)
NIT No: NGH/EXCV/TENDERS/24-25/201 Dated: 20.03.2025
1. Tenders are invited on-line under single cover system on the website
https://coalindiatenders.nic.in from the eligible bidders having Digital Signature Certificate
(DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of
India and which can be traced up to the chain of trust to the Root Certificate of CCA, for the
following work:

Estimated Cost of Earnest Period of

Description of work Location
Work (Incl. GST) Money Completion (in
days)
(In Rs.) (In Rs.)

Dismantling, Repairing &

fitment of Radiator bottom Nigahi
tank, radiator mounting
vertical beam and plate, Project
water cooling tubes and Rs. 58,768.00 Rs. 800.00 07 days
engine guard for CAT789D NCL
190T dumper sl. No. CAT-
865 at NWS, Nigahi Project
NOTE: For Site visit of location of work, the prospective bidder(s) may contact: Sri Manoj Kumar
Srivastava , Contact no. 9406963640 (M)

Scope of Work/Technical Specifications: AS PER THE BOQ.

Work to be carried out in both shifts.

LABOUR PAYMENT THROUGH “CLIP” PORTAL IS TO BE ENSURED BY THE BIDDER.

e- Procurement Help desk- 0120-4001 002, 0120-4200 462, 0120-4001 005, 0120-6277 787.

All the tenders issued by CIL and its Subsidiaries for procurement of Goods, Works and Services are
available on website of Coal India Ltd. www.coalindia.in, respective subsidiary Company, CIL e-
Procurement portal https://coalindiatenders.nic.in and Central Public Procurement Portal
https://eprocure.gov.in. In addition, procurement is also done through GeM portal https://gem.gov.in.”
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Tender Inviting authority Contact Person(s)/Tender Dealing Officer(s)
GM (Excv), Nigahi Area, NCL Sri Rahul Ranjan
Contact No. 9407039856 (M) Contact no.9406963498(M)
For any Issues or Clarifications relating to the published tenders bidders are requested to
contact the respective Tender Inviting Authority. For any portal related issues, e- Procurement
Help desk may be contacted. Contact details are available on www.coalindiatenders.nic.in.

2. Time Schedule of Tender:

Sl. No. Particulars Date Time

a. Tender e-Publication date 21.03.2025 06:55 PM

b. Document download start date 21.03.2025 06:55 PM
c. Document download end date 07.04.2025 11:00 AM
d. Start date for seeking Clarification on-line 21.03.2025 06:55 PM
e. Last date for seeking Clarification on-line 26.03.2025 11:00 AM
f Date of pre-bid meeting (if applicable) NA NA
g. Bid Submission start date 22.03.2025 09:30 AM
h. Bid submission end date (Original) 07.04.2025 11:00 AM
i. Bid opening date 08.04.2025 11:00 AM

Note: The auto extension of submission of bid shall be applicable as per details mentioned in clause
No.14 of NIT.
Full details of Tender are available on websites “nclcil.in” or “eprocure.gov.in” or website
https://coalindiatenders.gov.in

General Manager (Excv)

Nigahi Area
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3. Earnest Money Deposit(EMD):

The bidder will have to make the payment of EMD through ONLINE mode only.
3.1 In Online mode the bidder can make payment of EMD either through NET-BANKING from
designated Bank(s) or through NEFT/RTGS from any scheduled Bank(s).
NET-BANKING: In case of payment through net-banking the money will be immediately transferred
to CIL/ Subsidiary’s designated Account.
NEFT/RTGS: In case of payment through NEFT/RTGS from any scheduled bank(s), the bidder will
have to make payment as per the Challan(s) generated by system on e-Procurement portal. The
payment of EMD through NEFT/RTGS mode should be made well ahead of time to ensure that the
EMD amount is transferred to CIL/ Subsidiary account before submission of bid.
3.1.1 The Bidder will be allowed to submit his/her/their bid only when the EMD is successfully
received in CIL/ Subsidiary’s designated account and the information flows from Bank to e-
Procurement system.
3.1.2 In online payment of EMD, if the payment is made by the bidder within the last date and time
of bid submission but not received by CIL/ Subsidiary within the specified period due to any reason(s)
whatsoever then the bid will not be accepted. However, the EMD will be refunded back to the
bidder.
3.1.3 Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by
Department of Micro, Small and Medium Enterprises (MSME) will be exempt from the payment of
earnest money (applicable only for Services tenders). In case of exemption of EMD, the scanned
copy of document (attested by notary public) in support of exemption will have to be uploaded by
the bidder during bid submission. However, this option is to be enabled only in those cases where
the exemption of EMD to some bidders is allowed as per NIT.

3.2 If the L-1 bidder defaults in satisfying Techno-commercial criteria, full EMD will be forfeited.
4. Pre-bid Meeting:
The pre-bid meeting if applicable shall be held in the office of Tender Inviting Authority, on the
scheduled date & time, if specified in the NIT. The purpose of the pre-bid meeting is to clarify the
issues and to answer the questions on any matter that may be raised at that stage. Non-attendance
at the pre-bid meeting will not be a cause for disqualification of bidder and it shall be presumed that
the bidder does not require any clarification. The management shall circulate proceedings of the
pre-bid meeting, if held.
5. Clarification of Bid:

The bidder may seek clarification on-line within the specified period. However, the management will
clarify as far as possible to the relevant queries.

6. User Portal Agreement:

The bidders have to accept the on-line user portal agreement which contains the acceptance of all
the Terms and Conditions of NIT and tender document, undertakings, the letter of bid and the e-
Procurement system through https://coalindiatenders.nic.in in order to become an eligible bidder.
This will be a part of the agreement.

7. Eligible Bidders:

The invitation for bid is open to all bidders including an individual, proprietorship firm, partnership
firm, company, having eligibility to participate as per eligibility criteria stipulated in clause No.8 of NIT
and having Digital Signature Certificate (DSC) issued from any agency authorized by Controller of
Certifying Authority (CCA), Govt. of India and which can be traced up to the chain of trust to the Root
Certificate of CCA. Joint Venture is not allowed to participate in the tender.
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8. Eligibility Criteria:
A. Work Experience:

The Intending bidder must have in its name or proportionate share as a member of Joint
Venture/Partnership firm experience of having successfully completed similar works, during last
7(seven) years ending last day of month previous to the one in which bid applications are invited (i.e.
eligibility period) should be any of the following :-

Three similar completed works each costing not less than the amount equal to 40% of the estimated
cost put to tender.

Or

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

Or

One similar completed work costing not less than the amount equal to 80% of the estimated cost
put to tender.

The definition of similar work shall be as follows:

Similar nature of work shall include: “Firm should have experience of Repairing of
Radiator Assembly OR Oil Cooler assembly OR Heat Exchanger of any LV OR HEMM”

Experience for those works only shall be considered for evaluation purposes, which match eligibility
requirement stipulated above, on or before the last day of month previous to one in which tender
has been invited (publication date of NIT). The experience of incomplete/ongoing works as on last
date of eligibility period will not be considered for evaluation. If the referred work includes
construction/ Erection & commissioning/Installation as well as maintenance and/ or operation after
construction/ Erection & Commissioning/ Intallation, the experience of such work may be
considered as ‘acceptable’ if the construction/Erection & Commissioning/Installation part is
completed as on the last date of ‘eligibility period’, even if maintenance work is ongoing, and the
certificate issued clearly stipulates the same.

In all the above cases, while considering the value of completed works, the full value of completed
work be considered whether or not the date of commencement is within the said 7(seven) years
period.

The date of completion of work should be during last 7(seven) years ending last day of month
previous to the one in which bid applications are invited.

Cost of previous completed works shall be given a simple weightage of 7% per year to bring them at current price level,
while evaluating the qualification requirement of the bidder. Such weightage shall be considered after end date of
completion. Updating will be considered for full or part of the year (total no. of days / 365) i.e. considering 365 days
in a year, till the last day of month previous to one in which bid has been invited.
Note: Till the time of changes in the e-procurement portal regarding weightage from 5% to 7% is configured in the portal, the
5% weightage shall be considered for work experience for floating of tender.
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Joint Venture shall be allowed for participation in the bid with estimated cost above Rs. 2.0 Crores.

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

The qualifying criteria parameter e.g. experience of the individual partners of the J.V will be as
deliberated hereinafter towards fulfillment of qualification criteria related to experience.
a) In case of completion of single work of similar nature costing, not less than the amount equal to
80% of the estimated cost put to tender: -
Any of the JV partner shall have the experience of having completed successfully a single work of
similar nature equal to 80% of the estimated cost put to tender.
Or
b) In case of completion of two works of similar nature each costing not less than the amount equal
to 50% of the estimated cost put to tender: -
i) Any one partner can match the above requirement.
Or
ii) At least two partners should each have completed at least one work of similar nature each costing
not less than the amount equal to 50% of the estimated cost put to tender.
Or
c) In case of completion of three works of similar nature, each costing not less than the amount
equal 40% of the estimated cost put to tender: -
i) Any one partner can match the above requirement.
Or
ii) Any two partners shall match the above requirement through completion of at least two work by
one partner and one work by other partner of similar nature each costing not less than the amount
equal 40% of the estimated cost put to tender: -
Or
iii) All the three partners shall match the above requirement through completion of at least one
work of similar nature each costing not less than the amount equal 40% of the estimated cost put to
tender.

If a Bidder participates as a Joint Venture (JV), the benefits as per Public Procurement Policy for
MSEs Order-2012 shall not be applicable for them.
However, the participating share of JV partners shall be as below: :-
i) Lead Partner shall have at least 50% participating share in JV
ii) Other partner(s) shall have at least 20% participating share in JV.

Data to be furnished by the Bidders:

i. Description of qualifying experience (Similar nature)
ii. Work order Number /Agreement Number of each experience
iii. Name & address of Employer/Work Order Issuing authority of each experience
iv. Percentage (%) share of each experience (In case the experience has been earned by the Bidder as a
partner in a Joint Venture firm/Partnership firm then the proportionate value of experience in proportion to
actual share of Bidder in that Joint Venture firm/ Partnership firm will be considered against eligibility else it
shall be taken as 100%).
v. Executed Value of work against each experience
vi. Start date & end date of each qualifying experience (similar nature)

Note:-
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a. In case the Bidder is a Joint Venture, work experience as above may be furnished as the work
experience of the Bidder.

b. Confirmation in the form of Yes/No regarding submission of similar work experience as defined in
the NIT.

Technical evaluation by the System:

i. The system shall calculate the period of 7 years backwards starting from the last day of month
previous to the e-Publication date of NIT.
ii. The system shall check the End date of each experience (The system shall not allow more than 3
entries for experience) and accept it as a qualifying experience if the end date of experience falls within
the 7 years computed by the system.
iii. The system shall calculate the value of each qualifying experience by multiplying the value with the %
share of experience and adding 7% for each completed year (total No. of days/365) after the end date of
experience of work till the last date of month previous to one in which the NIT has been published on e-
Procurement portal.
iv. The system shall check the experience with highest value whether it exceeds 80% of ECV. In case it
does not, it shall check the top 2 experiences whether each of them is greater than 50% of ECV. In case,
it still does not, the system shall check all 3 qualifying experiences whether each of them exceeds 40%
of ECV. The system shall regard the Bidder as 'Eligible' if it meets any of the aforementioned criteria or
else it shall consider the Bidder as 'Ineligible'.
v. The weightage of 7% every year will be on simple rate and will not be compounded on yearly basis for
the purpose of calculating the value of each qualifying experience.
vi. The work experience of the Bidder for those works only shall be considered for evaluation purposes,
which are completed before the last date of month previous to one in which NIT has been published on
e-Procurement portal. Hence, the works which are incomplete/ ongoing, as on the last date of month
previous to one in which NIT has been published on e-Procurement portal, shall not be considered
against eligibility.
vii. In case the work is started prior to the eligibility period of 7 years (counted backwards starting from
the last day of month previous to the e-Publication date of NIT) and completed within the said eligibility
period of 7 years, then the full value of work shall be considered against eligibility.
viii. In case the experience has been earned by the Bidder as an individual or proprietor of a
proprietorship firm, then 100% value of the experience will be considered against eligibility. But if the
experience has been earned by the Bidder as a partner in a Joint Venture/ Partnership firm then the
proportionate value of experience in proportion to the actual share of Bidder in that Joint Venture/
Partnership firm will be considered against eligibility.

Scanned copy of documents to be uploaded by Bidders (CONFIRMATORY DOCUMENT):

For work experience Bidders required to submit Satisfactory Work Completion Certificate issued/ passed
copy of final bill duly accepted by EIC against the Experience of similar work containing all the
information as sought on-line.

B. Permanent Account Number(PAN) : The Bidder should possess a valid permanent account number
issued by Income tax Department.

In respect of the above eligibility criteria the bidders are required to furnish the following information
on-line:
i)Confirmation regarding possessing of Permanent Account Number(PAN) issued by Income Tax
department, Govt. of India in the form of Yes / No.
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Scanned copy of documents to be uploaded by Bidders (BIDDER SPACE/ MY DOCUMENT) :

PAN CARD of the Bidder

C. Goods and Services Tax (Not Applicable for Exempted Services)

The bidder should be either GST Registered Bidder under regular scheme
OR
GST Registered Bidder under composition scheme
OR
GST unregistered Bidder

In respect of the above eligibility criteria the bidder is required to furnish the following
information online:

i). Confirmation in the form of Yes/No regarding possessing of required document as enlisted in NIT
with respect to GST status of the bidder.

Note:

i). If turnover of bidder exceeds exemption/threshold limit, the bidder must have GST registration as
per GST Act and rules.

ii). During the execution of the contract if the GST status of the bidder changes, then the payment of
GST, if any, to the contractor will be made as per the GST status declared by the bidder during tender
stage based on which cost to company has been ascertained or at actuals, whichever is lower.

Scanned copy of documents to be uploaded by Bidders in Bidder space/ My Document

Document as per 9(a)(iii)

D. Purchase Preference under ‘Make in India’ Policy for “Local supplier”. (NOT APPLICABLE WHERE
ESTIMATED COST PUT TO TENDER IS LESS THAN 5 LAKHS.)

Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020,
issued by Govt. of India as amended from time to time shall be applicable.

In terms of the above said policy, purchase preference shall be given to Class-I local supplier.

In terms with the above said policy, Class-I local suppliers and Class-II local suppliers shall be eligible to
bid.
The definitions of Class-I Local Supplier, Class-II local supplier, Non-Local supplier, Local Content and
Margin of Purchase Preference as per above mentioned Order are as follows: -
A. ‘Class-I local supplier’ means a supplier or service provider, whose goods, services or works offered
for procurement, has local content equal to or more than 50%, as defined under said order.
B. ‘Class-II local supplier’ means a supplier or service provider, whose goods, services or works offered
for procurement, has local content equal to or more than 20% but less than 50%, as defined under
said order.
C. ‘Non-Local supplier’ means a supplier or service provider, whose goods, services or works offered
for procurement, has local content less than 20% as defined under said order
D. ‘Local Content’ means the amount of value added in India which shall be the total value of the item
procured (excluding net domestic indirect taxes) minus the value of imported content in the item
(including all customs duties) as a proportion of the total value, in percent.
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E. ‘Margin of Purchase Preference’ means the maximum extent to which the price quoted by a Class-I
local supplier may be above the L1 for the purpose of purchase preference. The margin of purchase
preference is 20%.
In respect of the above eligibility criteria the Bidder is required to furnish the following information
online:
i). Confirmation in the form of Yes/No regarding possessing of required document indicating
percentage of local content as enlisted in NIT.

Note -
I. All the Bidders at the time of bidding shall submit either self-certification indicating the percentage
of local content in the offered items in undertaking format at Annexure – II. They shall also give
details of locations at which the local value addition is made, if application.

In terms of the above said policy, purchase preference shall be given to local suppliers in the following
manner:

I. In the procurement of works which are divisible in nature, the following procedure shall be followed: -

i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local supplier, the
contract for full quantity will be awarded to L-1 at L-1 price by the Purchaser.

ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to L-1. Thereafter, the
lowest Bidder among the Class-I local suppliers will be invited to match the L-1 price for the remaining 50%
quantity subject to Class-I local supplier’s quoted price falling within the margin of purchase preference, and
the contract for that quantity shall be awarded to such local supplier subject to his matching the L-1 price. In
case such lowest eligible Class-I supplier fails to match the L-1 price or accept less than the offer quantity,
the next higher Class-I local supplier within the margin of purchase preference shall be invited to match the
L-1 price for remaining quantity and so on, and contract shall be awarded accordingly. In case some quantity
is still left uncovered on Class-I local supplier, then such balance quantity may also be ordered on L-1 Bidder.

II. In the procurement of works which are not divisible, and in procurement of services where the bid is
evaluated on price alone, the following procedure shall be followed: -

i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local supplier, the
contract will be awarded to L-1.

ii) If L-1 is not from a Class-I local supplier, the lowest Bidder among the Class-I local suppliers, will be invited
to match the L-1 price subject to Class-I local supplier's quoted price falling within the margin of purchase
preference, and the contract shall be awarded to such Class-I local supplier subject to matching the L-1
price.

iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the Class-I local supplier with
the next higher bid within the margin of purchase preference shall be invited to match the L-1 price and so
on and contract shall be awarded accordingly. In case none of the Class-I local suppliers within the margin of
purchase preference matches the L-1 price, then the contract may be awarded to the L-1 Bidder.

III. Applicability in tenders where contract is to be awarded to multiple bidders

In tenders where contract is awarded to multiple bidders subject to matching of L1 rates or otherwise, the
‘Class-I local supplier’ shall get purchase preference over ‘Class-II local supplier’ as well as ‘Non-local
supplier’, as per following procedure:

a) In case there is sufficient local capacity and competition for the item to be procured, as notified by the
nodal Ministry, only Class I local suppliers shall be eligible to bid. As such, the multiple suppliers, who would
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be awarded the contract, should be all and only ‘Class I Local suppliers’.

b) In other cases, ‘Class II local suppliers’ and ‘Non local suppliers’ may also participate in the bidding
process along with ‘Class I Local suppliers’ as per provisions of the Order.

c) If ‘Class I Local suppliers’ qualify for award of contract for at least 50 (fifty) percent of the tendered
quantity in any tender, the contract may be awarded to all the qualified bidders as per award criteria
stipulated in the bid documents. However, in case ‘Class I Local suppliers’ do not qualify for award of
contract for at least 50 (fifty) percent of the tendered quantity, purchase preference should be given to the
‘Class I local supplier’ over ‘Class II local suppliers’/ ‘Non local suppliers’ provided that their quoted rate falls
within margin of purchase preference of the L1 bidder considered for award of contract so as to ensure that
the ‘Class I Local suppliers’ taken in totality are considered for award of contract for at least 50 (fifty) percent
of the tendered quantity.

d) First purchase preference has to be given to the lowest quoting ‘Class-I local supplier’, whose quoted
rates fall within margin of purchase preference, subject to its meeting the prescribed criteria for award of
contract as also the constraint of maximum quantity that can be sourced from any single supplier. If the
lowest quoting ‘Class-I local supplier’, does not qualify for purchase preference because of aforesaid
constraints or does not accept the offered quantity, an opportunity may be given to next higher ‘Class-I local
supplier’, falling within margin of purchase preference, and so on.

e) To avoid any ambiguity during bid evaluation process, the procuring entities may stipulate its own tender
specific criteria for award of contract amongst different bidders including the procedure for purchase
preference to ‘Class-I local supplier’ within the broad policy guidelines stipulated in sub-paras above.

IV. Requirement for specification in advance: The minimum local content, the margin of purchase preference
and the procedure for preference to Make in India shall be specified in the notice inviting tenders or other
form of procurement solicitation and shall not be varied during a particular procurement transaction.

V. Verification of local content:

a) If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at the time of bidding shall
submit self-certification indicating the percentage of local content in the offered items. They shall also give
details of the location(s) at which the local value addition is made, if applicable.

b) In cases of procurement for a value in excess of Rs. 10 crores, the ‘Class-I local supplier’/ ‘Class-II local
supplier’ shall be required to provide a certificate with UDIN from the statutory auditor or cost auditor of
the company (in the case of companies) or from a practicing cost accountant or practicing chartered
accountant (in respect of suppliers other than companies) giving the percentage of local content.

c) Decisions on complaints relating to implementation of this Order, 2020 (amended from time to time) shall
be taken by TAA limited to the CMD of CIL/Subsidiaries to the procuring entity.

d) CIL/Subsidiary may constitute committees with internal and external experts for independent verification
of self-declarations and auditor’s/ accountant’s certificates on random basis and in the case of complaints.

e) False declarations will be debarring of the bidder or its successors for a period up to two years as per
Guidelines on debarment of firms from bidding along with such other action as may be permissible under
law.

f) A supplier who has been debarred by any procuring entity for violation of the Order shall not be eligible
for preference under the Order for procurement by any other procuring entity for the duration of the
debarment. The debarment for such other procuring entities shall take effect prospectively from the date on
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which it comes to the notice of other procurement entities, in the manner prescribed below.

g) The Department of Expenditure shall issue suitable instructions for the effective and smooth operation of
this process, so that:

1. The fact and duration of debarment for violation of the Order by any procuring entity are promptly
brought to the notice of the Member-Convenor of the Standing Committee and the Department of
Expenditure through the concerned Ministry /Department or in some other manner;

2. on a periodical basis such cases are consolidated and a centralized list or decentralized lists of such
suppliers with the period of debarment is maintained and displayed on website(s);

3. In respect of procuring entities other than the one which has carried out the debarment, the debarment
takes effect prospectively from the date of uploading on the website(s) in the such a manner that ongoing
procurements are not disrupted.

VI. Reciprocity Clause

1. When a Nodal Ministry/Department identifies that Indian suppliers of an item are not allowed to
participate and/ or compete in procurement by any foreign government, due to restrictive tender conditions
which have direct or indirect effect of barring Indian companies such as registration in the procuring country,
execution of projects of specific value in the procuring country etc., it shall provide such details to all its
procuring entities including CMDs/CEOs of PSEs/PSUs, State Governments and other procurement agencies
under their administrative control and GEM for appropriate reciprocal action.

2. Entities of countries which have been identified by the nodal ministry/departments not allowing Indian
companies to participate in their Government procurement for any item related to that nodal Ministry shall
not be allowed to participate in Government procurement in India (including CIL and its Subsidiaries) for all
items related to that nodal Ministry/ Department, except for the list of items published by the Ministry/
Department permitting their participation.

3. The term 'entity' of a country shall have the same meaning as under the FDI Policy of DPIIT as amended
from time to time.

VII. Manufacture under license/ technology collaboration agreements with phased indigenization

a) While notifying the minimum local content, Nodal Ministries may make special provisions for exempting
suppliers from meeting the stipulated local content if the product is being manufactured in India under a
license from a foreign manufacturer who holds intellectual property rights and where there is a technology
collaboration agreement / transfer of technology agreement for indigenous manufacture of a product
developed abroad with clear phasing of increase in local content.

b) In procurement of all goods, services or works in respect of which there is substantial quantity of public
procurement and for which the nodal ministry has not notified that there is sufficient local capacity and
local competition, the concerned nodal ministry shall notify an upper threshold value of procurement
beyond which foreign companies shall enter into a joint venture with an Indian company to participate in
the tender. CIL/Subsidiary while procuring such items beyond the notified threshold value, shall prescribe in
their respective tenders that foreign companies may enter into a joint venture with an Indian company to
participate in the tender. CIL/ Subsidiary shall also make special provisions for exempting such joint ventures
from meeting the stipulated minimum local content requirement, which shall be increased in a phased
manner.

9. Submission of Bid:
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a. (i). In order to submit the Bid, the bidders have to get themselves registered online on the e-
Procurement portal of CIL (https://coalindiatenders.nic.in) with valid Digital Signature Certificate (DSC)
issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of India and which
can be traced up to the chain of trust to the Root Certificate of CCA. The online Registration of the
Bidders on the portal will be free of cost and one time activity only. The registration should be in the
name of bidder, whereas DSC holder may be either bidder himself or his duly authorized person. The
bidder is one whose name will appear as bidder in the e-Procurement Portal.

(ii). The bidders have to accept unconditionally the online user portal agreement which contains the accep-
tance of all the Terms and Conditions of NIT including General and Special Terms & Conditions, Integrity
Pact and other conditions, if any, along with on-line undertaking in support of the authenticity of the decla-
rations regarding the facts, figures, information and documents furnished by the Bidder on-line in order to
become an eligible bidder. No conditional bid shall be allowed/accepted.

(iii). The bidders have to accept unconditionally in GTE (General Technical Evaluation) the Undertaking at
Annexure I regarding Genuineness of the information furnished by him on-line & authenticity of the
scanned copy of documents uploaded by him on-line in support of his eligibility criteria etc. and Annexure
III (Letter of Bid). No recycling will be done for this document i.e. no further clarification will be sought from
bidder.

Moreover, the following documents shall be considered from the Bidder’s space/ My Document and no
recycling will be done for these documents i.e. no further clarification will be sought from bidder –

Information to be furnished by Scanned documents to be

S.No. Document Bidder on line in GTE uploaded by Bidder in Bidder’s
space/ My Document

1. Goods and 1. Confirmation in the form of The following documents depending

Services Tax (Not Yes/No regarding possessing of upon the status w.r.to GST as
Applicable for required document as enlisted in declared by Bidder in the BOQ
Exempted NIT with respect to GST status of sheet:
Services) the Bidder

(Ref. Clause 2. Status of the Bidder in the BoQ

No.8(B) of NIT and excel sheet being uploaded by a) Status: GST registered Bidder
BOQ) the Bidder during bid submission. under regular scheme:

Document: GST Registration

Certificate (i.e. GST identification
Number) issued by appropriate
authority of India.

b) Status: GST Registered Bidder

under composition scheme

Document: GST Registration

Certificate (i.e. GST identification
Number) issued by appropriate
authority of India.
 12
c) Status: GST unregistered Bidder:

Document: A Certificate with UDIN

from a practicing Chartered
Accountant having membership
number with Institute of Chartered
Accountants of India certifying that
the Bidder is GST unregistered
Bidder/dealer in compliance with
the relevant GST rules of India.

Note:

1. If turnover of Bidder exceeds

exemption/threshold limit, the
Bidder must have GST registration
as per GST Act and rules.

2. Legal Status of the Confirmation in the form of Any one of the following
bidder Yes/NO for possessing the document:
supporting documents
1. Affidavit or any other document
to prove proprietorship/Individual
status of the Bidder.

2.Partnership deed containing

name of partners

3.Memorandum & Article of

Association with certificate of
incorporation containing name of
Bidder

3. Valid Permanent Confirmation in the form of PAN card issued by Income Tax
Account Number Yes/NO for possessing the department, Govt.of India
(PAN) supporting documents
.
(Ref. Clause
No.8(A) of NIT)

Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any
additional/ other relevant documents to support the information/declaration furnished by
Bidder online against eligibility criteria may also be attached by the Bidder in the same file to
be uploaded against respective eligibility criteria.

b.Confirmatory Documents: All the confirmatory documents as enlisted in the NIT in support of online
information submitted by the bidder are to be uploaded in Cover-I by the bidder while submitting
his/her/their bid. No recycling will be done for these documents i.e. no further clarification will be
 13
sought from bidder.

Scanned copy of documents, to be uploaded by Bidders in support of

Eligibility
S.No. information/ declaration furnished online by the Bidder against Eligibility
Criteria
Criteria as Confirmatory Document

1 2 3

1 The Work For work experience Bidders required to submit Satisfactory Work
Experience Completion Certificate issued by the employer/Passed copy of final bill duly
accepted by EIC against the Experience of similar work containing all the
(Ref. Clause information as sought on-line.
No.8(A) of NIT)

2 Valid Digital If the Bidder himself is the DSC holder bidding on-line then no document is
Signature required.
Certificate
However, if the DSC holder is bidding online on behalf of the Bidder then
the Power of Attorney or any sort of legally acceptable document for the
authority to bid on behalf of the Bidder.

3 VALID Valid Electrical Contractor’s License issued by Electrical Licensing

ELECTRICAL Board/Authority of any Indian State/UT, in accordance with IE Rule-45.
LICENSE

(For Electrical
works only)

Workshop &
Testing Facilities
Self-certified copy of List of Plant & Machinery etc. installed in bidder’s
etc., (if asked in
4 workshop/factory duly originally authenticated by their bankers/Chartered
case of repair at
Accountant or issued by any government agency
bidder’s work
premises)

5 Undertaking by Undertaking regarding relatives as employees of company, Arbitration

bidder on clause (in case of partnership firm), Local supplier status of the Bidder as per
his/her/their Let- clause 8D of NIT, declaration w.r.t Make in India order dated 16.09.2020,
ter Head as per Code of Integrity for Public Procurement (CIPP) and compliance w.r.t pro-
applicable An- curement from bidder of a country which shares a border with India etc.
nexure-II

Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any additional/ other
relevant documents to support the information/declaration furnished by Bidder online against eligibility
criteria may also be attached by the Bidder in the same file to be uploaded against respective eligibility
criteria.
 14

c. Letter of Bid (LOB): The Letter of Bid addressed to the Tender Inviting Authority (TIA) will be given
in Tender document containing name of the work, NIT No., Tender ID. This will be the covering
letter of the Bidder for his submitted bid. The Bidders have to accept unconditionally the Let-
ter of Bid in GTE (General Technical Evaluation) at the time of bid submission. This online ac-
ceptance during bidding through GTE shall be construed as submission of LOB by bidder.

d. Price bid: The Price bid containing the Bill of Quantity will be in Excel format (password protected)
and will be downloaded by the bidder and bidder will quote the rates for all items on this Ex-
cel file. Prior to quoting the rates in the BOQ file, the bidder will select the appropriate status
from the following drop down list given in the BOQ:-

I. Status: GST Registered Bidder under regular scheme

II. Status: GST Registered Bidder under composition scheme
III. Status: GST unregistered bidder

The rates quoted by the bidder will be excluding GST and GST component (to be paid by CIL/
Subsidiary and/or the bidder) will appear as a separate entity. The component of GST will be taken
by the system based on the status of bidder selected by the bidder during bid submission and with
the pre-defined business logic given in the BOQ file by the department. This file will be digitally
signed and uploaded by the bidder after ascertaining the correctness of facts and figures.

Thereafter, the bidder will upload the same Excel file during bid submission in cover-I. The Price-bid
(excluding GST) will be in Item Rate or Percentage Rate or Mixed Rate[combination of Item Rate and
Percentage Rate] BOQ format and the bidder will have to quote for all the tendered items. The Price
Bid of the tenderers will have no condition. The price bid which is incomplete and not submitted as
per instruction given in this document is liable for rejection.

System for decision of L1 bidder

The L1 bidder will be decided based on Overall Quoted Value (i.e. cost to the Company). The system
for decision of L1 bidder will be as per following 02(two) cases:-

Case – 1: Supply for which INPUT TAX CREDIT (ITC) is not available to the Company.

For calculation of Overall Bid Value, the GST [CGST, SGST/UTGST, IGST and GST (compensation to
state tax)] to be paid by the bidder or by CIL/ Subsidiary taken by the system will be added to decide
the L1 i.e the ranking of the Bidders will be decided based on rates quoted by the bidders plus GST.
This value of the bidder will be “the Cost to Company”.

Then share of GST to be deposited by CIL/ Subsidiary, if any will be deducted from overall bid value
to arrive at the Contract value. The Price-bids of the tenderers shall have no condition. The Price Bid
which is incomplete and not submitted as per instruction given above is liable for rejection.

Case – 2: Supply for which INPUT TAX CREDIT (ITC) is available to the Company.

For calculation of Overall Bid Value, the GST [CGST, SGST/UTGST, IGST and GST (compensation to
state tax)] to be paid by the Bidder or by CIL/ Subsidiary taken by the system will be ignored to
decide the L1 i.e the ranking of the Bidders will be decided based on rates quoted by the bidders
excluding GST. This value of the bidder will be “the cost to Company”.

Then share of GST to be paid by bidder shall be added with overall bid value to arrive at the Contract
 15
value. The Price-bids of the tenderers shall have no condition. The Price Bid which is incomplete and
not submitted as per instruction given above is liable for rejection.

Note: The bidder should select their GST category as per clause no. 8.C of NIT.

10. Bid Submission:

All bids are to be submitted on-line on the website https://coalindiatenders.nic.in. No bid shall be
accepted off-line unless otherwise specified.

11. System Requirement:

It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software and
internet connectivity at bidder’s premises to access the e-tender website. Under any circumstances,
CIL/ Subsidiary shall not be liable to the bidders for any direct/indirect loss or damages incurred by
them arising out of incorrect use of the e-tender system or internet connectivity failures.

12. Opening of Bid:

12.1 Tender will be decrypted and opened online by the “Bid Openers” with their Digital Signature
Certificates on/after the prescheduled date & time of Tender Opening.

12.2 The e-procurement system will evaluate the Technical bids automatically on the basis of relevant
data provided by bidder through a form in an objective and structured manner while submitting bid. If
the parameter given by bidder in objective and structured manner does not confirm to required eligi-
bility criteria as specified in the tender document, then the bid will be either automatically rejected by
the system or shown as non-complied bid which shall be rejected by the evaluator.

12.3 All the documents uploaded by L1 bidder including EMD exemption documents (if any) and the
Evaluation sheets generated by the system online shall be downloaded after opening of bid.

13. Tender Evaluation:

a. After opening of bid, the documents submitted by L-1 Bidder in cover I as enlisted in the NIT will be
downloaded by the Evaluator and shall be put up to the Tender Committee. The Tender Committee
will examine the uploaded documents against information/declarations furnished by the L-1 Bidder
online. If it confirms to all of the information/ declarations furnished by the Bidder online and does
not change the eligibility status of the Bidder then the Bidder will be considered eligible for award of
Contract.

b. In case the L-1 bidder fails to comply the eligibility requirement as per NIT, then his bid shall be re-
jected and EMD of L-1 bidder will be forfeited. The tender shall be cancelled and retendered.

c. No recycle of the confirmatory documents will be done.

d. The tender will be evaluated on the basis of documents uploaded by L-1 bidder online. The L-1 bid-
der is not required to submit hard copy of any document through offline mode. Any document
submitted offline will not be given any cognizance in the evaluation of tender.

e. In case the L1 bidder is technically eligible but rejection is due to high rate quoted by
him/her then the tender shall be cancelled and retendered.

f. It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the re-
quired documents as mentioned above.

g. If L1 bidder backs out (i.e. Techno commercially established L1 bidder), the EMD will be forfeited and
 16
the bidder will be debarred for minimum one (1) year from participating in tenders in CIL/ Subsidiary.

Note: In case If the defaulter L1 bidder is a Joint Venture (JV) firm, penal action against the JV will also
be
applicable to all the partners of JV.

h. Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II)
dated 16.09.2020, issued by Govt. of India as amended from time to time shall be appli-
cable.(NOT APPLICABLE WHERE ESTIMATED COST PUT TO TENDER IS LESS THAN 5 LAKHS.)

In terms of the above said policy, purchase preference shall be given to local suppliers in the
following manner :

I. In the procurement of works which are divisible in nature, the following procedure shall
be followed: -

i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract for full quantity will be awarded to L-1 at L-1 price by the Purchaser.

ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to L-1.
Thereafter, the lowest Bidder among the Class-I local suppliers will be invited to match the
L-1 price for the remaining 50% quantity subject to Class-I local supplier’s quoted price
falling within the margin of purchase preference, and the contract for that quantity shall be
awarded to such local supplier subject to his matching the L-1 price. In case such lowest
eligible Class-I supplier fails to match the L-1 price or accept less than the offer quantity, the
next higher Class-I local supplier within the margin of purchase preference shall be invited to
match the L-1 price for remaining quantity and so on, and contract shall be awarded
accordingly. In case some quantity is still left uncovered on Class-I local supplier, then such
balance quantity may also be ordered on L-1 Bidder.

II. In the procurement of works which are not divisible, and in procurement of services
where the bid is evaluated on price alone, the following procedure shall be
followed:-

i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract will be awarded to L-1.

ii) If L-1 is not from a Class-I local supplier, the lowest Bidder among the Class-I local
suppliers, will be invited to match the L-1 price subject to Class-I local supplier's quoted
price falling within the margin of purchase preference, and the contract shall be awarded to
such Class-I local supplier subject to matching the L-1 price.

iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the Class-I
local supplier with the next higher bid within the margin of purchase preference shall be
invited to match the L-1 price and so on and contract shall be awarded accordingly. In case
none of the Class-I local suppliers within the margin of purchase preference matches the L-1
price, then the contract may be awarded to the L-1 Bidder.
 17
Note: The confirmation from the Bidder regarding matching of L1 price may be taken in
confirmatory document link of e-Procurement portal by recycling ‘Any other document’ link.

Verification of local content:

I. all the Bidders at the time of bidding shall submit self-certification indicating the
percentage of local content in the offered items. They shall also give details of location(s) at
which the local value addition is made, if applicable.

II. CIL/ Subsidiary may constitute committees with internal and external experts for
independent verification of auditor’s / accountant’s certificates on random basis and in the
case of complaints.

III. False declarations will attract guidelines on debarment of firms from bidding for a period
up to two year and with process in line with clause 16 of GTC.

IV. A local supplier who has been debarred by any procuring entity for violation of above or-
der shall not be eligible for preference under this Order for procurement by any other pro-
curing entity for the duration of debarment. The debarment for such other procuring enti-
ties shall take effect prospectively from the date on which it comes to the notice of other
procurement entities.

14. Auto Extension of Critical Date

If number of bids received online is found to be less than 03 (three) on end date of bid
submission then the following critical dates of the Tender will be automatically extended for a
period of 04 (four) days ending at 17.00 hrs:

 Last date of submission of Bid.

 Last date of receipt of EMD.
 Date of Opening of Tender.

If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in the e-
Procurement Portal then the same is to be rescheduled to the next working day.

This extension will be also applicable in case of receipt of zero bid.

Notes:
1. The validity period of tender should be decided based on the final end date of submission of bids.
2. The auto extension shall work on the basis of number of bids received only. It may so happen that
any of these bids may be eventually rejected during Tender Opening, Technical evaluation or fur-
ther process of evaluation resulting the total number of valid bids becoming less than 03(three).
3. After extension, the tender shall be opened irrespective of available number of bids on the ex-
tended date of opening of tender.

15. One Bid per Bidder:

15.1 Each Bidder shall submit only one Bid, either individually, or as a proprietor, or as a partner in a
partnership firm or as a partner in a joint venture or as a Company registered under Companies Act.
 18
A Bidder who submits or participates in more than one Bid (other than as a sub-contractor or in
cases of alternatives that have been permitted or requested) will cause all the proposals with the
Bidder's participation to be disqualified.
Earnest Money deposited by defaulting Bidders shall be forfeited and they shall be debarred from participating in
future tenders in concerned Subsidiary/CIL HQ for a period of 12(twelve) months from the date of issue of such
letter. In case of JV/Partnership firm, the debarment shall also be applicable to all individual partners of
JV/Partnership firm.

16. Refund of EMD:

a) If EMD is paid by the bidder in online mode (Direct Debit/NEFT/RTGS) then the EMD of rejected
bidders will be refunded at any stage directly to the account from where it had been received
(except the cases where EMD is to be forfeited).
b) No claim from the bidders will be entertained for non-receipt of the refund in any account other
than the one from where the money is received.
c) If the refund of EMD is not received by the bidder in the account from which the EMD has been
made due to any technical reason then it will be paid through conventional system of e-payment.
For this purpose, if required, Tender Inviting Authority will obtain the Mandate Form from the
Bidder.
d) In case the tender is cancelled then EMD of all the participating bidders will be refunded unless
it is forfeited by the department.
e) If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender) then
his/her EMD will be refunded automatically after the opening of tender.
f) At the option of the Bidder, the EMD of successful Bidder (on Award of Contract) will be retained
by CIL/Subsidiary and will be adjusted to Performance Security Deposit.

17. Site Visit:

17.1 The bidder, at the Bidder’s own responsibilities, cost and risk, is encouraged to visit and examine the
Site of Works and it’s surrounding, approach road, soil condition, investigation report, existing works, if any,
connected to the tendered work, drawings connected to the work, if / as available and obtain all informa-
tion that may be necessary for preparing the Bid and entering into a contract for execution of the works.
The cost of visiting the Site shall be at the Bidder’s own expense.
17.2 It shall be deemed that the Bidder has visited the Site/Area and got fully acquainted with the working
conditions and other prevalent conditions and fluctuations thereto whether he/she/they actually visits the
Site /Area or not and has taken all the factors into account while quoting his/her/their rates.
17.3The Bidder is expected, before quoting his rate, to go through the requirement of mate-
rials/workmanship, specification, requirements and conditions of contract.
17.4 The Bidder, in preparing the bid, shall rely on the site investigation report referred to in the bid
document (if available), supplemented by any information available to the Bidder.

18. Taxes and Duties:

All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if applicable) only) and
other levies, royalty, building and construction workers cess (as applicable in States) payable by the bid-
der/Contractor under the Contract, or for any other cause as applicable on the last date of submission of
Bid, shall be included in the rates, prices and the total Bid Price submitted by the Bidder. Applicable GST, if
any, either payable by bidder or by company under reverse change mechanism shall be computed by sys-
tem in BOQ sheet as per predefined logic.

All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and plants etc. as
may be attendant upon execution and completion of works shall also be included in the rates, prices and
total Bid price submitted by the bidder.
 19
However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/or any
increase over the rate existing on the last date of submission of Bid shall be reimbursed by the company on
production of documentary evidence in support of payment actually made to the concerned authorities.

Similarly, if there is any decrease in such duties, taxes and levies the same shall become recoverable from
the contractor. The details of such duties, taxes and other levies along with rates shall be declared by the
bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST & GST
Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by service availer (i.e.
CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor) would be made only on the latter
submitting a Bill/invoice in accordance with the provision of relevant GST Act and the rules made there un-
der and after online filing of valid return on GST portal. Payment of GST & GST Compensation Cess is re-
sponsibility of the service provider/contractor.

Further, any GST credit note required to be issued by the bidder / contractor under the GST provisions
should be issued within the time limit prescribed under the GST law.

However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under

composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST and/or GST
Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST, if applicable will be
deposited by CIL/Subsidiary directly to concerned authorities in terms with GST provisions.

Input tax credit is to be availed by CIL/Subsidiary as per rule.

If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods or
the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and services in incorpo-
rating the tax invoice issued to CIL/Subsidiary in its relevant returns under GST, payment of CGST & SGST or
IGST, GST (Compensationto State ) Cess shown in tax invoice to the tax authorities, issue of proper tax in-
voice or any other reason whatsoever, the applicable taxes & cess paid based on such Tax invoice shall be
recovered from the current bills or any other dues of the supplier/vendor along with interest and penalty, if
any.

The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall not be
subject to variations on any account except to the extent variations allowed as per the conditions of the
contract of the bidding document.

The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to deal with
such amount in terms of the provisions of the Statute or in terms of the direction of any statutory authority
and the company shall only provide with certificate towards such deduction and shall not be responsible for
any reason whatsoever.

In case of collection of minor minerals in area (both virgin and non-virgin), acquired by the Company under
the Coal Act, the contractor will have to produce a royalty clearance certificate from the District Authorities
before full and final payment.
Further, where any damages or compensation becomes payable by either the Company or the bidder / con-
tractor pursuant to any provision of this Agreement, appropriate GST wherever applicable as per the GST
provisions in force shall also apply in addition to such damages or compensation.

Note: During the execution of the contract if the GST status of the bidder changes, then the payment of
GST, if any, to the contractor will be made as per the GST status declared by the bidder during tender stage
based on which cost to company has been ascertained or at actuals, whichever is lower.

19. Bid Validity:

The validity period of the tenders shall be 120 (One Hundred Twenty) days from the end date of bid
 20
submission.
In exceptional circumstances, prior to expiry of the original time limit, the Employer may request the
bidders (all the responsive tenderers) to extend the period of validity for a specified additional period.
The employer’s request and the bidder’s responses shall be made in writing. A bidder may refuse the
request without forfeiting his bid security. A bidder agreeing to the request will not be required or
permitted to modify his bid.

The tenderer shall not, during the said period or within the period extended by mutual consent, revoke
or cancel his tender or alter the tender or any terms/conditions thereof without consent in writing of
the company.

In case the tenderer violates to abide by this, the Company will be entitled to take action as per clause
No.20 (Modification and Withdrawal of Bid) of NIT.

20. Modification and Withdrawal of Bid:

20.1.1 Modification of the submitted bid shall be allowed online only before the deadline of submission of
tender and the bidder may modify and resubmit the bid online as many times as he may wish.

20.1.2 Bidders may withdraw their bids online within the end date of bid submission and their EMD will be
refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit the bid in that
particular tender. For withdrawal of bid after the end date of bid submission, the bidder will have to make
a request in writing to the Tender Inviting Authority.

Withdrawal of bid may be allowed till issue of work order/LOA with the following provision of penal action:

1. the EMD will be forfeited and

2. the Bidder will be debarred for minimum one year from participating in tenders in CIL/Subsidiary.

20.1.3 The Price-bids of all eligible Bidders including this Bidder will be opened and action will follow as un-
der:
i). If the Bidder withdrawing his bid is other than L-1, the tender process shall go on.
ii). If the Bidder withdrawing his bid is L-1, then re-tender will be done.

Note:

i). In case of above, a letter will be issued to the Bidder by Tender Inviting Authority with the approval of
Tender Accepting Authority (When TAA is Board then with the approval of CMD, in case TAA is CMD then
with the approval of concerned Director and in case the TAA is above CMD (i.e. FDs/Empowered
Committee/Board) then with the approval of CMD. In case TAA is below CMD, then approval of respective
TAA is required), stating that the EMD of Bidder is forfeited, and this Bidder is debarred for one year or
minimum one year, as the case may be; from participating in tenders in CIL/Subsidiary. This letter will be
circulated to all Areas and CIL/Subsidiary HQ and the updated list will be maintained by all Tender Inviting
Authority/Evaluators.

ii) Penal action against clauses above will be enforced from the date of issue of such order.

iii) The standard operating procedure to handle withdrawal of bid after end date of submission is shall
be as per Clause no 21 (Standard Operating Procedure for Withdrawal of Bid) of NIT.

21. Standard Operating Procedure for Withdrawal of Bid:

I. The Mode of withdrawal: -

A. Online Withdrawal of Bids:

a. The system of online withdrawal is available on the portal up to end date of bid submis-
sion, where any bidder can withdraw his/her bid which will attract no penal action from
department side.
 21
b. The system of online withdrawal beyond end date of bid submission and till award of
contract is also available but not fully functional and under development stage. Once it is
developed and implemented only online withdrawal shall be considered except for some
exceptional cases as mentioned in clause below.
B. Offline Withdrawal of Bids :
a. A partner of bidder (in case of partnership firms) whose DSC is registered on the e-
Procurement portal can access the portal for online withdrawal but when there is a split
in the business relationship, the partners whose DSC is not registered on the portal do
not have the option of online withdrawal of bid. Hence such partners may opt to use of-
fline method of withdrawal of his/her offer (or express his disassociation from the bid-
der organization).
b. Till a fully functional system of online withdrawal of bid (beyond end date of bid submis-
sion and till award of contract) is not developed and implemented, offline withdrawal
shall also be considered.

II. Acceptance of withdrawal by Tender Committee:

A. Every case of withdrawal under Clause I-(A) (b) and Clause I-(B) shall be put up to Tender Commit-
tee for deliberation and further course of action.

B. The Tender Committee shall apply its due diligence to decide:

a. Whether the request for withdrawal of offer has been received from right source and au-
thentic. For this purpose a letter is to be sent by registered post/speed post to the bidder
on the address as given by him in the enrollment page of e-Procurement portal, allowing
10 days’ time to confirm the withdrawal. If the bidder does not confirm the withdrawal
within the stipulated period then it should be construed that there is no withdrawal of bid.
In case the withdrawal/disassociation from the firm (Partnership firm) has been submitted
by any other partner then also the confirmation has to be sought from the bidder and if
bidder wants to deny the withdrawal/disassociation from the partnership firm then the
bidder shall be required to furnish a legally acceptable document signed by all the partners
of the firm to substantiate his claim.
b. Whether the withdrawal is due to the reason other than to support any mala fide inten-
tion of any participating bidder such as participating or supporting a cartel formation etc.
c. If the mala fide intentions in the withdrawal are apprehended then the tender should be
cancelled apart from other penal action as per e-Procurement Manual for works and ser-
vices of CIL and other guidelines/manuals of CIL.
d. If no mala fide intentions in the withdrawal are apprehended then the penal action in line
with the prescriptions of the e-Procurement Manual for works and services of CIL will be
applicable.
e. The Tender Committee may also obtain the opinion of legal department in order to
ascertain the legal course of action in case of Clause II-(B)(b) and II-(B)(c) above.

22. Cost of Bidding:

The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible or liable for those costs.

23. Technical Specifications:

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

24. Currencies of Bid and Payment:

The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees only.
 22
25. To & fro transportation of the materials/manpower/spares, if required, will be borne by the firm at
their own cost if not specified in the BOQ/Price Bid.

26. Support/ Infrastructure to be provided by company: (to be defined case to case basis)

27. Guarantee/Warrantee: The contractor shall stand guarantee / warranty of 1000 Working hours or 06
months, whichever is earlier for satisfactory trouble free working of the repaired job / completed job from the date of
completion/handing over of the job. In case of premature failure of the job due to poor quality of material and
workmanship, the same should be rectified at free of cost. In case the contractor fails to do the same,
amount on pro rata basis for remaining period of guaranteed period will be deducted from your
running/final/security deposit bills. In case of any failure on account of repairer to be decided by joint
inspection, within guarantee/warrantee period, the subject item/job will be redelivered after repair within
half of the original delivery period from the date of joint inspection at the risk and cost of the repairer.
However, this will be jointly inspected within 10 days or as the case maybe, after receipt of intimation by
e-mail/fax/post etc, whichever is earlier, to the repairer. If the repairer does not turn up for the joint
inspection with in specified period then it will be presumed that, the repairer has accepted the warranty
failure in its account. In case of failure of guarantee/warranty repair within the stipulated period i.e. half
of the original delivery period, the LD will be deducted as stated at LD clause.

Note: Above clause may vary from case to case, depending upon the requirements of the job.

28. Additional Performance Security (APS)/ Abnormally Low Bids: Additional Performance Security shall be
applicable if the bid price (excluding GST) is below 15% of the justified price, finalized by the owner (excluding GST),
finalized by the owner. The amount of such additional performance security shall be the difference between 85% of the
owner's justified price (excluding GST) and quoted price (excluding GST).Justified price in the subject tender is the
updated estimated cost put to tender.
Additional performance security (APS) shall be furnished within 21 days of issuance of LOA by the successful
bidder.

Failure to submit such additional performance security shall result into cancellation of the contract with
forfeiture of earnest money.
Additionally, the company shall ban such defaulting contractor from participating in future tenders in
concerned Subsidiary/CIL HQ for a period of minimum one year from the date of issue of such letter*. In case
of JV/Partnership firm, the banning shall also be applicable to all individual partners of JV/Partnership firm.

This additional performance security will not carry any interest and shall be released in the following
manner:
i) 30% of Additional performance security will be released after 60% of the total work is completed.
ii) 50% of Additional performance security will be released after 80% of the total work is completed.
iii) 100% of Additional performance security will be released after total work is completed.

Additional performance security may be furnished in the shape of BG or any of the forms as applicable for
performance security.
The validity of the Bank Guarantee if APS submitted in the form of BG shall be for a period of one year or
ninety days beyond the period of contract /extended contract period (if any), whichever is more.
29. Period of Contract/ Period of Completion: The Period of contract is 365 days from the date of
commencement of Work Order. The repair work has to be completed in all respect within 07 (Seven) days after
handing over the job within contract period. The date of commencement of work shall be reckoned from 10 th
day from receipt of LOA/Work Order or from 7th day from the receipt of communication of handing over of job,
whichever is later. Date of receipt of LOA/Work Order/Communication of Job Handover etc will be taken as date
of receipt of same at bidder’s end by e-mail/fax/post etc, whichever is earlier. However, if required, management
reserves the right to extend the period of work.

However, if required, management reserves the right to extend the period of work.
 23
30. Handing Over of Site:

On completion of the work all rubbish, debris, scraps etc. shall be removed by the contractor(s) at
his/their own expenses and the site cleaned and handed over to the company, if applicable and
he/they shall intimate officially of having completed the work as per contract.

31. LD/ Penalty Clause: As per clause no 6 of condition of contract.

32. Inspection: The completed/repaired job will be inspected by the Engineer I/C or his representative at
site in the presence of contractor. They have the right to reject the whole work or part thereof if it is
found below standard.

33. Payment Terms – Payments of bills will be done within one month of presentation of bill duly passed
and accepted by Engineer In-Charge.

34. All materials to be provided by the firm or issued by the company to the firm should be routed through
Regional Stores of the respective Area and recorded in books. Only after inspection & acceptance of
supplied material will be used for repair work with proper entry in register at concerned section (if ap-
plicable). However, this clause may be exempted in special cases with the approval of TIA.

35. The contractor will be wholly responsible for the safe storage/custody of the materials received
from the company. Any loss/damage to such store materials will be the contractor’s account.

36. Submission of Bill:

a) GST Registration Number of NCL for Projects located in MP is 23AABCN4884H1ZE and for Projects
located in UP is 09AABCN4884H1Z4. Invoice issued by service provider should bear this number to
enable NCL to claim INPUT TAX CREDIT.
b) Service Provider will raise invoice strictly adhere as per the provision of section 31 of CGST Act, 2017
along with Rule 46 & 47 of CGST Rules, 2017.
c) When there is any delay of payment against the invoice due to fault of service provider and if any
reversal of input tax arises, the same will be recovered from service provider along with interest as
paid by NCL due to reversal.
d) Service provider will indicate the rate as well as amount of CGST, SGST or IGST in invoice.
e) Service provider should also give an undertaking on invoice or as separate Annexure along with
invoice that Invoice/applicable GST Returns has been/will be uploaded in GST Portal within due time
as prescribed in CGST Act and has been deposited CGST, SGST or IGST as per the provision of GST Act
and rules thereon.
f) Service provider will file all the returns and details as applicable under GST Laws & Rules within due
dates.
g) Amount of statutory levies like CGST, SGST or IGST will be released when the same will appear in
GSTR-2A of NCL in the common portal of GST and after submission of documentary evidence
deposition of GST Taxes and filing of GST Returns.
h) In case the GST rating of vendor on the GST Portal/Govt. Official website is negative/black listed at
any stage even after award of work, NCL has right to reject the letter of award. NCL shall not be
obligated or liable to pay or reimburse GST to such vendor and shall also be entitled to
deduct/recover such GST along with all penalties/interest, if any, incurred by NCL.
i) Service provider will issue credit note as per the provision of Rule 53 of CGST Rule, 2017 on quality
deduction or liquidity damage, if any arises.
j) If service provider default in uploading the invoice/uploading the applicable GST returns/deposit of
applicable GST Taxes, NCL reserve the right to upload such defaulter on website and may also
consider for giving holiday/debarring from participating tenders.

37. The company does not bind to accept the lowest tender and reserves the right to reject any or all
the tenders without assigning any reason whatsoever and to split up the work between two or more
tenderers or accept the tender in part and not in its entirety without assigning any reason whatso-
ever. If required, extension of time without financial impact may be granted.
 24

38. Adjustment of the Dues: If any sum found due from and payable to the company by the contractor
in connection with any other contracts, the company shall have right and liberty to adjust the same
out of the due under other contracts.

39. In case of onsite works, Attendance of manpower is to be recorded in the time office by the time
keepers & is to be countersigned by concerned concern section I/c or his authorized representative.
Firm has to submit list of their workmen along with copies of I-Card, Form “B/A”, VTC training paper
etc. as per mines rules/factory act in the time office and work related concern section office (as ap-
plicable).

40. Deployment of Manpower and Machineries:

The tenderer(s) will deploy sufficient number and size of equipments/machineries/vehicles and
the technical/ supervisory personnel required for execution of the work.

41. Change in Constitution of the Contracting Agency:

Prior approval in writing of the company shall be obtained before any change is made in the
constitution of the contracting agency, otherwise it will be treated as a breach of Contract.

42. Canvassing in Tender: Canvassing in connection with the tenders in any shape or form is strictly
prohibited and tenders submitted by such tenderers who resort to canvassing shall be liable for
rejection.

43. Letter of Acceptance (LOA)/Work Order/Agreement:

The Bidder, whose Bid has been accepted, will be notified /communicated by the Employer
electronically online on the e-procurement portal of CIL/ Subsidiary prior to expiration of the Bid
validity period. The L-1 bidder will get the information regarding award of work on their
personalised dash-board on-line. On receipt of Letter of Acceptance (LOA)/Work Order of the
tender issued by the Company, the successful tenderer shall execute contract agreement in the
company's prescribed form for the due fulfilment of the contract. The successful tenderer shall
have to execute an agreement on a non-judicial stamp paper of appropriate value for contracts
value more than Rs.10.00 lacs, within 30(thirty) days following the notification of the letter of
Acceptance and/or Work Order issued by department. No agreement shall be executed for works
valued up to Rs.10.00 lacs. Other details mentioned in “Instruction to bidder” and “Conditions of
contract” document will also be the part of the agreement. Failure to enter into the required
contract within the specified period in the work order shall entail cancellation of LOA/work order
and forfeiture of the Earnest Money. In addition, the department may debar the bidder from
participating in future bids for at least 12 months as per Guidelines on debarment of firms from
bidder.

44. Postponement of scheduled date(s):

The Company reserves the right to postpone the date of receipt and opening of tenders or to cancel
the tenders without assigning any reason whatsoever.

45. Public Enterprises preference:

The Company reserves its right to allow Public Enterprises purchase preference facility as admissible
under prevailing policy.

46. Contract Agreement Document(s):

This Tender Notice shall be deemed to be part of the Contract Agreement. The “General Terms &
Conditions”, Additional Terms & Conditions, Special Terms & Conditions (if any), Technical
Specifications, drawings (if any) and any other document uploaded on portal as NIT document forms
an integral part of this NIT and shall also form a part of the contract agreement as per clause 2 of the
 25
‘General Terms and Conditions’ of ‘Conditions of Contract’.

47. Sub-letting of Work:

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

with the prior approval of the department. The total value of subcontracted work should not exceed
25%of the contract price specified in the contract. Procurement of material, hiring of equipment or
engagement of labour will not mean sub-contracting.

If a contractor submits his bid qualifies but does not get the contract because of his being not the
lowest, he will be prohibited from working as a sub-contractor for the contractor who is executing
the contract.

The Contract Agreement will specify major items of supply or services or works for which the
contractor proposes to engage sub-contractor/sub-vendor. The contractor may from time to time
propose any addition or deletion from any such list and will submit proposals in this regard to the
Engineer-in -Charge/Designated Officer-in-charge for approval well in advance so as not to impede
the progress of work. Such approval of the Engineer-in-Charge/Designated Officer-in-Charge will not
relieve the contractor from any of his obligations, duties and responsibilities under the contract.

48. Prohibition of Child Labour engagement:

The contractor/contractual Agencies must not engage any Child Labour during the course of
execution of the contract work within the meaning and scope of the Child Labour Prohibition &
Regulation Act-1986 and its relevant Act and Rules amended from time to time by the Govt. of India.

49. Implementation of CMPF/EPF:

The tenderer shall have to ensure implementation of CMPF/EPF, if applicable, in respect of the
workers deployed by him as detailed in the tender document as per clause no 29 of Instruction To
Bidder (ITB).

50. Splitting up of the work:

The Company does not bind itself to accept the lowest tender and reserves the right to reject any or
all the tenders without assigning any reasons whatsoever and to split up the work between two or
more tenderer(s) or accept the tender in part and not in its entirety.

51. Settlement of Disputes:

Matters relating to any dispute or difference arising out of this tender and subsequent contract
Awarded based on this tender, shall be dealt as per Clause No. 16- title- ‘Settlement of Disputes’ of
the ‘General Terms and Conditions’ of ‘Conditions of Contract’ of the tender document.

52. Code of Integrity for Public Procurement (CIPP)

The bidders/ contractors are required to abide the Code of Integrity for Public Procurement (CIPP) as
given in the tender document at Annexure XII.

53. Any corrigendum/date extension etc. in respect of above tender shall be issued in website
https://coalindiatenders.nic.in only. No separate notification shall be issued in the press. Bidders are
therefore requested to visit our website regularly to keep themselves updated.

(Tender Inviting Authority)

 26
INSTRUCTIONS TO BIDDERS

1. SCOPE OF BIDDER

1.1 The Northern Coalfields Limited (referred to as Employer in these documents) invites bids for the
works as mentioned in the Bid Notice. The Bidders should submit Bids for all the works mentioned in
the Notice.

1.2 The successful Bidder will be expected to complete the Work(s) by the Intended Completion
period specified in the Bid document/Notice.

2. ELIGIBLE BIDDERS

2.1 The Invitation for Bid is open to all Bidders including an individual, proprietorship firm,
partnership firm, company registered under Companies Act. The bidders shall be eligible to
participate only if they fulfil the qualifying/eligibility criteria specified in e-Tender Notice and at
Clause No.3. The joint Venture is not allowed to participate in the tender.

2.2 The bidders shall have Digital Signature Certificate (DSC) issued from any agency authorized by
Controller of Certifying Authority (CCA), Govt. of India and which can be traced up to the chain of
trust to the Root certificate of CCA.

2.3 The bidders have to accept unconditionally the online user portal agreement which contains the
acceptance of the letter of bid, all the Terms and Conditions of Notice Inviting Tender (NIT) and
Instructions to Bidders (ITB), including General and Additional Terms & Conditions, technical
specifications, other conditions, if any, along with on-line undertaking in support of the authenticity
of the declarations regarding the facts, figures, information and documents furnished by the bidder
on-line in order to become an eligible bidder.

2.4 The Company reserves its right to allow Public Enterprises purchase preference facility as
admissible under prevailing policy.

2.5 No sub-letting of the work as a whole by the contractor is permissible. Prior permission is re-
quired to be taken from the principle employer for engagement of sub-contractors in part
work/piece rated work. The total value of subcontracted work should not exceed 25% of the con-
tract price specified in the contract. Procurement of material, hiring of equipment or engagement of
labour will not mean sub-contracting.
If a contractor submits his bid qualifies but does not get the contract because of his being not the
lowest, he will be prohibited from working as a sub-contractor for the contractor who is executing
the contract.

The Contract Agreement will specify major items of supply or services for which the contractor
proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose any
addition or deletion from any such list and will submit proposals in this regard to the Engineer-in–
Charge/Designated Officer in charge for approval well in advance so as not to impede the progress of
work. Such approval of the Engineer-in-Charge / Designated Officer in Charge will not relieve the
contractor from any of his obligations, duties and responsibilities under the contract.

3. QUALIFICATION OF THE BIDDER

3.1 In the event that pre-qualification of potential bidders has been undertaken, only bids from pre-
qualified bidders will be considered for award of contract.

3.2 If the employer has not undertaken pre-qualification of potential bidders, all bidders shall fulfil
the eligibility / qualifying criteria as detailed at Cl. No.8 & 9 of e-Tender Notice. Such details shall be
 27
INSTRUCTIONS TO BIDDERS
submitted as deliberated at e-Tender Notice.

3.3 If the bidder is subsidiary of a company, the experience and resources of the holding company or
its other subsidiaries will not be taken into account. However, if the bidder is a holding company, the
experience and resources of its wholly owned subsidiaries will be taken into consideration.

3.4 Even though the bidders meet the above eligibility/qualifying criteria, they are subject to be
disqualified if they have:

a. Made misleading or false representations in the forms, statements and attachments

submitted in proof of the qualification requirements.
b. On account of currency of debarment as applicable.

4. COST OF BIDDING

4.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the
Employer will in no case be responsible or liable for those costs.

5. SITE VISIT
5.1 The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit repair site and
examine the repair job/machine and obtain all information that may be necessary for preparing
the Bid and entering into a contract for execution of the Works. The costs of visiting the Site shall
be at the Bidder's own expense.
5.2 It shall be deemed that the Bidder has visited the repair site/area and got fully acquainted with
the working conditions, quantum of work and other prevalent conditions and fluctuations thereto
whether he actually visits the site/area or not and has taken all the factors into account while quoting
his rates.
5.3 The bidder is expected, before quoting his rate, to go through the requirement of materials
/Workmanship, specification, requirements and conditions of contract.
5.4 The bidder, in preparing the bid, shall rely on the site investigation report referred to in the bid
document (if available), supplemented by any information available to the bidder.

6. CONTENT OF BIDDING DOCUMENTS

6.1 The set of bidding documents comprises the documents listed in the table below as issued online
by the Employer and addendum/corrigendum issued in accordance with relevant provision.

a. Notice Inviting Tender

b. Instructions to Bidders;
c. Conditions of Contract, General Terms and conditions, special terms and conditions, commercial
terms and conditions, special notes and additional terms and conditions, safety norms etc.)
d. Scope of work/Bill of Quantities;
e. Forms of Securities and form of Article of Agreement.
f. Pre contract Integrity Pact (if applicable)
g. User portal Agreement
h. Guidelines on debarment of firms from bidding
i. Code of integrity for public Procurement (CIPP)
j. Other document, if required.

7. CLARIFICATION OF BIDDING DOCUMENTS

7.1 The bidder may seek clarification on-line within the specified period. However, the management
will clarify as far as possible to the relevant queries.

7.2 The pre-bid meeting if applicable shall be held in the office of Tender Inviting Authority, on the
 28
INSTRUCTIONS TO BIDDERS
scheduled date & time, if specified in the NIT. The purpose of the pre-bid meeting is to clarify the
issues and to answer the questions on any matter that may be raised at that stage. Non-attendance
at the pre-bid meeting will not be a cause for disqualification of bidder and it shall be presumed that
the bidder does not require any clarification. The management shall circulate proceedings of the pre-
bid meeting, if held
8. AMENDMENT OF BIDDING DOCUMENTS (BE DELETED FOR NORMAL WORKS, APPLICABLE FOR
SPECIALISED WORK)

8.1 Before the deadline for submission of Bids, the Employer may modify the bidding documents by
issuing addenda.

8.2 Any addendum thus issued shall be a part of the bidding document and shall be displayed in the
website. The bidder shall upload the same during bid submission.

8.3 To give prospective Bidders reasonable time in which to take an addendum into account in
preparing their Bids, the Employer shall extend, as necessary, the deadline for submission of
Bids, in accordance with Sub-clause 14.2 below.

8.4 Bidders are requested to look into website for any addendum as specified in the NIT.

9. LANGUAGE OF BID

9.1 All documents relating to the Bid shall be in the English language.

10.Submission of Bid
a. All the bids are to be submitted online on e-procurement portal of CIL. No bid shall be accepted
offline.

b. In order to submit the Bid, the bidders have to get themselves registered online on the e-
Procurement portal of CIL with valid Digital Signature Certificate (DSC) issued from any agency
authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be traced up
to the chain of trust to the Root Certificate of CCA. The online Registration of the Bidders on the
portal will be free of cost and one time activity only. The registration should be in the name of
bidder, whereas DSC holder may be either bidder himself or his duly authorized person. The
bidder is one whose name will appear as bidder in the e-Procurement Portal.

c. The bidders have to accept unconditionally the online user portal agreement which contains the
acceptance of all the Terms and Conditions of NIT including General and Special Terms & Conditions,
Integrity Pact and other conditions, if any, along with on-line undertaking in support of the authen-
ticity of the declarations regarding the facts, figures, information and documents furnished by the
Bidder on-line in order to become an eligible bidder. No conditional bid shall be allowed/accepted.
The bidders have to accept unconditionally in GTE (General Technical Evaluation) the Undertaking
regarding Genuineness of the information furnished by him on-line & authenticity of the scanned
copy of documents uploaded by him on-line in support of his eligibility criteria, etc. and Letter of Bid.
No recycling will be done for this document i.e. no further clarification will be sought from bidder.

d. Letter of Bid: The format of Letter of Bid is given at Annexure I of Tender document. This will be
the covering letter of the bidder for his submitted bid. The bidders have to accept unconditionally
the Letter of Bid in GTE (General Technical Evaluation) at the time of bid submission. This online ac-
ceptance during bidding through GTE shall be construed as submission of LOB by bidder.

e. Confirmatory Documents: All the confirmatory documents as enlisted in the NIT in support of on-
line information furnished by the bidder are to be uploaded in Cover-I & OID (Other Important Doc-
ument, if applicable) by the bidder while submitting the bid online.
 29
INSTRUCTIONS TO BIDDERS

f. Price Bid (in Cover-I/Cover-II): The Price bid containing the Bill of Quantity will be in Excel
format (password protected) and will be uploaded during tender creation. This will be
downloaded by the bidder and he will quote the rates for all items on this Excel file. Thereafter,
the bidder will upload the same Excel file during bid submission in Cover-I/Cover-II. The Price-bid
will be in Item Rate/Percentage Rate BOQ format and the bidder will have to quote for all the
tendered items and the L-1 will be decided on overall quoted value. The Price-bids of the
tenderers will have no condition. The Price Bid which is incomplete and not submitted as per
instruction given above will be rejected. Any alteration/modification in the Excel format may lead
to rejection of bid.

11. BID PRICES

11.1 Deleted

11.2 The Bidder shall fill-in rates and prices for all items of the works described in the Bill of
Quantities (both in words and figures) and amount(s) calculated and totaled.

11.3. All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if
applicable only) and other levies, royalty, building and construction workers cess (as applicable in
States) payable by the bidder/Contractor under the Contract, or for any other cause as applicable on
the last date of submission of Bid, shall be included in the rates, prices and the total Bid Price
submitted by the Bidder. Applicable GST, if any, either payable by bidder or by company under
reverse change mechanism shall be computed by system in BOQ sheet as per predefined logic.

All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and plants
etc. as may be attendant upon execution and completion of works shall also be included in the rates,
prices and total Bid price submitted by the bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid
and/or any increase over the rate existing on the last date of submission of Bid shall be reimbursed
by the company on production of documentary evidence in support of payment actually made to the
concerned authorities.

Similarly, if there is any decrease in such duties, taxes and levies the same shall become recoverable
from the contractor. The details of such duties, taxes and other levies along with rates shall be
declared by the bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST &
GST Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by service
availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor) would be made
only on the latter submitting a Bill/invoice in accordance with the provision of relevant GST Act and
the rules made there under and after online filing of valid return on GST portal. Payment of GST &
GST Compensation Cess is responsibility of the service provider/contractor.
Further, any GST credit note required to be issued by the bidder / contractor under the GST
provisions should be issued within the time limit prescribed under the GST law.

However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under

composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST and/or
GST Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST, if applicable
will be deposited by CIL/Subsidiary directly to concerned authorities in terms with GST provisions.

Input tax credit is to be availed by CIL/Subsidiary as per rule.

 30
INSTRUCTIONS TO BIDDERS
If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital
Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and
services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns under GST,
payment of CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the tax
authorities, issue of proper tax invoice or any other reason whatsoever, the applicable taxes & cess
paid based on such Tax invoice shall be recovered from the current bills or any other dues of the
supplier/vendor along with interest and penalty, if any.

Note:
During the execution of the contract if the GST status of the bidder changes, then the payment of
GST, if any, to the contractor will be made as per the GST status declared by the bidder during
tender stage based on which cost to company has been ascertained or at actuals, whichever is
lower.

11.4. The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and
shall not be subject to variations on any account except to the extent variations allowed as per the
conditions of the contract of the bidding document.

12. BID SECURITY/EARNEST MONEY DEPOSIT

12.1 The bidder shall furnish, as part of his bid, a Bid Security/Earnest Money of the amount as
shown in e-tender Notice and in the form as deliberated at Clause 3 of e-tender Notice. The bidders
have will have to make the payment of EMD through online mode only.

12.2. Any Bid not accompanied by an acceptable Bid Security/EMD shall be summarily rejected by
the employer as non-responsive.

12.3. The EMD of rejected bidders will be refunded at any stage directly to the account from where it
had been received (except the cases where EMD is to be forfeited)

12.4. The bid security/EMD, of successful bidder may be retained and adjusted with performance
security/security deposit, at bidder’s option

12.5 The Bid Security/Earnest Money may be forfeited:

(a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity/extended
validity with mutual consent;
OR
(b) in the case of a successful Bidder, if the Bidder fails within the specified time limit to:
(i) sign the Agreement; OR (ii) Furnish the required Performance Security/ Security Deposit.

Additionally, the company shall ban such defaulting contractor from participating in future tenders
in concerned Subsidiary/CIL HQ for a period of minimum one year from the date of issue of such
letter.

In case of JV/Partnership firm, the banning shall also be applicable to all individual partners of
JV/Partnership firm.

12.6 The Bid Security/ EMD deposited with the Employer will not carry any interest.

12.7 No claim from the bidders will be entertained for non-receipt of the refund in any account
other than the one from where the money is received.

12.8 If the refund of EMD is not received by the bidder in the account from which the EMD has
been made due to any technical reason, then it will be paid through conventional system of e-
 31
INSTRUCTIONS TO BIDDERS
payment. For this purpose, bidder should submit E-Mandate form in format provided by company.

12.9 In case the tender is cancelled then EMD of all the participating bidders will be refunded
unless it is forfeited by the department.

12.10 If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)
then his/her EMD will be refunded automatically after the opening of tender.

13. CURRENCIES OF BID AND PAYMENT

13.1The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees.

14. DEADLINE FOR SUBMISSION OF BIDS

14.1. Bids shall be submitted online on the web site https://coalindiatenders.nic.in within the date
and time specified in the e-Tender Notice.

14.2. The employer may extend the deadline for submission of bids in accordance with provisions of
e-Tender Notice/ITB, in which case all rights and obligations of the employer and the bidders
previously subject to the original deadline will then be subject to the new deadline.

14.3 If number of bids received online is found to be less than 03(three) on end date of bid submis-
sion then the following critical dates of the Tender will be automatically extended for a period of
four days ending at 17.00 hrs::
• Last date of submission of Bid
• Last date of receipt of EMD
• Date of opening of Tender
If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in the e-
Procurement Portal then the same is to be rescheduled to the next working day.
This extension will be also applicable in case of receipt of zero bid.

Notes:
1. The validity period of tender should be decided based on the final end date of submission of bids.
2. The auto extension shall work on the basis of number of bids received only. (It may so happen that
any of these bids may be eventually rejected during Tender Opening, Technical evaluation or further
process of evaluation resulting the total number of valid bids becoming less than three.)
3. After extension, the tender shall be opened irrespective of available number of bids on the
extended date of opening of tender.

15. SIGNING OF BID

15.1The contractors bid will be digitally signed by DSC holder submitting bid online and it does not
require any physical signature. However, if the Contractor’s bid bears the physical signature in addi-
tion to the digital signature of DSC holder, it will be accepted without questioning the identity of per-
son singing the bid.

15.2 If the bidder himself is the DSC holder bidding on-line then no document is required.
However, if the DSC holder is bidding online on behalf of the bidder then the Power of Attorney or
any sort of legally acceptable document for the authority to bid on behalf of the bidder is
required.
16. Late Bids

16.1 No Bid shall be received by the e-procurement portal after the deadline or the extended
deadline, as the case may be.
 32
INSTRUCTIONS TO BIDDERS
17. Tender Status:

17.1 Information relating to the examination, clarification, evaluation and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other persons
not officially concerned with such process until the award to the successful Bidder has been
announced. However, the Tender Status will be in public domain and anyone visiting the site can
view it by identifying the tender

It will be the bidder’s responsibility to check the status of their Bid online regularly, after the open-
ing of bid till award of contract. Additionally, information shall also be sent by system generated e-
mail and SMS at nodal points (Date of bid opening, Requisition for Clarification on Confirmatory
document from L-1 bidder, award of work etc.). No separate communication will be required in this
regard. Non-receipt of e-mail and SMS will not be accepted as a reason of non-submission of Con-
firmatory documents within prescribed time. This will be specifically mentioned in the NIT. The
Tender Status will be in public domain and anyone visiting the site can view it by identifying the
tender.

17.2 Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may
result in the rejection of his Bid.
17.3 From the time of bid opening to the time of contract award, no bidder shall contact the Pro-
curing Entity on any matter related to the bid, except on request and prior written permission

18. EVALUATION AND COMPARISON OF BIDS.

18.1 Evaluation and comparison of Bids will be done by System online. This online evaluation will be
validated by CIL/ Subsidiary at each stage as deliberated in e-Tender Notice. The bidder shall also
comply with system requirement as deliberated in e-Tender Notice. Bid evaluation shall be done
after taking into consideration overall quoted price by the bidder and effect of Goods and Service tax
(GST), GST Compensation Cess etc. as applicable. L-1 will be decided based on Cost to the Company.

18.2 If the Bid of the successful Bidder is seriously unbalanced in relation to the Company’s estimate
of the cost of work to be performed under the contract, the Employer may require the Bidder to
produce detailed price analysis for any or all items of the Bill of Quantities, to demonstrate the
internal consistency of those prices with the methods and schedule proposed.

After evaluation of the price analysis, the company may require that the amount of the performance
security/security deposit is increased at the expense of the successful bidder to a level sufficient to
protect the company against financial loss in the event of default on the part of the successful bidder
under the contract.

Regarding Abnormally Low Bid, the Procuring Entity may in such cases seek written clarifications
from the bidder, including detailed price analyses of its bid price in relation to scope, schedule,
allocation of risks and responsibilities , and any other requirements of the bid document. If, after
evaluating the price analyses, Procuring Entity determines that the bidder has substantially failed
to demonstrate its capacity to deliver the contract at the offered price, the procuring entity may
reject the bid / proposal.

Additional performance security shall be applicable if the bid price is below 15% of the justified
price, finalized by the owner. The amount of such additional performance security shall be the
difference between 85% of the owner's justified price and quoted price.

Justified price shall be finalized by the owner on the basis of prevalent market rate of materials and
labour analysed as per standard analysis of rate, and shall be binding on the bidder.

Such additional performance security shall be applicable for Item-rate and Percentage-rate Tenders.
 33
INSTRUCTIONS TO BIDDERS

Such additional performance security shall be furnished by bidder along with normal performance
Security as per Cl. No. 4 of GTC.

Additional performance security (APS) shall be furnished within 21 days of issuance of LOA by the
successful bidder.

Failure to submit such additional performance security shall result into cancellation of the
contract with forfeiture of earnest money.

Additionally, the company shall ban such defaulting contractor from participating in future
tenders in concerned Subsidiary/CIL HQ for a period of minimum 1 (one) year from the date of
issue of such letter*. In case of JV/Partnership firm, the banning shall also be applicable to all
individual partners of JV/Partnership firm.

19. AWARD CRITERIA

19.1 Subject to Clause No.15, the Employer will award the Contract to the Bidder whose Bid has been
determined to be substantially responsive to the Bidding documents and who has offered the lowest
evaluated acceptable Bid Price, provided that such Bidder has been determined to be:
a) Eligible in accordance with the provisions of Clause 2; and
b) Qualified in accordance with the provisions of Clause 3.

20. EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO REJECT ANY OR ALL BIDS

20.1 Notwithstanding Clause No.18, the Employer reserves the right to accept, negotiate or reject
any Bid, and to cancel the bidding process and reject all Bids, at any time prior to the award of
Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation
to inform the affected Bidder or Bidders of the grounds for the Employer's action.

21. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT

21.1 The Bidder, whose Bid has been accepted, will be notified /communicated by the Employer
electronically online on the e-procurement portal of CIL prior to expiration of the Bid validity period.
This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state
the sum that the Employer will pay the Contractor in consideration of the execution and completion
of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called
"the Contract Price").
The offline communication of LOA shall not be mandatory.

21.2 The notification of award (LOA/Work Order) will constitute the formation of the Contract.

The works should be completed as per period specified in the NIT from the Date of Commencement
as defined in Clause 6.0 of General Terms and Condition.

21.3 The Agreement will incorporate all agreements between the Employer and the successful
Bidder, work programme etc. within 30 (thirty) days following the notification of award along with
the letter of Acceptance and/or Work Order issued by department.

In case of failure to enter in to agreement within specified period or extended period on the written
request of the bidder, if any, the department will take action as prescribed in Guidelines for Banning
of Business along with forfeiture of Earnest Money. The bidder will also be banning from
participating in re-tender.
 34
INSTRUCTIONS TO BIDDERS
No payment for the work shall be made before execution of this agreement.

21.4 In the bidding process, the cause of rejection of Bid of any bidder shall be intimated to non-
qualified bidder after the award of the work to the successful one and the Security/ Earnest Money
shall be refunded to unsuccessful bidders as per provision of e-Tender Notice.

21.5 The contractor shall enter into and execute contract agreement in the prescribed form on non-
judicial stamp paper in accordance with the relevant law of the State/Union of India. The cost of the
stamp papers for the contract agreement shall be borne by the contractor. Two sets of contract
document/agreements shall be prepared and signed by both the parties. One of the sets shall be
stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the contractor
free of cost and the original is to be retained by the company. For additional copy, cost to be charged.

All additional copies should be certified by the Engineer-in-Charge.

The contractor shall keep copy of these documents on the site/place of work in proper manner so
that these are available for inspection at all reasonable times by the Engineer-in-charge, his
representatives or any other officials authorized by the company for the purpose.
The contract document shall not be used by the contractor for any purpose other than this contract
and the contractor shall ensure that all persons employed for this contract strictly adhere to this and
maintain secrecy, as required of such documents.

22. PERFORMANCE SECURITY/SECURITY DEPOSIT

22.1 Security Deposit shall consist of two parts:

a. Performance Security to be submitted at award of work and
b. Retention Money to be recovered from running bills.

The security deposit shall bear no interest.

For details refer Clause No.4 of Conditions of Contract (General Terms and Conditions)

23. Safety issues:

Contractor will be responsible for safety of their manpower deployed. They will provide all safety
appliances and gadgets to their workers and ensure that their workers give top priority to safe
working practices. Safety is not to be compromised under any circumstances as this is a statutory
requirement. No work person shall be deployed by contractor without wearing safety appliances.

24. Gate Pass for to and fro movement of vehicle, tools and tackles, all items to be used at Site:
Proper entry shall be made in the register on mine entry gate during entry and exit time. Competent
authority of the projects will facilitate timely issue of gate passes for above purpose.
25. Payment of Contractors Workers through Bank: The contractor should facilitate opening of Bank
account for his workers and to ensure payment through Bank only.
26. VTC Training (if applicable): VTC Training is a statutory requirement concerning the safety of con-
tractor’s labourers and for any work within Mines Area. Only VTC trained labour shall be deployed by
the contractor. The contractor shall follow all law/ guidelines in this regard and arrange for VTC train-
ing in respect of his workers who are not VTC Trained.
27. No work person shall be deployed in mines, unless until he has gone through IME/PME (as appli-
cable).
28. No work person shall be deployed in mines, unless until he has been enrolled in form –B register
and having valid VTC and attendance has been marked in Form-D register/form E-register.

29. EMPLOYMENT OF LABOUR

29.1 Contractors are to employ, to the extent possible (as per policy decision of the company valid
 35
INSTRUCTIONS TO BIDDERS
from time to time), local project affected people and pay wages not less than the minimum wages as
per minimum Wages Act or such other legislations or award of the minimum wage fixed by respec-
tive State Govt. or Central Govt. as may be in force.
Payment of Provident Fund for the workmen employed by him for the work as per the Law prevailing
under provision of CMPF/EPF and allied scheme valid from time to time shall be responsibility of the
contractor.
The contractor needs to ensure that the employee has become a member of any of the provident
fund as the case may be and the unique membership number of the CMPF/EPF or Allied Scheme
needs to be submitted to Employer.
In addition to the above, the Contractor shall provide a copy of the updated passbook having entry
made in the CMPF/EPF or Allied Scheme(s) of Provident fund as the case may by the competent au-
thority annually /as and when asked. Bidder shall also submit copies of statutory returns.
Payable statutory payments like PF & ESI contributions paid to the contract workers as applicable
shall be reimbursed to the contractor on production of proof of payment limited to the maximum
likely number of workmen to be deployed as indicated in the tender document. Such payments shall
be made on quarterly basis and shall not be included in the Contract Value.
29.2 The bidder shall also comply with statutory requirements of various acts including CL(R&A) Act.
29.3 The contractor’s workmen shall be paid through Bank.
29.4 The contractors shall register themselves on the Contract Labour Payment Management Portal
(CLPMP) of CIL within 30 days of issue of work order and will have to enter and update periodically
the following details in the portal:
a. Work Order details
b. Details of Contractor workers and payment of wages in respect of each Work Order each month.
29.5 All the contract workers shall be covered with the Bio-metric attendance system for payment of
wages.
NOTE: In case company decides/ circulates separate wages for underground works / for works within
mine premises, the same may be allowed based on appropriate circular. Clause 29.1 shall stand
amended to this extent before notification of bid..

30. LEGAL JURISDICTION

Matter relating to any dispute or difference arising out of this bid and subsequent contract awarded
based on the bid shall be subject to the jurisdiction of local court only where the subject work is to
be executed.

31. e-PAYMENT
31.1 Successful bidder will be required to submit a Mandate Form duly signed by bidder and the
Bank Officials for e-Payment.

32. MISCELLANEOUS
32.1 The bidders should fill the bid document properly and carefully. They should avoid quoting
absurd rates.
32.2 Throughout the bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives are
synonymous.
@@@@
 36
CONDITIONS OF CONTRACT

GENERAL TERMS AND CONDITIONS

1. Definitions

i) The word "Employer" or "Company” or “Owner” wherever occurs in the conditions, means
the Coal India Limited / Subsidiary, represented at Head Quarters of the Company by the
General Manager (Excavation) or his authorized representatives or any other officer specially
deputed for the purpose who will employ the contractor.

ii) The word" Principal Employer" wherever occurs, means the officer nominated by the
Company to function on its behalf.

iii)The word "Contractor/ Contractors" wherever occurs means the successful bidder /bidders
who has/have deposited the necessary Earnest money and has/have been given written
intimation about the acceptance of tender and shall include legal representative of such individual
or persons composing a firm or a company or the successors and permitted assignees of such
individual, firm or Company, as the case may be and any constitutional, or otherwise change of
which shall have prior approval of the employer.

iv) "Site" means the land and places including location of Project/Plant/HEMM/sub as-
sembly thereon, over, under, in or through which the Permanent works or Temporary
works designed by the Engineer-in-Charge are to be executed and any other lands and
places provided by the Employer for working space or any other purpose as may be spe-
cifically designated in the Contract as forming part of the site.

v)"Accepting Authority" shall mean the management of the company and includes an au-
thorized representative of the company or any other person or body of persons empow-
ered on its behalf by the company.

vi)"Engineer-in-charge" shall mean the officer nominated by the company in the Excava-
tion cadre/ discipline who is competent to direct supervisors and authorised to be in
charge of the works for the purpose of this contract. The Engineer-in-Charge
/Designated Officer in Charge, who is of an appropriate seniority, will be responsible for
supervising and administering the contract, certifying payments due to the contractor,
valuing variations to the contract, awarding extension of time and valuing compensation
events. The Engineer-in-Charge/Designated Officer in Charge may further appoint his
representatives i.e. another person/Project Manager or any other competent person and
notify to the contractor who is directly responsible for supervising the work being exe-
cuted at the site, on his behalf under their Delegation of Powers of the company. How-
ever, overall responsibility, as far as the contract is concerned, will be that of the Engi-
neer-in-Charge/Designated Officer in Charge.

vii)The "Contract" shall mean the notice inviting tender, the tender as accepted by the
Company, the work order issued to the contractor, if any, scope of work, terms & condi-
tions/technical parameters/scope of work, if any, specifications, drawings ( as per re-
quirement).

viii)A "Day" shall mean a day of 24 hours from midnight to midnight.

ix)The "Work" shall mean the works required to be executed in accordance with the con-
 37
CONDITIONS OF CONTRACT
tract/work order.

x)"Schedule of Rates” Estimated and finally accepted.

xi)"Contract amount" shall mean:

In the case of contracts the total sum for which tender is accepted by the company.

xii)"Written notice" shall mean a notice or communication in writing and shall be

deemed to have been duly served if delivered in person to the individual or to a member
of the contractors firm or to an office of the company for whom it is intended, or if deliv-
ered at or sent by registered mail/e-mail to the last business address known to him who
gives the notice.

xiii)"The constructional plant" means all appliances, tools, plants or machinery of what-
soever nature required in or about the execution, completion or maintenance of the
works but does not include materials or other things intended to form part of the perma-
nent work.
xiv)"Letter of Acceptance of Tender" means letter giving intimation to the tenderer that
his tender has been accepted in accordance with the provisions contained in that letter.

xv)"Department" means the Excavation Department of Coal India Limited or any of its
subsidiary companies/units represented by the appropriate authority.

xvi)"Codes" shall mean the following, including the latest amendments, and/or replace-
ments, if any :
a) Bureau of Indian Standards relevant to the works under the contract and their
specifications.
b) Indian Electricity Act and Rules and Regulations made there under.
c) Indian Mines Act and Rules and Regulations made there under.
d) Any other Act, rule and regulations applicable for employment of labour, safety
provisions, payment of Provident fund and compensation, insurance etc.

2. Contract Documents and Miscellaneous Provisions:

The following documents shall constitute the contract documents:
i) Articles of Agreement.
ii) Letter of Acceptance of Bid/ Work Order indicating deviation, if any, from the conditions
of contract incorporated in the tender document issued to the bidder.
iii) Notice Inviting Tender and Instructions to Bidders.
iv) Conditions of Contract including General Terms & Conditions of contract, Additional
Terms & Conditions, Special Terms & Conditions, and Commercial Terms & Conditions etc.-
as applicable.
v) Frozen terms & conditions / technical parameters and revised offer, if any.
vi) Specifications/scope of Work, if any.
vii) Schedule of quantities (or Bill of Quantities) along with accepted rate.
viii) Contract drawings and work programme.
ix) Safety Code etc. forming part of the tender,
x) Integrity Pact (If applicable).
 38
CONDITIONS OF CONTRACT
xi) Guidelines for Banning of Business.
xii) Any other document if required.

2.1 The contractor shall enter into and execute contract agreement in the prescribed form. The
cost of the stamp papers for the contract agreement shall be borne by the contractor. Two sets of
contract document/agreements shall be prepared and signed by both the parties One of the sets
shall be stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the
contractor free of cost and the original is to be retained by the company. For additional copy, cost
to be charged.

All additional copies should be certified by the Engineer-in-Charge.

The contractor shall keep copy of these documents on the site/place of work in proper manner
so that these are available for inspection at all reasonable times by the Engineer-in-charge, his
representatives or any other officials authorized by the company for the purpose.

2.2 The contract document shall not be used by the contractor for any purpose other than this
contract and the contractor shall ensure that all persons employed for this contract strictly
adhere to this and maintain secrecy, as required of such documents.

2.3 The local Court, where the subject work is to be executed shall have exclusive jurisdiction in
all matter arising under this contract.

2.4 The Contract Agreement will specify major items of supply or services for which the
contractor proposes to engage sub-contractor/sub-vendor. The contractor may from time to time
propose any addition or deletion from any such list and will submit proposals in this regard to the
Engineer-in–Charge / Designated Officer in charge for approval well in advance so as not to
impede the progress of work. Such approval of the Engineer-in-Charge / Designated Officer in
Charge will not relieve the contractor from any of his obligations, duties and responsibilities
under the contract.

2.5 Acceptance of Offer:

“Letter of Acceptance”- is an acceptance of offer by the company. It shall be communicated
electronically through e-procurement portal of CIL to the successful bidder and shall make the
binding Contract with the Company.

3. Discrepancies in contract documents & Adjustments thereof

The documents forming part of the contract are to be treated as mutually explanatory of one
another and in case of discrepancy between schedule of quantity, the specifications and/or
drawing, the following order of preference shall be observed;
a) Description in Bill of Quantities of work.
b) Particular specification and special conditions, if any
c) Drawings.
d) General specifications.

3.1 In the event of varying or conflicting provision in any of the document(s) forming part of the
contract, the Accepting Authority's decision/clarification shall hold good with regard to the
intention of the document or contract as the case may be.

3.2 Any error in description, quantity or rate in Bill of Quantities or any omission there from,
shall not vitiate the contract or release the contractor from discharging his obligations under the
contract including execution of work according to the Drawings and Specifications forming part
of the particular contract document.

4.00 Security Deposit:

4.1 Security Deposit shall consist of two parts;

 39
CONDITIONS OF CONTRACT
a) Performance Security to be submitted at award of work and
b) Retention Money to be recovered from running bills.
The security deposit shall bear no interest.

4.2 Performance Security should be 5% of contract amount and should be submitted within 21
days of issuance of LOA by the successful bidder in any of the form given below:

 Payment through NEFT/RTGS in the designated account of CIL/Subsidiary as indicated

in the LOA/WO
 A Bank Guarantee in the form given in the bid document from any Scheduled Commer-
cial bank (i.e. Indian or Foreign Banks included in the Second Schedule of Reserve Bank
of India Act, 1934 excluding Co-operative banks or Regional Rural Banks). The BG is-
sued by outstation bank shall be operative at its local branch at Singrauli or branch at
Kolkata.
 Bank Guarantee against Performance Security shall be applicable if the amount of
Performance Security exceeds Rs. 5.0 lakhs.
 Govt. Securities, FDR or any other form of deposit stipulated by the owner and duly
pledged in favour of owner.

The Earnest Money/ Bid Security deposited shall be discharged when the Bidder has signed
the Agreement and furnished the required Performance Security/ 1st part of security depo-
sit.
The bid security deposited may be adjusted against the Performance security (1 st part of
security deposit) at bidder’s option.
If performance security is provided by the successful bidder in the form of bank guarantee
it shall be issued either –
(a) at Bidder’s option by a Scheduled Commercial Bank , or
(b) by a foreign bank located in India and acceptable to the employer.

BG of scheduled commercial bank located in India and acceptable to the company should
only be accepted. Thus, any BG issued by foreign bank from outside India shall not be
accepted.

The validity of the Bank Guarantee shall be for a period of one year or ninety days beyond
the period of contract /extended contract period (if any), whichever is more.

The BG (If performance security is provided by the successful bidder in the form of bank
guarantee) issued by issuing bank on behalf of the bidder in favour of “___________,” shall
be in paper form (Stamp Paper) as well as issued under “Structured Financial Messaging
System”. Issuing Bank should send the underlying confirmation message in IFN760COV or
IFN767COV message type for getting the BG advised through our bank. Also issuing bank
should mention “_________” in field no. “7037” of IFN760COV or IFN767COV. The
message will be sent to the beneficiary bank through SFMS. The details of beneficiary
Bank for issue of BG through SFMS Platform is furnished below:-

Name of Bank: ICICI Bank Ltd

Branch: Singrauli Branch, Plot no. no. 86, Opp. Post Office, ward no. 3, Morwa, Tehsil
Singrauli, Madhya Pradesh – 486889
IFSC Code: ICIC0003529
Account No. ICICI BANK LTD- A/C No. 352905000016
Original copy of the Bank Guarantee issued by the Issuing Bank shall be sent by the issuing
 40
CONDITIONS OF CONTRACT
bank to Excavation Department of CIL/ Subsidiary/Project/Unit.

In case the successful bidder fails to submit the Performance Security and Additional
Performance Security, if any, within the stipulated time then the award of work shall be
cancelled with forfeiture of the bid security/earnest money.

Additionally, the company shall ban such defaulting contractor from participating in future
tenders in concerned Subsidiary/CIL HQ for a period of minimum one year from the date of
issue of such letter.

When validity of BG is about to expire, the contractor has to extend the validity of BG, if
required. If the validity of BG is not extended before 03 days of its expiry, then CIL/
Subsidiary shall be at liberty to encash the BG.

In case of a JV, the Performance Security can be submitted by the Joint Venture / one or
more partners of the joint venture.

In case of JV/Partnership firm, the debarment shall also be applicable to all individual part-
ners of JV/Partnership firm.

Submission of Performance Security is not required for tenders having Estimated Value
put to tender upto Rs. 2.00 lakhs (incl. GST). In this case, EMD of successful bidder shall be
released within 14 days of the issue of defect liability certificate (taking over certificate
with a list of defects).
4.3 5% Performance Security should be refunded within 14 days of the issue of defect liability
Certificate (taking over certificate with a list of defects).

4.4 All running on account bills shall be paid at 95% (ninety-five percent) of work value. The
balance 5% shall be treated as retention money and will be second part of security deposit.

Retention Money may be refunded against equivalent Bank Guarantee, on written request of the
contractor, on its accumulation to a minimum amount of Rs. 5 lakhs subject to the condition that
amount of any Bank Guarantee except last one, shall not be less Rs. 5 lakhs.

However, Bank Guarantee against retention money shall be with suitable validity based on nature
of work which shall be 90 days beyond the defect liability period/warranty period, but in no case
less than the period of one year.
Bank Guarantee is to be submitted in the format prescribed by the company. Bank Guarantee shall
be irrevocable and will be from Scheduled Banks as elaborated at Clause 4.2.

4.5 Retention Money should be refunded after issue of No Defect Certificate/completion of

warranty/guarantee period.

4.6 The Company shall be at liberty to deduct/appropriate from the security deposit such sums
as are due and payable by the contractor to the company as may be determined in terms of the
contract, and the amount appropriated from the security deposit shall have to be restored by
further deduction from the contractors subsequent on account running bills, if any.

4.7 REFUND OF SECURITY DEPOSIT: The refund of security deposit shall be subject to
company's right to deduct/ appropriate its due against the contractor under this contract or
under any other contract.

On completion of the entire work and issue of defect liability certificate (taking over certificate
with a list of defects) by the Engineer-in-charge, one half of the security deposit remaining with
the company (Performance Security) shall be refunded as elaborated at Clause 4.3.
The other half (Retention Money) shall be refunded to the contractor after issue of No Defect
Certificate by the Engineer-in-Charge on the expiry of Defect Liability Period of six months,
 41
CONDITIONS OF CONTRACT
subject to the following conditions:

a) Any defect/defects in the work, if detected after issue of defect liability certificate/ completion
of warranty/guarantee period (Taking over certificate with list of defects) is/are rectified to the
satisfaction of the Engineer-in-Charge within the said defect liability period of six months or on
its due extension till completion of the rectification works as required.

NB: In case of Maintenance contracts, that ends with successful completion of work, where
question of Defect Liability Period does not arise (e.g. sweeping, up-keeping, washing / cleaning,
material handling/ mounting demounting work etc. ), the performance security and retention
money (second part of bid security) can be released simultaneously after completion of work and
taking over by department.

4.8 Consideration of Abnormally Low Bids

In case of Abnormally Low Bid, CIL/ Subsidiary may in such cases seek written clarifications
from the lowest bidder(s), including detailed price analyses of its bid price in relation to
scope, schedule, allocation of risks and responsibilities, and any other requirements of the
bid documents. If, after evaluating the price analysis, CIL/ Subsidiary determines that the
bidder(s) has substantially failed to demonstrate its capability to deliver the contract at the
offered price, CIL/ Subsidiary may reject the bid / Proposal.

However, it has been provided that in case of compelling circumstances where to ask for
Additional Security Deposit Bank Guarantee (BG) in case of ALBs, the same should be taken
only with the approval of the next higher authority to the authority competent to finalize
the tender

5. Deviations/Variations in Quantities and Pricing.

The quantities given in the “Schedule of Quantities" are based on estimates and are meant to
indicate the extent of the work and to provide a uniform basis for tendering and any variation
either by addition or omission shall not vitiate the contract.

5.1 The company through its Engineer-in-Charge or his representative shall, without radically
changing the original scope and nature of the work, under contract, have power to make any
alterations in or additions to or substitution of the original specifications, drawings, designs and
instructions that may appear to be necessary or advisable during the progress of the work.

The contractor shall be bound to carry out the work(s) in accordance with the instructions given
to him in writing by the Engineer-in-Charge or his representative on behalf of the company. Such
altered or additional or substituted work, which shall form part of the original contract, shall be
carried out by the contractor on the same terms and conditions in all respects on which they
agreed to do the main work and at the same rate/rates as are specified in the contract/ work-
order.

5.2 The right is reserved to cancel any items of work included in the contract agreement or
portion thereof in any stage of execution if found necessary to the work and such omission shall
not be a waiver of any condition of the contract nor invalidate any of the provisions thereof.

5.3 If the additional, altered or substituted work includes any class of work for which rate/rates
is/are not specified in the contract/work order, rates for such items shall be determined by the
Engineer-in-Charge as follows:
a) In the case of percentage tenders, if the rate for the extra item of work executed is available in
the company's approved SOR, it will be paid at the schedule rate plus or minus the accepted
percentage as per contract.
 42
CONDITIONS OF CONTRACT
However, if the extra item is not available in company’s approved SOR, then the rate for such extra
item(s) shall be dealt as at (c) below.

b) In case of item rate tenders, the rate for extra item shall be derived from the rate for similar
item or near similar item / class of work available in the agreement schedule of work or by
analysis of rates as at below and the lower rate out of the above two shall be considered.

In case of composite item rate tenders, where two or more schedule of quantities for similar item
description may form part of the contract, the applicable rates shall be taken from the Schedule of
Quantities of that particular part in which the deviation is involved, failing that at the lowest
applicable rate for the similar item of work in the other schedule of quantities.
For derivation of rates based on analysis, the same shall be done by analysis on prevalent market
rate of materials and labour based on standard norms of analysis of rate of C.P.W.D/ N.B.O.

c) In the case of extra item(s) that are completely new, and are in addition to the items contained
in the contract, the contractor may within 15 days of receipt of order or occurrence of the item(s)
claim rates, supported by proper analysis. The Engineer-in-Charge shall determine the rate(s) by
analysis based on prevalent market rate of material and labour and on standard norms of analysis
of rate of CPWD / NBO.

d) In case of combined tender with partly item rate for non-schedule items & partly percentage
tenders for SOR items, the rate for extra item shall be derived as at (b) & (c) above in case of non-
schedule items rates and in case of percentage rates for SOR items the rate for extra item shall be
derived as at (a) above.

In case of any difference between the contractor and the Engineer-In Charge as to the fixation of
rates, the matter shall be referred to the accepting authority of the company i.e. GM(C) of the
company or Staff Officer(C) for the work awarded at Company Hqrs. level and Area level
respectively, whose decision shall be final and binding on the contractor.

5.4 Alteration in the quantities shall not be considered as a change in the condition of the
contract nor invalidate any of the provision thereof provided that a deviation estimate / revised
estimate/supplementary agreement for the item(s) involved is made. Such approval shall be from
appropriate authority.

5.5 Payment for such deviated items [additional/ altered / substituted items of work of the
agreement schedule] shall be made in the contractors running on account bills, till the revised
estimate / deviation estimate regularizing these items are sanctioned by the competent authority
of the company, at the provisional rates and shall not exceed:

a) 75% of the rate recommended by the Engineer-in-Charge to the accepting authority of the
company i.e. GM(C) of the company or SO(C) of the Area, if the rate is directly available in the
SOR of the company/ if the rate is derived from available rate of BOQ.

b) 50% of the rate recommended by the Engineer-in-Charge to the accepting authority of the
company, i.e. GM(C) of the company or SO(C) of the Area, if it is analysed item rates based on
prevalent market rates of materials and labour following CPWD / NBO norms.

Total payment for such extra items of work shall not exceed 10% of work order / agreement
value/approved deviation estimate value. Also total payment including extra items of work shall
not exceed the work order / agreement / approved deviation estimate value.

5.6 PROVISIONS FOR DEALING WITH VARIATIONS IN RESPECT OF ABNORMALLY HIGH RATE
AND ABNORMALLY LOW RATE ITEMS.

The abnormally high rate items are those whose quoted rates are more than 20% of the justified
rates decided by the owner.
 43
CONDITIONS OF CONTRACT

The abnormally low rate items are those whose quoted rates are less than 20% of the justified rates
decided by the owner.

In case of Item Rate Tenders, the revision of rates for (i) abnormally high rate items and (ii)
abnormally low rate items, shall become operative under the following circumstances: -

For increase in quantity of more than 25% in respect of works executed below plinth level and 10%
in respect of works executed above plinth level.

Quantity variation beyond the limit mentioned above shall be dealt by arriving at new rate based
on prevalent market rate of materials and labour analysed as per standard analysis of rate of
CPWD/NBO. Payment of extra quantity over the permitted quantity as explained above would be
made on the basis of the new analysed rate.

The variation in quantity of abnormally low rate items for item rate tenders shall not be permitted
below 25% for the items below plinth level and below 10% for the items above plinth level of the
agreement schedule quantity, but in exceptional cases with written consent of Engineer-in-Charge
arising out of technical necessity.

The above provisions shall be applicable for item rate tenders only and not applicable for
percentage rate tenders for works based on standard schedule of rates of the company.

For the purpose of operation, the following works shall be treated as works related to foundation,
unless otherwise defined in the contract.
a) For Buildings: All works up to 1.2 metres above ground level or up to floor 1 level whichever is
lower.
b) For abutments, piers and well steining: All works up to 1.2m above the bed level.
c) For retaining walls, wing walls, compound walls, chimneys, overhead reservoirs / tanks and
other elevated structures: all works up to 1.2 metres above the ground level.
d) For reservoirs / tanks (other than overhead reservoirs / tanks): All works up to 1.2 metres
above the ground level.
e) For basement: all works up to 1.2m above ground level or up to floor 1 level whichever is lower.
For Roads, all items of excavation and filling including treatment of sub base

5.7 The time of completion of the originally contracted work shall be extended by the company in
the event of any deviation resulting in additional cost over the awarded value, if requested by the
contractor as follows: -
(i) In the proportion which the additional cost of the altered, additional or substituted work (in
value) bears to the original tendered value plus.

(ii) 25% of the time calculated in (i) above or such further additional time as may be considered
reasonable by the Engineer-in-Charge.

5.8 The company through its Engineer-in-Charge or his representative, on behalf of the company,
shall have power to omit any part of the work in case of non-availability of a portion of the site or
for any other reason and the contractor shall be bound to carry out the rest of the work in
accordance with the instructions given by the Engineer-in-Charge. No claim from the Contractor
shall be entertained/ accepted on these grounds.

5.9 In the event of any deviation being ordered which in the opinion of the contractor changes
radically the original scope/nature of the contract, the contractor shall under no circumstances
suspend the work, either original or altered or substituted, and the dispute/disagreement as to the
nature of deviation and the rate/rates to be paid for such deviations shall be resolved separately
with the company as per the procedures/ norms laid down hereafter.

6. Time for Completion of Contract, Extension thereof, Defaults and Compensation for
 44
CONDITIONS OF CONTRACT
Delay

Time is the essence of the contract and as such all works shall be completed within the time
stipulated in the contract/ work order. The work shall, throughout the stipulated period of
contract, be carried out with all due diligence on the part of the contractor.
Immediately after the contract is concluded i.e. LOA / Work Order is issued, the Engineer-
in-Charge and the contractor shall agree upon a detailed time and progress chart prepared
based on BAR CHART/ PERT CPM (as per requirement) techniques on the basis of a work
schedule submitted by the contractor at the time of executing contract showing the order in
which the work is proposed to be carried out within the time specified in the LOA /work
order.
For the purpose of this detailed time and progress chart, the work shall be deemed to have
commenced on the expiry of 10 (ten) days from the issue of Letter of Acceptance of Tender
or 7(seven) days after handing over the site of work or handing over reasonable number of
working drawings to the contractor or the period of mobilization allowed in the work order
for starting the work in special circumstances, whichever is later. However, the Date of
Commencement may be decided with mutual consent with the Contractor prior to the date
as prescribed above.

* For Specialized Works/ High Value Works (above Rs. 5 crores), the period shall be 30
days.

6.1 If the contractor, without reasonable cause or valid reasons, commits default in commencing
the work within the aforesaid time limit, the company shall, without prejudice to any other right
or remedy, be at liberty, by giving 15 day’s notice in writing to the contractor to commence the
work, failing which to forfeit the Earnest Money deposited by him and to rescind the Letter of
Acceptance of Tender/Work Order and also to debar the contractor to take part in the future re-
tender.

The Company may debar such defaulting Contractors from participating in future Tenders
for a minimum period of 12(twelve) months.

6.2 If the contractor fails to complete the work and clear the site on or before the date of
completion or extended date of completion, he shall without prejudice to any other right or
remedy available under the law to the company on account of such breach, pay as compensation
(Liquidated Damages):

i) @ half percent (½ %) of the contract amount/Revised Contract amount whichever is less, per
week of delay.
OR
ii) ½ % of the contract-value of group of items/revised completion value of group of items
whichever is less, per week of delay, for which a separate period of completion is originally given.

The aggregate of such compensation/ compensations shall not exceed:

i) 10% (ten) percent of the total amount of the contract/ Revised contract amount, whichever is
less.
OR
ii) 10% of the contract-value of group of items/ revised completion value of group of items
whichever is less, for which a separate period of completion is originally given.

The amount of compensation may be adjusted or set off against any sum payable to the
contractor under this or any other contract with the company.

6.2.1 The company, if satisfied, that the works can be completed by the contractor within a
reasonable time after the specified time of completion, may allow further extension of time at its
 45
CONDITIONS OF CONTRACT
discretion with or without the levy of L.D. In the event of extension granted being with L.D, the
company will be entitled without prejudice to any other right or remedy available in that behalf,
to recover from the contractor as agreed damages equivalent to half percent of the contract value
of the works for each week or part of the week subject to a ceiling as described at Clause 6.2.

6.2.2 The company, if not satisfied that the works can be completed by the contractor, and in the
event of failure on the part of the contractor to complete work within further extension of time
allowed as aforesaid, shall be entitled, without prejudice to any other right, or remedy available
in that behalf, to rescind the contract.

6.2.3 The company, if not satisfied with the progress of the contract and in the event of failure of
the contractor to recoup the delays in the mutually agreed time frame, shall be entitled to
terminate the contract.

6.2.4 In the event of such termination of the contract as described in clauses 6.2.2 or 6.2.3 or
both, the company, shall be entitled to impose penalty/LD as deliberated at Clause 10.
Additionally, the contractor shall be debarred from participating in the future tenders for a
minimum period of 12 months.

In the event of recovery of any claim towards LD charges, penalty, fee, fine or any other charges
from the supplier/vendor, the same will be recovered along with the applicable GST and the
amount shall be adjusted with the payment to be made to the supplier/vendor against their
bill/invoice or any other dues.

Further Earnest Money/Performance Security forfeited will be inclusive of GST.

6.3 The company may at its sole discretion, waive the payment of compensation on request
received from the contractor indicating valid and acceptable reasons if the entire work is
completed within the date as specified in the contract/work order or as validly extended date
without stipulating any compensation for delay.

6.4 Extension of Contract Time for completion

A. Force Majeure (FM): Conditions beyond control of either parties like war, hostility, acts
of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epi-
demics, strikes, lockouts or acts of God come under the legal concept of Force Majeure (FM).
Delays in performance of contractual obligations under influence of FM conditions are con-
donable by the other party without any right to termination or damages, provided, notice of
the happening of any such event is given by the affected party to the other within 30 (thirty)
days from the date of occurrence duly certified by the local chamber of commerce or statu-
tory authorities, the beginning and end of FM occurrence and cessation of such Force Maje-
ure condition. Works under the contract shall be resumed as soon as practicable after such
event has come to an end or ceased to exist.
For delays arising out of Force Majeure, the bidder / contractor will not claim extension in
completion date for a period exceeding the period of delay attributable to the clauses of
Force Majeure and neither company shall be liable to pay nor bidder / contractor shall be
liable to claim extra cost (like increase in rates, remobilization advance, idle charges for la-
bour and materials etc.) provided it is mutually established that Force majeure conditions
did actually exists.
B. Delays in Execution

A work may be completed ahead of schedule or delayed due to unforeseen fortuitous cir-
cumstances, extra effort or developments beyond the control of CIL/Subsidiary or the ten-
derer and it is sometimes difficult to apportion credit or responsibility. The contractor may
experience delay or disruption due to his own actions or inaction, those of his sub-
contractor or other contractors, those of CIL/Subsidiary or the engineer, or other causes.
 46
CONDITIONS OF CONTRACT
Such delays expose the non-performing party to various sanctions under the contract.
These sanctions include extension of time, damages or default termination of the contract.
While examining the request of the contractor for extension of time, the engineer shall con-
sider all circumstances and categorise the delays as follows:
a) Excusable delays - Force Majeure (FM), that is, acts of God, abnormal weather, floods, and
so on, applies;
b) Compensable delays – or Compensation Events, which put full burden of responsibility
on CIL/Subsidiary; and
c) Inexcusable delay (contractor’s own faults), which puts the full burden of responsibility
on the contractor.
d) Concurrent delays - when two or more events responsible for delay overlap each other.
The delays may be attributable to CIL/Subsidiary or the contractor or none, and fall in
above categories. The eligibility for extension of time (EOT) should be determined by plot-
ting each contributing concurrent delay on the critical path. CIL/Subsidiary should see that
the concurrent delays do not result in unnecessary extra extension of time.
C. Once the delay is categorized, it should then be determined not only whether the contrac-
tor is eligible for time extension but also whether sanctions, such as Liquidated Damage
(LD) or default termination, can be imposed on the contractor.

D. The time for completion of the work will be specified in the contract and it is understood
that the completion of work within the time specified is an essential part of this contract.
While ascertaining the reasons for delay beyond the control of the control of contractor, the
following delays shall be considered as “Hindrance”:-

a. Excusable delays
b. Compensable delays
c. Portion of Concurrent delays to be decided judiciously by the EIC.

E. More precisely, if any delay in the completion of the work is likely to be caused by any of
the following reasons, then the contractor immediately upon the occurrence of such delay
shall give notice in writing to the Engineer-in-Charge and he shall be allowed a reasonable
extension of time for completion in respect of delay caused by any of the below-mentioned
circumstances-

a) Force Majeure as defined at 6.4(A);

b) Abnormally bad weather.
c) Non-availability of stores which are the responsibility of the company to supply as per
contract.
d) Non-availability of working drawings in time, which are to be made available by the
company as per contract during progress of the work.
e) Delay on the part of the contractors or tradesmen engaged by the company not forming
part of the contract, holding up further progress of the work.
f) Non-availability or breakdown of tools and plant to be made available or made available
by the company.
g) The execution of any modified or additional items of work or excess quantity of work.
h) Any other causes which, at the sole discretion of the company, is beyond the control of
the contractor
i) Delay caused by any written instruction of the Engineer in Charge.
j) Any circumstances which are wholly beyond the control of the contractor and unavoida-
ble
k) Increase in the overall value of work. The time of completion of the work shall, in the
event of any deviation resulting in additional cost over the tendered value sum being or-
dered, be extended, if requested by the contractor as follows:
i. In the proportion which the additional cost of the altered, additional or substituted work,
 47
CONDITIONS OF CONTRACT
bears to the original tendered value plus.
ii. 25% of the time calculated in i) above or such further additional time as may be consi-
dered reasonable by the Engineer -in –Charge.
k) Portion of Concurrent delays as decided judiciously by the EIC

F. HINDERANCE REGISTER shall be maintained by both department and the contractor at

site to record the various hindrances encountered during the course of execution.
Hindrance register will be signed by both the parties. The contractor may also record his
observations in the Hindrance Register. In case the contractor has a different opinion for
hindrance and a dispute arises then the matter would be referred to the EIC and or the next
higher authority whose decision would be final & binding on the contractor & the decision
to be communicated within 15 days.

G. Interim Extension of completion time may be granted by Tender Accepting Authority li-
mited to GM(EXCV)/HOD for HQ works and Area GM for area works as per provision of
clause 6.4.1 below, based on the recommendation of the Engineer-in-Charge of the work
during the course of execution of work reserving the right to impose/waive the clause relat-
ing to compensation for delay at the time of granting final extension of time depending upon
the merit of the case. Final Extension of completion time is to be granted by Tender Approv-
ing Authority limited to CMD of CIL/ Subsidiary.

6.4.1 General Principles for Granting Extension of Time

i) At the time of issuing notice inviting tenders for a particular work the Engineer-in-Charge
should specify the time allowed for completion of the work consistent with the magnitude
and urgency of the work.
ii) The time allowed for carrying out the work as entered in the contract shall be strictly ob-
served by the contractor and shall be reckoned from the Date of Commencement of the
work as given to the contractor.
iii) The work shall throughout the stipulated period of the contract be proceeded with all
due diligence (time being deemed to be the essence of the contract) on the part of the con-
tractor.
iv) To ensure good progress of work during the execution, the contractor shall meticulously
follow the preset time and progress chart and in the event of slippages in one segment, all
efforts will be made to liquidate the slippages in the next stages.
v) If the contractor shall desire an extension of time for completion of work on the grounds
of his having been unavoidably hindered in its execution or on any other grounds as men-
tioned above shall make application to Engineer-In-Charge for extension of contract within
a reasonable period prior to expiry of Contract Period (Preferably not later than 15 days
prior to expiry of Contract Period). Engineer-In-Charge shall process the proposal based on
the merit of the case for obtaining approval of Competent Authority. Such extension shall be
communicated to the contractor in writing by the company through Engineer-in-Charge be-
fore the expiry of Contract Period.
vi) Engineer-in-Charge shall process extension of time for the completion of the work if the
following conditions are satisfied:
a) The contractor must apply to the Engineer-in-Charge in writing for extension of time.
b) Such application must state the grounds which hindered the contractor in the execution
of the work within the stipulated time.
c) Such application must be made within a reasonable period prior to expiry of Contract Pe-
riod (Preferably not later than 15 days prior to expiry of Contract Period).
d) The Engineer-in-Charge must be of the opinion that the grounds shown for the extension
of time are reasonable.
Vii) Deleted
viii) The opinion of the Engineer-in-Charge, whether the grounds shown for the extension of
time are or not reasonable, is final. If the Engineer-in-Charge is of the opinion that the
 48
CONDITIONS OF CONTRACT
grounds shown by the contractor are not reasonable and declines to process the extension
of time, the contractor may approach concerned SO( C) /GM ( C) /Director ( As the case may
be) whose opinion shall be final and binding on all concerned.
ix) All interim extensions of time shall be granted by Tender Accepting Authority limited to
GM(EXCV)/HoD for HQ works and Area GM for area works and all final extension of time
shall be granted by Tender Accepting Authority limited to Chairman/ CMD of CIL/ Subsidi-
ary.
Effort should be made to complete the work within the original contract period or extended
period.
x) In case the contractor does not apply for grant of extension of time before the expiry of
contract period and the department wants the contractor to continue with the work beyond
the stipulated date of completion, the Engineer-in-Charge can process proposal for exten-
sion of time even in the absence of application from the contractor as per the following
guidelines :
a) Whenever any hindrance comes to the notice of the In Charge of the work, he should at
once make a note of such hindrance in the register kept at site. He should also make a report
to EIC of the occurrence of such hindrance.
b) The proposal for extension of time should be processed by EIC for obtaining the approval
of Competent Authority ( Ref Cl (ix) above . This should be processed preferably 15 days
prior to the expiry of Contract Period.
c) If the orders of the higher authority are not received in time, he should extend the con-
tract before the stipulated date actually expires so that the contract might remain in force
but while communicating this extension of time, he must inform the contractor that this was
without prejudice to Company's right to levy compensation under relevant clause of the
agreement. Such extension of time given by EIC shall be considered as fait-accompli in fu-
ture.
xi) The period during which the contract remains valid is a matter of agreement and if the
period originally set for the completion of the work comes to an end nothing short of
agreement of the party can extend the subsistence and validity of the contract.
xii) When the period fixed for the completion of the contract is about to expire, the question
of extension of the contract may be considered at the instance of the contractor or the De-
partment or of both.
The extension, in order to be binding, will have to be by parties’ agreement, express or im-
plied.
It therefore, follows that if the extension of time is issued /granted by the Engineer-in-
Charge suo-moto as per provisions of Contract Agreement as per Cl 6.4.1(x) and such exten-
sion of time is accepted by the contractor, either expressly or implied by his actions before
and subsequent to the date of completion, the extension of time granted by the Engineer-in-
Charge is valid.
xiii) It is, therefore, necessary that the Engineer-in-Charge grants extension of time as per
provisions of the contract even when the contractor does not apply for extension of time in
order to keep the contract alive. If the contractor refuses to act upon the extension so
granted by Engineer-in-Charge, it will attract the provisions of appropriate clauses of the
agreement.
The contractor shall however use his best efforts to prevent or make good the delay by
putting his endeavors constantly as may be reasonably required of him to the satisfaction of
the Engineer-in-Charge.

7. Material Supply & other facilities:

The contractor shall at his own expense, provide all materials required for the work, unless
otherwise specified, and the rates quoted by the contractor shall be for finished work inclusive of
all materials required for completion of the work as specified in the contract.
7.1 All materials, tools, PPE and plants brought to site by the contractor including the ma-
terials supplied by the company shall be deemed to be held in lien by the company and
 49
CONDITIONS OF CONTRACT
the contractor shall not have the right to remove the same from the site, without the
written permission of the Engineer-in-Charge. The company shall not however be liable
for any loss, theft or damage due to fire or other cause during this period of lien, the re-
sponsibility for which shall lie entirely on the contractor.
7.2 The contractor shall bear the cost of loading, transportation to site, unloading, storing
under cover as required etc. as may be necessary for the use and keeping the materials in
good condition.
7.3 All charges on account of GST or any other applicable taxes, duties or levies on mate-
rials obtained for the works from any source (excluding materials supplied by the
company) shall be borne by the contractor.

8. Quality Assurance - Materials and Workmanship

The contractor shall carry out and complete the work in every respect in accordance
with the contract and shall ensure that the work conforms strictly to the drawings /
specifications, if any and instructions of the Engineer-in-Charge. The Engineer-in-
Charge may issue, from time to time, further drawings/ detailed instructions/
directions in writing to the contractor. All such drawings/ instructions/directions
shall be consistent with the contract documents and should be reasonably inferable
there from, along with clarifications/ explanations.

8.1 For Quality Assurances of all the repairing works the norms/ guidelines laid down by
the company herein and elsewhere will form part of the contract for the purpose of
quality of works.
8.2 The contractor shall be responsible for correct and complete execution of the work in
a workman like manner with the materials as per specification. All work under execution
in pursuance of the contract shall be open to inspection and supervision by the Engi-
neer-in-Charge or by his authorized representative or any other official of higher rank or
any other person authorized by the company in his behalf & the contractor shall allow
the same.

8.3 All materials to be provided by the contractor shall be in conformity with the specifi-
cations as per the contract and the contractor shall furnish proof, if so required by the
Engineer-in-Charge to his satisfaction that the materials do so comply.

8.4 The company, through the Engineer-in-Charge, shall have full powers to reject any
materials or work due to a defect therein for not conforming to the required specifi-
cation, or for materials not being of the required quality and standard or for reasons
of poor workmanship
or

for not being in accordance with the sample approved by him. The contractor shall
forthwith remedy the defect/replace the materials at his expense.

In case of default on the part of the contractor, the Engineer-in-Charge shall be at

liberty to procure the proper materials for replacement and/or to carry out the
rectifications in any manner considered advisable under the circumstances and the
entire cost & delay for such procurement/rectification shall be borne by the
contractor.
 50
CONDITIONS OF CONTRACT
8.5 The Engineer-in-Charge shall be entitled to have tests carried out for any materials,
according to the standard practice followed for such tests, other than those for which
satisfactory proof has already been furnished by the contractor who shall provide at
his expense all facilities which the Engineer-in-Charge may require for the purpose.
All such expenses born by the contractor are not to be paid separately by the em-
ployer and shall be assumed covered in accepted prices.

The cost of any other tests, if so required by the Engineer-in-Charge, shall be borne
by the company. However if the test shows the workmanship or materials not to be
in accordance with the provision of the contract or the instruction of Engineer-in-
Charge the cost shall be borne by the contractor.

8.6 Access to the works: The Engineer-in-charge and any person authorized by the com-
pany shall at all times have access to the works and to all workshops and places
where work is being prepared or from where materials, manufactured articles are be-
ing obtained for the works and the contractor shall afford every facility for and every
assistance in or in obtaining the right to such access.

8.7 Inspection of works:

i) No work shall be covered up or put out of view without the approval of the Engineer-
in-charge or the Engineer-in-charge's representative or any other officer nominated by
the company for the purpose and the contractor shall afford full opportunity for the EIC
or EIC’s representative or any other officer nominated by the company for the purpose
to examine and measure any work which is about to be covered up or put out of view
and to examine.

ii) The contractor shall uncover any part or parts of the works or making openings in or
through the same as the Engineer-in-Charge may from time to time direct and shall
reinstate and make good such part or parts to the satisfaction of Engineer-in-charge.

8.8 Removal of Improper Work and Materials:

i) The Engineer-in-charge shall during the progress of the works have power to order in
writing from time to time:

a) The removal from the site, of any materials which in the opinion of Engineer-in-
charge, are not in accordance with the contract/ work order/ approved sample.

b) The substitution with improper and unsuitable materials.

c) The removal and proper re-execution, notwithstanding any previous test thereof or
interim payment there from, of any work which in respect of materials or workmanship
is not in accordance with the contract.

ii) In case of default on the part of the contractor in carrying out such order, the
Engineer-in -charge shall be entitled to employ and pay other agency to carry out the
same and all expenses consequent thereon shall be recoverable from the contractor or
may be deducted from any amount due or which may become due to the contractor.

8.9 Final Inspection of Work: The Engineer-in-charge and any other officer nominated
by the company for the purpose shall make final inspection of all work included in
 51
CONDITIONS OF CONTRACT
the contract/work order, or any portion thereof, or any completed part of the work of
the contract, as soon as practicable after notification by the contractor that the work
is completed and ready for acceptance.

If the work is not acceptable to the Engineer-in-charge at the time of such inspection,
he shall inform the contractor in writing as to the particular defects to be remedied
before final acceptance can be made. (Place of inspection prevail the condition of
concerned work-order.)

8.10 Defects appearing after acceptance: Any defects which may appear within the de-
fect liability period and arising, in the opinion of the Engineer-in-charge, from lack of
conformance with the specifications, shall, if so required by the Engineer-in-charge
in writing, be remedied by the contractor at his own cost within the time stipulated
by the Engineer-in-charge. If the contractor fails to comply, the Engineer-in-charge
may employ other persons to remedy the defects and recover the cost thereof from
the dues of the contractor.
8.11 Storage of Materials: Materials shall be so stored as to ensure the preservation of
the quality and fitness for the work.
8.12 Defective Materials: All materials not conforming to the requirements of the speci-
fications shall be considered as defective, and all such materials, whether in place or
not shall be rejected. They shall be removed immediately by the contractor at his ex-
penses and replaced with acceptable material.

9. Measurement and Payments

Except where any general or detailed description of the work in the Bill of Quantities or specifi-
cations of the contract/ work order provides otherwise, measurement of work done shall be
taken in accordance with the relevant standard method of measurement published by the Bu-
reau of Indian Standards (BIS) and if not covered by the above, other relevant Stan-
dards/practices shall be followed as per instructions of the Engineer-in-Charge.

9.1 All items of work carried out by the contractor in accordance with the provision of the con-
tract having a financial value shall be entered in the Measurement Book/log book as prescribed
by the company so that a complete record of the measurements/inspection is available for all
the works executed under the contract and the value of the work executed can be ascertained
and determined there from. Measurements/inspection of completed work / portion of com-
pleted work shall be recorded only in the Measurement Books/log books.

9.2 Measurement/inspection shall be taken jointly by the Engineer-in-Charge or his authorized

representative and by the contractor or his authorized representative.

9.3 Before taking measurements/inspection of any work, the Engineer-in-Charge or the person
deputed by him for the purpose shall intimate the contractor to attend or to send his represent-
ative to attend the measurement. Every measurements/inspection thus taken shall be signed
and dated by both the parties on the site on completion of the measurement. If the contractor
objects to any measurements/inspection, a note to that effect shall be made in the Measurement
Book / Log Book and signed and dated by both the parties.

9.4 The measurement/inspection of the portion of work/items of work objected to, shall be re-
measured/re-inspected by the Engineer-in-Charge himself or the authority nominated by the
company for the purpose in the presence of the contractor or his authorized representative and
recorded in the log book. Which Shall be signed and dated by both parties. Measure-
ment/inspection so recorded shall be final and binding upon the contractor and no claim what-
soever shall thereafter be entertained.
 52
CONDITIONS OF CONTRACT
In case the contractor or his authorized representative does not attend to the joint
measurements/inspection at the prefixed date and time after due notice, the measurements taken
by the Engineer-in-Charge or his representative shall be final and binding on the contractor.

9.5 Payments: The running on account payments may be made once in a month or at intervals
stipulated in the work order/ contract agreement.
9.5.1 Running on account bill/bills for the work executed/ materials supplied in accordance
with the work order/contract as described herein before and processed for payments.
9.5.2 Payment of on account bill shall be made on the Engineer-in-Charge's certifying the sum
to which the contractor is considered entitled by way of interim payment (if any) for the
following:
a) The work executed as covered by the bill/bills after deducting the amount already
paid, the security deposit and such other amounts as may be deductible or recoverable
in terms of the work order/ contract (as per work order).
b) On the Engineer-in-Charge's certificate of completion in respect of the work covered
by the contract / work order final work certified by the Engineer In Charge or his
representative.
9.5.3 The company reserve the right to recover/enforce recovery of any overpayments de-
tected after the payment as a result of post payment audit or technical examination or by
any other means, notwithstanding the fact that the amount of disputed claims, if any, of
the contractor exceeds the amount of such overpayment and irrespective of the facts
whether such disputed claims of the contractor are the subject matter of arbitration or
not.
The amount of such overpayments shall be recovered from subsequent bills under the
contract, failing that from contractor's claim under any other contract with the company
or form the contractor's security deposit or the contractor shall pay the amount of over
payment on demand. In case of contractor's non-payment on such demand, the same
should be realised from the contractor's dues, if any, with Coal India Limited or any of its
subsidiaries.

9.5.4 The contractors are required to execute all works satisfactorily and according to the
specifications laid down in the contract/ work order. If certain items of work, executed by
the contractor, are below specifications, the contractor should re-do them according to
the specifications and instructions of EIC and if the contractor fails to rectify the defect
within the time and in the manner specified by the EIC, the work shall be got re-done or
rectified by the department at the risk and cost of the contractor. Engineer-in-Charge
may accept such work of below specifications provided the department, if satisfied with
the quality and the strength/ structural safety of such works. In that case Engineer-in-
Charge shall make such deductions for the difference in value, as in his opinion is rea-
sonable and is approved by the accepting authority of the company i.e.
GM/SO(Excavation) of the company in this case or any other officer nominated by
GM/SO(Excavation) for the purpose.

9.5.5Payment Stage: The payment stage involved will be as under,

i. Signature of Section In-charge (Concerned Section) with appropriate check measure-

ments in MB’s/ log book and the bill form.

ii. Signature of Engineer-in-Charge as per definition as at clause 1(vi) of the General Terms
and Conditions, as a token of acceptance for payment of the bill. The EIC may sign in the
abstract of the bill in the MB/log book & the bill form. In between stage i) and ii) account-
able checking may be made by the concerned Accounts Officer/ Accountant, if MB is pre-
pared.

9.6 No interest shall be payable on the amounts withheld, under the terms of the Contract Agree-
ment/Work-order.
 53
CONDITIONS OF CONTRACT

10 Termination, Cancellation, Suspension and Foreclosure of Contract

The company shall, in addition to other remedial steps to be taken as provided in the conditions
of contract be entitled to cancel the contract in full or in part, and whether the date of completion
has or has not elapsed, by notice in writing if the contractor: -

a) makes default in proceeding with the works with due diligence and continues to do so even
after a notice in writing from the Engineer-in-Charge, then on the expiry of the period as
specified in the notice
Or
b) commits default/breach in complying with any of the terms and conditions of the contract and
does not remedy it or fails to take effective steps for the remedy to the satisfaction of the
Engineer-in-Charge, then on the expiry of the period as may be specified by the Engineer-in-
Charge in a notice in writing.
Or
c) obtains a contract with the company as a result of ring tendering or other non-bonafide
methods of competitive tendering
Or
d) shall offer or give or agree to give any person in the service of the company or to any other
person on his behalf any gift or consideration of any kind as an inducement or reward for
act/acts of favour in relation to the obtaining or execution of this or any other contract for his
company.
Or
e) fails to complete the work or items of work with individual dates of completion, on or before
the date/dates of completion or as extended by the company, then on the expiry of the period as
may be specified by the Engineer-in-Charge in a notice in writing.
Or
f) Transfers, sublets, assigns the entire work or any portion thereof without the prior approval in
writing from the Engineer-in-Charge. The Engineer-in-Charge may by giving a written notice,
cancel the whole contract or portion of it in default.
Or
g) breach of the prohibition against sub-contracting
Or
h) Committed fraud

However, the contractor shall continue to fulfil the contract to the extent not terminated.

10.1 The contract shall also stand terminated under any of the following circumstances:
a) If the contractor being an individual in the case of proprietary concern or in the case of a
partnership firm any of its partners is declared insolvent under the provisions of Insolvency
Act for the time being in force, or makes any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors amounting to proceedings for
liquidation or composition under any Insolvency Act.
b) In the case of the contractor being a company, its affairs are under liquidation either by a
resolution passed by the contractors company or by an order of court, not being a voluntary
liquidation proceedings for the purpose of amalgamation or reorganization, or a receiver or
manager is appointed by the court on the application by the debenture holders of the
contractor's company, if any.
c) If the contractor shall suffer an execution being levied on his/their goods, estates and allow it
to be continued for a period of 21 (twenty-one) days.
d) On the death of the contractor being a proprietary concern or of any of the partners in the
case of a partnership concern and the company is not satisfied that the legal representative of
the deceased proprietor or the other surviving partners of the partnership concern are
capable of carrying out and completing the contract. The decision of the company in this
respect shall be final and binding which is to be intimated in writing to the legal
representative or to the partnership concern.

10.2 On cancellation of the contract or on termination of the contract, the Engineer-in-charge

shall have powers:
 54
CONDITIONS OF CONTRACT
a. To take possession of the site, any materials, constructional plant, equipment, stores etc.
thereon and carry out balance work through any means or through any other agency.

b. To give the contractor or his representative of the work 7 (seven) days notice in writing for
taking final measurement for the works executed till the date of cancellation or termination of
the contract. The Engineer-in-Charge shall fix the time for taking such final measurement and
intimate the contractor in writing. The final measurement shall be carried out at the said ap-
pointed time notwithstanding whether the contractor is present or not. Any claim as regards
measurement which the contractor is to make shall be made in writing within 7 (seven) days
of taking final measurement by Engineer-In-charge as aforesaid and if no such claim is re-
ceived, the contractor shall be deemed to have waived all claims regarding above measure-
ments and any claim made thereafter shall not be entertained.

c. After giving notice to the contractor to measure up the work of the contractor and to take
such whole or the balance or part thereof, as shall be unexecuted out of his hands and to give it
to another contractor or take up departmentally, to complete the work. The contractor whose
contract is terminated shall not be allowed to participate in future bidding for period of mini-
mum twelve months.

In such an event, the contractor shall be liable for loss/damage suffered by the employer be-
cause of action under this clause and to compensate for this loss or damage, the employer
shall be entitled to recover higher of the following:

i) Forfeiture of security deposit comprising of performance guarantee and retention money

and additional performance security, if any, at the disposal of the employer.
Or
ii) 20% of value of incomplete work. The value of the incomplete work shall be calculated for
the items and quantities remaining incomplete (as per provision of agreement) at the agree-
ment rates including price variation as applicable on the date, when notice in writing for ter-
mination of work was issued to the contractor.

The amount to be recovered from the contractor as determined above, shall, without preju-
dice to any other right or remedy available to the employer as per law or as per agreement,
will be recovered from any money due to the contractor on any account or under any other
contract and in the event of any shortfall, the contractor shall be liable to pay the same within
30 days. In case of failure to pay the same the amount shall be debt payable.

In the event of above course being adopted by the Engineer-in-charge, the contractor shall
have no claim to compensation for any loss sustained by him by reasons of his having pur-
chased materials, equipment or entered into agreement or made advances on any account or
with a view to the execution of work or performance of the contract. And in case action is tak-
en under any of provision aforesaid, the contractor shall not be entitled to recover or to be
paid any sum for any work thereof or actually performed under this contract unless and until
the engineer-in-charge has certified in writing the performance of such work and value paya-
ble in respect thereof and he shall only be entitled to be paid the value so certified.

The need for determination of the amount of recovery of any extra cost/expenditure or of any
loss/damage suffered by the company shall not however arise in the case of termination of the
contract for death/demise of the contractor as stated in 10.1(d).

10.3 Suspension of Work:

Suspension of work – The Company shall have power to suspend the work. The contractor shall
on receipt of the order in writing of Engineer-in -charge (whose decision shall be final and
binding on the contractor), suspend the progress of work or any part thereof for such time in
such manner as the Engineer-in-Charge may consider necessary so as not to cause any damage,
or endanger the safety thereof for any of the following reasons:
a) on account of any default on the part of the contractor, or
 55
CONDITIONS OF CONTRACT
b) for proper execution of the works, or part thereof, for reasons other than the default of
the contractor or,
c) for safety of the works, or part thereof.
The contractor shall, during such suspension properly protect and ensure the works to the extent
necessary and carry out the instruction of the Engineer-in-charge. If the suspension is ordered
for reasons (b) & (c), the contractor shall be entitled to an extension of time equal to the period
of every such suspension plus 25%. This shall also be applicable for completion of the item or
group of items of the work for which a separate period of completion as specified in the contract
and of which the suspended work forms a part.

The contractor shall carry out the instructions given in this respect by the Engineer-In Charge &
if such suspension exceeds 45 (forty-five) days, the contractor will be compensated on mutually
agreed terms.

10.4 Foreclosure of contract:

If at any time after acceptance of the tender the company decides to abandon or reduce the scope
of work for any reason whatsoever the company, through its Engineer-in-Charge, shall give
notice in writing to that effect to the contractor and contractor shall act accordingly in the matter.
In the event of abandonment, the contractor shall have no claim to any payment of compensation
or otherwise whatsoever, other than those mentioned below: -
a) to pay the contractor at the contract rates full amount for works executed and measured at
site up to the date of such abandonment.
b) to pay for the materials brought to site or to be delivered at site, which the contractor is
legally liable to pay, for the purpose of consumption in works carried out or were to be
carried out but for the foreclosure, including the cost of purchase and transportation and cost
of delivery of such materials. The materials to be taken over by the company should be in
good condition and the company may allow at its discretion the contractor to retain the
materials in full or in part if so desired by him and to be transported by the contractor from
site to his place at his own cost with due permission of the EIC.
c) to take back the materials issued by the company but remaining unused, if any, in the work
on the date of abandonment/reduction in the work, at the original issue price less allowance
for any deterioration or damage caused while in custody of the contractor.
d) to pay for the transportation of tools and plants of the contractor from site to contractor's
place or to any other destination, whichever is less.

10.4.01 The contractor shall, if required by the Engineer-in-Charge, furnish to him books of
accounts, papers, and relevant documents as may be necessary to enable the Engineer-in-Charge
to assess the amounts payable in terms of clauses 10.4 of the contract. The contractor shall not
have any claim for compensation for abandonment of the work, other than those as specified
above.

11. Carrying out Part Work at Risk & Cost of Contractor.

If the progress of the work or of any portion of the work is unsatisfactory, the Engineer-in-
Charge, after giving the contractor 15 days’ notice in writing, without cancelling or termi-
nating the contract, shall be entitled to employ another Agency for executing the job or to
carry out the work departmentally or contractually through tendering / limited tendering
process, either wholly or partly, debiting the contractor with cost involved in engaging
another Agency or with the cost of labour and the prices of materials, as the case may be.
The certificate to be issued by the Engineer-in-Charge for the cost of the work so done shall
be final and conclusive and the extra cost, if any, shall be borne by the contractor. However,
when this clause is invoked, penalty will not be applicable other than on account of delayed
completion.
The value of the work taken away shall be calculated for the items and quantities taken
away at the agreement rates including price variation as applicable on the date, when notice
in writing for taking away part work was issued to the contractor. The contractor, from
 56
CONDITIONS OF CONTRACT
whom part work is being taken out, shall not be allowed to participate in the tendering
process if any.
If the expenses incurred by the department is less than the amount payable to the contrac-
tor at his agreement rates, the difference shall not be payable to the contractor.
In the event of above course being adopted by the Engineer-in-Charge, the contractor shall
have no claim to compensation for any loss sustained by him by reasons of his having pur-
chased or procured any materials or entered into any engagements or made any advance on
any account or with a view to the execution of the work or the performance of the contract.
Note: In this case, the provisions like SPLT (Refer Clause No. 4.01.11 of Part I of MCEW) may
be resorted to by CIL/ Subsidiary.

12. Additional Responsibilities of the Contractor(s)

The cost on account of the "Additional Responsibilities of the Contractors" under this
clause is deemed to be included in the tendered rates.

i) The company reserves the rights to let other contractors also work in connection
with the Project and the contractor/contractors shall co-operate in the works for
the introduction and stores and materials and execution of his /their works.
ii) Precautions shall be exercised at all times by the contractor(s) for the protection
of persons (including employees) and property. The safety required or recom-
mended by all applicable laws, the contractor(s) shall observe codes, statutes and
regulations. In case of accidents, the contractor(s) shall be responsible for compli-
ance with all the requirements imposed by the Workmen's Compensation Act or
any other similar laws in force and the contractor shall indemnify the company
against any claim on this account.

All scaffoldings, ladders and such other structures which the workmen are likely to
use shall be examined by the Engineer-in-Charge or his authorized representative
whenever they want and the structure must be strong, durable, and safe and of
such design as required by Engineer-in-Charge.

In no case any structure condemned by the Engineer-in-Charge or his authorized

representatives shall be kept on the work and such structure must be pulled down
within three hours of such condemnation and any certificate or instructions,
however, shall in no way absolve the contractor/contractors from his/their
responsibility, as an employer, as the company shall in no way be responsible for
any claim.

The contractor / contractors shall at all times exercises reasonable precautions

for the safety of employees in the performance of his/their contract and shall
comply with all applicable provisions of the safety laws drawn up by the State
Govt. or Central Govt. or Municipalities and other authorities in India. The
contractor/contractors shall comply with the provision of the safety handbook as
approved and amended from time to time by the Government of India.

iii) The contractor / contractors shall familiarize themselves with and be governed
by all laws and rules of India and Local statutes and orders and regulations
applicable to his/ their work.

iv) The contractor shall maintain all records as per the provision made in the various
 57
CONDITIONS OF CONTRACT
statutes including Contract Labour (Regulation & Abolition) Act, 1970 and the
Contract Labour (Regulation & Abolition) Central Rules, 1971, Minimum Wages
Act, Workmen Compensation Act etc. and latest amendment thereof. Such records
maintained by the contractor shall be opened for inspection by the Engineer-in-
Charge or by the nominated representative of the Principal Employer.

v) The contractor/ contractors shall provide facilities for the sanitary necessities of
all persons employed on the work shall be constructed and maintained in the
number, manner and place approved or ordered by the Engineer-in-Charge. The
contractor/ contractors shall vigorously prohibit committing of nuisance at any
other place. Cost of all works under this item shall be covered by the contrac-
tor/contractor's tendered rates.

vi) The contractor/contractors shall furnish to the Engineer-in-Charge or his author-

ized representative with work reports from time to time regarding the contractor
/ contractors organization and the progress made by him / them in the execution
of the work as per the contract.

vii) All duties, taxes (excluding Goods and Services Tax and GST Compensation Cess (If
applicable) only) and other levies, royalty, building and construction workers cess
(as applicable in States), whether local, municipal, provincial or central pertaining
to the contract payable by the bidder/Contractor under the Contract (during the
entire period of contract), or for any other cause as applicable on the last date of
submission of Bid, shall be included in the rates, prices and the total Bid Price
submitted by the Bidder. All investments, operating expenses, incidentals, over-
heads, lifts, carriages, tools and plants etc. as may be attendant upon execution and
completion of works shall also be included in the rates, prices and total Bid price
submitted by the bidder.

However, such duties, taxes, levies etc. which is notified after the last date of
submission of Bid and/or any increase over the rate existing on the last date of
submission of Bid shall be reimbursed by the company on production of
documentary evidence in support of payment actually made to the concerned
authorities.

Similarly if there is any decrease in such duties, taxes and levies the same shall
become recoverable from the contractor. The details of such duties, taxes and other
levies along with rates shall be declared by the bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies
but excluding GST & GST Compensation Cess, if applicable. The payment of GST
and GST Compensation Cess by service availer (i.e. CIL/Subsidiary) to
bidder/contractor (if GST payable by bidder/contractor) would be made only on
the latter submitting a Bill/invoice in accordance with the provision of relevant
GST Act and the rules made thereunder and after online filing of valid return on
GST portal. Payment of GST & GST Compensation Cess is responsibility of
 58
CONDITIONS OF CONTRACT
contractor.

However, in case bidder/contractor is GST unregistered bidder/dealer in

compliance with GST rules, the bidder/dealer shall not charge any GST and/or
GST Compensation Cess on bill/invoice. In such case, applicable GST will be
deposited by CIL/Subsidiary directly to concerned authorities.

Input tax credit is to be availed by paying authority as per rule.

If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input

services and Capital Goods or the ITC claimed is disallowed due to failure on the
part of supplier/vendor of goods and services in incorporating the tax invoice
issued to CIL/Subsidiary in its relevant returns under GST, payment of CGST &
SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the tax
authorities, issue of proper tax invoice or any other reason whatsoever, the
applicable taxes & cess paid based on such Tax invoice shall be recovered from
the current bills or any other dues of the supplier/vendor along with interest, if
any.

The rates and prices quoted by the Bidder shall be fixed for the duration of the
contract and shall not be subject to variations on any account except to the extent
variations allowed as per the conditions of the contract of the bidding document.

The company reserves the right to deduct/ withhold any amount towards taxes,
levies, etc. and to deal with such amount in terms of the provisions of the Statute
or in terms of the direction of any statutory authority and the company shall only
provide with certificate towards such deduction and shall not be responsible for
any reason whatsoever.

In case of collection of minor minerals in area (both virgin and non-virgin),

acquired by the Company under the Coal Act, the contractor will have to produce
a royalty clearance certificate from the District Authorities before full and final
payment.

Further, where any damages or compensation becomes payable by either the Company or
the bidder / contractor pursuant to any provision of this Agreement, appropriate GST whe-
rever applicable as per the GST provisions in force shall also apply in addition to such dam-
ages or compensation.

Note: During the execution of the contract if the GST status of the bidder changes,
then the payment of GST, if any, to the contractor will be made as per the GST status
declared by the bidder during tender stage based on which cost to company has
been ascertained or at actuals, whichever is lower.

viii) The contractor / contractors shall make his / their own arrangement for all mate-
rials, tools, staff and labourer required for the contract, which shall include cost of
lead, lift, loading, unloading, railway freight, recruiting expenses and any other
charges for the completion of the work to entire satisfaction of the company.
 59
CONDITIONS OF CONTRACT
ix) The contractor / contractors shall make their own arrangement for carriage of all
materials to the work site at his/their own cost or as mentioned in the work or-
der.
x) The work shall not be sublet to any other party, unless approved by Engineer-in-
Charge, in writing. Prior permission is required to be taken from the owner for
engagement of sub-contractor in part work/ piece rated work.

xi) The contractor / contractors shall not pay less than the minimum wages to the
labourer engaged by him/them as per Minimum Wages Act or such other legisla-
tion or award of the minimum wage fixed by the respective State Govt. or Central
Govt. as may be in force. The contractor / contractors shall make necessary pay-
ments of the provident fund for the workmen employed by him for the work as
per the laws prevailing under provisions of CMPF and allied scheme and Miscella-
neous Provisions Act, 1948 or Employees Provident Fund and Miscellaneous Pro-
visions Act 1952 as the case may be.

xii) All accounts shall be maintained properly and the company shall have the right of
access and inspection of all such books of accounts etc., relating to payment of la-
bourer including payment of provident fund considered necessary and the com-
pany may arrange for witnessing the payment to the labourer by its representa-
tives.

xiii) The contractor shall in additions to any indemnity provided by the relevant clauses
of the law, indemnify and keep indemnified for the following:

a) The company or any agent or employee of the company against any action, claim
or proceeding relating to infringement or use of any patent or design right and
shall pay any royalties or other charges which may be payable in respect of any
article or material included in the contract.
However, the amount so paid shall be reimbursed by the company in the event
such infringement has taken place in complying with the specific directions
issued by the company or the use of such article or material was the result of any
drawing and/or specifications issued by the company after submission of tender
by the contractor. The contractor must notify immediately after any claim being
made or any action brought against the company, or any agent or employee of
company in respect of any such matter.

b) The company against all claims, damages or compensation under the provisions of
payment of Wages Act, 1938, Minimum Wages Act, 1948, Employer's Liability Act,
1938, The Workmen's Compensation Act, 1923, Industrial Dispute Act, 1947,
Mines Act as applicable, Employees State Insurance Act 1948 and Maternity Bene-
fit Act, 1961, Acts regulating P.F. or any modification thereof or any other law re-
lating thereto and rules made there under from time to time, as may be applicable
to the contract which may arise out of or in consequence of the construction or
maintenance or performance of the work under the contract and also against
costs, charges and expenses of any suit, action or proceedings arising out of any
accident or injury.
 60
CONDITIONS OF CONTRACT

c) The company against all losses and claims for injuries or damages to any third
party or to any property belonging to any third party which may arise out of or in
consequence of the construction or maintenance or performance of the work un-
der the contract and against all claims/demands proceedings/damages, cost
charges and expenses whatsoever in respect of or in relation thereto

xiv) Insurance - The contractor shall take full responsibility to take all precautions to
prevent loss or damage to the works or part thereof for any reasons whatsoever
(except for reasons which are beyond control of the contractor or act of God, e.g.
flood, riots, war, earthquake, etc.) and shall at his own cost repair and make good
the loss/damage to the work so that on completion, the work shall be in good or-
der and condition and in conformity with the requirements of the contract and in-
structions of the Engineer-in-charge.

The contractor shall at all times during the tenure of the contract indemnify the
company against all claims, damages or compensation under the provision of the
Workmen's Compensation Act and shall take insurance policy covering all risk,
claims, damages, or compensation payable under the Workmen's Compensation
Act or under any other law relating thereto.

Compensation Act or under any other law relating thereto.

The contractor shall ensure that the insurance policy/ policies is/are kept alive
till full expiry of the contract by timely payment of premiums and it/they shall
not be cancelled without the approval of the company and a provision is made to
this effect in all policies, and similar insurance policies are also taken by his sub-
contractors if any. The cost of premium shall be borne by the contractor and it
shall be deemed to have been included in the tendered rate.

In the event of contractor’s failure to effect or to keep in force the insurance

referred to above or any other insurance which the contractor is required to
effect under the terms of the contract, the company may effect and keep in force
any such insurance and pay such premium/premiums as may be necessary for
that purpose from time to time and recover the amount thus paid from any
moneys due to the contractor.

xv) Setting Out: The contractor shall be responsible for the contract and proper set-
ting out of the works and correctness.
The contractor shall have all necessary instruments, appliances and labour in
connection therewith. If at any time during the progress of work any error is
detected in respect of any part of the work, the contractor on being required to do
so by the Engineer-in-Charge or his representative shall at the expenses of the
contractor rectify such errors to the satisfaction of Engineer-in-Charge unless
such error is due to incorrect data supplied by the Engineer-in-Charge.

xvi) On receipt of Letter of Acceptance of Tender / Work Order the contractor shall
 61
CONDITIONS OF CONTRACT
forthwith Register and obtain necessary License( if required) from the competent
authority under the Contract Labour (Regulation & Abolition) Act 1970,the Con-
tract Labour (Regulation & Abolition) Central Rules, 1971 and submit certified
copies of the same to the Engineer-in-Charge and the Principal Employer.

xvii) The contractor shall be registered with the concerned State Govt. and the Central
Govt. in respect of Sales Tax Act and the certificate having details of Registration
No., period of validity etc.

xviii) The contractor shall, in connection with works, provide and maintain, safety and
security of men and materials at his own cost.

13. Settlement of Disputes.

It is incumbent upon the contractor to avoid litigation and disputes during the course of
execution. However, if such disputes take place between the contractor and the department, effort
shall be made first to settle the disputes at the company level.

The contractor should make request in writing to the Engineer-in-charge for settlement of such
disputes/claims within 30 (thirty) days of arising of the cause of dispute/ claim failing which no
disputes/ claims of the contractor shall be entertained by the company.

Effort shall be made to resolve the dispute in two stages

In first stage dispute shall be referred to Area GM or GM/SO(Excv). If difference still persists the
dispute shall be referred to a committee constituted by the owner. The committee shall have one
member of the rank of Director of the company who shall be chairman of the committee.
If differences still persist, then matter shall be resolved through conciliation.
Conciliation:
The party initiating conciliation shall send a written invitation to the other party to
conciliate and proceedings shall commence when the other party accepts the initiations to
conciliation. The parties may agree on the name of a sole conciliator or each party may
appoint one conciliator. The conciliation shall assist the parties to reach an amicable
settlement of their dispute. When the parties sign the settlement agreement, it shall be final
and binding on the parties. The conciliator shall authenticate the settlement agreement and
furnish a copy thereof to each party.

If differences still persist, the settlement of the dispute shall be resolved in the following manner:

Disputes or differences relating to the interpretation and application of provisions of the

commercial contract(s) between CPSEs/ Port Trusts interse and also between CPSEs and
Govt. Departments/ organizations (excluding disputes concerning Railways, Income Tax,
Customs & Excise Department shall be taken up by either party for its resolution through
Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) in the department of
Public Enterprises. as mentioned in DPE OM No. 05/0003/2019-FTS-10937 dated 14th
December,2022 and the decision of AMRCD on the said dispute will be binding on both the
parties.

In case of parties other than Govt. Agencies, the redressal of the dispute may be sought through
Arbitration (THE ARBITRATION AND CONCILIATION ACT, 1996 as amended by AMENDMENT
ACT of 2015).

13A. Settlement of Disputes through Arbitration

(i) Normally, there should not be any scope of dispute between the employer (department)
 62
CONDITIONS OF CONTRACT
and the contractor after entering into a mutually agreed valid contract. However, due to
various unforeseen reasons, disputes may arise during the progress of the contract between
the employer (department) and the contractor.
Therefore, the conditions governing the contract shall contain suitable provision for settle-
ment of such disputes / differences binding on both the parties.
(ii) Mode of settlement of such disputes/differences shall be through Arbitration. However,
when a dispute/difference arises, then, depending on the position of the case, either the
employer (department) or the contractor shall give notice to the other party of its intention
to commence arbitration. The applicable arbitration procedure will be as per the Arbitra-
tion and Conciliation Act, 1996 as amended by Amendment Act of 2015.
(iii) Venue of Arbitration: The venue of arbitration shall be the place from where the con-
tract has been issued or such other place as the Chairman, CIL / CMD of Subsidiary Compa-
ny (as the case may be) at his discretion may determine.
(iv) Applicable Law: The contracts shall be interpreted in accordance with the laws of the
Union of India.
(v) Legal Advice:
While processing a case for arbitration, the purchase organization is to take legal advice, at
appropriate stages from competent authorities viz their Legal Department.
(vi) Following clause shall be included in the General Conditions of the Contract (GCC):
Sole Arbitration:
In the event of any question, dispute or difference arising under these terms & conditions or any
condition contained in this contract or interpretation of the terms of, or in connection with this
Contract (except as to any matter the decision of which is specially provided for by these
conditions), the same shall be referred to the sole arbitration of a person, appointed to be the
arbitrator by the Competent Authority of CIL / CMD of Subsidiary Company (as the case may be).
The award of the arbitrator shall be final and binding on the parties of this Contract.
(a) In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable
to act for any reason, or his/her award being set aside by the court for any reason, it shall be
lawful for the Competent Authority of CIL / CMD of Subsidiary Company (as the case may be) to
appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid.
(b) It is further a term of this contract that no person other than the person appointed by the
Competent Authority of CIL / CMD of Subsidiary Company (as the case may be) as aforesaid
should act as arbitrator and that, if for any reason that is not possible, the matter is not to be
referred to Arbitration at all.
Subject as aforesaid, Arbitration and Conciliation Act, 1996 as amended by Amendment Act of
2015, and the rules thereunder and any statutory modification thereof for the time being in force
shall be deemed to apply to the Arbitration proceedings under this clause.
The venue of arbitration shall be the place from which the contract is issued or such other
place as the Chairman, CIL / CMD of Subsidiary Company (as the case may be) at his discre-
tion may determine.
(vii) Contracts with Partnership firm/ Joint Venture:
A partner is the implied authority to bind the firm in a contract coming in the purview of the
usual business of the firm. The implied authority of a partner, however, does not extend to
enter into arbitration agreement on behalf of the firm. Therefore, while entering into a con-
tract with partnership firm /Joint Venture care should be taken to obtain consent of all the
partners to the arbitration agreement.
A suitable clause for obtaining consent of all the partners to the arbitration agreement shall
be included in the General Conditions of the Contract (GCC).
viii) In cases where CIL/ Subsidiary has challenged an arbitral award and as a result, the
amount of the arbitral award has not been paid, 75% of the arbitral award (which may in-
clude interest up to date of the award) shall be paid by CIL/ Subsidiary to the contractor/
concessionaire against a Bank Guarantee (BG). The BG shall only be for the said 75% of the
arbitral award as above and not for the interest which may become payable to CIL/ Subsidi-
ary should the subsequent court order require refund of the said amount.
The payment may be made into a designated Escrow Account with the stipulation that the
 63
CONDITIONS OF CONTRACT
proceeds will be used first, for payment of lenders' dues, second, for completion of the
project and then for completion of other projects of CIL/ Subsidiary as mutually agreed/
decided. Any balance remaining in the escrow account subsequent to settlement of lenders'
dues and completion of projects of CIL/ Subsidiary may be allowed to be used by the con-
tractor/ concessionaire with the prior approval of the lead banker and CIL/ Subsidiary. If
otherwise eligible and subject to contractual provisions, retention money and other
amounts withheld may also be released against BG.
The only circumstances in which such payment need not be made is where the contractor
declines, or is unable, to provide the requisite bank guarantee and/or fails to open a escrow
account as required. Persons responsible for not adhering to are liable to be held personally
accountable for the additional interest arising, in the event of the final court order going
against the procuring entity.

14. E-way Bill:

The e-way bill required in connection with supply of goods or services, if any, shall be arranged
by the supplier/vendor. However, the e-way bill will be arranged by CIL/Subsidiary if the
supplier/vendor is unregistered one or if provisions of the relevant Act and the rules made there
under specifically states that the e-way bill is required to be issued by recipient of goods.

15. In the event of recovery of any claim towards LD charges, penalty, fee, fine or any other
charges (Except EMD) from the supplier/vendor, the same will be recovered with the
applicable GST and the amount shall be adjusted with the payment to be made to the
supplier/vendor against their bill/invoice or any other dues.

16. Guidelines on Debarment of firms from Bidding

CIL and its Subsidiary Companies shall follow the following guidelines for effecting ‘Banning
of Business’ with a contracting entity in respect of Works and Services Contracts.

(i) Observance of Principle of Natural Justice before debarment of firm from Bidding. The
bidder/contractor shall not be debarred unless such bidder/contractor has been given a
reasonable opportunity to represent against such debarment (including personal hearing, if
requested by the bidder/contractor).
(ii) The terms ‘banning of firm’, ‘Suspension’, ‘Blacklisting’ etc. convey the same meaning as
of ‘Debarment’.
(iii) The order of debarment shall indicate the reasons(s) in brief that lead to debarment of
the firm.
(iv) The contracting entity may be debarred from bidding in the following circumstances: -
a. Withdrawal of Bid as per relevant provisions of tender document.
b. If L-1 Bidder fails to submit PSD, if any and/or fails to execute the contract within stipu-
lated period.
c. If L-1 Bidder fails to start the work on scheduled time.
d. In case of failure to execute the work as per mutually agreed work schedule.
e. Continued and repeated failure to meet contractual Obligations:
i. In case of partial failure on performance, agency shall be debarred from future participa-
tion in tenders keeping his present contract alive.
ii. On termination of contract.
f. Willful suppression of facts or furnishing of wrong information or manipulated or forged
documents by the Agency or using any other illegal/unfair means.
 64
CONDITIONS OF CONTRACT
g. Formation of price cartels with other contractors with a view to artificially hiking the
price.
h. The contractor fails to maintain/ repair/ redo the work up to the expiry of performance
guarantee period, when it is specifically brought to his notice.
i. Contractor fails to use Mobilisation advance (if any) given to him for the purpose it was
intended.
j. Contractor fails to renew the securities deposited to the department.
k. The contractor fails to rectify any lapse(s) in quality of the work done within defect liabil-
ity period.
l. Transgression of any clause(s) relating to Contractor’s obligation defined in the Integrity
Pact wherever such Pact exists.
m. Any other breach of Contract or misdeed which may cause financial loss or commercial
disadvantage to the Company.
n. If it is determined that the bidder has breached the Code of Integrity for Public Procure-
ment (CIPP) as provided in the tender document.
o. False declarations w.r.t Make in India Order.
p. In case of supply of sub-standard materials, sub-standard quality of work, non-execution
of work, non-supply of materials, failure to abide by bid securing declaration (if any) etc.

q.In case of price cartel, matter shall be reported to the Competition Commission and re-
questing, inter-alia, to take suitable strong actions against such firms.

(v) Such ‘Debarment, if any when effected, shall be with prospective effect only. The effect of
‘Debarment’ shall be for future tenders from the date of issue of such Order. No contract of
any kind whatsoever shall be placed to debarred firm after the issue of a debarment order
by DoE/MoC/CIL/Subsidiary (as applicable) if such debarment has been done before the
last date of bid submission. Even in the case of risk purchase, no contract should be placed
on such debarred firms.
In case, any debarred firms have submitted the bid, the same will be ignored. In case such
firm is lowest (L-1), next lowest firm shall be considered as L-1. Bid security/ EMD submit-
ted by such debarred firms shall be returned to them.
The contracts concluded i.e. issue of LOA/issue of work order, before the issue of the de-
barment order shall not be affected by the debarment orders.

(vi) In case CIL is of the view that a particular firm should be banned across all the Minis-
tries/ Departments by debarring the firm from taking part in any bidding procedure floated
by the Central Government Ministries/ Departments, CIL may refer the case to MoC with the
approval of Chairman, CIL for referring the case DoE with a self-contained note setting out
all the facts of the case and the justification for the proposed debarment, along with all the
relevant papers and documents.
This shall be done only in those case where debarment has been done across CIL and its
Subsidiaries.

(vii) The debarment shall be for a minimum period of one year and shall be effective for the
concerned Subsidiary for the tenders invited at Subsidiary level. Similarly, in case of tenders
of CIL HQ, debarment shall be for CIL HQ. However, if such ‘debarment’ has to be made ef-
fective for entire CIL and its Subsidiaries then approval of Chairman, CIL shall be required.
The period of debarment shall not exceed 02(Two) years. In case of clause (4)(vi) & (xv)
above, period of debarment shall be 02(Two) years.
 65
CONDITIONS OF CONTRACT

(viii) Once a contracting entity is debarred, it shall be extended to the constituents of that
entity, i.e. partners (jointly and severally) in case of Joint Venture, all the partners(jointly
and severally) in case of Partnership Firm, owner/proprietor in case of Proprietorship
Firm. The names of partners should be clearly specified in the Debarment Order. If such de-
barred owner/Proprietor/ Partner make/form different Firms/entity and attempts to par-
ticipate in tenders, the same shall not be entertained during the currency of such debar-
ment. In case the contracting entity being debarred is a Company then only the Company
shall be debarred.
(ix) The above ‘Debarment’ shall be in addition to other penal provisions of NIT/Contract
document.
(x) Debarment in any manner does not impact any other contractual or other legal rights of
CIL and/or its Subsidiaries.
(xi) In case of shortage of firms (less than three eligible firms) in a particular group, such
debarments may also hurt the interest of CIL and/or its Subsidiaries. In such cases, endea-
vour should be to pragmatically analyse the circumstances, try to reforms the firm and may
get a written commitment from the firm that its performance will improve.

(xii) Approving Authority: The ‘Debarment’ of a contracting entity shall be done with the
approval of the Competent Authority as per the details below:
a) In case the Accepting Authority of the work is Board or Empowered Committee or FDs or
CMD of CIL/Subsidiary Company, then the Competent Authority for debarment shall be
CMD of CIL/Subsidiary Company.
b) In case the Accepting Authority of the work is up to the level of Director of
CIL/Subsidiary Company, then the Competent Authority for debarment shall be Director of
CIL/Subsidiary Company.
(xiii) An order for debarment passed shall be deemed to have been automatically revoked
on the expiry of that period and it shall not be necessary to issue a specific formal order of
revocation.

A debarment order may be revoked before the expiry of the Order, by the competent au-
thority, if it is of the opinion that the disability already suffered is adequate in the circums-
tances of the case or for any other reason.

(xiv) Appellate Authority for debarment orders shall be CMD of CIL/ Subsidiary Company.
In case the debarment is done with the approval of CMD of the Subsidiary Company then
Chairman, CIL shall be Appellate Authority. The appellate authority in case debarment is
done with approval of Chairman CIL, shall be CFD of CIL.

(xii) Approving Authority: The ‘Debarment’ of a contracting entity shall be done with the
approval of the Competent Authority as per the details below:

a) In case the Accepting Authority of the work is Board or Empowered Committee or FDs or
CMD of CIL/Subsidiary Company, then the Competent Authority for debarment shall be
CMD of CIL/Subsidiary Company.
b) In case the Accepting Authority of the work is up to the level of Director of
CIL/Subsidiary Company, then the Competent Authority for debarment shall be Director of
CIL/Subsidiary Company.

(xiii) An order for debarment passed shall be deemed to have been automatically revoked
on the expiry of that period and it shall not be necessary to issue a specific formal order of
revocation.
 66
CONDITIONS OF CONTRACT

A debarment order may be revoked before the expiry of the Order, by the competent au-
thority, if it is of the opinion that the disability already suffered is adequate in the circums-
tances of the case or for any other reason.
(xiv) Appellate Authority for debarment orders shall be CMD of CIL/ Subsidiary Company.
In case the debarment is done with the approval of CMD of the Subsidiary Company then
Chairman, CIL shall be Appellate Authority. The appellate authority in case debarment is
done with approval of Chairman CIL, shall be CFD of CIL.

17. The contractor shall submit valid electrical license either in his name or of his authorized
representative/supervisor [under whose supervision electrification work (internal and/or
external) will be executed] issued by Electrical Licensing Board / Authority of the Indian
State / UT, in accordance with Indian Electricity Rule before execution of electrical works, if
any.

@@@@@
 67
ADDITIONAL TERMS AND CONDITIONS

1. Rates quoted by bidder shall remain firm for contract period, except variation allowed detailed below.
Application of Price Variation Clause.

If the prices of materials (not being the materials supplied at fixed issue rates by the company) and
wages of labour required for execution of the work increase or decrease, the contractor shall be
compensated for such increase or recoveries will be made from the bills for such decrease as per
provisions detailed hereafter:

a) The amount of the contract shall accordingly be varied subject to the condition that such
compensation for escalation/ de-escalation in price shall be available only for the work done
during the stipulated period of the contract including such period for which the contract is val-
idly extended under the provisions of the contract without any penal action. The Price Varia-
tion Clause shall not be applicable for works for which stipulated period of completion is
less than one year.

b) The base date for working out such escalation/de-escalation shall be the last date on which
the bids (inclusive of price part) or revised price bids (inclusive of revised offer) were stipu-
lated to be received.

c) The compensation for escalation or recoveries to be made shall be worked out at quarterly in-
tervals and shall be with respect to the cost of work done during the previous three months.
The first such payment will be made at the end of three months after the month (excluding) in
which the tender was accepted and thereafter at three months' interval.

1.1 Escalation/ De-escalation for Labour: The amount paid to the contractor for the work done shall
be adjusted for increase or decrease in the cost of labour and the cost shall be calculated quar-
terly in accordance with the following formula :

VL = W

Where :

VL= Variation in labour cost i.e., increase or decrease in the amount

in rupees to be paid or recovered.

W= Value of work done during the period under reckoning to which the escalation/de-
escalation relates as indicated in clause-1.4 of the Additional Terms & Conditions of the
contract.

A= Component of labour expressed as percentage of the total value of the

work adopted from the Table-1.

Lo = Minimum wages for unskilled workers payable as per the Minimum Wages Act / Rules
of the State or Central Govt., whichever is more, applicable to the place of work as on the
last date stipulated for receipt of the bids (inclusive of price part) or revised price bids
whichever is later.

L= Revised minimum wages of unskilled worker corresponding to Lo during the period to

which the escalation/de-escalation relates.
 68
1.2 Escalation /De-escalation on Materials: The amount to be paid to the contractor for the work done
will be adjusted for increase or decrease in the cost of materials and the cost shall be calculated
quarterly in accordance with the following formula :

Vm = W

Where :

Vm = Variation in the material cost i.e. increase or decrease in the amount in rupees to be paid or
recovered.

W= Cost of work done during the period under reckoning to which the escalation / de-escalation
relates as indicated in clause-1.4 of the Additional Terms & Conditions of the contract.

B = Component of material expressed as percentage of the total value of the work adopted from
the Table -1.

M = Average All India Wholesale Price Index for all commodities for the period to which
escalation/de-escalation relates as published by the RBI Bulletin, Ministry of Industry &
Commerce, Govt. of India.

Mo = All India Wholesale Price Index for all commodities as published by the RBI Bulletin,
Ministry of Industry & Commerce, Govt. of India, relating to the last date on which the bids
(inclusive of price part) or revised price bids whichever is later were stipulated to be
received.

1.3 Escalation/ De-escalation on POL : The amount to be paid to the contractor for the work done
shall be adjusted for the increase or decrease in the cost of POL and the cost shall be calculated
quarterly in accordance with the formula given below :

Vf = W

Where :

Vf = Variation in the cost of fuel, oil and lubricants increase or decrease in the rupees to be paid or
recovered.

W = Value of work done during the period under reckoning to which the escalation/ de-escalation
relates as indicated in clause 1.4 of the Additional terms & Conditions of the contract.

C = Component of POL expressed as percentage of the total cost of the work taken from Table -1.

F = Average Index Number for wholesale price for the group of `Fuel, Power, Light & Lubricants' as
published by the Economic Adviser, Ministry of Industry, Govt. of India for the period to which
the escalation/de-escalation relates.

Fo = Index number of wholesale price for the group, Fuel, Power, light & lubricants as published by
the Economic Adviser, Ministry of Industry, Govt. of India prevalent on the last date of receipt
of bids (inclusive of Price Part) or revised price bids whichever is later.

1.4 While calculating the value of "W" the following may be noted : The cost on which the escalation
will be payable shall be reckoned as 85 % of the cost of work as per the bills to which escalation re-
 69
lates, and from this amount the value of materials supplied or services rendered at the prescribed
charges under the relevant provisions of the contract, and proposed to be recovered in the particu-
lar bill, shall be deducted before the amount of compensation for escalation or de-escalation is
worked out. In the case of materials brought to site for which any secured advance is included in the
bill, the full value of such materials as assessed by the Engineer-in-Charge (and not the reduced
amount for which secured advance has been paid) shall be included in the cost of work done for op-
eration of this clause. Similarly, when such materials are incorporated in the work and the secured
advance is deducted from the bill, the full assessed value of the materials originally considered for
operation of this clause should be deducted from the cost of the work shown in the bill, running or
final. Further the cost of work shall not include any work for which payment is made at prevailing
market rates.

1.5 In the event the price of materials and/ or wages of labour required for execution of the work de-
creases, there shall be downward adjustment of the cost of work so that such price of materials
and/or wages of labour shall be deductible from the cost of work under this contract and in this re-
gard the formulae herein before stated under this clause shall mutatis/mutandis apply. No such ad-
justment for the increase / decrease in material price and/ or wages of labour before mentioned
would be made in case of contracts in which the stipulated period of completion of the work is less
than one year.

1.6 Application of Price Variation Clause during extended period of Contracts.

The Price Variation Clause as stated above will be applied for extended time frame of a contract by
following the principle stated as under:

i) Normally, if and when it is understood that a contract is not going to be completed within the
scheduled time period, the contract is kept operative by extending the time of completion
provisionally. During this provisional extended period the operation of the Price Variation
Clause will remain suspended.

ii) If and when it is decided at the end of the successful completion of the work that the delay
was due to causes not attributable to the contractor, then the Price Variation Clause will be
revived and applied as if the scheduled date of completion has been shifted to the approved
extended date.

iii) If it is decided at the end of successful completion of the work that the delay was due to the
fault of the contractor then the Price Variation Clause will not be revived for the purpose of
escalation but shall be revived and applied for the purpose of de-escalation and no further
payment will be made to the contractor on account of any escalation during this period but
recovery shall be made for de-escalation, if any. Additionally, the Clause related to
Compensation for delay will be applied.

iv) If it is decided at the end of successful completion of work, the delay was partly due to the
fault of the contractor and partly due to the fault of the employer and thereby Liquidated
Damages (LD)/compensation due to delay is imposed then price variation clause for the
purpose of escalation shall not be revived for this extended period, but shall be revived and
applied for the purpose of de-escalation.

No payment will be made by applying “FROZEN INDICES “under any circumstances.

Table – 1

Value of A, B & C in the escalation formula in the additional terms & conditions for Excavation Works :

Sl Particulars A% (Labour B% (Material C% (POL Remarks

 70
Component) Component) Component)

1 For only labour oriented works 100 Nil Nil

of maintenance nature.
For all other works not listed above, the component of labour, material and POL of the total cost of
work shall be as specifically indicated in the tender document.

SPECIAL TERMS AND CONDITIONS (IF ANY)

2. Safety code:
i) The Contractor shall not employ men and women below the age of 18 years on the work of painting with
products containing lead in any form. Wherever men above the age of 18 are employed on the work of lead
painting, the following precaution should be taken:-

a) No paint containing lead or lead products shall be used except in the form of paste or readymade paint.

b) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray
or a surface having lead paint is dry rubbed and scrapped.

c) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be provided to
enable the working painters to wash during and on the cessation of work.

d) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust caused by dry
rubbing down and scraping.

e) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work.

f) Overall shall be worn by working painters during the whole of working period.

g) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled by
painting materials.

ii) All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe
condition and no scaffold, ladder or equipment shall be altered or removed while it is in use.

iii) These safety provisions should be brought to the notice of all concerned by display on a notice board at a
prominent place at work spot. The person responsible for compliance of the safety code shall be named
therein by the contractor.

iv) To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the contractor shall be open to inspection by the Labour Officer or Engineer-in-
Charge of the department or their representatives.

v) Notwithstanding the above clauses from (i) to (iv), there is nothing in these to exempt the contractor from
the operations of any other Act or Rule in force in the Republic of India.

3. VTC Training

VTC training is a statutory requirement concerning the safety of contractor’s labourers and for any work
within Mines Area, only VTC trained labour shall be deployed by the contractor. The contractor shall follow
extant law / guidelines in this regard and arrange for VTC training in respect of his workers who are not VTC
trained.
 71
4. The following safety operating practices (SOP) are to be adapted by the contractor for safely execution
of the above work:

a) All the manpower have to undertake vocational training (VTC) before staring the work.
b) All the manpower have to keep I- Card issued by contractor during working time.
c) Contractor has to submit the list of their work man with copy of their I-card, VTC training paper,
form -B etc as per mine rules in the time office and work related concern section office before start-
ing the work (if applicable).
d) You have to undertake the work which mentioned in the work order only.
e) Every day attendance of manpower to be recorded in time office by the time keeper.
f) Work to be performed under supervision of supervisor only.
g) Contractor has to take entry and exit gate pass for vehicles, tools & tackles and other materials.
h) The repairer and their manpower should abide all safety rules, mines rules applicable to the mines
as per Mines act (as applicable).
i) All the manpower’s have to use wear safety gadget’s like safety belts, helmet, safety shoe, leather
apron, goggles, leather hand gloves etc and it will be provided by the contractor.
j) The gas cutters/cutting set should be attached with flash back fire arrester.
k) Contractor have to use good quality of welding lead, welding holder and others accessories.
l) Every time before starting and ending of work they have to inform the in-charge of m/c/ section in-
charge.
m) At the time of blasting the manpower are to be shifted to safe places till clearance of blasting.
n) Suitable fire fighting accessories should be kept near working place before staring the weld-
ing/gouging/cutting etc which prone to caught the fire.
o) Before starting of welding/cutting/gouging work the working area should be cleaned from grease,
cardium, lube oil etc to avoid the caught of fire.
p) After completion of welding/cutting/gouging work , the hot particle, slag, debris, job etc to be get
completely extinct/extinguished before leaving the place.

*******

COMPLIANCE OF LABOUR LAWS

1. Labour

1.1 The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the
engagement of all staff and labour, their payment, housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such
form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the several
classes of labour from time to time employed by contractor on the site and such information respecting
contractor’s equipment as the Engineer may require.

2. Compliance with Labour Regulations

2.1 During continuance of the contract, the contractor and his sub contractors shall abide at all times by
all existing labour enactments and rules made thereunder, regulations, notifications and bye laws of the
State or Central Government or local authority and any other labour law, including rules, regulations, bye
laws that may be passed or notification that may be issued under any labour law in further either by the
State or Central Government or the local authority.

The contractor shall keep the Employer indemnified in case any action is taken against the Employer by the
competent authority on account of contravention of any of the provisions of any Act or rules made
thereunder, regulations or notifications including amendments. If the Employer is caused to pay or
 72
reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications bye laws/acts/rules/regulations/including amendments, if any on the part of
the contractor, the Engineer/Employer shall have the right to deduct any money due to the Contractor
including his amount of performance security. The Employer/Engineer shall also have right to recover from
the Contractor any sum required or estimated to be required for making good the loss or damage suffered
by the Employer.

The employees of the contractor and the sub-contractor in no case shall be treated as the employees of the
Employer at any point of time.

2.2 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENT ENGAGED IN
WORKS.

a) Workmen Compensation Act, 1923 :-

The act provides for compensation in case of injury by accident arising out of and during the course of
employment.

b) Payment of Gratuity Act, 1972 :-

Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an
employee has completed 5 years service or more or on death the rate of 15 days’ wages for every
completed year of service. The Act is applicable to all establishments employing 10 or more employees.

c) Employees PF and Miscellaneous Provisions Act, 1952 :-

The Act provides for monthly contributions by the employer and workers @10% or 8.33% or as applicable.
The benefits payable under the Act are :

i. Pension or family pension on retirement or death as the case may be.

ii. Deposit linked Insurance on the death in harness of the worker.
iii. Payment of PF accumulated on retirement/death etc.
d) Maternity Benefit Act, 1951 :-
The Act provides for leave and some other benefits to women employees in case of confinement or
miscarriage etc.

e) Contract Labour (Regulation & Abolition) Act, 1970 :-

The Act provides for certain welfare measures to be provided by the contractor to contract labour and in
case the contractor fails to provide, the same are required to be provided by the Principal Employer by Law.
The Principal Employer is required to take Certificate of Registration and the contractor is required to take
license from the designated Officer. The Act is applicable to the establishments or contractor of Principal
Employer if they employ 20 or more contract labour.

f) Minimum Wages Act, 1948 :-

The Employer is supposed to pay not less that the Minimum Wages fixed by appropriate Government as per
provisions of the Act if the employment is a scheduled employment. Construction of Buildings, Roads,
Runways are scheduled employment.

g) Payment of Wages Act, 1936 :-

It lays as to by what date the wages are to be paid, when it will be paid and what deductions can be made
from the wages of the workers.
 73
h) Equal Remuneration Act, 1979 :-

The Act provides for payment of equal wages for work of equal nature of Male and Female workers and for
not making discrimination against Female employee in the matters of transfers, training and promotion etc.

i) Payment of Bonus Act, 1965 :-

The Act is applicable to all establishments employing 20 or more workmen. The Act provides for payments
of annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages to employees
drawing Rs. 3500/- per month or less. The bonus to be paid to the employee getting Rs. 2500/- per month to
about uptoRs. 3500/- per month, shall be worked out by taking wages as Rs. 2500/- per month only. The Act
does not apply to certain establishments. Some of the State Governments are exempted for five years in
certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for
the purpose of applicability of the Act.

j) Industrial Disputes Act, 1947 :-

The Act lays down the machinery and procedure for resolution of Industrial disputes, in what situations a
strike or lock-out becomes illegal and what are the requirements for laying off or retrenching the employees
or closing down the establishment.

k) Industrial Employment (Standing Orders) Act, 1946 :-

It is applicable to all establishments employing 100 or more workmen (employment size reduced by some of
the State and Central Government to 50). The Act provides for laying shown rules governing the conditions
of employment by the Employer on matters provided in the Act and get the same certified by the
designated Authority.

l) Trade Union Act, 1926 :-

The Act lays down the procedure for registration of trade unions of workmen and employees. The Trade
Unions registered under the Act have been given certain immunities from Excavation and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act, l986 :-

The Act prohibits employment of children below 14 years of age in certain occupations and processes and
provides for regulations of employment of children in all other occupations and processes. Employment of
Child Labour is prohibited in Building Industry.

n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act, 1997 :-

The Act is applicable to an establishment which employs 5 or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in the establishment situated in
another state). The Inter-State migrant workmen, in an establishment to which this Act becomes applicable,
are required to be provided, certain facilities such as Housing, Medical-Aid, Travelling expenses from home
up to the establishment and back etc.

o) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service)
Act, 1996 and the Cess Act of 1996 :-

All the establishments who carry on any building or other construction work and employs 10 or more
workers are covered under this Act. All such establishments are required to pay cess at the rate not
exceeding 2% of the cost of construction as may be modified by the Government. The employer of the
establishment is required to provide safety measures at the Building or construction work and other welfare
 74
measures, such as canteens, First-Aid facilities, Ambulance, Housing accommodation for workers near the
work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government.

p) Factories Act, 1948 :-

The Act lays down the procedure for approval at plans before setting up a factory, health and safety
provisions, welfare provisions, working houses, annual earned leave and rendering information regarding
accidents or dangerous occurrences to designated authorities. It is applicable to premises employing 10
persons or more with aid of power or 20 or more persons without the aid of power engaged in
manufacturing process.

e-Tender Portal User Agreement

In order to create a user account and use the eTender portal you must read and accept this eTender
portal User Agreement.
A. UNDERTAKINGS TO BE FURNISHED ONLINE BY THE BIDDER

I DO HEREBY UNDERTAKE

1. That all the information being submitted by me/us is genuine, authentic, true and valid on the date
of submission of tender and if any information is found to be false at any stage of tendering or
contract period, I/We will be liable to the following penal actions apart from other penal actions
prescribed elsewhere in the tender document.

a. Cancellation of my/our bid/contract (as the case may be)

b. Forfeiture of EMD
c. Punitive action as per tender document

2. That I/we accept all terms and condition of NIT, including General Terms and Condition and
Special/Additional Terms and Condition as stated there in the tender document as available on the
website.

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

4. That I/we, am/are giving my/our consent for e-payment and submitting/ shall submit the mandate
form for e-Payment in the format as prescribed in the document in case, the work is awarded to us.

5. That I/we do authorize CIL/Subsidiary for seeking information/clarification from my Bankers having
reference in this bid.

6. That I/we will upload original/certified photo/scanned of all the relevant documents as prescribed
in the tender document in support of the information and data furnished by me/us online.

7. I/We confirm that I/We have not been banned or de-listed by any Govt. or Quasi Govt. agencies or
PSUs. In case We are banned or delisted this information shall be specifically informed to the
tender issuing authority.

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

9. That this online agreement will be a part of my bid and if the work is awarded to me/us, this will be
a part of our agreement with CIL/Subsidiary Company.

B. TERMS AND CONDITIONS OF E-TENDER SERVICES AGREEMENT

 75

COPYRIGHT NOTICE: Copyright©2013, Coal India Limited, India. All rights reserved.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIALON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the website solely for
your own non-commercial use provided that you agree that you shall not change or delete any
copyright or proprietary materials from the site.
www.coalindiatenders.nic.in is an e-procurement portal of Coal India Limited/its Subsidiary.

THIS E-TENDER PORTAL AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE USER'S
TERMS AND CONDITIONS SET FORTH BELOW:

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU MAY NOT COMPLETE YOUR
REGISTRATION AND USE THE E-TENDER PORTAL WITHOUT AGREEING TO COMPLY WITH ALL OFTHE
TERMS AND CONDITIONS SET FORTH BELOW.

BY REGISTERING THE USER NAME AND PASSWORD, YOU AGREE TO ABIDE BY ALL THE TERMS AND
CONDITIONS SET FORTH BELOW:

Bidder Registration, Password and Security:

Upon successful completion of Registration online, User ID and Password will be registered. You can
login, only by giving valid User ID and Password and then signing with your valid Digital Signature
Certificate.

The Online registration/enrolment of bidder on the portal should be done in the name of the bidder.
The person whose DSC is attached to the Registered Bidder should be either the bidder himself Or,
duly authorized by the Bidder.

User ID and password are strictly personal to each Authorised User and non-transferable. The User
shall ensure that its Authorised Users do not divulge or disclose their user ID or password to third
parties. In the event that the Authorised User comes to know that the User ID/Password has been/
might have been divulged, disclosed or discovered by any third party, user or its authorized user shall
immediately modify the password using "Change Password" option. CIL/subsidiary will have no
responsibility or obligation in this regard.

At the time of enrolment in the e-Tendering portal of CIL/its Subsidiaries, the Bidders should ensure
that the status of DSC is active on this site. The activation of newly issued DSC may take 24 hrs or
more. Hence Bidders who are obtaining new DSC should register at least 24 hrs before the submission
of Bid.

By registering in this portal, you forthwith assume the responsibility for maintaining the confidentiality
of the Password and account, and for all activities that occur under your Password or Account. You
also agree to (a). immediately notify by e-mail to Application Administrator/Nodal officer, of any
unauthorized use of your Password or Account or any other breach of security, and (b) ensure that you
log-out from your account at the end of each session. CIL/its Subsidiaries shall not be liable for any
loss or damage caused to you due to your failure to comply with the foregoing.

Registered user can modify or update some of the information in their profile as and when required at
their own discretion. However, some information such as "User ID" are protected against changes by
Bidder after enrolment and some other information such as "Bidder Name" etc. are protected against
changes by Bidder after bid submission.
 76
Modification of software:

With consent of Project Advisory Committee, e-procurement of CIL, the Administrator of e-Tender
portal, reserves the right to modify, add, delete and/or change the contents, classification and
presentation of the information on the market place at any time as it may in its absolute discretion
find to be expedient and without giving any notice. It is the users responsibility to refer to the terms
and/or any change or addition to the same while accessing the site.

Coal India Limited reserves right to interrupt/suspend the availability of the e-Tender system without
any notice to the users.

System Requirements:

It is the user’s responsibility to comply with the system requirements: hardware, software, Internet
connectivity at user premises to access the e-Tender portal as mentioned in the home page in the link
"Resources Required".

Under any circumstances, CIL shall not be liable to the Users for any direct/indirect loss incurred by
them or damages caused to them arising out of the following:

(a). Incorrect use of the e-Tender System, or;

(b). Internet Connectivity failures in respect of the equipment used by the Users or by the Internet
Service Providers, or;

(c). Inability of the Bidder to submit their bid due to any DSC related problems, hardware, software or
any other factor which are personal/ special/local to the Bidder.

Contents of Tender Information:

Tenders shall be published by the authorized Tender Inviting Authorities of the respective Tendering
entities of CIL/subsidiary. In case of any clarifications arising out of the tenders, the users have to
contact the respective Tender Inviting Authority.

Bid Submission Acknowledgement:

The User should complete all the processes and steps required for Bid submission. The successful Bid
submission can be ascertained once acknowledgement is given by the system through Bid Submission
number i.e. Bid ID, after completion of all the processes and steps. Coal India Limited is not
responsible for incomplete bid submission by users. Users may also note that the incomplete bids will
not be saved by the system and so the same will not be available to the Tender Inviting Authority for
processing.
The acknowledgment is the only confirmation of submission of bid, which the bidder can show as a
proof of participating in the tender. Other than this acknowledgement, no proof will be considered as
a confirmation to the submission of a bid. If the bidder fails to produce this acknowledgement
required for verification in case of dispute, his claim for submission of bid may not be considered.

Upload files:

The bidders have to ensure that the files being uploaded by them are free from all kinds of viruses and
contain only the relevant information as stated by the Tender Inviting Authorities for the particular
tender. It is not obligatory on the part of CIL/subsidiary to read each and every document uploaded by
the Bidder. If any bidder/Company has uploaded/attached irrelevant data, bogus or fabricated
certificates towards his qualification requirements to the respective tender then their User account
 77
will be liable for termination permanently or temporarily by CIL/subsidiary without any prior notice.

User Conduct:

You agree that all information, data, text, software, photographs, graphics, messages or other
materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content is originated. This means that you are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the e-Tender portal.

CIL/subsidiary does not control the Content posted via the e-Tender portal and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Hence under no circumstances,
CIL/subsidiary is liable in any manner for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, e-mailed or otherwise transmitted via the Site.

Amendments to a tender published:

You agree that the CIL/ Subsidiary companies reserves the right to re-tender /cancel a tender or
extend the closing date or amend the details of tender at any time by publishing corrigendum as
applicable.

Special Admonitions for International Use:

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online
content and acceptable Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data to and from India or the country in which you reside.

Links:

The Site may provide, links to other World Wide Web sites or resources. Because CIL/subsidiary has no
control over such sites and resources, you acknowledge and agree that the CIL/Subsidiary is not
responsible for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or available from
such sites or resources.
You further acknowledge and agree that the CIL/subsidiary shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, Goods or Services available on or through any such site or resources.

Miscellaneous:

This Agreement shall all be governed and construed in accordance with the laws of India & applicable
to agreements made and to be performed in India. The e-Tender portal's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. CIL/subsidiary may assign its rights and duties under this
Agreement to any party at any time without notice to you. Any rights not expressly granted herein are
reserved.

Governing Law:

Terms shall be governed by, and construed in accordance with, Indian law. The parties agree that the
principal civil court of the place where the registered office of Coal India/Subsidiary Company is
situated shall have non-exclusive jurisdiction to entertain any dispute with Coal India/Subsidiary
company. In case of dispute being with a regional Institute of CMPDIL, the principal Civil Court where
the said regional Institute is situated shall be place of suing.
 78

CIL/subsidiary reserves the right to initiate any legal action against those bidders violating all or any of
the above-mentioned terms & conditions of e-Tender services agreement.

Modification of terms of Agreement:

CIL/its Subsidiaries reserves the right to add to or change/modify the terms of this Agreement.
Changes could be made by us after the first posting to the Site and you will be deemed to have
accepted any change if you continue to access the Site after that time. CIL/its Subsidiaries reserves the
right to modify, suspend/cancel, or discontinue any or all services/ make modifications and alterations
in any or all of the content, at any time without prior notice.

Policy and Security:

General Policy:
CIL/its Subsidiaries is committed to protecting the privacy of our e-Tender site visitors. CIL/subsidiary
does not collect any personal or business information unless you provide it to us voluntarily when
conducting an online enrolment, bid submission etc. or any other transaction on the Site.

Information Collected:

When you choose to provide personal or business information to us to conduct an online transaction,
we use it only for the purpose of conducting the specific online transaction that you requested. The
information is also used for the purpose of vendor searches. For each online transaction, we require
only a minimum amount of personal and business information required to process your transaction.

When you visit our portal to browse, read pages, or download information, we automatically collect
and store only the following information:

The Internet domain and IP address from which you access our portal;

The date and time you access our portal;

The pages you visit

This information would help us to make our site more useful to visitors and to learn about the number
of visitors to our site and the types of technology our visitors use.

We do not give, share, sell or transfer any personal information to a third party unless required to do
so by law. If you do not want any personal or business information to be collected, please do not
submit it to us; however, without this required information we will be unable to process your online
bid submission or any other online transaction. Review, update and correction of any personal or
business information can be done directly on the Site.

Use of Cookies:

When you choose to enter into an online transaction, we use cookies to save the information that you
input while progressing through the transaction. A cookie is a very small amount of data that is sent
from our server to your computer’s hard drive. By enabling this feature, the cookie will remember the
data entered by you and next time when you visit this site, the data stored in the cookie will be
available in future.

Security:

The Site has security measures in place to protect against the loss, misuse and alteration of
 79
information under our control.

eMail/ SMS Notifications:

The GePNIC eProcurement Server has functionality of automatically sending eMail / SMS alerts at
various events as per the bidders preference. There is no manual intervention while sending these
pre-defined eMail / SMS alerts. All events for which eMails / SMS being sent is also available to users
on the Dash Board / the user login of the Bidder. Although all efforts will be made to ensure timely
delivery of eMail / SMS, due to dependency in various other external factors, the delivery of eMail /
SMS may not be assured and bidders are requested to check the portal on a periodic basis for any such
events. Non receipt of eMail / SMS cannot be quoted as a reason for failure of service as this is an
added facility being provided to users.

RESTRICTIONS ON PROCUREMENT FROM A BIDDER OF A COUNTRY WHICH SHARES A LAND BORDER

WITH INDIA AND ON SUB-CONTRACTING TO CONTRACTORS FROM SUCH COUNTRIES

The guidelines as per order no.F.No.6/18/2019-PPDdt 23/7/2020of Ministry of Finance, GoI as

amended from time to time shall be applicable.

l. Any bidder from a country which shares a land border with India will be eligible to bid in
this tender only if the bidder is registered with the Competent Authority.

ll. “Bidder (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain
context)means any person or firm or company, including any member of a consortium or Joint
Venture (that is an association of several persons, or firms or companies). Every artificial
juridical person not falling in any of the descriptions of bidders stated hereinbefore, including
any agency branch or office controlled by such person, participating in a procurement process.

lll. “Bidder from a country which shares a land border with India” for the purpose of this Order

F.No. 6/18/2019-PPD dated 23.07.2020 means :-

a. An entity incorporated, established or registered in such a country; or

b. A subsidiary of an entity incorporated, established or registered in sucha country; or
c. An entity substantially controlled through entities incorporated, established or regis-
tered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country ; or
g. A consortium or joint venture where any member of the consortium or joint venture
falls under any of the above

lV. The beneficial owner for the purpose of (iii) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s) who whether acting alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control through other means.

Explanation –
 80
a. “Controlling ownership interest” means ownership of or entitlement to more than twenty-
five percent of shares or capital or profits of the company;

b. “Control” shall include the right to appoint majority of the directors or to control the man-
agement or policy decisions including by virtue of their shareholding or management
rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of enti-
tlement to more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner is

the natural person(s) who, whether acting alone or together, or through one or more ju-
ridical person, has ownership of or entitlement to more than fifteen percent of the prop-
erty or capital or profits of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is
the relevant natural person who holds the position of senior managing official;

5. In case of a trust, the identification of beneficial owner(s) shall include identification of

the author of the trust, the trustee, the beneficiaries with fifteen percent or more inter-
est in the trust and any other natural person exercising ultimate effective control over the
trust through a chain of control or ownership;

V. An Agent is a person employed to do any act for another or to represent another in dealings
with third person.

VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.

Note:
1. (a) The intending bidders must submit a certificate in the Undertaking at Annexure____in compliance to
order no.F.No.6/18/2019-PPD dt 23/7/2020 and as amended from time to time of Ministry of Finance, GoI.

AND
(b) Valid registration from competent authority (if applicable). Registration should be valid at the time of
submission of bid and at the time of acceptance of bids.

2. Guidelines issued by GoI regarding registration with Competent Authority and regarding exclusion
from restriction may please be referred.
 81
ANNEXURES

Annexure-I

PROFORMA FOR UNDERTAKING TO BE ACCEPTED UNCONDITIONALLY BY BIDDER/S FOR GENUINENESS OF

THE INFORMATION FURNISHED ONLINE AND AUTHENTICITY OF THE DOCUMENTS UPLOADED ONLINE IN
SUPPORT OF HIS ELIGIBILITY :( TO BE ACCEPTED THROUGH GTE)

FORMAT OF UNDERTAKING

We solemnly declare that:

1. I/We am/are submitting Bid for the work “Dismantling, Repairing & fitment of Radiator bottom tank,
radiator mounting vertical beam and plate, water cooling tubes and engine guard for CAT789D 190T
dumper sl. No. CAT-865 at NWS, Nigahi Project.”against Tender id No. “2025_NCL_332979 ” and I/we
offer to execute the work in accordance with all the terms, conditions and provisions of the bid.

2. All information furnished by us in respect of fulfillment of eligibility criteria and qualification information
of this Bid is complete, correct and true.

3. All copy of documents, credentials and documents submitted along with this Bid are genuine, authentic,
true and valid.

4. I/ We hereby authorize department to seek references / clarifications from our Bankers.

5. We hereby undertake that we shall register and obtain license from the competent authority under the
contract labour (Regulation & Abolition Act) as relevant, if applicable.

6. l/We do not have relationship with any other participating Bidders, directly or through common third
parties, that puts us in a position to have access to information about or influence on the bid of another
Bidder.

7. l/We or any of my/our affiliate has/have not participated as consultant in the preparation of the design
or technical specification of the contract that is the subject of the bid.

08. If any information and document submitted is found to be false/ incorrect at any time, department may
cancel my/our Bid and action as deemed fit may be taken against me/us, including termination of the con-
tract, forfeiture of all dues and banning of our firm and all partners of the firm etc as per the tender docu-
ment.

Note: Tender specific or for a particular category of tender, relevant Clauses may be add-
ed/modified/substituted while framing the standard NIT
 82

ANNEXURE- II

PROFORMA FOR UNDERTAKING TO BE UPLOADED BY BIDDER/S (ON THEIR LETTER HEAD) REGARDING
RELATIVES AS EMPLOYEES OF COMPANY, ARBITRATION CLAUSE (IN CASE OF PARTNERSHIP FIRM/JV), LO-
CAL SUPPLIER STATUS OF THE BIDDER ETC.: PROFORMA FOR UNDERTAKING
(To be uploaded by the Bidder on his Letter Head during submission of bid online)

I / We, ...................................................................................,
Proprietor/Partner/Legal Attorney/Director/ Accredited Representative of M/s. .................................., so-
lemnly declare that:
1. Myself/Our Partners/Directors don’t has/have any relative as employee of Coal India Limited/Subsidiary.
OR
The details of relatives of Myself/Our Partners/Directors working as employee of Coal India Limited is as
follows:
a) Name of the employee
b) Place of posting
c) Department
d) Designation
e) Type of relation - Wife/Husband/ Father/ Step-Father/Mother / Step-Mother/Son/Step-son/ Son's wife /
Daughter / Daughter's Husband / Brother/ Step-Brother/ Sister / Stet-Sister.

2. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. Weshall make necessary
payments as required under law.
Or
*I/We hereby undertake that we shall take appropriate steps for registration asrelevant under CMPF / EPF
authorities, if applicable. We shall make necessary payments as required under law.
* Delete whichever is not applicable.

3. ** I/We have not been debarred or banned or delisted by any Govt., or Quasi Govt.Agencies or PSUs.
Or
**I / We ………………..have been debarred or banned by the organization named “__________” for a period
of…… year/s, effective from ……. to……… ** Delete whichever is not applicable.

4.We,……………………..(Name of Partners of Partnership Firm/Joint Venture),partners of

…………………………..(Name of Partnership Firm/Joint Venture) hereby consent to abide by the relevant provi-
sions of General Terms and Conditions of CMM/MCEW pertaining to arbitration.
(Applicable in case of Partnership firm/Joint Venture)

5. We certify that the works/services offered by us against the tender for the work“……………………………
(Name of work)” against NIT No/Tender ID. ......................... Dated………………, meet the minimum local con-
tent requirement and has local content:
* Equal to or more than 50% (Select this, in case of Class-I Local Suppliers) i.e. ………% (indicating the percen-
tage of local content)
* More than 20% but less than 50% (Select this, in case of Class-II Local Suppliers) i.e. ………% (indicating the
percentage of local content)
*Delete whichever is not applicable.
Note: If the estimated value of procurement is more than Rs. 10 crores, all the Bidders
shall submit along with this Undertaking, a certificate (with UDIN) from the statutory auditor or cost auditor
of the company (in case of companies) or from a practicing cost accountant or practicing chartered account
(in respect of suppliers other than companies) giving the percentage of local content.

6. Certificate regarding compliance to order no.F.No.6/18/2019-PPD dt 23/7/2020 as amended from time to

time of Ministry of Finance, Dept of Expenditure, Public Procurement Division with respect to restrictions
on procurement of goods, services or works from a Bidder of a country which shares a land border with In-
 83
dia and on sub-contracting to contractors from such countries - I/we have read the Clause regarding restric-
tions on procurement from a Bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I/we certify that
I am/ we are not from such a country or, if from such a country, has/have been registered with the Compe-
tent Authority and will not subcontract any work to a contractor from such countries unless such contractor
is registered with the Competent Authority. I hereby certify that I/we fulfil all requirements in this regard
and I am/ we are eligible to be considered.

Note: Where applicable, evidence of Competent Authority shall be attached along with this Undertaking.

7. **I/We have not been debarred by any procuring entity for violation of Preference to Make in India (as
applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt. of India as
amended from time to time.
OR
**I / We …..have been debarred by……(name of procuring entity) for violation of Preference to Make in In-
dia vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt. of India as amended from
time to time for a period of…………year/s, effective from ………. to…..
**Delete whichever is not applicable.

Note: A bidder who has been debarred by any procuring entity for violation of Preference to Make in India
vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt. of India as amended from time
to time shall not be eligible for preference under this Order for procurement by any other procuring entity
for the duration of debarment.

8. I/we abide the Code of Integrity for Public Procurement (CIPP) as given in the tender document.

9. *I/we do not have any previous transgression of CIPP in last three years with any entity in any country.
Or
*I / We have been debarred by………………(name of procuring entity) for violation of Code of Integrity for
Public Procurement (CIPP), for a period of………………… year/s, effective from ………………. to……………………..…..
*Delete whichever is not applicable

10. If any information and document submitted is found to be false/ incorrect at any time, department may
cancel my/our Bid and action as deemed fit may be taken against me/us, including termination of the con-
tract, forfeiture of all dues and Debarment of our firm and all partners of the firm etc from Bidding, as per
the tender document.
 84

Annexure-III

PROFORMA FOR LETTER OF BID TO BE ACCEPTED UNCONDIOTIONALLY BY BIDDER DURING SUBMISSION

OF BID ONLINE: (TO BE ACCEPTED THROUGH GTE)
FORMAT OF “Letter of Bid” (for Works & Services Tenders)

LETTER HEAD OF BIDDER (As enrolled on the e-Procurement Portal of CIL)

To,
The Tender Inviting Authority
Northern Coalfields Limited

Sub. : Letter of Bid for the work “Dismantling, Repairing & fitment of Radiator bottom tank, radiator
mounting vertical beam and plate, water cooling tubes and engine guard for CAT789D 190T dumper sl.
No. CAT-865 at NWS, Nigahi Project. “

Ref.: 1. NIT No.: “NGH/EXCV/TENDER/24-25/ 201 Dated 20.03.2025

2. Tender Id No. : “ 2025_NCL_332979 “

Dear Sir,

This has reference to above referred bid. I/we have read and examined the conditions of contract, Scope of
Work, technical specifications, BOQ and other documents carefully.

I /We am/are pleased to submit our bid for the above work. I/We hereby unconditionally accept the bid
conditions and bid documents as available in the website/e-Procurement portal, in its entirety for the
above work and agree to abide by and fulfill all terms and conditions and specifications as contained in the
bid document.

I/we here by submit all the documents as required to meet the eligibility criteria as per provision of the bid
notice/document.

I/We hereby confirm that this bid complies with the Bid validity, Bid Security and other documents as re-
quired by the Bidding documents.

If any information furnished by me/us towards eligibility criteria of this bid is found to be incorrect at any
time, penal action as deemed fit may be taken against me/us for which I/We shall have no claim against
CIL/Subsidiary.

Until a formal agreement is prepared and executed, this bid and your subsequent Letter of Accep-
tance/Work Order shall constitute a binding contract between us and Northern Coalfields Ltd.

Should this bid be accepted, we agree to furnish Performance Security within stipulated date and
commence the work within stipulated date. In case of our failure to abide by the said provision Northern
Coalfields Ltd. shall, without prejudice to any other right or remedy, be at liberty to “cancel the letter of
acceptance/ award and to forfeit the Earnest Money and also debar us from participating in future
tenders for a minimum period 12 months” OR to act as specified in the NIT.
 85

Annexure-IV
MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET BANKING PAYMENT.

1. Name of the Bidder : …………………………………………………………………

2. Address of the Bidder : ………………………………………………………………….

………………………………………………………………….

City………………………. Pin Code………………………….

E-mail Id ………………………………………………………

Permanent Account Number ……………………………….

3. Particulars of Bank:

Bank Name Branch Name

Branch Place Branch City
Pin Code Branch Code
MICR No.
(Digital Code number appearing on the MICR Band of the cheque
supplied by the Bank. Please attach Xerox copy of a cheque of
your Bank for ensuring accuracy of the Bank Name, Branch
Name and Code Number.
RTGS CODE
Account Type Savings Current Cash Credit
Account Number(as appearing in
the Cheque Book.

4. Date from which the mandate should be effective.

I hereby declare that the particulars given above are correct and complete. If any transaction is
delayed or not effected for reasons of incomplete or incorrect information. I shall not hold Company
responsible. I also undertake to advise any change in the particulars of my account to facilitate updation of
records for purpose of credit of amount through SBI Net / RTGS transfer/NEFT. I agree to discharge
responsibility expected of me as a participant under the scheme. Any bank charges levied by the bank for
such e-transfer shall be borne by us.

Place :
Date :
Signature of the Party / Authorised Signatory
------------------------------------------------------------------------------------------------------------------------

Certified that particulars furnished above are correct as per our records.

Banker’s Stamp
Date:
Signature of the Authorised official from the Bank)
 86

Annexure- VII

PROFORMA OF BANK GURANTEE FOR PERFORMANCE

SECURITY
To
…………………………..
…………………………..
Re: Bank Guarantee in respect of Contract No…………………….….,Dated…………….
Between …………….. (Name of the company) and ………………………………. (Name of the Contractor)

WHEREAS
………….. (Name and address of the Contractor) (herein after called “the Contractor”) has entered
into a contract made as per letter of acceptance………………..dated.……..(herein after called the said contract)
with ………… (name of the Company) (hereinafter called “the Company”) to execute …………. (name of the
contract and brief description of work) on the terms and conditions contained in the said contract.
It has been agreed that the Contractor shall furnish a Performance Security in the shape of Bank
Guarantee from a Schedule bank for a sum of Rs………….. as security for due compliance and performance of
the terms and conditions of the said contract.
We……… (name of the Bank) having its branch/Office at……..….. have, at the request of the Contractor,
agreed to furnish this bank Guarantee by way of performance Security.
NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby, unconditionally and
irrevocably, guarantees and affirms as follows:
The Bank do hereby irrevocably guarantees and unconditionally agree with the Company that if the
contractor shall in any way fail to observe or perform the terms and conditions of the said contract or shall
commit any breach of its obligation there under, the Bank shall on its mere first written demand, and
without any objection, demur and without any reference to the contractor, pay to the company the said
sum of …………… or such portion as shall then remain due with interest without requiring the Company to
have recourse to any legal remedy that may be available to it to compel the Bank to pay the sum, or failing
on the company to compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the company and
as regards the amount payable by the Bank under this Guarantee. The Bank shall not be entitled to withhold
payment on the ground that the Contractor has disputed its liability to pay or has disputed the quantum of
the amount or that any arbitration proceeding or legal proceeding is pending between the company and the
Contractor regarding the claim.
The Bank further agree that the Guarantee shall come into force from the date hereof and shall
remain in force and effect till the period that will be taken for the performance of the said Contract which is
likely to be …………. day of ………….. but if the period of Contract is extended either pursuant to the provisions
in the said contract or by mutual agreement between the contractor and the company, the Bank shall renew
the period of the Bank Guarantee failing which it shall pay to the company the said sum of ………….…. or such
lesser amount of the said sum of …………… as may be due to the company and as the company may demand.
This Guarantee shall remain in force until the dues of the company in respect of the said sum
of ……………….and interest are fully satisfied and the Company certifies that the Contract has been fully
carried out by the Contractor and discharged the guarantee.

The Bank further agrees with the company that the company shall have the fullest liberty without
consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms
and conditions of the said contract or to extend time for performance of the said contract from time to time
or to postpone for any time or from time to time any of the powers exercisable by the Company against the
contractor and to forebear to enforce any of the terms and conditions relating to the said Contract and the
Bank shall not be relieved from its liability by reason of such failure or extension being granted to the
Contractor or to any forbearance, act or omissions on the part of the company or any indulgence by the
 87
Company to the Contractor or any other matter or thing whatsoever which under the law relating to
sureties would but for this provision have the effect or relieving or discharging the Guarantor.
The Bank further agrees that in case this Guarantee is required for a longer period and it is not
extended by the Bank beyond the period specified above, the Bank shall pay to the company the said sum
of ……….….. or such lesser sum as may then be deemed to the Company and as the Company may require.
Notwithstanding anything contained herein the liability of the Bank under this Guarantee is
restricted to Rs………..……. The guarantee shall remain in force till the day ……*…….. of ……*..……. and unless
the guarantee is renewed or claim is preferred against the bank on or before the said date all rights of the
Company under this guarantee shall cease and the Bank shall be relieved and discharged from all liabilities
hereunder except as provided in the preceding Clause.
* The date of guarantee shall cover a period of minimum one year or 90 days beyond the date of completion
whichever is more.
Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-mail/Fax
addressed to the bank branch/operative branch, which shall be deemed to be a sufficient demand notice.
Bank shall effect payment thereof forthwith.
This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor.
The Bank has under its constitution power to give this Guarantee and Sri……………………. who has
signed it on behalf of the Bank has authority to do so.

Signed and sealed this………..day of……………..at…………

SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:

(Signature)
(Name)
(Designation)
(Code number)
(address)

“The Bank Guarantee as referred above shall be operative at our branch at…….. payable at………………………….

(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name of the branch with
address of the specified town/city)”
NOTE:- The department shall ensure extension of guarantee period in case of extension of time.
 88

Annexure-IX

PROFORMA OF JOINT VENTURE AGREEMENT

N.A

Annexure-X

PRE CONTRACT INTEGRITY PACT

N.A.
 89
Annexure-XI

PROFORMA FOR EXECUTION OF AGREEMENT

STAMP PAPER
(of appropriate value as per Stamp Act)

This agreement is made on ………………. day of …………….. between ( Name of Company ) having its
registered office at ……………………………………………… (hereinafter called the ‘COMPANY’ which expression shall,
unless repugnant to the subject or context, include its successors and assignees) of the one part and ( Name
of the Contractor ) carrying on business as a ( partnership/ proprietorship/ Ltd. Co. etc. ) firm under the
name and style ………………………………………………… (hereinafter called the ‘said Contractor’ which expression
shall, unless the context requires otherwise include them and their respective heirs, executors,
administrators and legal representatives) of the other part.

Whereas the Company invited tenders for the work of “……………………………………… ……………………..”
and whereas the said Contractor/ Firm submitted tender for the said work and deposited a sum of
Rs………………….. as Earnest Money and whereas the tender of the said contract has been accepted by the
Company for execution of the said work.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1) In this agreement words and expressions shall have the same meaning as are respectively assigned to
them in the tender papers hereinafter referred to.

2) The following documents which are annexed to this agreement should be deemed to form and be read
and construed as part of this agreement viz.

i) Annexure-A Tender Notice (Page .. to ..)

ii) Schedule –A General Terms & Conditions, Special Conditions and

General Technical Specification (Page …. to …) and
Safety Code.

iii) Schedule-B The probable Quantities and Amount (Page … to …)

iv) Schedule-C Negotiation letters –

iv) Schedule-D Letter of Acceptance/Work Order (Page .. to ..)

v) Schedule-E Drawings (Page .. to ..)

3) In consideration for the payment of the sum of Rs……………( W/O Value; both in words and figures ) or
such other sum as may be arrived at under the clause of the specification relating to Payment by items
measurements at unit prices by the Company, the said Contractor shall, subject to the terms & condition
contained herein execute and complete the work as described and to the extent of probable quantities as
indicated in Schedule B with such variations by way of alteration, addition to or reduction from the said
works.

4) The company has received a sum of Rs............ towards Performance Security Deposit (1 st part of Security
Deposit) in the form of Demand Draft / Certified Cheque/ B.G./ other form (details to be furnished) .
 90
5) The said contractor hereby covenants with the company that the company shall deduct at 5% of R/A Bills
as Retention Money (2ndpart of security deposit) as per the terms & condition of the tender/ contract.

IN WITNESS WHEREOF THE parties herein have set their hands and seals the date and year above written.

1 Partner. Signature

2 Partner Signature

On behalf of M/S………………………………..
The Contractor, as one of the constituted attorney,
In the presence of –

1. Name ____________________________ Signature

Address :

Occupation :

Signed by Sri ……….on behalf of Signature

(Name of Company) in presence of -

a) Name : Signature
b) Address: .
 91
ANNEXURE- XII

Code of Integrity for Public Procurement (CIPP):

1. Introduction

Public procurement is perceived to be prone to corruption and ethical risks. To mitigate this, the officials of
Procuring Entities involved in procurement and the bidders/ contractors must abide by the following Code
of Integrity for Public Procurement (CIPP). All Procuring Officials shall give an undertaking to abide by the
Code of Integrity of Public Procurement (CIPP) in ERP while processing PR in SAP ERP. The undertaking shall
be put in format of PR itself in ERP. However, if estimate is processed outside ERP then separate undertaking
in this regards shall be given by all procuring officials. The bidders/ contractors should be asked to sign a
declaration about abiding by a Code of Integrity for Public Procurement (including sub-contractors engaged
by them) during submission of bid, with a warning that, in case of any transgression of this code, it would be
liable for punitive actions such as cancellation of contracts, banning and blacklisting or action in
Competition Commission of India, and so on.

2. Code of Integrity for Public Procurement

Procuring authorities as well as bidders, contractors and consultants should observe the highest standard of
ethics and should not indulge in the following prohibited practices, either directly or indirectly, at any stage
during the procurement process or during execution of resultant contracts:

i) “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or gifts or any material
benefit, in exchange for an unfair advantage in the procurement process or to otherwise influence the
procurement process or contract execution;

ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or attempt to mislead so that
financial or other benefits may be obtained or an obligation avoided. This includes making false declaration
or providing false information for participation in a tender process or to secure a contract or in execution of
the contract;

iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive arrangement, or any other
practice coming under the purview of The Competition Act, 2002, between two or more bidders, with or
without the knowledge of the procuring entity, that may impair the transparency, fairness and the progress
of the procurement process or to establish bid prices at artificial, non-competitive levels;

iv) “Coercive practice”: harming or threatening to harm, persons or their property to influence their
participation in the procurement process or affect the execution of a contract;
v) “Conflict of interest”: Participation by a bidding firm or any of its affiliates that are either involved in the
consultancy contract to which this procurement is linked; or if they are part of more than one bid in the
procurement; or if the bidding firm or their personnel have relationships or financial or business
transactions with any official of procuring entity who are directly related to tender or execution process of
contract; or improper use of information obtained by the (prospective) bidder from the procuring entity
with an intent to gain unfair advantage in the procurement process or for personal gain.

vi) “Obstructive practice”: materially impede the procuring entity’s investigation into allegations of one or
more of the above mentioned prohibited practices either by deliberately destroying, falsifying, altering; or
by concealing of evidence material to the investigation; or by making false statements to investigators and/
or by threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or by impeding the procuring entity’s rights
of audit or access to information;
 92
3. Obligations for Proactive Disclosures

i) Procuring authorities as well as bidders, contractors and consultants, are obliged under Code of Integrity
for Public Procurement to suo-moto proactively declares any conflicts of interest (coming under the
definition mentioned above – pre-existing or as and as soon as these arise at any stage) in any procurement
process or execution of contract. Failure to do so would amount to violation of this code of integrity; and

ii) Any bidder must declare, whether asked or not in a bid document, any previous transgressions of such a
code of integrity with any entity in any country during the last three years or of being debarred by any other
procuring entity. Failure to do so would amount to violation of this code of integrity
iii) To encourage voluntary disclosures, such declarations would not mean automatic disqualification for the
bidder making such declarations. The declared conflict of interest may be evaluated and mitigation steps, if
possible, may be taken by the procuring entity. Similarly voluntary reporting of previous transgressions of
Code of Integrity elsewhere may be evaluated and barring cases of various grades of debarment, an alert
watch may be kept on the bidder’s actions in the tender and subsequent contract.

4. Punitive Provisions

Without prejudice to and in addition to the rights of the procuring entity to other penal provisions as per
the bid documents or contract, if the procuring entity comes to a conclusion that a (prospective) bidder/
contractor directly or through an agent, has violated this code of integrity in competing for the contract or in
executing a contract, the procuring entity may take appropriate measures including one or more of the
following:

i) If his bids are under consideration in any procurement

a) Forfeiture or encashment of bid security;
b) calling off of any pre-contract negotiations; and
c) rejection and exclusion of the bidder from the procurement process
ii) If a contract has already been awarded
a) Cancellation of the relevant contract and recovery of compensation for loss incurred by the procuring
entity;
b) Forfeiture or encashment of any other security or bond relating to the procurement;
c) Recovery of payments including advance payments, if any, made by the procuring entity along with
interest thereon at the prevailing rate;
iii) Provisions in addition to above:
a) banning/ debarment of the bidder from participation in future procurements of the procuring entity for a
period not less than one year;
b) In case of anti-competitive practices, information for further processing may be filed under a signature of
concerned Director of CIL/Subsidiary, with the Competition Commission of India.
c) Initiation of suitable disciplinary or criminal proceedings against any individual or staff found responsible.

Signature Not Verified

Digitally signed by RAHUL RANJAN
Date: 2025.03.19 18:41:47 IST
Location: Coal India Limited-CIL