NORTHERN COALFIELDS LIMITED

(A Miniratna Company & Subsidiary of Coal India Limited)

OFFICE OF THE STAFF OFFICER (CIVIL)
Civil Engineering Department
AMLOHRI AREA, DISTT. SINGRAULI (M.P.) 486 887

E-mail: [email protected]
WEB SITE: www.coalindiatenders.nic.in

Notice Inviting Tender

NIT संख्या.: SO(C)/Aml/24-25/ETN/16 दिन ांक: 18.06.2024 Tender ID:- 2024_NCL_310678_1

1. Tenders are invited on-line under two part 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:

Location Estimated Cost ofWork Earnest Money Period of

Description of work (Including GST) (In Rs.) Completion
(In Rs.) (In Days)

Providing RCC drain with 2 nos Amlohri Rs. 70,90,013.48 Rs. 88,700/- 120 days
culvert from nursery to Kacha nallah
near Dasauti village at Amlohri
Project.

(i). For Site visit of location of work, the prospective bidder(s) may contact Sh. K. K. Dewangan, Township In-charge
Asst. Mgr.(Civil), Contact No- 7587706301

Tender inviting authority Contact Person(s)/Tender Dealing Officer(s)

Sh. P. K. Sonker Ms. Shruti Anil Sh. Vinay Kumar Nayak

General Manager (Civil)/SO(Civil) Dy. Manager (Civil) Asst. Mgr.(Civil),

Contact No 9406804237 Contact No 9406711848 Contact No: 9406964393

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

2. Time Schedule of Tender:

Sl. No. Particulars Date Time

a. Tender e-Publication date 18.06.2024 06 : 55 PM
b. Document download start date 18.06.2024 06 : 55 PM
c. Document download end date 05.07.2024 05 : 00 PM
d. Bid Submission start date 19.06.2024 09 : 30 AM
e. Bid submission end date 05.07.2024 05 : 00 PM
f. Start date for seeking Clarification on-line 18.06.2024 06 : 55 PM
g. Last date for seeking Clarification on-line 28.06.2024 05 : 00 PM
h. Date of Pre-bid meeting (if any) NA NA
i. Technical Bid (Cover I) opening date 06.07.2024 05 : 00 PM
j. Price Bid (Cover II) opening date 22.07.2024 05 : 00 PM
Note: The auto extension of submission of bid shall be applicable as per details mentioned in clause No.14 of NIT.
 3. Earnest Money Deposit(EMD):

The bidder will have to make the payment of EMD through ONLINE mode only.
In Online mode the bidder can make payment of EMD either through NET-BANKING from
designatedBank(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.
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.
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.
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 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.
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 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, Joint Venture, any legal entity 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.
Note:

i) Joint Venture shall not be allowed for participation in the bid with estimated cost of work put to tender
up to Rs. 2.00 (two) crores.
ii) The Bidder(s) participating in the Name & Style of a Joint Venture, must have to get themselves
registered online so that the ‘Bidder Name’ in the Bid Information of Bid Submission Confirmation (BSC)
appears the same as the name & style of Joint Venture.
 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 work 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.

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 as
well as maintenance and/ or operation after construction, the experience of such work may be
considered as „acceptable‟ if the construction part is completed as on the last date of „eligibility period‟,
even if maintenancework 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 5% 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.

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 fulfilment 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/JV itself 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) Either the JV itself/ 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) Either the JV itself/ 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.

The above qualification criteria shall be met collectively by JV partners or JV itself.

The qualifying criteria parameter e.g. experience of the individual partners of the JV will be added
together towards fulfilment of qualification criteria related to experience.

The definition of similar work shall be as follows:

“Any RCC Work”

In respect of the above eligibility criteria the bidders are required to furnish the following information on-line:

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:
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.

B. Financial Turnover: Average annual financial turnover during the last 3 (three) years ending 31st March
of the previous financial year should be at least 30% of the estimated cost put to tender.
(The “Previous Financial Year” shall be computed with respect to the e-Publication date of NIT).

If any bidder does not furnish the turnover value for any financial year out of the last 3 financial years, the
turnover for that financial year shall be taken as „Zero‟ and the average annual financial turnover shall be
calculated accordingly.

Financial turnover shall be given a weightage to bring them at current price level by adding 5% for
each completed year (total number of days/365) after the end of respective financial year (i.e. 31 st March)
till the last day of month previous to one in which e-tender has been invited.

In respect of the above eligibility criteria the bidders are required to furnish the following information on-line
:
i) Annual turnover of each of the last 3 (three) years ending 31st March of the previous financial year.
ii) Name of the Chartered Accountant issuing the Turnover certificate.
 iii) Membership Number of the Chartered Accountant.
iv) Date of certificate issued by Chartered Accountant.
v) Confirmation regarding possessing of Financial Turnover issued by a Practicing Chartered
Accountant in the form of Yes / No.

Note:
a. In case the bidder is a Joint Venture, the turnover of the individual partners of the JV will be
added together for each financial year and is to be furnished as the turnover of the bidder for that
particular financial year. However, the information against Sl.No.(ii) & (iii) above will be given
w.r.t. the lead partner of JV only.
b. In case of JV, if financial turnover of all the partners is not submitted; the JV will not be disqualified
and instead the required turnover will be calculated assuming zero value for partner/partners who
has/have not submitted the financial turn over certificate.

Scanned copy of documents to be uploaded by bidders:

Financial Turnover certificate having a Unique Document Identification Number (UDIN) with Institute of
Chartered Accountants of India.

C. Permanent Account Number (PAN) : The bidder should possess valid Permanent Account Number
(PAN) issued by Income Tax department, Govt. of India.

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.

Scanned copy of documents to be uploaded by bidders (BIDDER SPACE/ MY DOCUMENT):

PAN CARD of the bidder

Note:
a. In case of JV, PAN card for each Indian partner of JV and Verifiable Tax Residency
Certificateof respective country for each foreign partner or JV itself.

D. 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
informationonline:
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.

Scanned copy of documents to be uploaded by bidder(s) in Bidder space/ My Document.

GST Registration Certificate of the bidder.

Note:
. i). In case of JV, In case of JV, Bidder should submit scanned copy of GST status of Lead Partner
only or GST Registration Certificate of JV itself.
ii). In case the work/service is awarded to a Joint Venture participating in the tender they have to
submit PAN, GST registration ( as applicable in the tender and for the bidder status) etc. in the name of
the Joint Venture after Award of Work/Service before the payment of first running on account bill.
 iii) If turnover of bidder exceeds exemption/threshold limit, the bidder must have GST registration as per
GST Act and rules.
iv) 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 bidder(s) in support of information / declaration furnished
online by the bidder against Eligibility Criteria as Confirmatory Document.

E. Purchase Preference under „Make in India‟ Policy for “Local supplier”.

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.
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 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 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 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.
Note (For departmental users & not to be part of Tender Document):
 In case of procurement of all goods, services or works in respect of which the Nodal Ministry of
department has communicated that there is a sufficient local capacity and local competition, only
Class-I local supplier as defined under the said order, shall be eligible to bid irrespective of purchase
value.
 In procurement of all goods, services or works, not covered by sl. No.1 above and with estimated
value of purchases less than Rs.200 crore in accordance to Rule 161 (iv) of GFR 2017, Global tender
enquiries shall not be issued except with competent approval as designated by Department of
Expenditure. Only Class-I local supplier and Class-II local supplier as defined under the order, shall
be eligible to bid in procurements undertaken by procuring entities, except when global tender
enquiries have been issued. In global tender enquiries, Non-local suppliers shall also be eligible to
bid long with Class-I local suppliers and Class-II local suppliers.
 Procurements where the estimated value is less than Rs. 5 lakhs, shall be exempted from the Order.
However, it shall be ensured by procuring entities that procurement is not split for the purpose of
avoiding the provisions of this Order.
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.

Scanned copy of documents to be uploaded by bidder(s) in support of information / declaration

furnished online by the bidder against Eligibility Criteria as Confirmatory Document.

9. Submission of Bid:

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 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 authenticity of the declarations regarding the facts, figures, information and documents
furnished by the Bidder on-line in order to become an eligible bidder. No conditional bid shall be
allowed/accepted.

(iii). The bidders have to accept unconditionally in GTE (General Technical Evaluation) the
Undertaking at Annexure VII 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 VIII (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 –

S Document Scanned copy of documents uploaded by bidder in Bidder‟s space/

No My Document
1 2 3
1 Permanent PAN card issued by Income Tax department, Govt. of India.
Account Number
(Ref. Clause In case of JV, PAN card for each Indian partner of JV and Verifiable Tax
No.8(C) of NIT) Residency Certificate of respective country for each foreign partner or JV
itself.
2 Goods and The following documents depending upon the status w.r.to GST as declared
Services Tax by Bidder in the BOQ sheet:
(GST) Status of a) Status: GST Registered Bidder under regular scheme
Bidder
(Ref. Clause Document: GST Registration Certificate (i.e. GST identification
No.8(D) of NIT Number) issued by appropriate authority of India.
and BOQ)
b)Status: GST Registered Bidder under composition scheme

Document: GST Registration Certificate (i.e. GST identification

Number) issued by appropriate authority of India.

c) Status: GST unregistered bidder:

Document: A Certificate having UDIN from a practicing Chartered

Accountant having membership number with Institute of Chartered
Accountants of India certifying that the bidder is GST unregistered
bidder in compliance with the relevant GST rules of. India.

[In case of JV, Bidder should submit scanned copy of GST status of Lead
Partner only or GST Certificate of JV itself]

Note:
i) If turnover of bidder exceeds exemption/threshold limit, the bidder
must have GST registration as per GST Act and rules.
3 Legal Status of Document(s) covered under any one of the following sub-head(s):
the bidder 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.
4. The following documents in respect of Legal Status of a JV Bidder shall be
uploaded in Bidder‟s Space by the JV Bidder:

i. Scanned copy of JV Agreement containing name of partners and lead

partner, Power of Attorney to the lead partner and share of each partner as
per Annexure-X

ii. Power of attorney of the respective partners from the Board of Directors of
the concerned Company, or from the partners of the entity, or from the
proprietor, authorizing the signatory of JV agreement on behalf of them.

iii. The document(s) (any of them as applicable) regarding legal status of all
the individual partners of JV mentioned below:

a) Affidavit or any other document to prove Proprietorship/Individual status

of the Bidder.
OR
b) Partnership deed containing name of partners.

OR
c) Memorandum & Article of Association with certificate of incorporation
containing name of Bidder.
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.

Scanned copy of documents to be uploaded by bidder(s) in support of

Eligibility
information/declaration furnished online by the bidder against Eligibility
Criteria
Criteria (CONFIRMATORY DOCUMENTS)
1 2 3
1 Work Experience Satisfactory Work Completion Certificate issued by the employer against the
(Ref. Clause experience of similar work containing all the information furnished by bidder on-
No.8(A) of NIT) line.
Work order, BOQ, TDS may be sought during clarification or along with deficient
documents as per clause 13(B), if felt necessary by the Tender Committee.

(In case of JV, Satisfactory Work Completion Certificate against individual

partner(s) including Lead Partner of JV as applicable as per details mentioned in
clause No. 8.

2 Financial Financial Turnover certificate having a Unique Document Identification Number

Turnover (UDIN)with Institute of Chartered Accountants of India for last 3 (three) financial
(Ref. Clause years issued by a Practicing Chartered Accountant having a membership number
No.8(B) of NIT) with Institute of Chartered Accountants of India.

(In case of JV, Turnover certificate for each individual partner of JV)
3 Digital Signature If the bidder himself is the DSC holder bidding on-line then no document is
Certificate (DSC) 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.
4 Undertaking by Undertaking regarding relatives as employees of company, Arbitration clause
bidder on (in case of partnership firm), Local supplier status of the Bidder as per clause
his/her/their Letter 8C of NIT, declaration w.r.t Make in India order dated 16.09.2020, Code of
Head as per Integrity for Public Procurement (CIPP) and compliance w.r.t procurement from
Annexure - XIII. bidder of a country which shares a border with India etc.
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.

a. Letter of Bid (LoB): The format of Letter of Bid is given at Annexure VIII 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. No
recycling will be done for this document i.e. no further clarification will be sought from bidder.
 b. Price bid: The Price bid containing the Bill of Quantity will be in Excel format and will be downloaded
by the bidder and bidder will quote the rates for all items on this Excel file. Prior to quoting the rates in
the BOQ file, the bidder will select the appropriate status from the following 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-Il. 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 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.D 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 Technical Bid:

The Technical bid (Cover-I) will be opened one day after the Bid submission end date or next working day
whichever is later. Technical bid (Cover-I) will be decrypted and opened online by the “Bid Openers” with
their Digital Signature Certificates after the prescheduled date & time of Tender Opening.

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 eligibility criteria
as specified in the tender document then the bid will be evaluated by system as non- complied/ auto rejected.

All the documents uploaded by bidder(s) including i.e. Letter of Bid & EMD exemption documents (if any) and
the Evaluation sheets generated by the system online shall be downloaded after opening of Technical bid
(Cover-I). After decryption and opening of Technical bid (Cover-I) the “technical bid opening summary” will be
uploaded on the same day.

13. Technical Evaluation of Tender:

a. After opening of Technical bid, the documents submitted by bidder(s) 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 bidder(s) 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 opening of price bid.

b. In case the Tender Committee finds that there is some deficiency in uploaded documents (i.e. w.r.t
confirmatory documents) corresponding to the information furnished online or in case corresponding
document have not been uploaded by bidder(s) then the same will be specified online by Evaluator clearly
indicating the omissions/shortcomings in the uploaded documents and indicating start date and end date
allowing 7 days (7 x 24 hours) time for online re-submission by bidder(s). The bidder(s) will get this
information on their personalized dashboard under “Upload confirmatory document” link. Additionally,
information shall also be sent by system generated email and SMS, but it will be the bidder‟s responsibility
to check the updated status/information on their personalized dash board regularly after opening of bid. 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 documents within prescribed time. The bidder(s) will upload the scanned
copy of all those specified documents in support of the information/ declarations furnished by them online
within the specified period of 7 days. No further clarification shall be sought from Bidder.
Note: The shortfall information/ documents should be sought only in case of historical documents which pre-
existed at the time of the tender opening and which have not undergone change since then. These
should be called only on basis of the recommendations of the TC. So far as the submission of documents
is concerned with regard to qualification criteria, after submission of the tender, only related shortfall
documents should be asked for and considered. For example, if the bidder has submitted a contract without
its completion/ performance certificate, the certificate can be asked for and considered. However, no new
contract should be asked for so as to qualify the bidder.

c. It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the required documents
as mentioned above.
d. The tender will be evaluated on the basis of documents uploaded by bidder(s) online. The bidder(s) is/are not
required to submit hard copy of any document through offline mode. Any document submitted offline will
not be given any cognizance in the evaluation of tender.

e. In case the bidder(s) submit(s) requisite documents online as per NIT, then the bidder(s) will be considered
eligible for opening of Price Bid.

f. Seeking clarification shall be restricted to confirmation of submitted document/online information only and it
should be only for one time for a period of upto 7 days. The clarification shall be taken in online mode in the
e- Procurement portal of CIL only.

g. In case bidder(s) fails to confirm the online submitted information(s)/ declaration(s) by the submitted
documents as (B) above, their/his bid shall be rejected; however, if the confirmatory documents do not change
eligibility status of the bidder in connection his submitted online information(s)/declaration(s), then his/their
bid will be accepted for opening of Price Bid.

h. After Technical evaluation of tender, “Technical Evaluation Summary” will be uploaded by the evaluator and
price bid shall be opened on/after preschedule date and time mentioned in the NIT online in thee- Procurement
portal of CIL. However, in case there is any extension of date and time of price bid opening, it shall be notified
online and price bid shall be opened online on e-Procurement portal of CIL after rescheduled date and time.

i. In case none of the bidder(s) complies the technical eligibility criteria as per NIT, then bidder(s) will be rejected
online and re-tender (if required) will be done (with the same or different quantity, as per the instant
requirement).

j. If L1 bidder backs out (i.e. Techno commercially established L1 bidder), the EMD will be forfeited and 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.

k. 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 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.

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. If the estimated value of Procurement is less than Rs. 10 crores, 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 as per format at Annexure --.They shall also give details of the location(s) at which
the local value addition is made, if applicable.

II. If the estimated value of procurement is more than Rs. 10 crores, all the Bidders shall submit along
with its bid 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.

III. 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.

IV. 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 20 of GTC.

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

Note (For departmental users & not to be part of Tender Document):

1. In case of procurement of all goods, services or works in respect of which the Nodal Ministry of
department has communicated that there is a sufficient local capacity and local competition, only Class-I
local supplier as defined under the said order, shall be eligible to bid irrespective of purchase value.
2. In procurement of all goods, services or works, not covered by sl. No.1 above and with estimated value
of purchases less than Rs.200 crore in accordance to Rule 161 (iv) of GFR 2017, Global tender enquiries
shall not be issued except with competent approval as designated by Department of Expenditure. Only
Class-I local supplier and Class-II local supplier as defined under the order, shall be eligible to bid in
procurements undertaken by procuring entities, except when global tender enquiries have been issued.
In global tender enquiries, Non-local suppliers shall also be eligible to bid long with Class-I local suppliers
 and Class-II local suppliers.

L. Procurement from Micro and Small Enterprises (MSEs) (APPLICABLE FOR SERVICE NATURE OF
TENDERS)

i) Subject to meeting terms and conditions stated in the tender document including but not limiting to
prequalification criteria, 25% of the work will be awarded to MSE as defined in MSE Procurement Policy issued
by Department of Micro, Small and Medium Enterprises (MSME) for the tendered work/item. Where the tendered
work can be split, MSE quoting a price within a price band of L1 + 15% shall be awarded at least 25% of total
tendered work provided they match L1 price. In case the tendered work cannot be split, MSE shall be awarded
full work provided their quoted price is within a price band of L1 + 15% and they match the L1 price.

ii) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price, the work
may be shared proportionately if the job can be split.

If the job cannot be split, then the opportunity to match the L-1 rate of the tender shall be given first to MSE who
has quoted lowest rate among the MSEs and the total job shall be awarded to them after matching the L-1 price
of the tender, in case the L1 is other than MSE. If MSE is a L1 bidder, full work will be awarded to such bidder. If
the MSE who have quoted lowest rate among the MSEs in the price band of L1 + 15% do not agree to match the
rate of L1 of the tender, then the MSE with next higher quoted rate in the price band of L1 + 15% shall be given
chance to match the rate of L1 for award of the complete job. This process to be repeated in till work is awarded
to MSE or MSE bidders are exhausted.

iii) Out of the 25% target of annual procurement from micro and small enterprises 3(three) percent shall be
earmarked for procurement from micro and small enterprises owned by women. In the event of failure of such
MSEs to participate in the tender process or meet the tender requirements and L1 price, 3(three) percent sub-
target so earmarked shall be met from other MSEs.

iv) Out of the 25% target of annual procurement from micro and small enterprises 4(four) percent shall be
earmarked for procurement from micro and small enterprises owned by Scheduled Caste & Scheduled Tribe
entrepreneurs. In the event of failure of such MSEs to participate in the tender process or meet the tender
requirements and L1 price, four percent sub-target so earmarked shall be met from other MSEs.
v) To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority must be
submitted by the bidder in addition to certificate of registration with anyone of the agencies mentioned in
paragraph (I) above. The bidder shall be responsible to furnish necessary documentary evidence for enabling
CIL/ Subsidiary to ascertain that the MSE is owned by SC/ST. MSE owned by SC/ST is defined as:
 In case of proprietary MSE, proprietor(s) shall be SC /ST
• In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the enterprise.
 In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.
 In case of Public Limited Companies, at least 51% share shall be held by SC/ST entrepreneurs at any given
point of time.

vi) Classification of Micro and Small Enterprise are as under:

a. Micro Enterprise –Enterprise where the investment in plant and machinery or equipment does not exceed one
crore Rupees and turnover does not exceed five core rupees.
b. Small Enterprise- Enterprise where the investment in plant and machinery or equipment does not exceed ten
crore Rupees and turnover does not exceed fifty core rupees.

vii) Micro and Small Enterprises (MSEs) registered under Udyam Registration are eligible to avail the benefits
under the policy.
viii) The MSEs are required to submit copy of documentary evidence, issued by their registering authority whether
they are small enterprise or micro enterprise as per provisions of Public Procurement Policy for Micro and Small
Enterprise (MSEs) Order, 2012 with latest guidelines/clarifications provided by MoMSME.

ix) If MSE Bidder withdraws his offers after last date of bid submission or fails to sign the Agreement or commence
the work as per Conditions of Contract then such Bidder shall be debarred for a minimum period of 1(One) year
in line with provisions of Guidelines on Debarment of firms from Bidding.

x) If a bidder participates as a joint Venture (JV), the benefits as per Public Procurement Policy for MSEs Order-
2012 shall not be applicable to them (Note: Applicable for Tenders for Services).

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 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 03(three).
3. After extension, the tender shall be opened irrespective of available number of bids on the extended
date of opening of tender.

15. One Bid per Bidder:

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. 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.

16. Refund of EMD:

g) 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).
h) 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.
i) 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.
j) In case the tender is cancelled then EMD of all the participating bidders will be refunded unless it is
forfeited by the department.
 k) 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.
l) At the option of 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:

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 information
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.
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.
The Bidder is expected, before quoting his rate, to go through the requirement of
materials/workmanship, specification, requirements and conditions of contract.
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
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.

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.

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 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. 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.

20. Technical Specifications:

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

22. Currencies of Bid and Payment:

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

22. Handing Over of Site:

On completion of the work all rubbish, debris, brick bats etc. shall be removed by the contractor(s) at
his/their own expense and the site cleaned and handed over to the company and he/they shall intimate
officially of having completed the work as per contract.
23. 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.

24. 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.

25. 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.

26. 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 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. 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 Bidding.

27. Bid Validity:

The validity period of the tenders shall be 120(One Hundred Twenty) days from the end date of bid
submission. The validity period of tender shall be decided based on the final end date of submission of bids.

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.28 (Modification and Withdrawal of Bid) of NIT.

28. Modification and Withdrawal of Bid:

Modification of the submitted bid shall be allowed on-line only before the deadline of submission of tender
and the bidder may modify and resubmit the bid on-line as many times as he may wish. Bidders may
withdraw their bids online within the end date of bid submission and their EMD will be refunded. However,
if the bidder once withdraws his bid, he will not be able to resubmit the bid in 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:
 a. If the request of withdrawal is received before online notification for opening of price bid, the EMD will be
forfeited and bidder will be debarred for minimum 1 (one) year from participating in tenders in
CIL/Subsidiary. The Price-bid of remaining bidders will be opened and the tender process shall go on.

b. If the request of withdrawal is received after online notification for opening of price bid, the EMD will be
forfeited and the bidder will be debarred for minimum 1 (one) year from participating in tenders in
CIL/Subsidiary. The Price-bid of all eligible bidders including this bidder will be opened and action will follow
as under:

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 (in case Board is Tender Accepting Authority then with the approval of CMD),
stating that the EMD of bidder is forfeited, and this bidder is debarred for……year 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 clause (a) & (b) above will be enforced from the date of issue of such order. The
standard operating procedure to handle withdrawal of bid after end date of submission shall be as per
Clause no 29 (Standard Operating Procedure for Withdrawal of Bid) of NIT.

29. Standard Operating Procedure for Withdrawal of Bid:

I. The Mode of withdrawal: -

A. Online Withdrawal of Bids:
c. The system of online withdrawal is available on the portal up to end date of bid submission,
where any bidder can withdraw his/her bid which will attract no penal action from department
side.
d. 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 :
c. A partner of bidder (in case of JV and 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 offline method of
withdrawal of his/her offer (or express his disassociation from the bidder organization).
d. Till a fully functional system of online withdrawal of bid (beyond end date of bid submission 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 Committee
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 authentic.
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 (Joint Venture or 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 JV or 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 intention 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 services 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.

30. 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.

31. Public Enterprises preference:

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

32. 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 General Terms and
Conditions.

33. Sub-letting of Work:

No subletting of work as a whole by the contractor is permissible. Subletting of work in piece rated jobs is
permissible with the prior approval of the department. The 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 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.

34. 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.

35. 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.
36. 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.

37. 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.

38. 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-PPD dt 23/7/2020 of Ministry of Finance, GoI as amended
from time to time shall be applicable.
I. 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.
II. “Bidder” (including the term „tenderer‟, „consultant‟ or „service provider‟ in certain context) means any
person or firm or company, including any member of a 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 herein before, including any agency, branch or office controlled by such person,
participating in a procurement process.
III. “Bidder from a country which shares a land border with India” for the purpose of order F.No.
6/18/2019-PPD dated 23.07.2020 means :-
h. An entity incorporated, established or registered in such a country; or
i. A subsidiary of an entity incorporated, established or registered in such a country; or
j. An entity substantially controlled through entities incorporated, established or registered in such
a country; or
k. An entity whose beneficial owner is situated in such a country; or
l. An Indian (or other) agent of such an entity; or
m. A natural person who is a citizen of such a country; or
n. A joint venture where any member of the joint venture falls under any of the above.

IV. “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(s), has a controlling
ownership interest or who exercises control through other means.
Explanation-
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 the majority of the directors or to control the
management 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 entitlement 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 juridical person, has
 ownership of or entitlement to more than fifteen percent of the property 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 interest 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 accept unconditionally in GTE the Undertaking at Annexure-II 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.

39. 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 …..

40. 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.

41. Integrity Pact (applicable for tenders with estimated cost more than Rs. 200 lakhs).
Bidders are required to accept unconditionally the Pre-Contract Integrity Pact in GTE as per enclosed
format, Annexure V

Name, address and contact No. of the Independent External Monitor (IEM) nominated for this tender:
Sl. Name Address email Id
No.
1. Shri V.P. Haran, 23, IFS Villas, P-6, Email ID: [email protected], Mobile no.
IFS(Retd.) Builders Area, 9910724020
Greater Noida, UP-
201310
2. Shri P. Mallikharjun Rao, 72, Prashasan Nagar, Email Id: [email protected], Mobile
IFS (Retd.) Jubilee, Hyderabad- no. 9989171958
500096

Staff Officer (Civil)/Amlohri

(Tender Inviting Authority)

25
 INSTRUCTIONS TO BIDDERS

1. SCOPE OF BIDDER.

The Northern Coalfields Limited (referred to as Employer in these documents) invites bids for the
work(s) as mentioned in the Notice. The Bidder should submit Bid for all the works mentioned in theNIT.

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.

The Invitation for Bids is open to all Bidders including an individual, proprietorship firm, partnership firm,
company registered under Companies Act, any legal entity or joint ventures. The bidders shall be eligible to
participate only if they fulfill the qualifying criteria laid down separately hereinafter.

Deleted

Joint Venture: Two or three companies/contractors may jointly undertake contract/contracts. Each entity
will be jointly and severally responsible for completing the task as per the contract (applicable for bids having
estimated cost above Rs.2 Crores).

Joint Venture details:

Name of all partners of a joint venture (not more than 3):

1. Lead partner
2. Partner
3. Partner

Note - 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.

Joint Venture must comply the following requirements:

i) Following are the minimum qualification requirements for Joint Venture

a) The qualifying criteria parameter e.g. experience of the individual partners of the J.V will be as
deliberated under cl.3.3(A) of ITB towards fulfillment of qualification criteria related to experience.

b) The qualifying criteria parameter e.g. financial resources (Turnover) of the individual partners of the
J.V. will be added together, for the relevant period, and the total criteria should not be less than as
deliberated under cl.3.3(B) of ITB towards fulfillment of qualification criteria related to financial turnover.

ii) The formation of joint venture or change in the Joint Venture character/ partners after submission of the
bid and any change in the bidding regarding Joint Venture will not be permitted.

iii) The bid, and in case of a successful bid, the agreement, shall be signed so as to legally bind all partners
jointly and severally and any bid shall be submitted with a copy of the Joint Venture Agreement providing
the joint and several liabilities with respect to the contract.

iv) The pre-qualification of a Joint Venture does not necessarily pre-qualify any of its partners individually
or as a partner in any other Joint Venture or association.

26
 v) The bid submission must include documentary evidence to the relationship between Joint Venture
partners in the form of JV Agreement to legally bind all partners jointly and severally for the proposed
agreement which should set out the principles for the constitution, operation, responsibilities regarding
work and financial arrangements, participation (percentage share in the total) and liabilities (joint and
several) in respect of each and all of the firms in the Joint Venture. Such JV Agreement must evidence the
commitment of the parties to bid for the facilities applied for (if pre-qualified) and to execute the contract
for the facilities if their bid is successful.

vi) One of the partners shall be nominated for being in charge of the contract and shall be designated as
Lead Partner. This authorization shall be evidenced by submitting with the bid a Power of Attorney signed
by legally authorized signatories of all the partners.

vii) The JV Agreement must provide that the Lead Partner shall be authorized to incur liabilities and receive
instructions for and on behalf of any and all partners of the Joint Venture and the entire execution of the
contract shall be done with active participation of the Lead Partner.

viii) The contract agreement should be signed by each Joint Venture Partners. Subsequent declarations/
letters/ documents shall be signed by lead partner authorised to sign on behalf of joint venture or authorised
signatory on behalf of JV.

ix) The bid should be signed/ digitally signed by the DSC holder submitting the bid.

x) An entity can be a partner in only one Joint Venture. Bid submitted by Joint Venture including the same
entity as partner will be rejected.

xi) The JV agreement may specify the share of each individual partner for the purpose of execution of this
contract. This is required to fulfill eligibility and also for the purpose of apportioning the value of the contract
to that extent to individual partner for subsequent submission in other bids if he intends to do so for the
purpose of the qualification in that Bid.

xii) The earnest money / Bids Security can be submitted by the Joint Venture / one or more partners of the
joint venture.

xiii) The JV agreement must specifically state that it is valid for the project for which bidding is done. If JV
breaks up mid-way before award of work and during bid validity period bid will be rejected.

If JV breaks up midway before award of work and during bid validity/after award of work/during pendency
of contract, in addition to normal penalties as per provision of bid document, all the partners of the JV
shall be debarred from participating in future bids for a minimum period of 12 months.

xiv) JV agreement shall be registered in accordance with law so as to be legally valid and binding on the
members before making any payment.

xv) JV shall open a Bank Account in the name of JV and all payments due to the JV shall be credited by
employer to that account only. To facilitate statutory deductions all statutory documents like PAN/GSTIN,
etc. in the name of the Joint Venture shall be submitted by JV before making any payment.

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

No sub-letting of the work as a whole by the contractor is permissible. Prior permission is required to be
taken from the principle employer for engagement of sub-contractors in part work/ piece rated work. The total

27
 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 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 BIDER

The bidders shall be required to submit bid with all the information as sought online along with required
documents.

All bidders shall submit the following information and documents with their bids:

a. Copies of documents in support of legal status of bidder as per NIT; written power of attorney of
signatory of the Bid to commit the Bidder.
b. Experience of having successfully completed similar works in support of eligibility criteria during last
seven years including monetary value and period as per e-Tender Notice.
c. Average annual financial turnover during the last 3 (three) years ending 31st March of the previous
financial year should be at least 30% of the estimated cost put to tender as mentioned in e-Tender
Notice.
(The “Previous Financial Year” shall be computed with respect to the e-Publication date of NIT).
d. Permanent Income Tax Account No.(PAN) details as mentioned in e-Tender Notice.
e. Document to support the status of bidder with respect to GST as mentioned in e-Tender Notice.
f. The Bidder will have to submit a declaration in support of the authenticity of the credential submitted
by him and also with other commitment along with the Bid in the form of an undertaking as per the
format provided in the bid document.
g. Two or three companies/contractors participating in the bid as Joint Venture should submit Firm-wise
e.g. (i) participation details/contribution of each, (ii) Legal status of firm, (iii) PAN, (iv) GST registration
Certificate/status and also (v). JV Agreement on non-judicial Stamp-paper as per given format.
h. Any other document to support the qualification information as submitted by bidder.

To qualify for award of the contract –

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.

28
Similar nature of work shall include …………………………………………………………………

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 as well as maintenance and/ or
operation after construction, the experience of such work may be considered as „acceptable‟ if the construction
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 will be
considered whether or not the date of commencement is within the said 7(seven) years period.

Cost of previous completed works shall be given a simple weightage of 5% 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.

For work experience bidders required to submit Satisfactory Work Completion Certificate issued by the
employer against the Experience of similar work containing all the information as sought on-line.

Work order, BOQ, TDS may be sought during clarification or along with deficient documents as per the relevant
clause, if felt necessary by the Tender Committee.

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%.

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:-

i) Any of the JV partner/JV itself 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) Either the JV itself/ 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

29
 40% of the estimated cost put to tender:-

i) Either the JV itself/ 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.

The above qualification criteria shall be met collectively by JV partners or JV itself.

The qualifying criteria parameter e.g. experience of the individual partners of the JV will be added together
towards fulfilment of qualification criteria related to experience.

Note: This Work Experience criteria is not applicable for tenders with ECV below 50 lakhs.

B. Financial Turnover:
Average annual financial turnover during the last 3 (three) years ending 31st March of the previous financial
year should be at least 30% of the estimated cost.
(The “Previous Financial Year“ shall be computed with respect to the e-Publication date of NIT).

The intending bidder must submit Turnover certificate issued by a Practicing Chartered Accountant having a
membership number with Institute of Chartered Accountants of India.

Financial turnover shall be given simple weightage of 5% per year to bring them at current price level,
While evaluating the qualification requirement of the bidder. Such weightage shall be considered from the
end date of financial year. 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.

Joint Ventures shall meet the above eligibility requirement, in the following manner:

The qualifying criteria parameter e.g. financial resources (Turnover) of the individual partners of the J.V.will
be added together, for the relevant financial year, and the total should not be less than as spelt out above.

(In case of JV, Turnover certificate for each individual partner of JV)

Note: Financial Turnover criteria is not applicable for tenders with ECV below 50 lakhs.

If the bidder is a 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.

Even though the bidders meet the above qualifying criteria, they are subject to be disqualified:-

(i) if they have made misleading or false representations in the forms, statements and attachments
submitted as proof of the qualification requirements.

4. ONE BID PER BIDDER

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. A Bidder who submits
30
 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.

5. 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.

6. SITE VISIT

The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit and examine the Site of
Works and its surroundings, 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 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.

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 actually visits the site/area or not
and has taken all the factors into account while quoting his rates.

The bidder is expected, before quoting his rate, to go through the requirement of materials / workmanship,
specification, requirements and conditions of contract.

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.

7. CONTENT OF BIDDING DOCUMENTS

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;
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.

8. CLARIFICATION OF BIDDING DOCUMENTS

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

The pre-bid meeting if applicable shall be held in the office of Tender Inviting Authority, on the scheduled
31
 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

9. AMENDMENT OF BIDDING DOCUMENTS (BE DELETED FOR NORMAL WORKS, APPLICABLE FOR
SPECIALISED WORK)

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

Any addendum thus issued shall be part of the bidding documents and shall be displayed in the website.
The bidder shall upload/ submit the same during bid submission.

To give prospective Bidders reasonable time in which to take an addendum into account in preparing their
Bids, the Employer may extend, as necessary, the deadline for submission of Bids, in accordance with Sub-
clause 18.2 below.

Bidders are requested to look into website for any addendum as specified in the NIT.
NOTE:-Instructions to bidders shall not incorporate this provision in the Bid for normal civil engineering works.

10. LANGUAGE OF BID

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

11. 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 authenticity of the declarations regarding the facts,
figures, information and documents furnished by the Bidder on-line in order to become an eligible bidder. No conditional
bid shall be allowed/accepted.

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, declaration w.r.t Make in India order dated
16.09.2020, Bid Security Declaration 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. No recycling will be done for this
document i.e. no further clarification will be sought from bidder.

e. Confirmatory Documents: All the confirmatory documents as enlisted in the NIT in support of online
32
 information furnished by the bidder are to be uploaded in Cover-I & OID (Other Important Document, if
applicable) by the bidder while submitting the bid online.

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.

12. BID PRICES

Deleted

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.

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.

If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods or
33
 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.

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 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.

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.

13. CURRENCIES OF BID AND PAYMENT

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

14. BID VALIDITY

Bid shall remain valid for a period not less than 120 days from the end date of bid submission. A bid valid
for a shorter period shall be rejected by the Employer.

In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the
bidders may extend the period of validity for a specified additional period. The 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.

15. BID SECURITY/EARNEST MONEY DEPOSIT

The bidder shall furnish, as part of his bid, a Bid Security/Earnest Money of the amount as shown in e-
Tender Notice for this particular work. Bid Security/EMD will be required to be deposited in the form as
deliberated below:
The bidder will have to make the payment of EMD through online mode only.

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 In case of payment through net-banking the money will be
immediately transferred to CIL/Subsidiary‟s designated Account. In case of payment through NEFT/RTGS
the bidder will have to make payment as per the Challans generated by system on e-Procurement portal
before submission of bid. Bidder will be allowed to submit his/her bid only when the EMD is successfully
received in CIL/Subsidiary account and the information flows from Bank to e-Procurement system.

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 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.

34
 Demand Drafts/ Banker‟s cheque/ NEFT will be acceptable as Earnest Money/ Bid Security for tenders
having estimated value below Rs. 2 lakhs.

15.2. Any bid, which has not been, submitted either with the requisite amount of EMD or the valid exemption
document (as applicable) shall be summarily rejected by the employer as non-responsive.

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).

The Bid Security / EMD of successful bidder may be retained and adjusted with performance security /
security deposit at bidder‟s option.

The Bid Security/Earnest Money may be forfeited:

a. if the Bidder withdraws the Bid after the end date of Bid submission 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

Additionally, the company shall debar 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 debarment shall also be applicable to all individual partners of
JV/Partnership firm.

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

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.

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,
bidder should submit E-Mandate form in format provided by company.

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

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.

16. SIGNING OF BID

The 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 addition to the digital
signature of DSC holder, it will be accepted without questioning the identity of person singing the bid.

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.

17. Deleted
35
18. DEADLINE FOR SUBMISSION OF BIDS

Bids shall be submitted online on the e-procurement portal of CIL within the stipulated date and time.

The Employer may extend the deadline for submission of Bids by issuing a corrigendum or an amendment,
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.

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 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.

19. LATE BIDS

No Bid shall be received by the e-procurement portal after the deadline or the extended deadline, as the
case may be.

20. MODIFICATION AND WITHDRAWAL OF BIDS

For Single Cover System:

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.

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 1(One) year from participating in tenders in CIL/Subsidiary.

The Price-bid of all eligible bidders including this bidder will be opened and action will follow as under:
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:
36
 In case of above, a letter will be issued to the bidder by Tender Inviting Authority with the approval of Tender
Accepting Authority (in case Board is Tender Accepting Authority then with the approval of CMD), stating that
the EMD of bidder is forfeited, and this bidder is debarred for…….year 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.

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

For Two Part System:

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

Bidders may withdraw their bids online within the end date of bid submission and their EMD will be
refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit the bid in 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:
a. If the request of withdrawal is received before online notification for opening of price bid, the EMD will
be forfeited and bidder will be debarred for minimum 1 (one) year from participating in tenders in
CIL/Subsidiary. The Price-bid of remaining bidders will be opened and the tender process shall go on.
b. If the request of withdrawal is received after online notification for opening of price bid, the EMD will be
forfeited and the bidder will be debarred for minimum 1 (one) year from participating in tenders in
CIL/Subsidiary.

The Price-bid of all eligible bidders including this bidder will be opened and action will follow as under:
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 (in case Board is Tender Accepting Authority then with the approval of CMD), stating that
the EMD of bidder is forfeited, and this bidder is debarred for……year 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 clause (a) & (b) above will be enforced from the date of issue of such order.

*Delete whichever is not applicable

21. BID OPENING

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

22. PROCESS TO BE CONFIDENTIAL

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 opening of bid till
award of contract. Additionally, information shall also be sent by system generated e-mail and SMS at nodal
37
 points (Date of bid opening, Requisition for Clarification on Confirmatory document from bidder(s), 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 Confirmatory documents within prescribed time..

Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may result in the
rejection of his Bid.

From the time of bid opening to the time of contract award, no bidder shall contact the Procuring Entity on any matter
related to the bid, except on request and prior written permission.

23. CLARIFICATION OF BIDS

To assist in the examination, evaluation, and comparison of Bids, the Employer may, at the Employer's
discretion, ask any Bidder for clarification of the Bidder's Bid, including breakdowns of unit rates. The request
for clarification and the response shall be in writing. To assist in the examination, evaluation, and comparison
of Bids, the Employer may, ask any Bidder for clarification of the Bidder's Bid, including breakup of unit rates.
The request for clarification and the response shall be in online mode.

In case the Tender Committee finds that there is some deficiency in uploaded documents corresponding
to the information furnished online or in case corresponding document have not been uploaded by bidder(s)
then the same will be specified online by Evaluator clearly indicating the omissions/shortcomings in the
uploaded documents and indicating start date and end date allowing 7 days (7 x 24 hours) time for online re-
submission by bidder(s). The bidder(s) will get this information on their personalized dashboard under “Upload
confirmatory document” link. Additionally, information shall also be sent by system generated email and SMS,
but it will be the bidder‟s responsibility to check the updated status/information on their personalized dash board
regularly after opening of bid. 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 documents within prescribed time. The
bidder(s) will upload the scanned copy of all those specified documents in support of the information/
declarations furnished by them online within the specified period of 7 days. No further clarification shall be
sought from Bidder.

Seeking clarification shall be restricted to confirmation of submitted document/online information only and it
should be only for one time for a period of upto 7 days. The clarification shall be taken in online mode in the e-
Procurement portal of CIL only.

Note: The shortfall information/ documents should be sought only in case of historical documents which pre-
existed at the time of the tender opening and which have not undergone change since then. These should be
called only on basis of the recommendations of the TC. So far as the submission of documents is concerned
with regard to qualification criteria, after submission of the tender, only related shortfall documents should be
asked for and considered. For example, if the bidder has submitted a contract without its completion/
performance certificate, the certificate can be asked for and considered. However, no new contract should be
asked for so as to qualify the bidder

No document presented by the bidder after closing date and time of submission of bid will be considered
unless otherwise called for as per clause 23.2 above.

24. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:
a. meets the eligibility criteria defined in Clause 3;
b. has been properly signed;
c. is accompanied by the required Bid security/ EMD Exemption Document (if applicable).
d. is substantially responsive to the requirements of the Bidding documents.

38
 A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the
Bidding documents without material deviation or reservation. A material deviation or reservation is one :
a. which affects in any substantial way the scope, quality, or performance of the works:
b. which limits in any substantial way, inconsistent with the Bidding documents, the Employer's
rights or the Bidder's obligations under the Contract; or
c. whose rectification would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.

If a Bid is not substantially responsive, it may be rejected by the Employer at its sole discretion.

25. Deleted

26. EVALUATION AND COMPARISON OF BIDS.

The Employer will evaluate and compare only the Bids determined to be substantially responsive in
accordance with Clause 24.Price bid of the bidder will have no condition.
The price bid which is incomplete and not submitted as per instruction given in the bid document will be rejected.

The evaluation of Bid, by the Employer shall be done as per Bid Prices as submitted by the Bidder in
online Mode and subsequently downloaded from the e-procurement portal of CIL.

The Employer reserves the right to accept or reject any Bid not conforming to the requirements of the
Bidding documents.

No document presented by the bidder, after closing date and time of bid, will be taken into account by the
evaluation committee unless otherwise called for during scrutiny / technical scrutiny by the tender committee
as clarification. This however, will have no bearing with the price quoted in the price bid. If a bidder offers a
rebate unilaterally after the end date and time of the bid submission, it will not be taken into account for
evaluation purpose by the tender committee. But if that bidder emerges as the lowest evaluated, the rebate offer will
be taken into account for determination of the total offer.

Bid evaluation shall be done after taking into consideration overall quoted price by the bidder and effect
of Goods and Services tax (GST), GST Compensation Cess etc. as applicable. L1 will be decided based on
cost to the company.

If the bid of the successful bidder is seriously unbalanced in relation to the estimate of the cost of work to
be performed under the contract, the company may require the bidder to produce detailed price analysis for
any or all items of the Bill of quantities to demonstrate the internal consistency of these prices with the
construction method and the schedule proposed.

27. ABNORMALLY HIGH RATE & ABNORMALLY LOW RATE ITEMS.

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.

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:-
39
 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 upto 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.
f) For Roads, all items of excavation and filling including treatment of sub base.

28. AWARD CRITERIA

Subject to Clause 29, 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.

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

Notwithstanding Clause 28, 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.

30. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT

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.

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

40
 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.

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 on Debarment of firms from
Bidding along with forfeiture of Earnest Money. The bidder will also debarred from participating in re-tender.

No payment for the work shall be made before execution of this agreement.
In the bidding process, the cause of rejection of Bid of any bidder shall be intimated to non-qualified
bidder online and the Earnest Money shall be refunded to unsuccessful bidders as per relevant clauses.

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 any additional copy, additional 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.

31. PERFORMANCE SECURITY/SECURITY DEPOSIT

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 cl.4 of General Terms of Conditions.

32. EMPLOYMENT OF LABOUR

Contractors are to employ, to the extent possible (as per policy decision of the company valid 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 respective 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.
41
 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 authority 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.

The bidder shall also comply with statutory requirements of various acts including CL(R&A) Act.

The contractor‟s workmen shall be paid through Bank.

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.

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 32.1 shall stand amended to this
extent before notification of bid.

NOTE: Maximum likely number of workmen to be deployed for the work per day is 19 nos.

33. LEGAL JURISDICTION

35.1 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.

34. DOWNLOADING BID DOCUMENT FROM WEB-SITE.

i) The bidders will download the Bid documents from the website. The company shall not be responsible
for any delay/ difficulties/ inaccessibility of the downloading facility for any reason whatsoever. The
downloading facility shall be available as soon as the bid is notified.
ii) The bid document as available online on the e-procurement of CIL shall always prevail and will be binding
on the Bidders. Any claim on account of any deviation with respect to this online Bid document from the
Bidder side shall not be entertained.

35. E-PAYMENT

The bidders are to furnish the details of their bank A/c Nos. Name and Address of the Bank and Branch Code
along with the Bid. Successful bidders/ Bidders are required to submit an Authorization form duly signed for e-
payment to them. Enclosed Annexure be filled in and submitted along with the Bid.

36. INTEGRITY PACT (APPLICABLE FOR BIDS WITH ESTIMATED COST EXCEEDING (more than Rs. 200
lakhs/ as decided by CIL/ Subsidiary).

Bidders are required to accept unconditionally in GTE (General Technical Evaluation) the pre-contract integrity

42
 pact as per enclosed format along with the bid.

37. CHANGES IN FIRMS CONSTITUTION TO BE INTIMATED

Prior approval in writing of the Company shall be obtained before any change is made in the constitution of the
contracting agency. If prior approval is not obtained the same will be treated as a breach of contract.

38. MISCELLANEOUS.

The bidders should fill the bid document properly and carefully. They should avoid quoting absurd rates.
Throughout the bidding documents, the terms „bid‟ and „tender‟ and their derivatives are synonymous.
Provisions related to instructions to bidder shall be a part of agreement.

43
 CHECK LIST FOR SUBMISSION OF BID.
(Specimen only, subject to improvement)

1) Earnest Money exemption document, if applicable.

2) Constitution / Legal status of Bidder including place of Registration and Principle place of business e.g.
Certificate of Incorporation in the name of bidder, Memorandum of Association, Articles of Association,
Partnership Deed, affidavit in case of proprietary-firm and Authorization / Power of Attorney of Bid
Signatory.

3) Joint Venture details including original JV Agreement and details covering 2 above for JV Partners –
if applicable.

4) Details of Permanent Account No. (PAN).-

In case of JV, PAN card for each Indian partner of JV and Verifiable Tax Residency Certificate of
respective country for each foreign partner or JV itself.

5) Details related to fulfillment of Eligibility Criteria.

a. Certificate of completion of similar work, if applicable

b. Work order, BOQ, TDS for the work(s), if applicable
c. Financial Turnover certificate of last 3-years, if applicable

6) Document to support the GST status of bidder

(In case of JV, Bidder should submit scanned copy of GST status of Lead Partner only or GST
Registration Certificate of JV itself)

7) Undertaking on Bidder's letterhead as per enclosed pro-forma.

8) Price Bid comprising of priced Bill of Quantity duly filled in

Note: If a bidder participates as a joint Venture (JV), the benefits as per Public Procurement Policy for
MSEs Order-2012 shall not be applicable to them (Note: Applicable for Tenders for Services).

44
 CONDITIONS OF CONTRACT

GENERAL TERMS AND CONDITIONS

1. Definitions

i) The word "Employer" or "Company” or “Owner” wherever occurs in the conditions, means the
Northern Coalfields Limited, represented at Head Quarters of the Company by the ....... 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) "Bid" (including the term „tender‟, „offer‟, „quotation‟ or „proposal‟ in certain contexts) means an offer to
supply goods, services or execution of works made in accordance with the terms and conditions set out
in a document inviting such offers.
iv) "Bidder" (including the term „tenderer‟, „consultant‟ or „service provider‟ in certain contexts) means any
eligible person or firm or company, including a Joint Venture (that is an association of several persons,
or firms or companies), participating in a procurement process with a Procuring Entity.
v) "Bid security" (including the term „Earnest Money Deposit‟(EMD), in certain contexts) means a security
from a bidder securing obligations resulting from a prospective contract award with the intention to
avoid: the withdrawal or modification of an offer within the validity of the bid, after the deadline for
submission of such documents; failure to sign the contract or failure to provide the required security for
the performance of the contract after an offer has been accepted; or failure to comply with any other
condition precedent to signing the contract specified in the tender documents.
vi) “Class-I local supplier” means a supplier or service provider, whose goods, services or works offered
for procurement, meets the minimum local content as prescribed for „Class-I local supplier‟ under the
Public Procurement (Preference to Make in India), Order 2017.
vii) “Class-II local supplier” means a supplier or service provider, whose goods, services or works offered
for procurement, meets the minimum local content as prescribed for „Class-II local supplier‟ but less
than that prescribed for „Class-I local supplier‟ under the Public Procurement (Preference to Make in
India), Order 2017.
viii) “Local Content” means the amount of value added in India which shall, unless otherwise prescribed by
the Nodal Ministry, 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.
ix) “Non-Local supplier” means a supplier or service provider, whose goods, services or works offered for
procurement, has local content less than that prescribed for „Class-II local supplier‟ under the Public
Procurement (Preference to Make in India), Order 2017.
x) "Notice inviting tenders" (including the term „Invitation to bid‟ or „request for proposals‟ in certain
contexts) means a document and any amendment thereto published or notified by the Procuring Entity,
which informs the potential bidders that it intends to procure goods, services and/or works.
xi) "Prospective bidder" means anyone likely or desirous to be a bidder.
xii) "Procurement contract" (including the terms „Purchase Order‟ or „Supply Order‟ or „Withdrawal Order‟
or „Work Order‟ or „Consultancy Contract‟ or „Contract for other services‟ under certain contexts), means
an agreement relating to the subject matter of procurement, entered into between the Procuring Entity
and the supplier, service provider or contractor on mutually acceptable terms and conditions and which
are in compliance with all the relevant provisions of the laws of the country. The term “contract” will also
include “rate contract‟ and “framework contract”.

45
 The agreement shall include the notice inviting tender, the tender/bid as accepted by the company, the
work order issued to the contractor, and the formal contract agreement executed between the company
and the contractor together with the documents referred to therein including general terms and
conditions, special conditions, if any, frozen terms and conditions/technical parameters/scope of work
and revised offer, if any, specifications, drawings, including those to be submitted during progress of
work, schedule of quantities with rates and amounts.
Until the formal agreement is signed between the Owner and contractor, LOA/Work order together with
contract document accepted by the bidder (i.e., bid/ tender/ proposal/ offer) shall constitute the contract.
xiii) 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.
xiv) "Site" means the land and places including any building and erection 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 specifically designated in the Contract as forming part of the site.
xv) The term "Sub-Contractor" as employed herein, includes those having a direct contract with Contractor
either on piece rate, item rate, time rate or any other basis and it includes one who furnishes work to a
special design according to the plans or specifications of this work but does not include one who merely
supplies materials.
xvi) "Accepting Authority" shall mean the management of the company and includes an authorized
representative of the company or any other person or body of persons empowered on its behalf by the
company.
xvii) "Engineer-in-charge" shall mean the officer nominated by the company in the Civil Engineering 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 executed at the site,
on his behalf under their Delegation of Powers of the company. However, overall responsibility, as far
as the contract is concerned, will be that of the Engineer-in-Charge/Designated Officer in Charge.
xviii) A "Day" shall mean a day of 24 hours from midnight to midnight.
xix) The "Work" shall mean the works required to be executed in accordance with the contract/work order
or parts thereof as the case may be and shall include all extra or additional, altered or substituted works
or any work of emergent nature, which in the opinion of the Engineer-in-charge, become necessary
during the progress of the works to obviate any risk or accident or failure or become necessary for
security.
xx) "Schedule of Rates” referred to in this conditions shall mean the standard schedule of rates prescribed
by the company and the amendments issued from time to time.
xxi) "Contract amount" shall mean:
a) in the case of turnkey / lump sum contracts the total sum for which tender is accepted by the company.
b) in the case of other types of contracts the total sum arrived at based on the individual rate(s) /
percentage rate(s)quoted by the tenderer for the various items shown in the Schedule of

46
 Quantities" of the tender document as accepted by the Company with or without any alteration
as the case may be.
xxii) "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 delivered at or sent by registered mail / e-mail to the last
business address known to him who gives the notice.
xxiii) "The constructional plant" means all appliances, tools, plants or machinery of whatsoever 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 permanent work.
xxiv) "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.
xxv) "Department" means the Civil Engineering Department of Coal India Limited or any of its subsidiary
companies/units represented by the appropriate authority.
xxvi) "Act of insolvency" means as it is designed by Presidency Town Insolvency Act or Provincial
Insolvency Act or any act amending such originals.
xxvii) The words indicating the singular only also include the plural and vice-versa where the context so
requires.
xxviii) "Drawings"/"Plans" shall mean all drawings furnished by the owner with the bid document , if any, as
a basis for proposals,
a. working drawings furnished by the Owner after issue of letter of acceptance of the tender to start
the work,
b. subsequent working drawings furnished by the owner in phases during progress of the work,
and
c. drawings, if any, submitted by the contractor as per provision of the contract and duly approved
by the owner.
xxix) "Codes" shall mean the following, including the latest amendments, and/or replacements, 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.

47
 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 ).

(x) Guidelines on Debarment of firms from Bidding.

(xi) Code of Integrity for Public Procurement (CIPP)

(xii) Any other document if required.

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.

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.

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

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.

Simultaneously the original copy of LOA may also be sent to the Bidder through registered/speed post. The
offline communication of LOA, shall not be mandatory.

3. Discrepancies in contract documents & Adjustments thereof

48
 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.
e) BIS Specifications.

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.

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.

Security Deposit:

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.

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 Commercial 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 issued 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 deposit.

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.

49
 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. 86 Opp.-Office, Ward No. 3, Morwa, Tehsil Singrauli, Madhya Pradesh – 486889
IFSC Code: ICIC0003529
Account No. ICICI BANK LTD - A/c No. 352905000016
SFMS Details
Field
No.

7035 IFSC Code: ICICOO03529

7036 ICICI BANK LTD - A/c No.

352905000016

7037 NCL540172593

Original copy of the Bank Guarantee issued by the Issuing Bank shall be sent by the issuing bank to Civil
Engineering Division of (CIL/Subsidiary).

In case the successful bidder fails to submit the Performance Security within the stipulated time then the award
of work may be cancelled with forfeiture of the bid security/earnest money.

Additionally, the company shall debar 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 partners 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).

5% Performance Security should be refunded within 14 days of the issue of defect liability certificate (taking
over certificate with a list of defects).

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 25 lakhs subject to the condition that amount of any Bank Guarantee

50
except last one, shall not be less Rs. 25 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, 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 Commercial Banks as elaborated at Cl.4.2.

Retention Money should be refunded after issue of No Defect Certificate.

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.

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 Cl. No.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 , subject to the following conditions:

a) Any defect/defects in the work, if detected after issue of defect liability certificate (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.

b) In the case of building work or other work of similar nature, the refund shall be made on the expiry of the said
six months period or at the end of one full monsoon period i.e. June to September, whichever is later in point of
time and any defects such as leakages in roof, effloresces in walls, dampness, defects in drainage etc. should
be rectified to the satisfaction of Engineer-in-Charge.

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 / cleaning, horticulture, tank cleaning, jungle cutting, grass cutting,
surface dressing 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.

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.

Additional performance security: (applicable for item rate as well as percentage rate tenders):
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 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.
51
 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.

Refund of Security Deposit regarding Specialized Item of Works (shall be applicable only when relevant
item exists in the contract and shall be for 10% of value of such items in the contract or for 10% of value of
contract with such specialized items only).

a) For some specialized items of work such as anti-termite treatment, waterproofing work, kiln seasoned and
chemically treated wooden shutters, or any other item of work deemed as such „specialized‟ by Engineer-in-
Charge that are entrusted to specialized firms or contractors who associate specialized agencies, the contractor
/ firm executing the work should be asked to give a specific guarantee that they shall be responsible for removal of any
defects cropping up in these works executed by them during the guarantee period. The form of the guarantee to be
executed by the contractors shall be as enclosed.

b) 10% security deposit (performance security and retention money) deposited / deducted from the bills of the
contractors, relevant to the item(s), shall be refunded to him after expiry of Guarantee period. The security amount
relevant to the item(s) of work, may be released after 12 months of completion of work against equivalent BG
and furnishing Guarantee as at (a) above.

Refund of security deposit for contracts with supply installation and commissioning of equipment i.e
with Mechanical & Electrical Works (shall be applicable only when relevant item exists in the contract)

For some specialized contracts like Pump house, Intake well etc. there may be Civil works as well as Mechanical
and Electrical works. For such works 10% as security deposit (performance security and retention money)-
deposited / deducted from the bills of the contractors shall be refunded to him after expiry of guarantee period,
which will be one year from the date of commissioning of equipment/ completion of work and/or rectification of
any defect which may be detected in the individual equipment for the whole system under the contract,
whichever is later.

In addition, all types of manufacturers guarantee/warranty wherever applicable are to be issued/ revalidated in
the name of the owner by the contractual agency and will be covered with relevant counter guarantee.
Bank guarantees furnished against Performance Security and Retention Money shall be validated for a period
90 days beyond the guarantee period.

5. Deviations/Variations in Quantities and Pricing.

52
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.
The variation register may be maintained in SAP in electronic form to have a proper control over variations.

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. In case there are changes in ground levels from those shown in
the approved drawings, they shall be agreed in writing, jointly by the contractor and EIC.

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.

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.
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
53
 be final and binding on the contractor.

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.

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.

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.

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
54
 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.

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.

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.

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.

Extension of AMC contracts (applicable only for AMC contracts)-

The AMC Contracts shall be normally for two years or as specified in the NIT from the date of commencement.
However, in exceptional cases of exigencies, CIL/Subsidiary reserves the right to Extend the Contract for a
period of 30% of the contract period as specified in NIT or for a period of 08 months, whichever is lesser after
due appraisal of performance at the end of the Contract on the same terms and conditions.

6. Time for Completion of Contract, Extension thereof, Defaults and Compensation for 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
techniques on the basis of a construction 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.

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
55
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.

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.

The LD will be applicable on the price as varied by the operation of the Price Variation Clause i.e. price variation
amount shall be added/ deducted to the contract price for deriving the LD.
The company, if satisfied, that the works can be completed by the contractor within a reasonable time
after the specified time of completion, may allow further extension of time at its discretion with or without the
levy of L.D. In the event of extension granted being with L.D, the company will be entitled without prejudice to
any other right or remedy available in that behalf, to recover from the contractor as agreed damages equivalent
to half percent of the contract amount/ Revised Contract amount of the works whichever is less for each week
or part of the week subject to a ceiling as described at Cl.6.2.

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.

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.

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 (Except
EMD) 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.

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.

Extension of Contract Time for completion

56
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, epidemics, 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 condonable 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 statutory authorities, the beginning and end of FM
occurrence and cessation of such Force Majeure 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 labour 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 circumstances, extra
effort or developments beyond the control of CIL/Subsidiary or the tenderer 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. 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 consider 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 plotting 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 categorised, it should then be determined not only whether the contractor 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 “Hinderance”:-
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-
57
 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 unavoidable
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 ordered, be extended, if
requested by the contractor as follows:
i. In the proportion which the additional cost of the altered, additional or substituted work, 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.
l) 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 limited to
GM(Civil)/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 relating 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 Approving Authority limited to CMD of CIL/ Subsidiary.

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 observed 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 contractor.

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
58
unavoidably hindered in its execution or on any other grounds as mentioned 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 before 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 Period (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 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(Civil)/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/ Subsidiary.

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 extension 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 contract 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 future.

xi) The period during which the contract remains valid is a matter of agreement and if the period originally
59
 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 Department or of both.

The extension, in order to be binding, will have to be by parties‟ agreement, express or implied.

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 extension 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.

* The company may, of its own or at the request of the contractor, supply such materials as may be specified,
if available, at rate/rates to be fixed by the Engineer-in-charge.

For the materials which the company has agreed to supply for the contract, the contractor shall give in
writing of his requirements in accordance with the agreed phased programme to the Engineer-in-charge
sufficiently in advance.

The value of materials so supplied shall be set off or deducted from the payment to be made for the items of
work in which such materials have been consumed, or from any sum then due or to become due to the
contractor thereafter.

* The company will supply steel both reinforcement and structural and cement at the following rates inclusive
of all taxes. The contractor shall bear all the cost for transportation; handling and storage from the issuing store
of the company to contractor's work site store.

i) Reinforcement Steel *:-

a) M.S. Round : Rs.
b) Tor Steel : Rs.
c) Structural Steel : Rs.
ii) Cement * : Rs.
[* delete whichever is not applicable ]

If the steel is issued by the department, the wastage of steel shall be the barest minimum. The wastage
allowed from theoretical quantity will be upto a maximum of 5% to cover the wastage due to cutting into pieces,
bending and other factors. No cut pieces or scrap less than 2 mtr. in length will be taken by the department.
Efforts should be made to use the cut pieces of 2 mtr. or above length as far as possible.

60
If the wastage of steel is more than the permissible variation mentioned above the cost of excess wastage
made by the contractor shall be recovered at double the issue rates indicated above, or 115% of prevailing
market rate along with GST and any other Tax applicable during the period of work, whichever is more.

No allowances shall be entertained on account of Rolling Margin for the steel either issued by the department
or procured by the contractor.

If the cement is issued by the department, the variation of 5% will be permitted over the theoretical
consumption of cement for value of work upto Rs.10.00 lakhs and 3% for value of work above Rs.10.00 lakhs.
In the event of cement consumed is more/less than specified above, the recovery for the quantity of cement
consumed in excess or less than the specified quantity shall be made at double the issue rate or 115% of
prevailing market rate along with GST and any other Tax applicable during the period of work, whichever is
more.

In case the department is not able to supply cement/steel as per the provisions of the contract, the Engineer-
in-Charge may allow, with the approval of GM/HOD(Civil) of the company, the contractor in writing for
procurement of cement/ steel from the approved sources and the extra on this account including transport
charges, if any, over the issue rate shall be reimbursed to the contractor on production of authentic documents.
Transportation of cement/ steel from the place of purchase to the site of work and proper storage of
cement/steel at site shall be contractor's responsibility. He should maintain proper account of cement/steel
issued/procured by him and should allow inspection of his godown and his cement/steel account by the concerned
Engineer-in-charge or any other authorized officers of the company. Contractor should draw materials from the
company on the basis of actual requirement as assessed by the Engineer-in-Charge on "as and when required" basis.

Recovery of cost of materials issued on sale A/c will be made as per actual consumption basis but the
Engineer-in-Charge will have the discretion for making full recovery while processing a particular bill or asking
for the return of the balance materials if the work is not progressing satisfactorily.

The contractor shall keep accurate record of materials issued by the company, maintain proper account for the
materials received and consumed in the work and shall be open to check by the Engineer-in-Charge or his
authorized representative. The contractor shall ensure that such materials are consumed for the contract works
only and the Register for the aforesaid account shall be signed both by the representatives of Engineer In
Charge and the contractor.

All materials, tools and plants brought to site by the contractor including the materials supplied by the
company shall be deemed to be held in lien by the company and 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
responsibility for which shall lie entirely on the contractor.

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.

Any surplus materials issued by the company, remaining after completion or termination of the contract,
shall be returned by the contractor at his cost to the place of issue and the Engineer-in-Charge shall accept
the same at the rate not exceeding the rate at which these were originally issued taking into consideration the
deterioration or damage, if any, that may have been caused during the custody of the contractor. In the event,
the contractor fails to return the surplus materials out of those supplied by the company, the Engineer-in-
Charge may, in addition to any other liability which the contractor would incur in this regard, by giving notice
in writing require the contractor to pay the amount at double the issue rate for such unreturned surplus
materials or 115% of the prevailing market rate along with GST and any other Tax applicable during the period
of work, whichever is more.

On completion or on termination of the contract and on complete recovery of secured advance paid by
61
 the company, if any, in respect of materials brought to site, the contractor with due permission of the Engineer-
in-Charge shall be entitled to remove at his expenses all surplus materials originally supplied by him and upon
such removal, the same shall become the property of the contractor.

All charges on account of GST or any other applicable taxes, duties or levies on materials obtained for
the works from any source (excluding materials supplied by the company) shall be borne by the contractor.
This clause may be read in conjunction with 13 (ix) of condition of contract.

The contractor shall arrange necessary electricity at his own cost for the work and his own establishment.
However, if available and feasible the company may arrange electricity at one point near the work site and
necessary recovery of cost of energy consumed will be made at rates prescribed by the company from time to
time. Energy meter for this purpose shall be provided by the contractor.

The contractor shall arrange necessary water for the work and his own establishment and nothing extra
will be paid for the same. Such water used by the contractor shall be fit for construction purposes. However, if
available and feasible the company may arrange water, at the written request of the contractor, to the extent
possible, at one point near the work site for which recovery @ 1% of the contract value of work done will be
made from the contractor's bills. The contractor shall make his own arrangement of water connection and laying
of pipe lines from main source of supply. Department do not guarantee to maintain uninterrupted supply of
water. No claim of damage or refund of water charges will be entertained on account of such break down.

Explosives, detonators and other inflammable materials shall not be used in the execution of the work at
site by the contractor without prior written permission of the Engineer-in-Charge. Transportation and storage of
such materials shall be done in specified manner in accordance with the law in force. The contractor shall also
obtain license under such laws for, transportation, storage, use and all other operations, connected with the
handling of the same.

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, (as enclosed or in absence of enclosed
specifications current CPWD/BIS specifications) instructions of the Engineer-in-Charge. The Engineer-in-
Charge may issue, from time to time, further drawings, detailed instructions/ directions in writing to the
contractor. All such drawings, instructions/directions shall be consistent with the contract documents and
should be reasonably inferable there from, along with clarifications/ explanations thereof, if necessary.
However, the contractor will be solely responsible for design and erection of all temporary structures required
in connection with the work.

For Quality Assurances of all the Civil Engineering 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.

The contractor shall be responsible for correct and complete execution of the work in a workman like
manner with the materials as per specification which shall be subject to the approval of the company. All work
under execution in pursuance of the contract shall be open to inspection and supervision by the Engineer-in-
Charge or by his 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.

All materials to be provided by the contractor shall be in conformity with the specifications/schedule of work
as per the contract and the contractor shall furnish proof, if so required by the Engineer-in-Charge to his
satisfaction that the materials do so comply.

The contractor shall immediately after the award of work draw up a schedule giving dates for submission
of samples as required or necessary as per the specification for approval of Engineer-in-Charge who shall
approve, if found acceptable, promptly so that there is no delay in the progress of the work of the contractor or
of the work of any of the sub-contractor.
62
On receipt of samples as per schedule, the Engineer-in-Charge shall arrange to examine/test with reasonable
promptness ensuring conformity of the samples with the required specification and complying with the
requirements as per contract documents keeping in view that the work shall be in accordance with the samples
approved by him. The contractor shall be bound to furnish fresh sample, if disapproved by the Engineer-in-
Charge, for his approval. The contractor shall not start bringing materials at the site unless the respective
samples are approved. Materials conforming to approved samples shall only be brought to site (Please
refer Annexure-XIV of the NIT for compliance before execution of the work). However, Engineer-in-Charge‟s
approval for any sample, design / drawings (permanent / temporary structures) shall not alter contractor‟s full
responsibility whatsoever for the performance and safety of the executed job.

Samples are to be supplied by the contractor at his own cost. The cost involved in tests shall be borne by the
contractor. If any test is ordered by the Engineer-in-Charge which is to be carried out by any independent
person or agency at any place other than the site even then the cost of materials and testing charge etc. shall
be borne by the contractor. If the test shows that the materials are not in accordance with the specifications,
the said materials shall not be used in the work and removed from the site at contractors‟ cost.

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 specification, 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 and no
further work shall be done pending such rectification/replacement of materials, if so instructed by the Engineer-
in-Charge.

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.

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 employer
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. .

Access to the works: The Engineer-in-charge and any person authorized by the company 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 being obtained for the works and the contractor shall afford every facility
for and every assistance in or in obtaining the right to such access.

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 foundations before permanent work is placed thereon. the contractor shall
give due notice to the Engineer-in-charge's representative whenever any such work or foundations is ready or
about to be ready for examination and the Engineer-in-charge's representative shall, without unreasonable
delay, unless he considers it unnecessary and advises the contractor accordingly, attend for the purpose of
examining and measuring such work or foundations.

ii) The contractor shall uncover any part or parts of the works or making openings in or through the same as

63
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.

If any such part or parts have been covered up or put out of view after compliance with the requirement of
sub-clause above and are found to be executed in accordance with the contract, the expenses of uncovering,
making openings in or through and making good the same shall be borne by the Employer, but in any other
cases all costs shall be borne by the contractor.

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 proper and suitable 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.

Devaluation of Work : In lieu of rejecting work done or materials supplied not in conformity with the
contract/work order/approved samples, the Engineer-in-charge or any other officer nominated by the company
for the purpose may allow such work or materials to remain, provided the Engineer-in-Charge/ the officer
nominated by the company is satisfied with the quality of any materials, or the strength and structural safety of
the work, and in that case shall make such deduction for the difference in value, as in his opinion may be
reasonable.

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 the contract/work order, or any portion thereof,
or any completed structure forming 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.

Defects appearing after acceptance: Any defects which may appear within the defect liability period and
arising, in the opinion of the Engineer-in-charge, from lack of conformance with the drawings and specifications,
shall, if so required by the Engineer-in-charge in writing, be remedied by the contractor at his own cost within
the time stipulated by the Engineer-in-charge. If the contractor fails to comply, the Engineer-in-charge may
employ other persons to remedy the defects and recover the cost thereof from the dues of the contractor.

Site Order Book : A Site Order Book is a Register duly certified by the Engineer-in-charge regarding
number of pages it contains, each page being numbered, name of work, name of contractor, reference of
contract/ work order and the aforesaid certificate should be recorded on its first page.

Site Order Books shall be maintained on the sites of works and should never be removed there from under any
circumstances. It shall be the property of the company. The Engineer-in-Charge or his authorized
representative shall duly record his observations regarding any work which needs action on the part of the
contractor like, improvement in the quality of work, failure to adhere to the scheduled programme etc. as per
64
 contract/work order. The contractor shall promptly sign the site order book and note the orders given therein
by the EIC or his representative and comply with them. The compliance shall be reported by the contractor in
writing to EIC in time so that it can be checked.

The Site Order Book will be consulted by the Engineer-in-Charge at the time of making both running on account
and final bills of the contractor. A certificate to this effect should be given in the Measurement books by the
Engineer-in-Charge or his representative.

Samples and Testing of Materials: All the materials to be procured by the contractor and to be used in
work shall be approved by the Engineer-in-Charge in advance, and shall pass the tests and analysis required
by him, which will be as specified in the specifications of the items concerned and or as specified by BIS or the
IRC / MORTH standard specifications acceptable to the Engineer-in-Charge. The method of sampling and
testing shall be as per the relevant BIS, IRC/ MORTH and other relevant standards and practices. Minor
minerals like sand, stone chips etc. shall be conforming to relevant BIS standards. All bought out items including
Cement and Steel shall be procured from such manufacturers who hold valid license conforming to relevant
BIS standards for manufacturing of such items.

Storage of Materials: Materials shall be so stored as to ensure the preservation of the quality and fitness
for the work. When considered necessary by the Engineer-in-charge, they shall be placed on wooden platforms
or other hard, clean surfaces and not directly on the ground.

Materials shall be placed under cover when so directed and the contractor shall erect and maintain at his own
cost temporary weather-proof sheds at the work site for the purpose. Stored materials shall be so located as
to facilitate prompt inspection. All stored materials shall be inspected at the time of use in the work, even though
they may have been inspected and approved before being placed in storage or during storage.

Defective Materials: All materials not conforming to the requirements of the specifications 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 expenses and replaced with acceptable material.

No rejected material, the defects of which have been subsequently corrected, shall be used on the work until
approval in writing has been given by the Engineer-in-Charge. Upon failure on the part of the contractor to
comply with any instruction of the Engineer-in-charge made under the provisions of this article within the time
stipulated by the Engineer-in-charge, the Engineer-in-charge shall have authority to remove and replace
defective material and recover the cost of removal and replacement from the contractor.

Further all such defective material lying at site not removed and replaced within 30 days after issue of notice
by the Engineer-in-charge, if the Engineer-in-charge so decides shall dispose off such material in any manner
without any further written notice to the contractor.

9. Measurement and Payments

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

All items of work carried out by the contractor in accordance with the provision of the contract having a
financial value shall be entered in the Measurement Book as prescribed by the company so that a complete
record of the measurements 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 of completed work / portion of
completed work shall be recorded only in the Measurement Books.

65
 Measurement shall be taken jointly by the Engineer-in-Charge or his authorized representative and by the
contractor or his authorized representative.

Before taking measurements 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 representative to attend the measurement. Every
measurement 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, a note to that effect shall be made in the
Measurement Book / Log Book and signed and dated by both the parties.

The measurement of the portion of work/items of work objected to, shall be re-measured 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 M.B. which shall be signed and dated by both the parties.
Measurements so recorded shall be final and binding upon the contractor and no claim whatsoever shall
thereafter be entertained.

In case the contractor or his authorized representative does not attend to the joint measurements 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.
Measurement of the extra items of work or excess quantities of work duly authorized in writing by the Engineer-
in-Charge shall also be taken and recorded in the M.B. based on the existing items in the SOR of the company
and if such items do not exist in the company's SOR, the description of the work shall be as per actual
execution. Payment for such extra items will be based on the rates to be derived as described in the relevant
clauses of the contract/ work-order.

No work shall be covered up or put out of view without the approval by the Engineer-in-Charge and
recording of measurements and check measurement thereof duly accepted by the contractor. The contractor
shall provide full opportunity to the Engineer-in-Charge or his representative to examine and measure all works
to be covered up and to examine the foundations before covering up.

The contractor shall also give notice to Engineer-in-Charge whenever such works or foundations are ready for
examination and the Engineer-in-Charge shall without unreasonable delay arrange to inspect and to record the
measurements, if the work is acceptable and advise the contractor regarding covering of such works or
foundations.

In case of items which are claimed by the contractor but are not admissible according to the department,
measurements of such items, will be taken for record purposes only and without prejudice so that in case it is
subsequently decided by the department to admit the contractor's claims, there should be no difficulty in
determining the quantities of such work. A suitable remark should, however, be made against such
measurements to guard against payment in the ordinary way.

Payments: The running on account payments may be made once in a month or at intervals stipulated in
the work order/ contract agreement.

Running on account bill/bills for the work executed/ materials supplied in accordance with the work order/
contract shall be prepared on the basis of detailed measurements recorded as described hereinbefore and
processed for payments.

Payment of on account bill shall be made on the Engineer-in-Charge's certifying the sum to which the
contractor is considered entitled by way of interim payment for the 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.

66
b) (i) Payment for excess quantity of work done with the written instructions of the Engineer-in-Charge for
items already appearing in the bill of quantities of work with approved rates, will be made along with the on
account bills only up to 10% of the quantity provided in the agreement subject to overall value of work not
exceeding the agreement value.

(ii) The GM(Civil) of the company and / or the Staff Officer(C) of the Area may authorize interim payment
for excess work done up to 20 % of the quantity of work provided in the Bill of Quantity of the work awarded
from Company level and Area level respectively subject to overall value of work done does not exceed the
contract value. This however, shall not be applicable for High Value Items.

c) Extra items of work executed will be paid on specific written authorization of GM(C) of the company or Staff
Officer (Civil) of the Area provided that the value of such extra items of work when added together is not more
than 10% of the contract value and the total gross payment including excess quantity does not exceed the
contract value.

Balance amount on account of excess quantity and extra items of work executed shall be paid after the
deviation estimate / revised estimate regularizing the extra items and excess quantities of work is sanctioned
by the competent authority of the company with the concurrence of the Finance Department of the company.

On the Engineer-in-Charge's certificate of completion in respect of the work covered by the contract / final
measurements of the work certified by the Engineer In Charge or his representative.

The measurements shall be entered in the M.B for the work done up to the date of completion and
evaluated based on the approved rates for the items in the contract agreement/sanctioned revised estimate.
In case of extra items of work, the rates shall be derived as stated in the relevant clause of the contract.

The payments shall be released against the final bill subject to all deductions which may be made on account
of materials supplied, water supply for construction, supply of electricity and any other dues payable by the
contractor to the company, and further subject to the contractor having given to the Engineer-in-Charge a no
claim certificate.

The contractor shall indemnify the company against proof of depositing royalty on account of minor minerals
used in the work before the final bill is processed for payments. The final payment to be made will also be
subject to Clause-4.6 & 4.7 of the General Terms & Conditions of the contract.

Any certificate given by the Engineer-in-Charge for the purpose of payment of interim bill/bills shall not
of itself be conclusive evidence that any work/materials to which it relate is/are in accordance with the contract
and may be modified or corrected by the Engineer-in-Charge by any subsequent certificate or by the final
certificate.

The company reserve the right to recover/enforce recovery of any overpayments detected after the
payment as a result of post payment audit or technical examination or by any other means, notwithstanding
the fact that the amount of disputed claims, if any, of the contractor exceeds the amount of such overpayment
and irrespective of the facts whether such disputed claims of the contractor are the subject matter of arbitration
or not.

The amount of such overpayments shall be recovered from subsequent bills under the contract, failing that
from contractor's claim under any other contract with the company or form the contractor's security deposit or
the contractor shall pay the amount of over payment on demand. In case of contractor's non-payment on such
demand, the same should be realised from the contractor's dues, if any, with Coal India Limited or any of its
subsidiaries.

The contractors are required to execute all works satisfactorily and according to the specifications laid
67
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 is satisfied with the quality of such works 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 reasonable and is approved by the accepting authority of the company i.e.
GM/HoD(C) of the company in this case or any other officer nominated by GM/HoD(C) for the purpose.

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

i. Signature of Subordinate Engineer(Civil)/ EA(Civil)/ Sr. Overseer(C) / Overseer(C) in MB‟s both in
pages recording measurements, abstract of bill & the duly filled in bill form.
ii. Signature of Sr. Officer(C)/ Asstt. Manager(Civil) with appropriate check measurements in the
MB‟s and the bill form.
iii. Signature of Dy. Manager(C)/ Manager(C) with appropriate check measurements in MB’s and the
bill form.
iv. Signature of Engineer-in-Charge as per definition as at clause 1(vii) 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 & the bill form. In between stage iii) and iv) accountal checking may be made by
the concerned Accounts Officer/ Accountant.

(In case of non-availability of officials as at (i) above, company may authorize suitable executives for the
works outlined at (i). Further for check measurement also company may authorize Executives based on
availability.

Secured Advance against Material brought to Site

Secured advance on the security of materials (which are not combustible, fragile or perishable in nature)
brought to the site but not yet incorporated in the works will be made up to 75 (seventy-five) per cent of invoice
value, or the 75 (seventy-five) per cent of the corresponding value of the materials determined on the basis of
BOQ rates, whichever is less, subject to the condition that their quantities are not excessive and shall be used
within a period of 90 (ninety) days and subject to other stipulations in the contract. The contractor will be
required to submit an indemnity bond as per prescribed Form of the company on non-judicial stamp paper of
prescribed value, hypothecating the goods to the procuring entity, and also be responsible for their safe
custody. Before the advance is released, the procuring entity may inspect the site to ensure that the Contractor
has safeguarded the materials against pilferage and deterioration. It may be ensured that the contractor has
not taken any loan/ limit from banks against hypothecation of the materials against which the secured advance
is claimed. An undertaking in this regard may also be taken from the contractor.

Generally, as per the provisions of the contracts, the contractors are required to submit proof of cost of
materials and the delivery of material at site while claiming such advances. The stock register should be
maintained from the commencement of the contract and, unless otherwise prescribed in the contracts, the
stock, so considered for advance, should generally be only paid stock (and not brought on credit). Where the
materials are supplied from a captive source of the contractor, the reasonableness of the valuation of such
materials may be ensured.
The advance will be repaid from each succeeding running bill (periodic/ interim payment) to the extent
materials for which advance has been previously paid have been incorporated into the works.

This advance shall be recovered in four equal installments or as per consumption whichever is higher.
Engineer-in-Charge shall recover at his discretion all or any part of secured advance paid, if in his opinion
the work is not progressing satisfactorily or the security of these materials at site is not adequately taken
care of by the contractor. In all cases, the repayment of the advance will be affected after expiry of a period of
120 days since payment of advance, whether the material is consumed in the work or not.

68
 Secured advance shall be payable for contracts of value above Rs 1.00 Cr only.

At any point of time the outstanding recoverable secured advance shall not be more than 10% of the contract
value.

Income tax deduction @ 2% (Two percent) of the gross value (excluding GST) of each bill or at the rate
as amended from time to time, shall be made unless exempted by the competent authority of the Income Tax
Department. Further, TDS under GST will be deducted at applicable rates as per the provisions of GST Act
wherever applicable.

Building and Construction Workers Cess (as applicable in States) shall be payable by the contractor. If,
however, the company is asked to make deduction from the contractor's bills, the same shall be done and a
certificate to this effect shall be issued to the contractor for dealing with the State Govt. and the company does
not take any responsibility to do anything further in this regard.

No interest shall be payable on the amounts withheld, under the terms of the Contract Agreement/Work-
order.
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
a two weeks show cause 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.

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
69
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.
On cancellation of the contract (except action as per clause 6.1 of GCC) or on termination of the
contract, the Engineer-in-charge shall have powers:
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 appointed time notwithstanding whether
the contractor is present or not. Any claim as regards measurement which the contractor is to make
shall be made in writing within 7 (seven) days of taking final measurement by Engineer-In-charge as
aforesaid and if no such claim is received, the contractor shall be deemed to have waived all claims
regarding above measurements and any claim made thereafter shall not be entertained.

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 minimum twelve months.

In such an event, the contractor shall be liable for loss/damage suffered by the employer because 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 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 agreement rates including
price variation as applicable on the date, when notice in writing for termination of work was issued to the
contractor.

The amount to be recovered from the contractor as determined above, shall, without prejudice 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 purchased materials,
70
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 taken 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 payable 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).
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

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.
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 reasonable amount assessed and certified by the Engineer-in-Charge of the expenditure incurred,
if any, by the contractor on preliminary works at site e.g. temporary access roads, temporary construction
for labour and staff quarters, office accommodation, storage of materials, water storage tanks and water
supply for the work including supply to labour/ staff quarters, office etc.

b) to pay the contractor at the contract rates full amount for works executed and measured at site up to the
date of such abandonment.

c) to pay for the materials brought to site or to be delivered at site, which the contractor is legally liable to
pay, for the purpose of consumption in works carried out or were to be carried out but for the foreclosure,
including the cost of purchase and transportation and cost of delivery of such materials. The materials to
be taken over by the company should be in good condition and the company may allow at its discretion the
contractor to retain the materials in full or in part if so desired by him and to be transported by the contractor
from site to his place at his own cost with due permission of the EIC.
d) to take back the materials issued by the company but remaining unused, if any, in the work on the date
71
 of abandonment/reduction in the work, at the original issue price less allowance for any deterioration or
damage caused while in custody of the contractor.

e) to pay for the transportation of tools and plants of the contractor from site to contractor's place or to any
other destination, whichever is less.

10.4.01 The contractor shall, if required by the Engineer-in-Charge, furnish to him books of accounts,
papers, relevant documents as may be necessary to enable the Engineer-in-Charge to assess the amounts
payable in terms of clauses10.4(a) (c) & (e) 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 terminating 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 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 contractor 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 purchased 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. Completion Certificate / Defect Liability Certificate

Except in cases where the contract provides for "Performance Test" before issue of Defect Liability certificate,
in which case the issue of Defect Liability certificate shall be in accordance with the procedure specified therein,
the contractor shall give notice of completion of work, as soon as the work is completed, to the Engineer-in-
Charge. The Engineer-in-Charge and or any other Officer, nominated for the purpose by the company, shall
within 30 (thirty) days from the receipt thereof, inspect the work and ascertain the defects/deficiencies, if any,
to be rectified by the contractor as also the items, if any, for which payment shall be made at reduced rate.

If the defects, according to the Engineer-in-Charge are of a major nature and the rectification of which is
necessary for the satisfactory performance of the contract, he shall intimate in writing the defects and instruct
the contractor to rectify the defects/remove deficiencies within the period and in the manner to be specified
therein. In such cases Defect Liability Certificate will be issued by the EIC after the above rectifications are
carried out/ deficiencies are removed by the contractor to the satisfaction of EIC.

In the event there are no defects or the defects/ deficiencies are of a minor nature and the Engineer-in-Charge
is satisfied that the contractor has already made arrangements for rectification, or in the event of contractor's
failure to rectify the defects for any reason whatsoever, the defects can be rectified by the company

72
 departmentally or by other means and the 50% of the security deposit of the contractor shall be sufficient to
cover the cost thereof, he shall issue the Defect Liability Certificate ( Taking Over Certificate with list of defects
)indicating the date of completion of the work, defects to be rectified, if any, and the items, if any, for which
payment shall be made at reduced rate indicating reasons there for and with necessary instructions to the
contractor to clear the site/place of work or all debris/ waste materials, scaffoldings, sheds, surplus materials
etc. making it clean.

In cases where separate period of completion for certain items or groups of items are specified in the
contract, separate Defect Liability certificate for such items or groups of items may be issued by the Engineer-
in-Charge after completion of such items on receipt of notice from the contractor only in the event the work is completed
satisfactorily in every respect.

Refund of security deposit and payment of final bill shall, however, be made on completion of the entire contract
work, but not on completion of such items of work.

Before the date fixed for completion of work, the work as well as the site of work are to be made clean
after removal of rubbish, scaffolding, surplus materials, temporary structures etc.

In case of contractor's failure to clear the site, the EIC shall have right to get the work done. The cost
thereof shall be recovered from the final bill of the contractor.

13. 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) The contractor/contractors shall keep on the work site during the progress a competent and experienced
Resident Engineer exclusively for the work and necessary assistants who shall represent the contractor(s).
The contractor shall employ, on the site in connection with the execution and maintenance of the work, technical
and managerial staff as mentioned below.

Sl.No. Value of Work Manpower Requirement

1. More than 10 Crores One Resident Engineer (Degree Holder), Two Engineers
(Diploma Holder)
2. 5 Crores to 10 Crores One Resident Engineer (Graduate/ Diploma Holder), One
Engineer (Diploma Holder)
3. 1 Crore to 5 Crores One Resident Engineer (Graduate/ Diploma Holder)
For works below Rs.1 crore, the deployment of manpower shall be as assessed by Engineer.
The contractor shall intimate the Engineer-in-Charge in writing the names, qualifications, experience and full
postal address of each and every technical personnel employed at site by him.
The contractor(s) shall not be allowed to execute the work unless he/they engage the required technical staff
as assessed by Engineer-in-charge or as specifically mentioned in the bid. The delay on this account, if any,
shall be the contractor's responsibility.
Important instructions shall be confirmed to the contractor(s) in writing. If the contractor/contractors in course
of the works finds/find any discrepancy between the drawing, forming part of the contract documents and the
physical conditions of the locality or any errors or omissions in drawings except those prepared by himself
/ themselves and not approved by the Engineer-in-Charge. It shall be his/their duty to immediately inform the
Engineer-in-Charge in writing and the Engineer-in-Charge shall verify the same. Any work done after such
discovery and without intimation as indicated above will be done at the risk of the contractor/contractors.

73
iii) The contractor / contractors shall employ only competent, skillful and orderly men to do the work. The
Engineer-in-Charge shall have the right to ask the contractor/ contractors to remove from the work site any
men of the contractor/contractors who in his opinion is undesirable and the contractor/contractors will have to
remove him within 3 (three) hours of such orders.
The contractor shall employ apprentices in the execution of the contract work as required under Apprentices
Act.

The contractor shall further be responsible for making arrangements at his own cost, or accommodation and
social needs of the staff and workers under his employment.

iv) Precautions shall be exercised at all times by the contractor(s) for the protection of persons (including
employees) and property. The safety required or recommended by all applicable laws, codes, statutes and
regulations shall be observed by the contractor(s).In case of accidents, the contractor(s) shall be responsible
for compliance 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 hand book as approved and amended from time to time by the
Government of India.
v) 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.
vi) The contractor shall maintain all records as per the provision made in the various 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.

vii) 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 contractor/contractor's tendered rates.
viii) The contractor/contractors shall furnish to the Engineer-in-Charge or his authorized 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.

For Capital/ Specialized works with estimated value more than 10 Cr and more, the contractor has to submit
project specific monthly progress report of the work in a computerized form (Management Information System
Reports– MIS reports). The progress report shall contain the following apart from whatever else may be
required to be specified:
i) Project information, giving the broad features of the contract.
ii) Introduction, giving a brief scope of the work under the contract and the broad structural or other details.
iii) Construction schedule of the various components of the work, through a bar chart for the next three
quarters for as may be specified, showing the milestones, targeted tasks and up to date progress.
iv) Progress chart of the various components of the work that are planned and achieved, for the month as
well as cumulative up to the month, with reasons for deviations, if any, in a tabular format.
74
 v) Plant and machinery statement, indicating those deployed in the work, and their working status.
vi) Man-power statement, indicating individually the names of all the staff deployed in the work along with
their designations.
vii) Financial statement, indicating the broad details of all the running account payments received up to
date, such as gross value of work done, advances taken, recoveries effected, amounts withheld, net
payments, details of cheque payments received, etc.
viii) A statement showing the extra and substituted items submitted by the contractor, and the payments
received against them, broad details of the bank Guarantees, indicating clearly their validity periods,
broad details of the insurance policies taken by the contractor, if any, the advances received and adjusted
from the department, etc.
ix) Progress photographs, in colour, of the various items/ components of the work done up to date, to
indicate visually the actual progress of the work.
x) Quality assurance and quality control tests conducted during the month, with the results thereof.
xi) Any hold-up shall be specified.
xii) Dispute, if any, shall also be highlighted.
xiii) Monthly or fortnightly progress review by engineer and Procuring Entity with contractor may be
necessary to ensure that contractor deploys sufficient resources to meet the deadlines.

ix) 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.
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, 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 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.

75
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 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.

x) The contractor / contractors shall make his / their own arrangement for all materials, tools, staff and labourer
required for the contract, which shall include cost of lead, lift, loading, unloading, railway freight, recruiting
expenses and any other charges for the completion of the work to entire satisfaction of the company.
xi) The contractor / contractors shall make their own arrangement for carriage of all materials to the work site
at his/their own cost.

xii) 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.

xiii) a) No fruit trees or valuable plants or trees with trunk diameter exceeding 150mm shall be pulled, destroyed
or damaged by the contractor/contractors or any of his/their employees without the prior permission of the
company, failing which the cost of such trees or plants shall be deducted from the contractor/contractors dues
at the rate to be decided by the company. The rates quoted are supposed to include clearance of shrubs and
jungles and removal of such trees up to 150 mm dia., as will be permitted by the Engineer-in-Charge in writing.

b) Anything of historical or other interest or of significant value unexpectedly discovered on the site is
the property of the employer. The Contractor is to notify the Nodal Officer or his nominee of such discoveries
and carry out the Nodal Officer or his nominee‟s instructions for dealing with him.

xiv) 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 legislation 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
payments 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 Miscellaneous Provisions Act, 1948 or Employees Provident Fund
and Miscellaneous Provisions Act 1952 as the case may be.

76
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.

xv) 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 labourer in online mode including payment of provident
fund considered necessary.

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

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

b) The company against all claims, damages or compensation under the provisions of payment of Wages Act,
1938, Minimum Wages Act, 1948, Employer's Liability Act, 1938, The Workmen's Compensation Act, 1923,
Industrial Dispute Act, 1947, Mines Act
as applicable, Employees State Insurance Act 1948 and Maternity Benefit Act, 1961, Acts regulating P.F. or
any modification thereof or any other law relating thereto and rules made 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.

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

xvii) The contractor is under obligation to hand over to the company the vacant possession of the completed
building structures failing which the Engineer-in-Charge can impose a levy upon the contractor upto 5% of the
total contract value for the delay in handing over the vacant possession of the completed works after giving a
15 (fifteen) days notice to the contractor.

xviii) 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 order and condition and in
conformity with the requirements of the contract and instructions of the Engineer-in-charge.

The contractor/contractors shall take following insurance policies during the full contract period at his own
cost:
a). In the case of construction works, without limiting the obligations and responsibilities under the contract,
the contractor shall take insurance policy for the works and for all materials at site so that the value of the
works executed and the materials at site up to date are sufficiently covered against risk of loss/damage to the
extent as permissible under the law of insurance. The contractor shall arrange insurance in joint names of the
company and the contractor. All premiums and other insurance charges of the said insurance policy shall be
borne by the contractor.

The terms of the insurance policy shall be such that all insurance claims and compensations payable by the
insurers, shall be paid to the Employer and the same shall be released to the contractor in installments as may
be certified by the Engineer-in-charge for the purpose of rebuilding or replacement or repair of the works and/or
77
goods destroyed or damaged for which payment was received from the insurers. Policies and certificates for
insurance shall be delivered by the contractor to the EIC for his approval before the starting date. Alterations
to the terms of insurance shall not be made without the approval of EIC.

b). Where any company building or part thereof is used, rented or leased by the contractor for the purpose of
storing or using materials of combustible nature, the contractor shall take separate insurance policy for the
entire building and the policy shall be deposited with the company.
c) 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.

d) 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.

e) 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.

THE CLAUSE 13(xviii) SHALL BE APPLICABLE FOR WORKS OF ESTIMATED VALUE OF OVER Rs. 50
LAKHS.

xix) Setting Out: The contractor shall be responsible for the contract and proper setting out of the works and
correctness of the position, reduced levels, dimensions and alignment of all parts of the work including marking
out the correct lay out in reference to the permanent bench mark and reference points. Only one permanent
bench mark and basic reference lines shall be marked and shown to the contractor as basic data.

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 the position, levels, dimensions or alignment
of any part of the work, the contractor on being required to do so by the Engineer-in-Charge or his
representative shall at the expenses of the contractor rectify such errors to the satisfaction of Engineer-in-
Charge unless such error is due to incorrect data supplied by the Engineer-in-Charge.
xx) On receipt of Letter of Acceptance of Tender / Work Order the contractor shall forthwith Register and obtain
License from the competent authority under the Contract Labour (Regulation & Abolition)Act 1970,the Contract
Labour (Regulation & Abolition) Central Rules, 1971 and submit certified copies of the same to the Engineer- in-
Charge and the Principal Employer.

xxi) Deleted
xxii) The contractor shall, in connection with works, provide and maintain, at his own cost, all lights, security
guards, fencing when and where necessary as required by the Engineer-in-Charge for the purpose of protection
of the works, materials at site, safety of workmen and convenience of the public.
xxiii) All materials (e.g. stone, moorum and other materials) obtained in the course of execution of the work
during excavation and dismantling etc. shall be the property of the company and the same may be issued to
the contractors, if required for use in the works at the rates to be fixed by the Engineer-in-Charge.
xxiv) Unless otherwise specifically provided for, dewatering of excavation pits, working areas etc. shall be the
contractor's responsibility and is to be carried out at his own cost as per instructions of EIC. The rates quoted
by the contractor shall be deemed to include the dewatering costs.
xxv) Approval by the Nodal Officer/Engineer-in-Charge or his nominee: The contractor shall submit
specifications and drawings showing the proposed temporary work to the Nodal Officer/Engineer-in-Charge or
his nominee, who is to approve them if they comply with the specifications and drawings.

78
 The contractor shall be responsible for design of Temporary Works.

The Nodal Officer/Engineer-in-charge or his nominee‟s approval shall not alter the contractor‟s responsibility
for design of the Temporary Works.

xxvi) The contractor shall directly pay the ex-gratia amount of Rs.15.00 (Fifteen) lakhs to the eligible dependent
family members of the deceased contractor‟s worker, who died in mine accident as certified by DGMS, to whom
the statutory benefits under Employee Compensation Act, Provident Fund etc. have been paid, as per the
terms of contract or through Insurance Company by availing Group Personal Accident Insurance Policy for all
its workers before commencement of the contract, which shall be renewed periodically to cover the entire
duration of the contract. No reimbursement shall be made on this account by CIL/Subsidiary.

In order to comply with the above provisions, contractor shall immediately on receipt of letter of
acceptance/work order shall obtain group personal accident insurance in respect of all the workmen engaged
in mining activities for payment of Rs.15.00(fifteen) lakhs in case of death in mine accident. A proof to such
effect shall be produced to the satisfaction of the management before commencement of the work. However,
the responsibility of payment of special relief/ex-gratia amount shall lie exclusively with the Contractor.

If the contractor fails to disburse the special Relief/Ex-gratia within the due date, the subsidiary concerned may
make payment to the eligible dependent as mentioned herein above. However, such amount shall be recovered
from the Contractor from his dues either in the same and/or other subsidiaries of CIL.
14. Defects Liability Period:

In addition to the defect/s to be rectified by the contractor as per terms of the contract/ work order, the contractor
shall be responsible to make good and remedy at his own expense the defect/s mentioned hereunder within
such period as may be stipulated by the Engineer-in-Charge in writing:

a) Any defect/defects in the work detected by the Engineer-in-Charge within a period of 6 (six) months from the
date of issue of Defect Liability certificate / completion certificate.

b) In the case of building works or other works of similar nature any defect in the work detected by the Engineer-
in-Charge within a period of 6 (six) months from the date of issue of Defect Liability certificate/ completion
certificate or before the expiry of one full monsoon period i.e. June to September whichever is later in point of
time.
A programme shall be drawn by the contractor and the Engineer-in-Charge for carrying out the defects
by the contractor detected within the defect liability period and if the contractor fails to adhere to this
programme, the Engineer-in-Charge shall be at liberty to procure proper materials and carry out the
rectifications in any manner considered advisable under the circumstances and the cost of such procurement
of materials and rectification work shall be chargeable to the contractor and recoverable from any of the pending
dues of the contractors.
The defect liability period can be extended by the company on getting request from the contractor only for valid
reasons.

There will be no defect liability period for works like Grass Cutting, Jungle Cutting, Surface Dressing & any
other work of similar nature to be decided by the Engineer-in-Charge.

15. Operating and Maintenance Manual:

1. The Contractor is responsible to facilitate for obtaining Completion/ Occupancy Certificates/ Clearances
and No-Objection-Certificates (NOCs), if applicable, from the local civic authorities, for completed Work
and Facilities before handing over the same to „Procuring Entity‟ for putting them to functional use.

2. Before the completed work is taken over by CIL/Subsidiary, it must ensure that the Contractor restores to
original status - the auxiliary services/ facilities (Roads, Sewerage, utilities, including removal of garbage
and debris) affected during the construction process.
79
 3. The Contractor shall hand over to CIL/Subsidiary the completed Work including all Services and Facilities
constructed in accordance with the Approved Plans, Specifications fulfilling all agreed techno-functional
requirements along with Inventory, As built - Drawings, Maintenance Manual/ Standard Operating
Procedure (SOP) for Equipments and Plants, all clearances /Certificates from Statutory Authorities, Local
Bodies etc. as directed by EIC before submission of final bill.
16. 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/GM,HoD(C). If difference still persist 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 above Agencies, the redressal of the dispute may be sought through Arbitration
(THE ARBITRATION AND CONCILIATION ACT, 1996 as amended by AMENDMENT ACT of 2015).

16A Settlement of Disputes through Arbitration

(i) Normally, there should not be any scope of dispute between the employer (department) 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 settlement 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 Arbitration 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 contract has been issued.
(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):
80
 Sole Arbitration Clause:
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 Chairman, 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 Chairman, 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 Chairman, 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 discretion 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 contract 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 include 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/
Subsidiary 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 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
contractor/ 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.

17. 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.

18. Recovery: 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 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.
81
19. Provision of Electrical License: 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.

20. Guidelines on Debarment of firms from Bidding-

CIL and its Subsidiary Companies shall follow the following guidelines for effecting „Debarment of firms from
Bidding‟ with a contracting entity in respect of Works and Services Contracts.

1. Observance of Principle of Natural Justice before banning the business dealings with any contracting entity. 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).
2. The terms „banning of firm‟, „Suspension‟, „Blacklisting‟ etc. convey the same meaning as of
„Debarment‟.
3. The order of debarment shall indicate the reasons(s) in brief that lead to debarment of the firm.
4. The contracting entity may be debarred from bidding in the following circumstances: -
i) Withdrawal of Bid as per relevant provisions of tender document.
ii) If L-1 Bidder fails to submit PSD, if any and/or fails to execute the contract within stipulated
period.
iii) If L-1 Bidder fails to start the work on scheduled time.
iv)In case of failure to execute the work as per mutually agreed work schedule.
v) Continued and repeated failure to meet contractual Obligations: a. In case of partial failure on
performance, agency shall be debarred from future participation in tenders keeping his present
contract alive. b. On termination of contract.
vi)Willful suppression of facts or furnishing of wrong information or manipulated or forged documents
by the Agency or using any other illegal/unfair means.
vii) Formation of price cartels with other contractors with a view to artificially hiking the price.
viii) 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.
ix)Contractor fails to use Mobilisation advance (if any) given to him for the purpose it was intended.
x) Contractor fails to renew the securities deposited to the department.
xi) The contractor fails to rectify any lapse(s) in quality of the work done within defect liability period.
xii) Transgression of any clause(s) relating to Contractor‟s obligation defined in the Integrity Pact
wherever such Pact exists.
xiii) Any other breach of Contract or misdeed which may cause financial loss or commercial
disadvantage to the Company.
xiv) If it is determined that the bidder has breached the Code of Integrity for Public Procurement
(CIPP) as provided in the tender document.
xv) False declarations w.r.t Make in India Order.
xvi) In case of supply of substandard materials, sub-standard quality of work, non-execution of
work, non-supply of materials, failure to abide by bid securing declaration (if any) etc.
In case of price cartel, matter shall be reported to the Competition Commission and requesting,
interalia, to take suitable strong actions against such firms.

5. 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 submitted by such
82
 debarred firms shall be returned to them.

The contracts concluded i.e. issue of LOA/issue of work order, before the issue of the debarment
order shall not be affected by the debarment orders.

6. In case CIL is of the view that a particular firm should be banned across all the Ministries/ 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.

7. 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 effective 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.

8. 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 debarred owner/Proprietor/ Partner make/form different
Firms/entity and attempts to participate in tenders, the same shall not be entertained during the currency of
such debarment. In case the contracting entity being debarred is a Company then only the Company shall be
debarred.

9. The above ‘Debarment’ shall be in addition to other penal provisions of NIT/Contract document.

10. Debarment in any manner does not impact any other contractual or other legal rights of CIL and/or its
Subsidiaries.

11. 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, endeavour 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.

12. 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.

13. 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 authority, if it is of the opinion that the disability
already suffered is adequate in the circumstances of the case or for any other reason.

14. 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.

83
15. Any change on the above may be done with approval of FDs of CIL.

16. All the orders of debarment or orders passed in appeal shall be marked to GM(CMC) / Civil / concerned
HODs of CIL/Subsidiary Company/ Application Admin of eprocurement portal of CIL/Nodal officers of
Subsidiaries. Application Admin of e-procurement portal of CIL/Nodal officers of Subsidiaries shall maintain the
master data of such banned firms which shall be made available in the public domain (i.e. on the website of
CIL/Subsidiaries/ e-Procurement portal of CIL).

@@@@@@

84
 ADDITIONAL TERMS AND CONDITIONS

The following additional terms and conditions are also acceptable to the company. The tenderers are requested
not to quote any further additional conditions in the tender.

1. Mobilization Advance

i) No mobilization advance is payable for works whose estimated value is less than Rs 10 Cr. Mobilization
advance shall be provided in certain specialized and capital intensive works as decided by CIL/subsidiary.
ii) In the case of turnkey work whose estimated value is Rs 10 Cr and above a maximum of 10 % of the total
contract value of work will be paid as mobilization advance subject to submission of Bank Guarantee
equal to 110% of the advance amount. The mobilization advance shall be paid in two installments.
iii) In case of other civil works valued Rs 10 Cr and above mobilization advance will be paid upto 5% of the
contract value subject to submission of Bank Guarantee equal to 110% of the advance amount. The
mobilization advance shall be paid in two installments.
iv) Interest on mobilisation advance will be charged at the rate of CIL‟s borrowing rate under cash credit
arrangement as on date of disbursement and to be compounded quarterly.
v) The mobilization advance shall be recovered from the bills of the contractor from the 2nd running account
bill onwards @ 20% of the advance amount paid. However, the full amount of mobilization advance with
interest will be recovered maximum within scheduled date of completion as per agreement.
vi) The value of Bank Guarantee may be reduced to the extent such advance is recovered by the company
subject to the conditions that the value of Bank Guarantee amount at any time is more than the recoverable
outstanding advance. Bank Guarantee shall be irrevocable and from a Scheduled- Bank acceptable to the
Company.
vii) Part Bank Guarantee” (BGs) against the Mobilization Advance shall be taken in as many numbers as the
proposed recovery instalments and shall be equivalent to 110% of the amount of each instalment.
viii) In case of “Machinery and Equipment advance”, insurance and hypothecation to the employer shall be
ensured.
ix) Mobilization advance will be given in instalments and subsequent instalments will be released after getting
satisfactory utilization Certificate from the contractor for the earlier instalments.
x) Mobilisation expenditure mentioned herein shall not include the margin money and bank commission, and
so on, paid by the contractor for procurement of BGs against performance security and mobilisation
advance.

2. 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 validly extended under the provisions of the contract
without any penal action as detailed in clause no. 2.6. The Price Variation 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 stipulated to be received.
c) The compensation for escalation or recoveries to be made shall be worked out at quarterly intervals 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.

d) Job specific modification in the formulae of price variation given in the following para(s) can be done with
the approval of the CMD of the company.

85
 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 quarterly in accordance
with the following formula:
𝑨 𝑳−𝑳𝟎
VL = W× ×
𝑳𝒐
𝟏𝟎𝟎
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-2.4 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.

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:
𝑩 𝑴−𝑴𝟎
Vm = W× ×
𝟏𝟎𝟎
𝑴𝒐

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-2.4 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.

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:
𝑭−𝑭𝟎
Vf = W× C ×
𝟏𝟎𝟎
𝑭𝒐

Where :
86
 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 2.4 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.

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 relates, 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 particular 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 operation 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.

In the event the price of materials and/ or wages of labour required for execution of the work decreases,
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 regard the formulae herein before stated
under this clause shall mutatis/mutandis apply. No such adjustment 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.

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.

87
 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 Civil Works :

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

Component) Component) Component)

1 For building works 25 75 Nil

2 For Road works 15 80 05

3 For external sewerage, 10 90 Nil

External water supply, and
external electrification

4 For external water supply, 75 25 Nil

external sanitary and external
electrification (through
labourrate contract)

5 For steel structural works 15 85 Nil

6 For steel structural works with 75 25 Nil

Deptt. free supply of rolled steel
sections(through labour rate
contract)

7 For Coal Handling Plant Civil 25 75 Nil

Works

8 For under-ground civil works 35 65 Nil.

such as Incline Drivage, Shaft
Sinking etc.

9 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.

88
 SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION AND MAINTENANCE OF HAUL ROADS
(Not to be included in tender documents of other works)

1. Bill of Quantities

a. The Bill of Quantities shall contain items for the construction, installation, testing, commissioning,
maintenance works (as applicable in the work) and lump sum amount per year for annual routine
maintenance for each of the five years separately, to be done by the Contractor.

The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the
work done at the rate in the Bill of Quantities for each item for the construction of roads. The payment for
routine maintenance of roads to the Contractor is performance based. For certification of payment for
routine maintenance, the engineer shall determine whether the contractor has actually achieved
compliance to the Service Quality Level (and other requirements) specified in the Scope of Work, with
reference to 100 point (hundred point) Performance Index assigned to various maintenance and the
engineer shall certify the amount to be paid to the contractor (refer clause 4 of special terms and conditions).

If contractor has not corrected a Defect pertaining to the Defects Liability Period or not attended
maintenance work to the required standard and performance index is equal to or less than 70 points
(Seventy points), no payment will be released for that period even if such maintenance is attended in
subsequent months. If performance index is 100 points, full payment at the approved rate shall be released.
If performance index is between 70 to 100, proportionate payment will be made for the work during the
claim period as per the following formulae:-

Percentage of total annual payment to be released = 10*(Achieved Performance Index - 70)

No payment shall be made for part maintenance of a road.

Note: The Subsidiaries may add/modify the procedure that it would like to adopt for assessing the
performance of the Contractor in execution of works / activities relating to Routine Maintenance for five
years post construction. (However, the NIT must contain the specific procedure to decide Performance
Index).

b. For the construction works, the quantities given in the Bill of Quantities are estimated, and are given to
provide a common basis for bidding. The basis of payment will be the actual quanti- ties of work ordered
and carried out, as measured by the Contractor and verified by the Engineer and valued.

(i) at the rates and prices tendered in the Bill of Quantities in the case of item rate tenders;
(ii)at percentage rate above or below or at par of the Schedule of Rates as tendered by the Contractor.

c. For the routine maintenance of roads, there shall be a lump sum amount as specified in the contract
document for each year of maintenance. This lump sum amount for maintaining the roads in compliance
with the conditions mentioned herein after, shall be 2.5% of the contract value for the construction of the
roads for the first three years of maintenance & 3 % of the con- tract value for the construction of the roads
for the last two years of maintenance.

d. The rates quoted by the bidder in the Bill of Quantities shall, except in so far as it is otherwise provided
under the Contract, include all constructional plant, labour, supervision, materials, erection, maintenance,
insurance, profit, taxes and duties, together with all general risks, liabili- ties and obligations set out in the
Contract.
89
MAINTENANCE FOR 5 YEARS:

Sl. No Description of the Work Item Unit Amount

1 Repair & maintenance of Haul Road for a period of five years from the
date of completion of construction work will include repairing of all
components of haul roads like GSB, Base courses, wearing surfaces
etc, dressing/repairing of Shoulders, repairing and cleaning of drains &
Culverts as & when required and as per instruction of Engineer in
Charge with provision of fortnightly joint inspection of the road.
Maintenance include removal of coal spillage from Tip- pers/Dumpers
from the road surface. However, payment for maintenance works will
be restricted to the amount earmarked for each year.
a) 1st Year
Year 2.5% of contract value.
b)2nd Year Year 2.5% of contract value.
c) 3rd Year Year 2.5% of contract value.
d)4th year Year 3% of contract value.
e) 5th year Year 3% of contract value.
Total :-
Note:-

The payment for maintenance works will be restricted to the amount earmarked for each year. This
amount for maintaining the roads in compliance with the conditions mentioned herein after, shall be 2.5%
of the contract value for the construction of the roads for the first three years of maintenance & 3 % of the
contract value for the construction of the roads for the last two years of maintenance.

2. Quality Control

Identifying Defects
The Engineer shall check the Contractor's work and notify the Contractor of any Defects that
are found. Such checking shall not affect the Contractor's responsibilities. The Engineer may
instruct the Contractor to search for a Defect and to uncover and test any work that the
Engineer considers may have a Defect.

Tests
The Contractor shall be solely responsible for:
(a) Carrying out the mandatory tests prescribed in the MORTHs Specifications and
(b) For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
If the Engineer instructs the Contractor to carry out a test not specified in the Specifications to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay
for the test and any samples. The remaining provisions regarding Tests shall be in accordance
with the clause 8 of the General Terms & Conditions.
Correction of Defects noticed during the Defects Liability Period and Routine
Maintenance of Roads for five years.
The Engineer shall give notice to the Contractor of any Defects before the end of the Defects
Liability Period, which begins from the Completion date of the Contract (The contract period
shall be the sum of the construction period and five years of maintenance period).

90
 Every time, notice of Defect/Defects is given, the Contractor shall correct the notified
Defect/Defects within the duration of time specified by the Engineer„s notice.
The Contractor shall do the routine maintenance of roads will include repairing of all
components of haul roads like GSB, Base courses, wearing surfaces etc., dressing/repairing
of Shoulders, repairing and cleaning of drains & Culverts as & when required and keep the
entire road surface and structure in Defect free condition during the entire maintenance period
which begins from the completion date of haul road construction and ends after five years.
The routine maintenance standards shall meet the following minimum requirements:-
(i) Potholes on the road surface to be repaired soon after these appear or brought to his
notice either during the Contractor„s fortnightly inspection or by the Engineer.
(ii) Addressing defects in the base course with required grading and other specifications.
(iii) Any damage in the sub base course will be corrected.
(iv) Road shoulders to be maintained in proper condition to make them free from
excessive edge drop offs, roughness, scouring or potholes.
(v) Cleaning of surface drains including reshaping to maintain free flow of water.
(vi) Cleaning of culverts and pits for free flow of water.
(vii) Any other maintenance operation required to keep the road traffic worthy at all
times during the maintenance period.
To fulfil the objectives laid down above, the Contractor shall undertake detailed inspection of
the roads fortnightly. The Engineer can increase this frequency in case of emergency. The
Contractor shall forward to the Engineer the record of inspection and rectification fortnightly.
The Contractor shall pay particular attention on those road sections which are likely to be
damaged or inundated during rainy season.
The Engineer may issue notice to the Contractor to carry out maintenance of defects, if any,
noticed in his inspection, or brought to his notice. The Contractor shall remove the defects
within the period specified in the notice and submit to the Engineer a compliance report.

Uncorrected Defects
If the Contractor has not corrected a Defect pertaining to the Defects Liability Period or not
attended maintenance to the satisfaction of the Engineer within the time specified in the
Engineer's notice, action under will be taken and the Engineer will assess the cost of having
the Defect corrected, and the Contractor will pay this amount along with additional 20%
amount as penalty.

3. Routine Maintenance during five years after the completion date is defined as follows:
Maintenance operations during the period of 5 years shall be based on Maintenance schedule as
per the existing Guidelines for Design, Construction & Maintenance of Haul Roads.

4. Routine Maintenance Activities and their frequency with performance index –

S. Name of Item/Activity Frequency of operations Performance

No. in the year Index
1 Special maintenance of haul roads before Before monsoon and 25
each monsoon and restora- tion of rain once generally after rains or
cuts, as and when required.
Shoulders, berms, cross drainage works
during & after rain as per
the Specifications.

91
 2 Regularly maintaining the various As and when required 30
structural aspects of haul roads e.g. Sub-
Base course, Base course or WBM/WMM
etc. and also maintain- ing the various
geometrical parame- ters of haul roads as
per the re-
quired specifications.
3 Making up of shoulders as per As and when required 10
the required specifications.
4 Maintenance of drains as per As and when required 5
the Specifications.
5 Maintenance of culverts, As and when required 10
Cross drainage works and Parapet walls
as per clause the Specifica-
tions.
6 Removal of coal/spillage of HEMMs & As and when required 15
cleaning of Haul Roads, Cut-
ting/trimming and cleaning of shrubs,
trees, weeds etc.
7 Maintenance of road signs as per the As and when required 5
Specifications.

5. The payment to the Contractor will be as follows for routine maintenance:

 The Contractor shall submit to the Engineer in charge a bill every quarter (three months) for the
routine maintenance of the roads from the date the maintenance period starts i.e. from completion
date of construction work of Haul Road. It will be supported with a copy of the record of the
Contractor‟s fortnightly inspection and other instructions received from the Engineer.
 The payment will be made quarterly for the bills received and as certified by the Engineer based on
performance by the Contractor.
 If the Engineer has not certified that the Contractor has carried out the maintenance work for defects
brought to his notice within specified period, no payment will become due to the Contractor for that
quarter.
 If the Contractor has failed to carry out the maintenance within the period specified by the Engineer,
no payment of any kind will be due to the Contractor for that quarter.

6. Security Deposit:

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.

Performance Security should be 5% of total contract amount (Construction and maintenance work of
five years). All Performance Security should be submitted within 21 days of issuance of LOA in any of the
form given below:

• a Bank Guarantee in the form given in the bid document from any Scheduled Commercial bank.
The BG issued by outstation bank shall be operative at its local branch at ............ or branch
at……………………..
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.
• Payment through NEFT/RTGS in the designated account of CIL/Subsidiary as indicated
in the LOA/WO.
92
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 deposit.
The bid security deposited may be adjusted against the Performance security (1st 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 accpeted.

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 con- firmation 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:
Branch:
IFSC Code:
Account No.
Customer ID:

Original copy of the Bank Guarantee issued by the Issuing Bank shall be sent by the issuing bank to Civil
Engineering Division of CIL/ Subsidiary.

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 may be cancelled with forfeiture of the bid
security/earnest money.

Additionally, the company shall debarsuch 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 debarment shall also be applicable to all individual partners of
JV/Partnership firm.

All running on account bills/ final bill (for construction as well as maintenance) 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. 25 lakhs subject to the condition that amount of any Bank
Guarantee except last one, shall not be less Rs. 25 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, but in no case less than the period of one year.

93
 Bank Guarantee is to be submitted in the format prescribed by the company. Bank Guarantee shall be
irrevocable and will be from Scheduled Commercial Banks as elaborated at Clause 6.2.

The Defect Liability Period shall be six month or one monsoon period whichever is more after the completion
of contract i.e. Construction and maintenance both.

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.

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.

50% of the Security Deposit (i.e. 5% of the contract value) shall be refunded after three years of completion
of construction work and the rest 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, subject to the following
conditions:

a) Any defect/defects in the work, if detected after issue of defect liability certificate (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.

b) The refund shall be made on the expiry of the said six months period or at the end of one full monsoon
period i.e. June to September, whichever is later in point of time and any defects should be rectified to
the satisfaction of Engineer-in-Charge.

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

7. Maintenance of Haul Roads:-

Road profiles are to be maintained at or near to the original design profile. This includes maintaining the
drainage systems, various component of road pavement, the road delineation and signage and the design
parameters. Some of the basic maintenance requirements are:
 Scarify soft spots
 Remove wet spots and backfill
 Maintain good drainage
 Top up the running surface material
 Removing of spillage material. This will help prevent contamination to the surface running material.
 Maintain the Camber and super elevation profile.
 Adequate water is to be applied during any maintenance grading.
 Regularly scarify areas that show signs of laminations.

Watering Roads
At mines environmental concerns are high on the list of priorities in any area of the operation. Dust is a
concern at site particularly in winter when conditions are very dry. Excessive dust is also a safety issue

94
because it is a visibility hazard, and can put stress on machinery by clogging air filters, brakes and other
moving parts. Watering the haul roads counters these dust problems by controlling the amount of dust in the
air.

But overwatering can create its own problems as road surfaces can become very slippery paving the way for
road degradation and loss traction for mine vehicles. Road watering procedures need to be developed at
mining operations to ensure that dust levels are kept down and watering is not excessive. Haul roads are
intermittently watered to provide dry braking areas for trucks on the downside of ramps and to ensure that
the upside is not over-watered. Pit floors and loading areas are watered to suppress dust during loading
cycles. Haul roads are watered so that they are damp, not wet, and on corners watering is lighter so that
vehicular control is maintained.

Grading Roads
Grading is a major component of any haul road maintenance system. Cleaning up of spilled materials and
maintaining the drainage system, the road design parameters, and the road bases all rely on the operation
of a grader.

The final level of road after construction should be the benchmark to calculate loss of metal and to replenish
at regular interval after loss reaches to a specified limit. Levelling shall be done quarterly if the loss of
thickness is equal to or greater than 75 mm.

Grading is the main approach to preserving the good working order of the drainage system at mines.
Grading is a particularly important process during the wet season because it helps diminish the effects of
wet weather. Immediately after rain, graders must clean up road surfaces by grading out scours and filling in
ruts and pools of water. This prevents trucks hauling on slippery pavements and stops them churning up the
road surface with their tyres.

When the road pavement reaches a thickness that can no longer support vehicles, resheeting is required.
Fresh surface materials are laid and then compacted by heavy rubber-tyred machinery.

At times, more serious road maintenance is required. When the road surface is corrugated or contains hollows
or potholes, repairs may consist of loosening the existing surface and reshaping it. As long as the surface is
of sufficient thickness, it can be ripped with grader tynes and then reshaped and compacted. If the surface
layer is not thick enough, fresh materials are brought in. Depressions in the road that grading cannot
sufficiently mend, are lightly scarified and filled with material similar to the surrounding surface material. To
restore areas affected by large potholes cause by weaknesses in the pavement or subgrade, damaged areas
need to be excavated and then filled with material similar to that of the surrounding surface.

Grading should be performed when the roads are damp so no loose material is lost due to wind or traffic.
Another advantage of this is that damp materials fill all low spots and hollows and can be easily compacted
by passing traffic.

Material Spillage
Spillage of material from Dumpers is a common occurrence and is particularly prevalent on corners and
switchbacks. If spillage is not prevented or is not cleaned up, bumps and irregularities in the road surface
will be allowed to develop.

Spillage can be prevented in the design stage through good design of corners incorporating super-elevation
and adequate turning radius. However, if spillage does occur a grader should be used to clear spills, and to
fill and smooth any depressions that spilled material creates. Care must be taken not to clear this material
into drains or to disrupt safety berms. Accumulated material from this maintenance procedure should be
removed.

95
Spillage on haul roads and clean up around excavators and shovels is usually carried out with a rubber-tired
dozer.

Maintenance of Drains
Roadside drains and culverts need to be kept clear of obstructions to prevent overflowing in heavy rainfall
leading to damage to road pavements or saturation of the sub-bases. Inspection of these facilities and action
to clear the drains if need be, is required on a regular basis.

Drains are usually located alongside the majority of roads and are a key component of the drainage system.
These drains are essential to maintain the integrity of the haul roads, thus must be kept in good condition to
protect the roads.

Drains often have a large amount of water to accommodate, particularly during the wet season, and at times,
the flow of water can be considerable. This can cause scouring and loss of condition of the drain lining.

Frequent maintenance of these drains is required. Grading the drains to remove debris and fines, which may
hinder flow, and also to restore the design geometry is a mandatory procedure. Any scouring of these drains
needs to be considered and in problem areas, drains may need to be lined with rock or another durable,
non- weatherable material.

Maintenance of Signs
Traffic signs are an integral part of the safety scheme at any mine. Road signs need to be unambiguous and
obvious to drivers in all conditions. It is important to keep signage clean so they are clearly readable at all
times. Signs should be washed after periods of rain to ensure that they remain clear and free build-up of dirt
and spray.

Washing down signs regularly prevents any build-up obscuring the sign and ensures that the reflective
qualities that are important at night, are preserved. Damaged or ineffective signs need to be replaced and
inappropriate or out-of-date signs need to be removed. All road signage needs to be closely monitored to
make sure that it is as effective as possible and promotes optimum safety.

*********************

96
 SAFETY CODE.

The Contractor must ensure safety of workmen as well as safety for the general public during construction in and
around work-site. The contractor must follow the laws, codes and standards laid down in this regard. The work-
men must be trained and provided protective gear, life-saving equipment and appropriate tools for their jobs.
Special precautions must be used if hazardous chemicals are used or stored at workplace (lead, silica, asbestos
and wood/stone that will be cut and generate dust, construction materials containing zinc, cadmium, beryllium and
mercury). Besides protection from noise and environmental pollution, public must also be safeguarded from falling
through dug-up area, electrocution, flooding, falling objects, bridge-span dropping/ failures, crane falling/
overturning and damage to building from vibrations/ cave-ins from construction activities. Engineer must ensure
that contractor does not adopt any short-cut in this regard. Appointment of site safety engineer by the contractor is
a mandatory requirement (in case estimated cost is Rs 100 Cr or more). In tenders with estimated cost is less than
Rs 100 Cr, site in-charge of the contractor will also act as safety engineer. In case estimated cost of Rs 100 Cr or
more, the engineer shall engage safety experts to carry out frequent safety audits and mandate correct measures.

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground, or
from solid construction except such short period work as can be done safely from ladders. When a ladder is
used, an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials
as well suitable footholds and hand-hold shall be provided on the ladder and the ladder shall be given an
inclination not steeper that ¼ to 1 (¼ horizontal and 1 vertical).

2. Scaffolding of staging more than 3.6 m (12ft). above the ground or floor, swung or suspended from an overhead
support or erected with stationary support shall have a guard rail properly attached or bolted, braced and
otherwise secured at least 90 cm (3ft) high above the floor or platform of such scaffolding or staging and
extending along the entire length of the outside and ends thereof with only such opening as may be necessary
for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from
the building or structure.

3. Working platforms, gangways and stairways should be so constructed that they should not sag unduly or
unequally, and if the height of the platform or the gangway or the stairway is more than 3.6 m (12ft) above
ground level, they should be closely boarded, should have adequate width and should be suitably fastened as
described in (2) above.

4. Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent
the fall of person or materials by providing suitable fencing or railing whose minimum height shall be 90 cm
(3ft).

5. Safety means of access shall be provided to all working platforms and other working places. Every ladder shall
be securely fixed. No portable single ladder shall be over 9 m (30ft) in length while the width between side rails
in rung ladder shall in no case be less than 20 cm (11 ½”) for ladder upto and including 3 m (10ft) in length. For
longer ladders, this width should be increased at least ¼” for additional 30 cm (1ft.) of length. Uniform step
spacing of not more than 30 cm shall be kept. Adequate precautions shall be taken to prevent danger from
electrical equipment. No materials on any of the sites or work shall be so stacked or placed as to cause danger
or inconvenience to any person or the public. The contractor shall provide all necessary fencing and lights to
protect the public from accident and shall be bound to bear the expenses of defence of every suit, action or
other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and cost which may be awarded in any such suit; action or proceedings
to any such person or which may, with the consent of the contractor, be paid to compensate any claim by any
such person.

6. Excavation and Trenching : All trenches 1.2 m (4ft) or more in depth, shall at all times be supplied with at least
one ladder for each 30 m. (100 ft.) in length or fraction thereof. Ladder shall extend from bottom of the trench
to at least 90 cm (3ft) above the surface of the ground. The side of the trenches which are 1.5 m (5ft) or more

97
 in depth shall be stepped back to give suitable slope or securely held by timber bracing, so as to avoid the
danger of sides collapsing. The excavated materials shall not be placed within 1.5 m (5ft) of the edges of the
trench or half of the depth of the trench whichever is more. Cutting shall be done from top to bottom. Under no
circumstances, undermining or undercutting shall be done.

7. Demolition : before any demolition work is commenced and also during the progress of the work,

i. All roads and open areas adjacent to the work site shall either be closed or suitably protected.

ii. No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus used by the
operator shall remain electrically charged.

iii. All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or
flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to
render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should be kept
available for the use of the person employed on the site and maintained in a condition suitable for immediate
use, and the contractor should take adequate steps to ensure proper use of equipment by those concerned:-
The following safety equipment shall invariably be provided.

i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with
protective footwear and protective goggles.

ii) Those engaged in white washing and mixing or stacking of cement bags or any material which is
injurious to the eyes, shall be provided with protective goggles.

iii) Those engaged in welding works shall be provided with welder‟s protective eye-shields.

iv) Stone breaker shall be provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.

v) When workers are employed in sewers and manholes, which are in active use, the contractors shall
ensure that the manhole covers are opened and ventilated at least for an hour before the workers are
allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable
railing and provided with warming signals or boards to prevent accident to the public. In addition, the
contractor shall ensure that the following safety measures are adhered to:-

a) Entry for workers into the line shall not be allowed except under supervision of the Engineering
Assistant or any other higher officer.

b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3 hours
before any man is allowed to enter into the manhole for working inside.

c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate paper which
changes colour in the presence of such gases and gives indication of their presence.

d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In case, no
Oxygen is found inside the sewer line, workers should be sent only with Oxygen kit.

e) Safety belt with rope should be provided to the workers. While working inside the manholes, such
rope should be handled by two men standing outside to enable him to be pulled out during
emergency.

98
 f) The area should be barricaded or condoned of by suitable means to avoid mishaps of any kind.
Proper warming signs should be displayed for the safety of the public whenever cleaning works
are undertaken during night or day.

g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.

h) The malba obtained on account of cleaning of blocked manholes and sewer lines should be
immediately removed to avoid accidents on account of slippery nature of the malba.

i) Workers should not be allowed to work inside the manhole continuously. He should be given rest
intermittently. The Engineer-in-Charge may decide the time up to which a worker may be allowed
to work continuously inside the manhole.
j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.

k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for, portable
air blowers are recommended for ventilating the manholes. The Motors for these shall be vapour
proof and of totally enclosed type. Non sparking gas engines also could be used but they should
be placed at least 2 meters away from the opening and on the leeward side protected from wind
so that they will not be a source of friction on any inflammable gas that might be present.

l) The workers engaged for cleaning the manholes / sewers should be properly trained before allowing
to work in the manhole.

m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets and gloves
non sparking tools safety lights and gas masks and portable air blowers ( when necessary). They
must be supplied with barrier cream for anointing the limbs before working inside the sewer lines.

n) Workmen descending a manhole shall try each ladder stop or rung carefully before putting his full
weight on it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.

o) If a man has received a physical injury, he should be brought out of the sewer immediately and
adequate medical aid should be provided to him.

p) The extents to which these precautions are to be taken depend on individual situation but the
decision of the Engineer-in-Charge regarding the steps to be taken in this regard in an individual
case will be final.

vi) 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.
99
 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.

9. When the work is done near any place where there is risk of drowning, all necessary equipments should be
provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger
and adequate provision, should be made for prompt first aid treatment of all injuries likely to be obtained
during the course of the work.

10. Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to
the following standards or conditions:-
i) (a) These shall be of good mechanical construction, sound materials and adequate strength and free
from patent defects and shall be kept repaired and in good working order.

(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable
quality and adequate strength, and free from patent defects.

ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person under the
age of 21 years should be in charge of any hoisting machine including any scaffolding winch or give
signals to operator.

iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used
in hoisting or as means of suspension, the safe working load shall be ascertained by adequate means.
Every hoisting machine and all gear referred to above shall be plainly marked with the safe working
load. In case of a hoisting machine having a variable safe working load each safe working load and
the condition under which it is applicable shall be clearly indicated. No part of any machine or any gear
referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose
of testing.

iv) In case of departmental machines, the safe working load shall be notified by the Electrical Engineer- in-
Charge. As regards contractor‟s machines the contractors shall notify the safe working load of the
machine to the Engineer-in-Charge whenever he brings any mach8inery to site of work and get it
verified by the Electrical Engineer concerned.

12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be
provided with efficient safeguards. Hoisting appliances should be provided with such means as will reduce to
the minimum the risk of accidental descent of the load. Adequate precautions should be taken to reduce to the
minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are
employed on electrical installations which are already energized, insulating mats, wearing apparel, such as
gloves, sleeves and boots as may be necessary should be provided. The worker should not wear any rings,
watches and carry keys or other materials which are good conductors of electricity.

13. 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. Adequate washing
facilities should be provided at or near places of work.

100
14. 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.

15. 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.

16. Notwithstanding the above clauses from (1) to (15), 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.

101
 TECHNICAL SPECIFICATIONS

Technical Specifications to be followed

Civil Engineering Works

Latest CPWD specification shall be adopted. Presently CPWD specifications 2019 Vol. I & II is in vogue which
may be followed. These specifications cover all type of Building Works. The specifications are available as a
printed document issued by CPWD and also in soft copy PDF format in CPD website.

However, the specification of CPWD conforming to the adopted DSR/SOR of CIL/Subsidiary shall be adopted.

Electrical Engineering Works

Latest CPWD specification shall be adopted. Presently the following are in vogue:

Part No. Description Year Of Issue

I Internal 2013
III Lifts And Escalators 2003
V Wet Riser And Sprinklers System 2020
VI Heating, Ventilation And Air 2017
Conditioning Works

However, the specification of CPWD conforming to the adopted DSR/SOR of CIL/Subsidiary shall be adopted.

*Roads and Bridges

Standard specifications issued by ministry of surface transport may be followed. Presently MORTH Specifications
on roads and bridges 2013 is available. These specifications cover exhaustively various roads and bridge works.
(Applicable for important and major roads.)

However, the specification of MORTH conforming to the adopted DSR/SOR of CIL/Subsidiary may be adopted.

*Delete if not applicable

102
A N N E X U R E S.

103
 ANNEXURE-I

To be Submitted by Bidder on Non-Judicial Stamp Paper of Rs. 10/- duly attested by Notary
Public.

FORM FOR GUARANTEE BOND

FOR ANTI-TERMITE TREATMENT

THIS AGREEMENT made this ……………….…..……… day of Two thousand .................................................. between
M/s…………………… (hereinafter called the guarantor of the one part and M/s… ....................... Limited, hereinafter
called the ............................ Limited hereinafter called the OWNER of the other part.

Whereas the agreement is supplementary to the contract hereinafter called the contract dated …………………..
made between the guarantor of the one part and ........................................... Limited, of the other part whereby the
contractor inter-alia, undertook to render the buildings and structures in the said contract recited, completed,
termite proof. And whereas the guarantor agreed to give a guarantee to the effect that the said structure will remain
termite proof for TEN YEARS to be reckoned from the date after the maintenance period prescribed in the contract
expires.

During this period of guarantee the guarantor shall make good all defects and for that matter shall replace at his
risk and cost such wooden member as may be damaged by termite and in case of any other defect being found,
he shall render the building termite proof at his cost to the satisfaction of the Engineer-in-charge and shall
commence the works of such rectification within seven days from date of issuing notice from the Engineer-in-charge
calling upon him to rectify the defects, failing which the work shall be got done by ............................................. Limited
/ OWNER by some other contractor at the guarantor‟s cost and risk and in the later case the decision of the
Engineer-in-charge as to the cost recoverable from the guarantor shall be final and binding.

That if the Guarantor fails to execute the Anti-Termite treatment or commits breaches hereunder then the Guarantor
will indemnify …………………. Limited against all losses damages, cost expenses or otherwise which may be
incurred by him by reasons of any default on the part of the guarantor in performance and observance of this
supplemental Agreement. As to the amount of loss and or damage and / or cost incurred by ......................Limited /
OWNER decision of the Engineer-in-charge will be final and binding on the parties.

In witness where of these presents have been executed by the Guarantor ……….. and by ................................ for and
on behalf of ........................................ Limited on the day of month and year first above written.

Signed sealed and delivered by Guarantor

IN THE PRESENCE OF:

1.

2.

Signed for and on behalf of ............................................... Limited by / in presence of:

1.

2.

104
 ANNEXURE-II

To be Submitted by Bidder on Non-Judicial Stamp Paper of Rs. 10/- duly attested by Notary
Public.

GUARANTEE TO BE EXECUTED BY CONTRACTOR FOR REMOVAL OF DEFECTS AFTER COMPLETION

IN RESPECT OF WTER PROOFING WORKS.

The agreement made this ……………….…..……… day of ………………Two thousand and

…………………….……….. between…………………… (hereinafter called Guarantor of the one part) and
……………… Limited (hereinafter called the Owner of the other part).

WHEREAS this agreement is supplementary to a contract (hereinafter called the contract), dated …………………..
and made between the GUARANTOR OF THE ONE part and the ............................................ Limited of the other
part, whereby the contractor, inter-alia, undertook to render the buildings and structures in the said contract recited
completely water and leak proof.

AND WHEREAS the Guarantor agreed to give a guarantee to the effect that the said structures will remain water
and leak proof for five years from the date of giving water proofing treatment.

NOW THE GUARNTOR hereby guarantees that water proofing treatment given by him will render the structures
completely leak proof and the minimum life of such water proofing treatment shall be five years to be reckoned from
the date after the maintenance period prescribed in the contract.

Provided that the Guarantor will not be responsible for leakage caused by earthquake or structural defects or
misuse of roof or alteration and for such purpose.

1. Misuse of roof shall mean any operation, which will damage proofing treatment, like chopping of fire wood and
things of the same nature which might cause damage to the roof.
2. Alternation shall mean construction of an additional storey or a part of the roof or construction adjoining to
existing roof whereby proofing treatment is removed in parts.
3. The decision of the Engineer-in-Charge with regard to cause of leakage shall be final.

During this period of guarantee, the Guarantor shall make good all defects and in case of any defect being found
render the building water proof to the satisfaction of the Engineer-in-Charge at his cost and shall commence the
work for such rectification within seven days from the date of issue of notice from the Engineer-in-Charge calling
upon him to rectify the defects failing which the work shall be got done by ......................................... Coalfields by some
other Contractor at the guarantor‟s cost and risk. The decision of the Engineer-in-Charge as to the cost, payable
by the Guarantor shall be final and binding.

That if the Guarantor fails to execute the water proofing or commits breach thereunder, then the Guarantor will
indemnify the principal and his successors against all loss, damage, cost, expense or otherwise which may be
incurred by him by reason of any default on the part of the GUARANTOR in performance and observance of this
supplementary agreement. As to the amount of loss and / or damage and / or cost incurred by ………………..
Coalfields, the decision of the Engineer-in-Charge will final and binding on the parties.

IN WITNESS WHEREOF these presents have been executed by the Guarantor……….. and by …………………
and for and on behalf of......................................... Limited on the day, month and year first above written.

Signed, sealed and delivered by Guarantor in the presence of -

1.
2.
Signed for and on behalf of …………………………… Limited by …………………..
105
In presence of:
1.
2.

106
 ANNEXURE-III
PROFORMA FOR EXECUTION OF AGREEMENT.

(Specimen to be vetted by Legal Department))

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 (1st part of Security
Deposit) in the form of B.G./NEFT/RTGS other form (details to be furnished) .

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 ) to make the total Security as 10%(ten percent) of contract value, as
per the terms & condition of the tender/ contract.
107
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 -

1. Name : Signature
2. Address: .

108
 Annexure-IV
WORK ORDER

(Specimen Form Contents)

.................................... COALFIELDS LTD

(A subsidiary of Coal India Limited)
Office of the ……………………………….
Address.................................................................
Ref. No:………………………… Date:

To
M/s ..........................................
...............................................
Dear Sir,

Sub : Work Order for ……………………………..

Ref. i) Your offer opened on .............. in response to Quotation/Bid Notice
No……………………………
ii) Your Negotiation letter No… ................................... (if any).
iii) LOA No ........................................................................ (if any)

1. Pursuant to the above Quotation/Bid Notice, Quotation/Bids were invited for the above-mentioned work and
were opened on .............. in the presence of intending Quotationer/Bidders or their representatives and you
had submitted a Quotation/Bid in response to the aforesaid Quotation/Bid Notice as per the terms and
conditions stipulated for submission of Quotation/Bid which shall form part of this Work Order.

2. The management of...........................................Coalfields Ltd. having decided to award the work in your
favour, the work is awarded to you for a period of …………..days/ months at a cost of Rs…………………. .

Work Description: Name of Work with location.

Enclose Bill of Quantities duly filled in as per accepted bid/quotation along with scope of work and notice.

The above work is awarded to you on the following terms and conditions:-

a) The date of start of work shall be 10th day of issue of letter of acceptance/work order.

b) Security Deposit:

Performance Security Deposit @ 5% will have to be deposited by you within 21 days of issue of LOA/work
order. You have already deposited a sum of Rs……… as earnest money, which shall be converted into
performance security and as such, the balance amount of Rs……….is to be deposited in shape of
BG/NEFT/RTGS/other forms in favour of ............... Coalfields Ltd on any Scheduled Commercial Bank payable
at its Branch at………………………………………..…..

Retention Money will be deducted at 5% from your running bills. Total of performance security and
Retention Money should not exceed 10% of awarded value/revised completion value.

The performance security deposit shall be refunded after successful completion of the work and ssue of
Defect Liability Certificate (taking over certificate with a list of defects.)

The retention money will be refunded after expiry of Defect Liability Period, issue of „No-defect‟ Certificate
109
and payment of final bill.

However, for building or other similar nature of works, where defects such as leakages in roof and
dampness in walls can be noticed, the retention money shall be refunded after 6(six) months or at the end
of one full monsoon period, whichever is later.

However, for maintenance works, where work is of such nature that there is no question of defect, the
retention money will be refunded after completion of work along with refund of performance security. The
security deposit shall bear no interest.

c) Payment of Bills

Monthly running account bills shall be paid based on measurement of work recorded by the official authorized
by the department for this purpose.

Note: Further statutory deductions as per norms shall be effected.

d) Statutory Obligations - on Contractor's Account

The contractor shall maintain all records as per the provision made in various statutes including
contract/labour regulation and abolition act and pay minimum wages to the labourer engaged by him as per
minimum wages act or such other legislation or award of the minimum wage fixed by the respective state
govt. or central govt. as may be in force.

The company does not undertake any responsibility for supply of any material and tools and plants. The
contractor shall arrange all material, tools and plants and labour required for the work.

e) Penal Clauses/ Recovery of Damages.

The work shall be started within 10 days of issue of Letter of Acceptance/Work order or 7th day of handing
over of the site whichever is earlier. The work shall be completed within… months/days as specified in
quotation/bid notice.

In case of failure to complete the work on or before the scheduled date of completion, compensation shall be
payable @ 0.5% of contract price/revised contract price whichever is less per week of delay. The total value
of such compensation shall not exceed 10% of awarded value/revised completion value whichever is lower.

In case of failure to start the work within 10 days of issue of LOA/work order, the company shall be at liberty
by giving 10 days notice in writing to start the work, failing which to forfeit the earnest money deposited by
you and to rescind the LOA/work order. Additionally you will be debarred from participating in future tenders
for period of 1(one) year.

f) Change in Scope/ Nature of Work During Progress of Work

In case of any change/deviation in quantity and items of the work during its progress, the contractor is to
inform the management immediately and act as per the direction of the management.

g) Termination/ Cessation of Work with Notice

The management reserves the right to terminate the contract under the following specific conditions/
circumstances:
a. Unsatisfactory performance of the contracted work
b. Involvement in action causing breach of peace and discipline within the company/area premises.
110
 c. Failure to comply with the general terms and conditions of MCEW which is integral part of the work
order.
d. Moral turpitude
e. Violation of the provisions under various laws and awards in force from time to time as are applicable
to the work
f. Any action on the part of the contractor which in the opinion of the management is detrimental to the
interest of the company.

h) Payment of Government Dues Connected with the Work

The contractor is required to make timely payment of government dues which he is under legal obligation
to pay to state government or any other legal authority every month.

i) Contractor's Representation at Site.

The contractor shall depute himself /his agent/ representative at the work site during the period of contract.
Intimation in this regard be submitted to the department. The contractor/agent/representative shall receive
instruction from the department.

In addition to all the above terms and conditions, the award shall be guided by standard General Terms
and Conditions as per provision of MCEW (as enclosed) that are integral part of the work order-cum-
agreement.

The work order is being issued to you in duplicate. Please return the duplicate copy duly signed on all
pages, as a token of your acceptance which shall be treated as an agreement between you and company.

Yours faithfully,

Designation

NOTES :
1. Draft Work Order is only a specimen form content.
2. Additional clauses e.g. Penal clauses/ recovery of damages, termination clauses, etc. may be inserted
according to the requirement in a particular case.
3. This draft is applicable for works where agreement is not likely to be executed.
4. For works where separate agreement shall be executed this draft may be considered as broad guidelines
with suitable modifications / adjustment.

111
 Annexure-V

PRE-CONTRACT INTEGRITY PACT

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ...................... day of the month
of ………….20…, between, on one hand, Coal India Limited/Subsidiary Cos. acting through Shri
…………………….., Designation of the officer, (hereinafter called the “BUYER / Principal”, which expression shall
mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and
M/s. …………………………..represented by Shri………………, Chief Executive Officer (hereinafter called the
“BIDDER/Seller/Contractor” which expression shall mean and include, unless the context otherwise requires, his
successors and permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to procure ………………………………….(Name of the

Work/Stores/Equipment/Item) and the BIDDER/Seller is willing to offer/has offered the stores and

WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership/registered

export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Central Public
Sector Unit.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced
dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to :-

Enabling the BUYER to obtain the desired said work/stores/equipment at a competitive price in conformity with the
defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement,
and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by
providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the
BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following
principles:-

a. No employee of the Principal, personally or through family members, will in connection with the tender for , or
the execution of a contract, demand ; take a promise for or accept, for self or third person, any material or immaterial
benefit which the person is not legally entitled to.

b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in
particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide
to any Bidder(s) confidential / additional information through which the Bidder(s) could obtain an advantage in
relation to the tender process or the contract execution.

c. Principal will exclude from the process all known prejudiced persons.
112
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the
IPC/ PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder(s)/ Contractor(s)

(1) The Bidder(s) / Contractor(s) commit themselves to take all measures necessary to prevent corruption. The
Bidder(s) / Contractor(s) commit themselves to observe the following principles during participation in the tender
process and during the contract execution.

a. The Bidder(s) / Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any
of the Principal's employees involved in the tender process or the execution of the contract or to any third person
any material or other benefit which he/ she is not legally entitled to, in order to obtain in exchange any advantage
of any kind whatsoever during the tender process or during the execution of the contract.

b. The Bidder(s) / Contractor(s) will not enter with other Bidders info any undisclosed agreement or understanding,
whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non- submission of bids or any other actions to restrict competitiveness or to introduce cartelisation
in the bidding process.

c. The Bidder(s) / Contractor(s) will not commit any offence under the relevant IPC/ PC Act; further the Bidder(s) /
Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any
information or document provided by the Principal as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or transmitted electronically.

d. The Bidder(s) / Contractors(s) of foreign origin shall disclose the name and address of the Agents/
representatives in India , if any, Similarly the Bidder(s) /Contractors(s) of Indian Nationality shall furnish the name
and address of the foreign principals, if any. Further details as mentioned in the "Guidelines on Indian Agents of
Foreign Suppliers" shall be disclosed by the Bidder(s) / Contractor(s).Further, as mentioned in the Guidelines all
the payments made to the Indian agent/ representative have to be in Indian Rupees only.

e. The Bidder(s) / Contractor(s) will, when presenting their bid, disclose any and all payments made, is committed
to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

f. Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the
matter to IEMs and shall wait for their decision in the matter.

(2) The Bidder(s) / Contractor(s) will not instigate third persons to commit offences outlined above or be an
accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other
form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder
from the tender process or to terminate the contract, if already signed, for such reason.

(1) If the Bidder / Contractor / Supplier has committed a transgression through a violation of Section 2 such as to
put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor / Supplier
from future contract award processes. The imposition and duration of the exclusion will be determined by the
severity of the transgression. The severity will be determined by the circumstances of the case. In particular the
number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the
amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
113
(2) A transgression is considered to have occurred if the Principal, after due consideration of available facts and
evidences within his / her knowledge concludes that there is a reasonable ground to suspect violation of any
commitment listed under Section 2 i.e “ Commitments of Bidder(s) / Contractor(s).

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose
such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground,
including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given
freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor / Supplier can prove that he has restored / recouped the damage caused by him and
has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.”

Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3,
the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/ Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the
contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated
damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

Section 5 - Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last three years with any other Company
in any country conforming to the anti-corruption approach or with any Public Sector Enterprise in India that could
justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action
can be taken as per the procedure mentioned in "Guidelines on Debarment of firms from Bidding ".

Section 6 - Equal treatment of all Bidders / Contractors / Subcontractors

(1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of Integrity Pact
by the Sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders and Contractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 - Criminal charges against violating Bidder(s) / Contractor(s) / Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a

representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.

Section 8 - Independent External Monitor

(1) The Principal appoints competent and credible Independent External Monitor for this Pact after approval by
Central Vigilance Commission. The task of the Monitor is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this agreement.

114
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his/ her functions
neutrally and independently. The Monitor would have access to all Contract documents, whenever required. It will
be obligatory for him / her to treat the information and documents of the Bidders/Contractors as confidential.
He/ she reports to the Chairman, Coal India Limited / CMD, Subsidiary Companies

(3) The Bidder(s) / Contractor(s) accepts that the Monitor has the right to access without restriction to all Project
documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor,
upon his/ her request and demonstration of a valid interest, unrestricted and unconditional access to their project
documentation. The same is applicable to Sub-contractors.

(4) The Monitor is under contractual obligation to treat the information and documents of the Bidder(s) /
Contractor(s) / Sub-contractor(s) with confidentiality. The Monitor has also signed declarations on 'Non-Disclosure
of Confidential Information ' and of 'Absence of Conflict of Interest'. In case of any conflict of interest arising at a
later date, the IEM shall inform Chairman, Coal India Limited / CMD, Subsidiary Companies and recuse himself /
herself from that case.

(5) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to
the Project provided such meetings could have an impact on the contractual relations between the Principal and
the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he/ she will so inform the
Management of the Principal and request the Management to discontinue or take corrective action, or to take other
relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has
no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

(7) The Monitor will submit a written report to the Chairman, Coal India Limited / CMD, Subsidiary Companies within
8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit
proposals for correcting problematic situations.

(8) If the Monitor has reported to the Chairman, Coal India Limited / CMD, Subsidiary Companies, a substantiated
suspicion of an offence under relevant IPC/ PC Act, and the Chairman, Coal India Limited / CMD, Subsidiary
Companies has not, within the reasonable time taken visible action to proceed against such offence or reported it
to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner.

(9) The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last
payment under the contract, and for all other Bidders 6 months after the contract has been awarded. Any violation
of the same would entail disqualification of the bidders and exclusion from future business dealings.

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse
of this pact as specified above, unless it is discharged / determined by Chairman Coal India Limited / CMD,
Subsidiary Companies.

Section 10 - Other provisions

(1) Changes and supplements as well as termination notices need to be made in writing. Side agreements have
not been made.

115
(2) If the Contractor is a partnership or a Joint Venture, this agreement must be signed by all partners or JV
members.

(3) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

(4)Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.

(5) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in the Integrity Pact
will prevail.

Section 11- Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its
agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the
BIDDER shall provide necessary information and documents in English and shall extend all possible help for the
purpose of such examination.

Section 12- Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.

Section 13 - Other Legal Actions.

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in
accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

(For & On behalf of the Principal) (For & On behalf of Bidder/ Contractor)

(Office Seal) (Office Seal)

Place -------------- Place --------------

Date ------------ Date ------------

Witness 1: Witness 2:
(Name & Address) (Name & Address)

116
Guidelines for Indian Agents for Foreign supplier (Part of Integrity Pact)

1. Authorized Indian Agent of a foreign manufacturer or indigenous manufacturer is also eligible to quote on behalf
of its principal against the tender, in case manufacturer as a matter of corporate policy does not quote directly.
However, in such case, authorized Indian Agent shall have to upload scanned copy of tender specific
Manufacturer‟s Authorization, signed and stamped by the manufacturer to quote against the CIL Tender, indicating
the Tender Reference No. and date along with the offer. The authorized Indian Agent is to upload scanned copies
of details in respect of its organization along with the copies of document like certificate of incorporation / registration
etc. alongwith the offer. The firm (Indian Agent) should be in existence for 3 years on the date of tender opening,
irrespective of date of appointment as Indian Agent.
In case an Indian Agent is participating in a tender on behalf of one manufacturer, it is not allowed to participate /
quote on behalf of another manufacturer in this tender or in a parallel tender for the same item. Further, in a tender,
either manufacturer can quote or its authorized Indian Agent can quote but both are not allowed to participate/
quote in the same tender. Also, one manufacturer can authorise only one agent to quote in the same tender. All
the bids, not quoted as per the above guidelines, will be rejected.

2. The Foreign manufacturer must indicate the name & address of its agent in India. It should also indicate the
commission payable to them and the specific services rendered by them. The Indian Agency commission will be
payable only on FOB prices of goods and it should be quoted as a percentage of the FOB price. In case, the foreign
manufacturer does not have any Indian Agent, it should be clearly mentioned in the bid. In terms of Integrity Pact,
the Bidder has also to disclose all payments to agents, brokers or any other intermediaries. The amount of agency
commission payable to Indian Agent should not exceed 5% or what is specified in agency agreement, whichever
is lower.

3. In addition to above A certificate that no commission is payable by the principal supplier to any agent, broker or
any other intermediary against this contract other than percentage as indicated in BOQ (not exciding 5% of FOB)
of FOB value of the contract to Indian Agent. This certificate forms a part of letter of credit.

4. The payment of Indian Agency Commission, if any, involved, may be considered in case of necessity, subject to
compliance of the Government of India guidelines issued from time to time. The name of the Indian Agent with their
full address and the quantum of Agency commission if any, payable shall have to be mentioned in the offer by the
foreign manufacturer.

The following documents shall be submitted by the Bidder in case of contract with foreign principals involving Indian
agents:

a. Foreign principal‟s pro-forma invoice or any other authentic document indicating the commission payable to the
Indian agent, nature of after sales service to be rendered by the Indian Agent and the precise relationship between
the Principal and the Agent and their mutual interest
b. Copy of the agency agreement if any with the foreign principal stating the precise relationship between them and
their mutual interest in the business.
However, if all the details given in Para – (i) are complied with, the requirement of submission of document
mentioned at Para – (ii) may be waived.

5. Agency commission, if any, shall be paid in equivalent Indian Rupees.

117
 ANNEXURE- VI
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;

3. Obligations for Proactive Disclosures

118
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.

119
 ANNEXURE- VII
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 ……….. against Tender id No.(to be entered by TIA)
......................... Dated………………… 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 fulfilment 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 business 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.

8. 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 contract, forfeiture of all dues and Debarment of our firm and all partners of the firm etc from
Bidding, as per the tender document.

120
 ANNEXURE- VIII

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 “ -------------------“ (to be filled by the department)

Ref. : 1. NIT No.: “--------------------------------------“ (to be filled by the department)

Tender Id No. :“-------------------------------“ (to be filled by the department)

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 required 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
Acceptance/Work Order shall constitute a binding contract between us and Northern Coalfields Limited

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 Limited 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.

121
 ANNEXURE- IX
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.

122
 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 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)

123
“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.

124
 ANNEXURE-X

PROFORMA OF JOINT VENTURE AGREEMENT

(On Non-Judicial Stamp paper of appropriate value as per provision of the Stamp Act applicable in
the concerned state)
This Joint Venture agreement is made on this ……………………..day of…………………………………..
AMONGST/BETWEEN
M/s………………………………………, having its registered Office at ………………………..........................................
Represented by Shri…………………………….(Name and Designation) of M/s………………...Who has power
of Attorney to enter into Joint Venture with…………………………………...and Sign all documents/
agreements on behalf of M/s……………… (hereinafter referred to as”……………….”)
AND
M/s………………………………………, having its registered Office at ………………………...
Represented by Shri…………………………….(Name and Designation) of M/s………………...who has power
of Attorney to enter into Joint Venture with…………………………………...and Sign all
documents/agreements on behalf of M/s……………… (hereinafter referred to as”……………….”).
AND
M/s………………………………………, having its registered Office at ………………………...
Represented by Shri…………………………….(Name and Designation) of M/s………………...who has power
of Attorney to enter into Joint Venture with…………………………………...and Sign all
documents/agreements on behalf of M/s……………… (hereinafter referred to as”……………….”).

The expressions M/s ………………….. and M/s…………………and M/s ………..shall, wherever the context
admits, mean and include their respective legal representatives, successors-in-interest and assigns
and shall collectively be referred to as “Joint Venture /Parties” and individually as “Joint Venture
Partner/Party”.

WHEREAS M/s……………….and M/s………………agreed to form a Joint Venture in order to join their

forces to obtain best results from the combinations of their individual resources of technical and
management skill, finance and equipment for the benefit of the project and in order to submit the
Bid for the work of “………………………………….............................................
……………………………………………………………………………………………………………………………….. (Hereinafter
referred to as “Project”) under…………………….. (Name of Company(hereinafter referred to as “the
principle Employer”).

The Parties hereby enter into this Joint Venture Agreement (hereinafter referred to as “Joint
Venture agreement”) to jointly prepare and submit the Bid for the Project and in the event of
securing the Project from the Employer, to execute the Project in accordance with the Contract
terms and conditions, to the satisfaction of the Principal Employer.

NOW THEREFORE, the parties, in consideration of the mutual premises contained herein, agree as
follows:
1) FORMATION AND TERMINATION OF THE JOINT VENTURE.

The parties under this Agreement have decided to form a Joint Venture to submit the Bid for the
above Project and execute the Contract with the Principal Employer for the Project, if qualified and
awarded.
a) The name and style of the Joint Venture shall be “……………………………….”
(hereinafter called the “Joint Venture”)

125
b) The Head Office of the Joint Venture shall be located at………………………. and the site office will be
located at the site of the Project. All communication regarding the project will be made
to…………………… Telephone Nos………………………….

c) Neither of the parties of the Joint Venture shall be allowed to sign, pledge, sell or otherwise
dispose all or part of its respective interests in the Joint Venture to any party including the existing
partner of the Joint Venture.

d) The terms of the Joint Venture shall begin as on the date first set forth above and shall terminate
on the earliest of the following dates.

i) The Joint Venture fails to obtain qualification from the Employer.

ii) The Contract for the Project is not awarded to the Joint Venture.
iii) The Employer cancels the Project.
iv) The Project is completed including defects liability period to the satisfaction of the Employer
and all the parties complete any and all duties, liabilities and responsibilities under or in
connection with the Contract and the Joint Venture agreement.

2) LEAD PARTNER.

M/s…………………………. shall be the Lead Partner of the Joint Venture and is In-charge for performing
the contract management. M/s…………………. shall be attorney of the parties duly authorized to incur
liabilities and receive instructions for and on behalf of any and all partners in the Joint Venture and
also all the partners of the Joint Venture shall be jointly and severally liable during the bidding
process and for the execution of the contract as per contract terms with the employer in accordance
with the power of attorney annexed. All Joint Venture Partners M/s………………….; M/s……………. &
M/s…………………………. nominate and authorize Shri………………. (name and designation) of
M/s……………………………… to sign all letters, correspondence, papers & certificates and to submit the
Pre-qualification Application / Bid documents for and on behalf of the Joint Venture.

3) REPRESENTATIVE OF THE PARTNERS OF THE JOINT VENTURE.

Each constituent party of the Joint Venture appoints the following personnel as the representative
of the relevant party with full power of attorney from the Board of Directors of the concerned
company, or from the partners of the entity, or from the proprietor.
JV Partner Name Position in the respective Company
M/s…………… …………………. ……………………………………..
M/s…………. ………………….. ……………………………………..
M/s ………… ………………… ……………………………………..

4) PARTICIPATION SHARE & WORK RESPONSIBILITIES.

4.1 The parties agree that their respective participation share (hereinafter called ‘Participation
Share’) in the Joint Venture shall be as follows:
M/s………………………………….: …….…..% (…………..per cent)
M/s………………………………….: …….…..% (…………..per cent) and
M/s………………………………….. ……..…..% (…………..per cent)

126
4.2 The Parties shall share the rights and obligations, risk, cost and expenses, working
capitals, profits or losses or others arising out of or in relation to execution of the Project
individually or collectively.

4.3 The parties shall jointly execute the works under the Project as an integrated entity and allocate
responsibilities as regards division of work between themselves by organizing the adequate
resources for successful completion of the Project. However, all parties shall remain jointly and
severally responsible for the satisfactory execution of the Project in accordance with the Contract
terms and conditions.

5) JOINT AND SEVERAL LIABILITIES.

All partner of Joint Venture shall be liable jointly and severally during the Pre-qualification and
Bidding process; and in the event the contract is awarded, during the execution of the Contract, in
accordance with Contract terms.
6) WORKING CAPITAL

During the execution of work/service, the requirement of Working Capital shall be met
individually or collectively by the JV partners.

7) BID SECURITY:

Bid Security, Performance Security and other securities shall be paid by the Joint Venture except as
otherwise agreed.

8) PERSONNEL & EQUIPMENT

Team of Managers / Engineers of all the partners of the Joint Venture will form part of the core
management structure and assist in execution of the project. The list of Personnel and equipment
proposed to be engaged for the project by each Party will be decided by the management
committee.

9) NON-PERFORMANCE OF RESPONSIBILITY BY ANY PARTY OF JOINT VENTURE.

a) As between themselves, each Party shall be fully responsible for the fulfillment of all obligations
arising out of its scope of the work for the Project to be clarified subject to the Agreement between
the Parties and shall hold harmless and indemnified against any damage arising from its default or
non-fulfillment of such obligations.

b) If any Party fails to perform its obligations described in this Agreement during the execution of
the Project and to cure such breach within the period designated by the non-defaulting party, then
the other party shall have the right to take up work, the interest and responsibilities of the
defaulting party at the cost of the defaulting party.

c) Stepping into the shoes of the existing partner of Joint Venture with all the liabilities of the
existing partner from the beginning of the contract with the prior approval on Northern Company.

127
d) Notwithstanding demarcation or allotment of work of between/amongst Joint Venture partners,
Joint Venture shall be liable for non-performance of the whole contract irrespective of their
demarcation or share of work.

e) In case bid being accepted by Company, the payments under the contract shall only be made to
the Joint Venture and not to the individual partners.

10) BANK A/C.

Separate Bank A/c. shall be opened in the name of the Joint Venture in a scheduled or Nationalized
Bank in India asper mutual Agreement and all payments due to the Joint Venture shall be received
only in that account, which shall be operated jointly by the representative of the Parties hereto. The
financial obligations of the Joint Venture shall be discharged through the said Joint Venture Bank
Account only and also all the payments received or paid by company to the Joint Venture shall be
through that account alone.

11) LIMIT OF JOINT VENTURE ACTIVITIES.

The Joint Venture activities are limited to the bidding and in case of award, to the performance of
the Contract for the Project according to the conditions of the Contract with the Employer.

12) TAXES.

Each Party shall be responsible for its own taxes, duties and other levies to be imposed on each
party in connection with the Project. The taxes, duties and other levies imposed on the Joint
Venture in connection with the Project shall be paid from the account of the Joint Venture.

13) EXCLUSIVITY

The Parties hereto agree and undertake that they shall not directly or indirectly either individually
or with other party or parties take part in the Bid for the said Project. Each Party further guarantee
to the other party hereto that this undertaking shall also apply to its subsidiaries and companies
under its direct or indirect control.

14) MISCELLANEOUS:

a. Neither party of the Joint Venture shall assign, pledge, sell or otherwise dispose all or part of its
respective interests in the Joint Venture to all third party without the Agreement of the other party
in writing.
b. Subject to the above clause, the terms and conditions of this agreement shall be binding upon the
parties, the Directors, Officers, Employees, Successors, Assigns and Representatives.

15) APPLICABLE LAW

This agreement shall be interpreted under laws and regulations of India.

IN WITNESS Whereof the Parties hereto have hereunder set their respective hands and seals the
day, month, year first above written.

For …………………………………….. For……………………………..

Signature _____________________ Signature _______________

128
(Name & Address ) ( Name & Address )
(Official Seal ) (Official Seal )
Place ………………………………….. Place………………………..
Date …………………………………… Date ……………………………….
Witness Witness
Signature …………………………….. Signature ………………………
(Name & Address ) ( Name & Address )

129
 Annexure-XI

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
130
Date :
Signature of the Authorised official from the Bank)

131
 Annexure-XII

SPECIMEN OF LETTER BY THE ENGINEER-IN-CHARGE TO CONTRACTOR

FOR PROVISIONAL REDUCTION IN RATE FOR SUBSTANDARD WORK.

REGISITERED POST/A.D.

No. date…...

To
M/S…………………………………..
……………………………………….

Dear Sir(s),

Subject: (Complete name of work) ………………………. Agreement No …………………..

1) The…………………… (Name of the Company) considers that the items of work (specified in the statement
appended herewith) relating to the work of ……………………… undertaken by you in terms of the above
agreement have not been executed in accordance with the prescribed specifications and/ or in a
workman like manner and, therefore, cannot be accepted in terms of the above said agreement for
payment at the rates specified in the agreement.

2) The …………………… (Name of the Company) is willing to consider acceptance of the same should you
agree to receive payment at rates suitably reduced taking in consideration of substandard nature of the
said items of work. The Area Engineer of this work will determine as to what suitable reductions in the
rates should be made from the agreed rates for the said items. His decision shall be final. Pending such
decision of the Area Engineer, however, the payment for the said items of work will be made at the
provisional rates indicated against each item.

3) If you agree to the aforesaid conditions for acceptance of payment for the said items of work, you may
please return the enclosed form duly executed by you.

4) If no reply is received from you within three weeks of the date of issue of the letter, it shall be
presumed that the offer is not acceptable to you. In the said event, the offer shall stand withdrawn
without prejudice to the rights and remedies of the ………. (Name of the Company) in terms of the
contract.

Enclo: Proforma for Acceptance (Appdx.22)

Yours faithfully,

Engineer-in-Charge
For and on behalf of
(Name of the Company)

132
 Annexure - XIIA

SPECIMEN OF LETTER OF CONTRACTOR’S ACCEPTANCE OF PROVISIONAL REDUCTION OF RATE FOR

SUBSTANDARD WORK.

No. Date:

To
………………………………..
………………………………..

Sir,

Subject: (Complete name of work)_____________________________

Reference: Your letter No……………………………………………….

I/We have carefully read the terms and conditions offered in your letter dated……………..and they are
acceptable to me/us.

Pending the decision of the Area Engineer of the final rates of payment against the items of work
specified in the statement attached to your above letter which will be final and binding,. I/We agree to
the same being paid at the provisional rates indicated against each of the said item of work for the above
work as mentioned in your statement.

Yours faithfully,

Contractor(s).

133
 Annexure- XIII
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),
LOCAL 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. .................................., solemnly 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/ StepBrother/ Sister / Stet-Sister.

2. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make
necessary payments as required under law.
Or
*I/We hereby undertake that we shall take appropriate steps for registration as relevant 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 provisions 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 content requirement and has local content:
* Equal to or more than 50% (Select this, in case of Class-I Local Suppliers) i.e………% (indicating
the percentage 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.
134
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 India and on sub-contracting to contractors from such countries
- I/we have read the Clause regarding 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; 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 Competent 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 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 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 contract, forfeiture of all dues and Debarment of our firm and all
partners of the firm etc from Bidding, as per the tender document.

11. I have read and understood the “Clause 8 Quality Assurance - Materials and Workmanship” of the
conditions of contract of NIT and agree for its compliance.

135
 Annexure-XIV

APPROVED MATERIAL LIST

(As per clause 8 Quality Assurance – Materials and Workmanship of Conditions of Contract)

Before use, the contractor shall provide the samples as per the Make or Brand indicated below.
In case it is established that the brands specified below are not available in the market,
contractor shall submit alternative proposal for the approval of Engineer-in-charge.

Before use of any make or brand, prior approval of Engineer-in-charge is to be obtained. No

extra payment shall be paid on this account.

Sl MATERIAL BRAND / MAKE

no

1 AAC BLOCK Aerocon, Siporex, Ultratech, Ecolite, Concrelite, J. K. Laxmi

(Cement Ltd.), BILTECH, Kansal, Dlite Blocks, Orilite – Kota, MAX
Blocks, HIL, ACE, Gravit.

2 AAC Block Adhesive Ferrous crete, ARDEX ENDURA, Ultratech, Perma, Home
Sure/Build well, Ferrous Crete

3 Acrylic Emulsion Paints Asian Paints: (Professional Premium Interior Emulsion Paint),
Garware, Nerolac: Beauty Gold, Berger: Rangoli Total Care & ICI
Dulux: Super Cover

4 Acrylic Distemper, Emulsion, Asian Paints, ICI Dulux, Berger, Nerolac, Garware, , Commando
Synthetic Enamel Paint and
Primer, Multi Surface paint

5 Acrylic smooth exterior paint Asian Paints: Apex/Professional Premium Exterior Emulsion,
Nerolac:XL, Berger: Weather Coat, Garware, ICI Dulux: Weather
Shield

6 Auditorium Chairs Godrej, Wipro, Methodex, Bonton, Penworker, Durion,

Spacewood

7 Aluminium Composite Panel Alpolic, Alucobond, Reyno bond, Eurobond, Alstrong

8 Aluminium Extrusion Hindalco, Indalco, Jindal

9 Aluminium Section Indalco, Hindalco, Jindal & Indian Aluminium Co.

10 Aluminium shuttering Knest, S-form,Durand forms (India) Pvt Ltd, Mivan

11 Annealed Float Glass Saint Gobain, Modiguard, Asahi

12 Anodized Aluminium Hardware Kilong, aluaplpha, Classic &Ebco

(Heavy Duty)

136
13 Bitumen Indian oil, Hindustan petroleum, Bharat petroleum

14 Calcium Silicate Board/ Tiles Aerolite, Hilux, Starpan

15 CC Paver/Grass Paver Nitco, Hindustan, Ultra, KJS Concrete, Duracrete, Mehtab Tiles,
Kaptim

Pavcon, Hyper, Mayur, KK, Power, Sharda &Navya

Paver Block &Kerb Stone

16 Cement(PPC/OPC) ACC, Ultratech, Vikram, Shree Cement, Ambuja, JK cement,

Century Cement, Jaypee Cement, Prism Cement

17 Cement primer Nerolac, Berger(BP White), Garware, STP Ltd, Asian (Decoprime
WT), ICI (White primer)

18 Centrifugally Cast Iron Pipe & NECO, SKF, BIC, RIF, Kapilansh, HIF, Raj Pattern Makers &
Fittings Founders Pvt Ltd

19 Ceramic Tiles Kajaria, Somany, Nitco, Orient Bell, Johnson, RAK Ceramics,
Varmora& AGL

20 Chequered / Tactile Tiles/GRC Dura, Eurocon, Modern, Hindustan, Johnson, Eavison, Ultra
tiles,NITCO,Hyper, Mayur, Pavcon, Unistone, Dazzle

21 CI Manhole Cover BIC, SKF, NECO, Hepco, Kapilansh, RIF

22 CI double flanged non return Kirloskar, Sant, Kartar

valves

23 CP brass fittings (Superior Jaquar, Marc, Kohler, Grohe, PLATO, Prima, Roka, Player &
range) Kingston

24 CP brass fittings (Normal range) ESSCO (by Jaquar), PLATO, Prima, Parryware, CERA, Kerovit (by
Kajaria), Johnson, Prayag Polymers Pvt Ltd, Player & Kingston

25 CPVC pipe and fittings Astral, Ashirvad, Prince, Supreme, Finolex, VECTUS,M/s Skipper
Ltd &Prayag Polymers Pvt Ltd,

26 Crystalline water proofing Fosroc: Bush Bond TGP, Dr Fixit: Dr Fixit Crystalline, Sika: Sika
compound 101h, Garware, Asian paints: Smartcare& equivalent product of
BASF, ArdexEndura, Perma Construction Aids Pvt Ltd

27 Curtain carrier/ Drapery Rod Marvel, Vista levlor, Johnson

28 Dash fastener, Expansion bolt Hilti, Bosch, Fischer, Wuerth

29 DI Pipe & fittings Electrosteel, Jindal, TATA DUCTURA, Kapilansh, kesoram

30 Ductile Iron Pipe (Water Electro steel, Kesso, KDUPL, Electro Spun
supply)

137
31 EPDM Gasket Hanu, Anand, Lescuyer

32 Epoxy Adhesive FOSROC, Aquomix, Choksey, BAL-ENDURA

33 Epoxy Grouting Compound Pidilite, Ferrous crete (Ferro 102), MYK, Laticrete

34 Epoxy Primer & Paint Berger, Pidilite, CICO, BASF, SIKA

Epoxy Paint Asian paints, STP Ltd, Nerolac, Berger, ICI, Kansai, Akzo Nobel

35 Extruded polystyrene Dowcorning, Supreme, Texas, Analco

insulation board

36 Fire Check door Navair, Godrej, Shakti

Fire rated doors Signum fire protection, ASES, Shakti metdoor, navair, Promat,
Thrislington, Sukri& Bhawani. If fire rated door glass is integral
part of fire rated door than it should be of one of the following:
Pyroguard, Saint Gobain, Asahi India, Pilkington, Schott

37 Fire Paint Asian paints, STP Ltd, Akzo Nobel, Wuerth, Promat & Jotun

38 Float Glass mirror Modifloat, Saint gobain, Asahi

Float/Clear/Frosted/Toughen/ Saint Gobain, AIS, Gold plus, Modiguard

Refractive glass

39 Floor hardener Ironite, Perma, STP Ltd, ferrok, Hardonate

40 Flush doors(ISI marked) Century, Kitlam, Archid, Greenply, Marino, Duro, Jayna, Gujcon

Flush door shutter Duro, Century, Durian, Archidply, Greenply, Jayna, Jain doors
pvt ltd, Greenpanel, A1 teak wood, Orion doors

41 Floor Spring and Door Closer Godrej, Dormakaba, Dorset, Kich

42 Friction stay Earl Bihari, Geze, Hettich, Securistyle

43 FRP door Fiberways, Bhatt FRP, Cappello, Jayna, Shiv Shakti, Jain doors
pvt ltd,

44 Galvanized/ stainless Steel Shakti, Arrow, Hilti, Fischer

Anchor fasteners

45 GI pipe and fittings Tata, Jindal (Hisar), Prakash surya, Zenith, Swastik

46 GI fittings Unik, AVR, Zoloto

47 GI sheet SAIL, TATA, JINDAL or equivalent

48 Gun metal gate valve Zoloto, Leader, SANT

49 Glass mosaic tile Bisazza, Italia, Palladio, Mridul, Ultra tiles, NITCO,Hyper, Mayur,

138
 Pavcon

50 Glass wool Dowcorning, UP Twiga, Isover

51 Gypsum plaster Ferrous Crete (ferro-500), Ultratech, Gyproc(Elite 90), Saint

Gobain, JK white

52 Gypsum board (false ceiling) Boral gypsum, India gypsum, Saint Gobain

53 Hydraulic door closer, floor Dormakaba, Hettich, Hafele, Geze, Godrej, Dorset &Kich
spring

54 Hardener Hardcrete of Snowcem India, Pidilite, CICO

55 HDPE pipes Vectus, EMCO, Polyfins, Pioneer, Plyfab, Reliance, Jain Pipes,
ORIPLAST, Supreme

56 Integral water proofing Fosroc:Conplast 421, Dr Fixit: LW+, Sika: Sikacim, Asian Paint:
compound with cement (for SmartcareVitalia& equivalent product of BASF, Garware, STP
plaster and mortar) Ltd, ArdexEndura, Perma Construction Aids Pvt Ltd

57 Jet assembly for EWC/ Health Parryware/ Jaquar, MARC, Prima (ISI)
Faucet

58 Kitchen loft tank Sintex, TirupatiStructurals Ltd, KMS Plast World Pvt Ltd, Planet
Plastics, Sri Kamakshi Traders, Sreyah Novel Inc

59 Laminates Merino, Greenlam, Formica, Kitlam, Action TESA, Vibrant

laminate pvt ltd, Century ply, Archidply, Virgo and orion doors

60 Locks/Latch Godrej, Harrison, Dorma, Yale, Doorset (ISI), Hafele

61 Marine plywood/ BWP ply Duro, Century, Greenlam

62 MBBR reactor, Multi grade Degremont, OSDPL, Thermax & ION Exchange
Filter & Activated carbon filter

63 MBBR media Cooldeck, MM Aqua, Exo aqua, Ion Exchange

64 Melamine polish Asian paints, Wudfin of Pidilite, Timbertone of ICI Dulux, Berger,
Melamine Gold, Garware

65 Metal false ceiling Nitobond, Armstrong, Trac, Durlum, Lafarge, Anutone,USG

Boral, SAintgobain, Aerolite, Diamond ceiling, Interarch, Hi steel
of PR Ceiling products

66 Mirror Glass Atul, Modi Guard, Gold plus, Golden fish

67 Mineral fibre/ GRG Ceiling Armstrong, Daiken, Anutone, Diamond, Credence

68 Modular Expansion joint Herculus, Sanfield India Ltd, vexcolt

139
69 Modular kitchen Godrej, Evok by Hindware

70 MS pipe (railing) Jindal, TATA, RINL, Prakash Surya

71 MS tubes TATA, Apollo, Prakash Surya

72 Multi coat synthetic plaster/ Spectrum, Heritage, Ultratech, Asian

textured exterior wall paint

73 Oil bound washable distemper/ Asian paints (Professional acrylic distemper), Nerolac: Beauty
dry distemper Acrylic Distemper, Berger: Bison Acrylic distemper, Garware,
DULUX ICI: Maxilite

74 PL.AL.PL. pipes Kitech, Vectus, Jindal

75 Plastic Emulsion Paint Asian paint (Apcolite Heavy Duty Premium Emulsion Paint),
Garware, Nerolac: Impression, Berger: Easy Clean, ICI Dulux: 3
in 1

76 Plywood Greenply, Century, Duro, Merino, Durian, Archidply,

greenpanel, Orion doors

77 Polycarbonate sheet Danpalon (DPI), Bayer, Macrolux, GE Plastic, LEXAN, MG

Polyplast

78 Polysulphide/ Silicon sealant Pidilite, Fosroc, Tuffseal, Chouksey chemicals, STP ltd, Sika,
BASF, GE plastics, Wuerth, Dow Corning, Waker

79 POP JK, Laxmi, Sriramnirman, Sakarni

80 PPR pipes SFMC, SAFE, Pioneer Industries, Vectus

81 Precast CC interlocking tiles Hindustan, Paver India, KK

82 Precoat Profile sheet Tata, Bhushan or equivalent

83 Pre laminated particle board Ecoboard, Action Tesa, Duro, Centuryply, Greenlam,
AlbihariMerino, Archidply, Orion doors

84 Pressed steel door frame M/s Engineers & Fabricator Raipur, M/S JK Enterprises Jaipur,
M/s jangidEngeering Works Jaipur, m/s Swastik Super
Industrioes Mohali, M/s SKS Steel Industries New Delhi

85 Premium Acrylic emulsion Asian Paints: Royale Luxury Emulsion, Garware, Nerolac:
paint Impression, Berger: Silk, ICI Dulux: Velvet Touch

86 Premium acrylic smooth Asian Paints: Apex Ultima, Nerolac: XL total, Garware, Berger:
exterior paint with silicon Weather Coat all guard, ICI Dulux: Weather Shield Max
additive

87 Profile steel sheet Ezydeck of TATA, Lloyd Superdeck, JSW, Jindal

140
88 PTMT fittings Prayag, Polytuf, Pearl, Millenium

89 PVC Cistern Steelbird, Jindal, Seabird, Prayag, Commander

90 PVC Connection pipe Supreme, Finolex, Prince

91 PVC rain water pipe & fitting Finolex, Kisan, Kasta, Supreme, Astral, Prince, Vectus
(SWR) Pipes

92 PVC Shutter Polygreen, Rajshri, Plastogreen, Sintex

93 PVC water storage tank Vectus, Water well, Plasto, Sintex, Gangotri

94 Ready mix polymer, modified Readyplast, Silicoplast, Permaplast Mix, Instaplast

cement plaster

95 Ready mix concrete Lafarge, Alchon, ACC, L&T, Grasim, Ultratech, RMC Ind, ACC
Ready Mix, NUVOCO

96 Sanitary ware, fittings, Kerovit(Kajaria), Prima, CERA, PLATO, Jaquar, Parryware,

accessories Hindware, Prayag Polymers Pvt Ltd

97 Sewage Treatment Plant/ ETP Orion- RBC technology, Pentapure RO system, Ecogene
Concepts LLP

98 SFRC Manhole covers and KK, JAIN, PRAGATI

grating

99 Sluice Valve Kirloskar, Venus, Kalpana, SANT, KARTAR, Zolto

100 Solid PVC frames and shutters Polygreen, Rajshri, Plastogreen, Sintex

101 Stainless steel Jindal, Salem or equivalent

102 Stainless steel sink with or Nirali, Hindware, Frankee, Neelkanth, Jaquar, Silver Shine
without draining board (Bluestar Sanitary Pvt Ltd), Prima, Plato, Jayna, Prayag Polymers
Pvt Ltd.

103 Stainless steel door/ window Dorma, Ozone, DLine, Hettich, Kich, Geze, Suzu, EssEmm, Jindal,
fittings and fixtures Dormakaba, Dorset, Godrej, Define

104 Stainless Steel Railing, Jindal, Dormakaba, Kich, Geze, Godrej &Hardwyn
accessories

105 Steel primer (Red Oxide Zinc Asian Paints, Nerolac, Garware, Berger, ICI
Chromate Primer)

106 Steel primer (Red Oxide Zinc Asian Paints, Nerolac, Garware, Berger, ICI
Chromate Primer)

107 Structural Steel Section TATA, SAIL, RINL, JSW Steel Ltd, Jindal Steel & Power Ltd

141
108 Water proofing compound/ Sika, Fosroc, Chouksey Chemicals, BASF, ROFF/Dr Fixit (Pidilite
Super plasticizer/ admixture Industries), Garware, STP Ltd, ArdexEndura, Perma Construction
Aids Pvt Ltd, Fosroc: Bush Bond, STP Ltd: Shalicrete, CICO:
Tapecrete, Dr Fixit: Pidifine 2K, Garware, Sika: Topseal 107,
Asian Paints: Damp Block 2K & equivalent product of BASF,
ArdexEndura, Perma Construction Aids Pvt Ltd

109 SW Pipes (BIS approved) Anand, Parry & Perfect

110 Synthetic enamel paint Asian Paints: Apcolite Premium Gloss Enamel, Nerolac:
Synthetic Hi gloss, Garware Berger: Luxol Hi gloss, ICI Dulux:
Gloss Synthetic Enamel

111 Tensile fabric Bluestone, Encon, Structure flex

112 Textured exterior paint Asian paints, Nerolac, Garware, Berger Paints, Ultratech Paints
and Luxture

113 Tile adhesive, Grouts Ferrous crete (Ferro 1122)) ArdexEndura (Gold Star), Pidilite
(Fevimate XL), WEABR (Saint Gobin), Sika, Thermoshield,
Somany, Laticrete, STP Ltd, Kajaria, Garware, BASF, Perma,
Ardex Endura, Wuerth, JK White, Home Sure/ Build Well

114 TMT Bars-Fe 500 D or more SAIL, TATA, RINL, Jindal, JSW Steel

115 Towel ring, towel rod/ towel Marc, Jaquar, Kohler, Grohe
rack

116 Tubular seallar window/ door M/s Engineers & Fabricator Raipur, M/S JK Enterprises Jaipur,
choukhats, pressed steel M/s jangidEngeering Works Jaipur, M/s Swastik Super
choukhats & different steel Industries Mohali
works approved fabricators

117 UPVC pipe & fittings Astral Flowguard, Ashirvad, Prince, Supreme, Finolex, Vectus,
M/s Skipper Ltd, Prayag Polymers Pvt Ltd

118 UPVC doors and window Roto, Doorset, DNV Accado, Kinlong
hardware

119 UPVC Windows/Doors Fenesta, Aluplast, Kommerling, Rheau, Veka, Duroplast, Advika
Profile Pvt Ltd (Fabrication and installation will be done by
profile manufacturer or his authorized fabricator)

120 Urinal, Washbasin, Orissa Hindware, Parryware, Jaquar, Cera, Kohler, Grohe
Pattern WC, Wall mounted
European WC seat with cistern

121 Veneers Century, Greenply, Merino, Durian, Archidply, Greenpanel,

orion door

122 Vitrified Tiles Johnson-Marbonite, Somany, Kajaria, Orient Bell, NITCO, RAK,

142
 Varmora, Restile, AGL

123 Wall putty Asian paints, Birla wall care, Garware, JK White, Home sure/
Buildwell, SARAPUTTY

124 Waste pipe Kamal, Viking, Jaquar

125 Water proofing compound Pidilite, CICO, Impermo

126 White Cement JK White, Birla White, Grasim

127 Wood primer Asian paints (wood primer-white/pink), Garware, Berger, ICI,
Nerolac

Signature Not Verified

Digitally signed by SHRUTI ANIL
Date: 2024.06.18 18:23:13 IST 143
Location: Coal India Limited-CIL