Tender Inviting Authority:

(A Subsidiary of Coal India Limited) Designation:

A Mini Ratna Company Office of The …….……………..
P.O. – ………………., Dist – …………… (ODISHA),
FAX: ……….…………
Tel………………………………
E-mail: ………………………….
Website: www.mahanadicoal.in
MCL e-Procurement Helpdesk Contact Details
Tel: 0663-2542264, 2542695
Email: [email protected]
NIT No.: ......................................................................... Dated…../…. /….….

(Applicable for tender having estimated value Rs 2.00 Lakh and above but below Rs 50.00 Lakh)

(Nature of job: Works Or Service)

e-TENDER NOTICE

1. Tenders are invited on-line on the website https://coalindiatenders.nic.in from the eligible bidders
having Digital Signature Certificate (DSC) issued from any agency authorized by Controller of
Certifying Authority (CCA), Govt. of India and which can be traced up to the chain of trust to the
Root Certificate of CCA, for the following work:

Estimated Cost of
Period of
Description of Work (Including GST &
Location Earnest Money (In Rs.) Completion
work BOCW Welfare Cess (if
(In Days)
applicable)) (In Rs.)
The Earnest money
deposit for tenders should
be 1.25% of estimated
value of work put to
tender, rounded off to next
hundred subject to a
maximum of Rs.50 lakhs.
Note: (i) BOCW Welfare Cess applicable/ not applicable for this work. (strike out whichever is not
applicable)
(ii) For Site visit of location of work, the prospective bidder(s) may contact Sri_________________,
__________Area, MCL (Cell No. _______________).

For further clarification, please contact:

Tender inviting authority Tender Dealing Officer(s)

1
2. Time Schedule of Tender:

Sl. No. Particulars Date Time

a. Tender e-Publication date
b. Document download start date
c. Document download end date
d. Bid Submission start date
e. Bid submission end date
f. Start date for seeking Clarification on-line
g. Last date for seeking Clarification on-line
h. Date of Pre-bid Meeting (if any)
i. Bid Opening date
Note: The auto extension of submission of the bid shall be applicable as per details mentioned in
Clause No.14 of NIT.

3. Deposit of EMD:

3.1 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.

NET-BANKING: In case of payment through net-banking the money will be immediately

transferred to MCL’s designated Account.

NEFT/ RTGS: In case of payment through NEFT/ RTGS 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 MCL account before bid submission.

3.1.1 The Bidder will be allowed to submit his/her bid only when the EMD is successfully
received in MCL’s designated account and the information flows from Bank to e-
Procurement system.
3.1.2 In online payment of EMD, if the payment is made by the bidder within the last date
& time of bid submission but not received by MCL within the specified period due to any
reason(s) whatsoever then the bid will not be accepted. However, the EMD will be
refunded back to the bidder.
3.1.3 Micro and Small Enterprises (MSEs) as defined in the MSE Procurement Policy
issued by Department of Micro, Small and Medium Enterprises (MSME) will be exempted
from the payment of earnest money (applicable only for Service 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.
Note: (i) EMD exemption is allowed in case of tenders whose estimated cost of work (electrical
works) equal to or less than Rs.5.00(Five) Lakhs on which PAPs are allowed to participate and for
service tenders.

3.2 If the L-1 bidder defaults in satisfying Techno-commercial criteria, full EMD will be
forfeited.

2
4. Pre-bid Meeting:
The pre-bid meeting shall be held in the office of the Tender Inviting Authority (TIA) 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 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, 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. Joint Venture is not allowed to participate
in the tender.

8. Eligibility Criteria:

A. Permanent Account Number (PAN): The bidder should possess 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 in Bidder space/ My Document:

PAN CARD of the bidder
B. 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 bidders are required to furnish the following
information on-line:
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: Document as per 9(a)(iii) below.

3
 Note: (i) If turnover of bidder exceeds exemption/threshold limit, the bidder must have GST
Registration as per GST Act and Rules.
ii) During the execution of the contract if the GST status of the bidder changes, then the payment
of GST, if any, to the contractor will be made as per the GST status declared by the bidder during
tender stage based on which cost to company has been ascertained or at actuals, whichever is
lower.

C. Electrical Contractor’s License (if applicable): The bidder should possess a valid Electrical
Contractor’s License issued by Electrical Licensing Board/Authority of any Indian State/Union
Territory.

Note: The category of Electrical Contractor’s License possess by the bidder:………………

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

i). Confirmation regarding possessing of Electrical Contractor’s License issued by Electrical

Licensing Board/Authority of any Indian State/Union Territory, in the form of Yes / No.

Scanned copy of documents to be uploaded by bidder(s) in Cover-I: Valid Electrical

Contractor’s License.

(Please strike out / delete the clause if not applicable)

D. Purchase Preference under ‘Make in India’ Policy for “Local supplier”.

(NOT APPLICABLE FOR TENDER WHERE ESTIMATED COST PUT TO TENDER IS LESS
THAN RS 5.00 LAKHS)
Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable.

In terms with the above said policy, Class-I local suppliers and Class-II local suppliers
shall be eligible to bid. Non-local supplier is not eligible to bid. The purchase preference
shall be given to Class-I local supplier only.

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

4
 Class-I local supplier may be above the L1 for the purpose of purchase preference. The
margin of purchase preference is 20%.

In respect of the above eligibility criteria the bidder is required to furnish the following
information online:
i). Confirmation in the form of Yes/No regarding possessing of required document indicating
percentage of local content as enlisted in NIT.
Note:-
All the Bidders at the time of bidding shall submit self-certification indicating the percentage of
local content in the offered items in Undertaking format at Annexure-XIV. They shall also give
details of the location(s) at which the local value addition is made, if 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.
III. Applicability in tenders where contract is to be awarded to multiple bidders-(Delete if not
necessary)
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:

5
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.

6
 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:
i. 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;
ii. 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);
iii. 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.

7
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.

Note (Not to be part of Tender Document):

The experience criteria for Safety and Production related Works may be decided by
Subsidiary for estimated value of tender below Rs.50 lacs, as communicated vide letter no.
CIL/GM(CMC)/2020/896 dt.22.05.2020.

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 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-II 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-I (Letter of Bid). No recycling will be done for this
document i.e. no further clarification will be sought from bidder.

8
 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.

Sl. Eligibility Criteria Scanned copy of documents to be uploaded by bidders in

No.
Bidder’s space/ My Document
1. Permanent Account PAN card issued by Income Tax department, Govt. of India
Number
(Ref. Clause No.8(A) of NIT)
2. Goods and Services Tax The bidder should possess any one of the following documents
(Not Applicable for depending upon the status w.r.t GST as declared by him in the BOQ
Exempted Services) sheet:
(Ref. Clause No.8(B) of NIT)
i). Status: GST Registered Bidder under Regular Scheme

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

Number) issued by appropriate authority of India.

ii). Status: GST Registered Bidder under Composition scheme

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

Number) issued by appropriate authority of India.

ii).Status: GST Unregistered bidder

Document: A Certificate with UDIN from a practicing Chartered

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

Note: If turnover of bidder exceeds exemption/threshold limit, the

bidder must have GST registration as per GST Act and rules.
3. Legal Status of the Any one of the following document :
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

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

Sl. Eligibility Criteria Scanned copy of documents to be uploaded by bidders in

No
.
support of Information/ declaration furnished online by the
bidder against Eligibility Criteria as Confirmatory Document
1. Electrical Contractor’s Valid Electrical Contractor’s License issued by Electrical Licensing
License (if applicable) Board/ Authority of any Indian state/UT.
(Ref. Clause No.8(C) of NIT)
Note: The category of Electrical Contractor’s License possess by
the bidder:………………….
2. Digital Signature If the bidder himself is the DSC holder bidding on-line then no
Certificate (DSC) 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

9
 3. Undertaking by the bidder Undertaking regarding relatives as employees of the company,
on his/her/their Letter Arbitration clause (in case of partnership firm), Local supplier status of
Head as per Annexure- the Bidder as per clause 8(D) of NIT, declaration w.r.t Make in India
XIV order dated 16.09.2020, Code of Integrity for Public Procurement
(CIPP) and compliance w.r.t procurement from 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 the bidder online against
eligibility criteria may also be attached by the bidder in the same file to be uploaded against respective
eligibility criteria.

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

d. Price bid: The Price bid containing the Bill of Quantity will be in Excel format and will be
downloaded by the bidder and he will quote the rates for all items on this Excel file. Prior to
quoting the rates in the BOQ file, the bidder will select the appropriate status from the following
list given in the BOQ: -
I). GST Registered Bidder under Regular Scheme
II). GST Registered Bidder under Composition Scheme
III). GST Unregistered bidder
The rates quoted by the bidder will be excluding GST & GST Compensation Cess (if applicable)
& BOCW Welfare Cess (if applicable) only and GST & GST Compensation Cess (if applicable)
(to be paid by MCL or by the bidder) & BOCW Welfare Cess (if applicable) will appear as a
separate entity. The GST& GST Compensation Cess (if applicable) will be taken by the system
based on the status of bidder selected by the bidder during bid submission and with the
predefined business logic given in the BOQ file by the department. This file will be digitally
signed and uploaded by the bidder after ascertaining the correctness of facts and figures.

Thereafter, the bidder will upload the same Excel file during bid submission in cover-I. The
Price-bid (excluding GST & GST Compensation Cess (if applicable) & BOCW Welfare Cess (if
applicable)) will be in Item 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 L-1 Bidder & Contract Value Calculation:

The L-1 bidder will be decided based on Overall Quoted Value (i.e. Cost to the Company).

**Case-1: For Supply for which INPUT TAX CREDIT (ITC) is Available to the Company:

For calculation of overall Bid value, the GST and GST Compensation Cess (if applicable)
required to be paid by the Bidder or by MCL, taken by the system will be ignored but BOCW
Welfare Cess (if applicable) 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 excluding GST and GST
Compensation Cess (if applicable) but including BOCW Welfare Cess(if applicable). This value
of the bidder will be “the cost to Company”.

Cost to Company = Quoted Price of the Bidder excluding GST and GST Compensation
Cess (if applicable) + BOCW Welfare Cess (if applicable)

10
 Then GST and GST Compensation Cess (if applicable) required to be deposited by the Bidder
will be added to the overall Bid value to arrive at the Contract 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.

**Case-2: For Supply for which INPUT TAX CREDIT (ITC) is Not Available to the Company:

For calculation of overall Bid value, the GST and GST Compensation Cess (if applicable)
required to be paid by the Bidder or by MCL and BOCW Welfare Cess(if applicable), taken by
the system will be added to the rates quoted by the bidder to decide the L1 i.e the ranking of the
Bidders will be decided based on rates quoted by the bidders plus GST and GST Compensation
Cess (if applicable) and BOCW Welfare Cess(if applicable). This value of the bidder will be “the
Cost to the Company”.

Cost to Company = Quoted Price of the Bidder excluding GST and GST Compensation
Cess (if applicable) + Amount of GST and GST Compensation Cess (if applicable) +
BOCW Welfare Cess (if applicable)

Then GST and GST Compensation Cess (if applicable) to be deposited by MCL will be deducted
from the overall Bid value to arrive at the Contract 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.

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

(**Strike out / Delete the case which ever is not applicable)

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, MCL shall not be liable to the bidders for any direct/indirect loss or damages
incurred by them arising out of incorrect use of the e-tender system or internet connectivity
failures.

12. Opening of Bid:

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

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

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

11
13. Tender Evaluation:

(A) After opening of Bid, the documents submitted by L-1 bidder as enlisted in the NIT will be
downloaded by the evaluator and shall be put up to Tender Committee. The Tender
Committee will examine the uploaded documents against information/declarations furnished
by the L1 bidder online. If the L-1 bidder complies with the eligibility requirement as per NIT,
then the bidder will be considered eligible for award of contract.
.
(B) In case the L-1 bidder fails to comply the eligibility requirement as per NIT, then his bid shall
be rejected and EMD of L-1 bidder will be forfeited. The tender shall be cancelled and re-
tendered.

(C) No recycle of the confirmatory documents will be done.

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

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

(F) It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the
required documents.

(G) 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 MCL.

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

In terms with the above said policy, Class-I local suppliers and Class-II local suppliers
shall be eligible to bid. Non-local supplier is not eligible to bid. The purchase
preference shall be given to Class-I local supplier only.

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

12
 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) 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.
ii) Mahanadi Coalfields Limited may constitute committees with internal and external
experts for independent verification of auditor’s / accountant’s certificates on random
basis and in the case of complaints.
iii) False declarations will attract Guidelines on Debarment of firms from Bidding for a
period up to two year and with process in line with clause 19 of GTC.
iv) 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.

(I) Procurement from Micro and Small Enterprises (MSEs)

(APPLICABLE FOR SERVICES 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

13
 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 Mahanadi
Coalfields Limited 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

14
 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.
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:

15.1 Each Bidder shall submit only one Bid, either individually, or as a proprietor, or as a partner
in a partnership firm or as a partner in a Joint Venture or as a Company registered under
Companies Act. 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:

a. If EMD is paid by the bidder in online mode (Direct Debit/ NEFT/RTGS) then the EMD of
rejected bidders (except the bidders whose EMD is to be forfeited) will be refunded at any
stage directly to the account from where it had been received.

15
 b. No claim from the bidders will be entertained for non-receipt of the refund in any account
other than the one from where the money is received.
c. If the refund of EMD is not received by the bidder in the account from which the EMD has
been paid due to any technical reason then it will be paid through conventional system of
e-payment. For the purpose, if required, Tender Inviting Authority will obtain the Mandate
Form from the bidder.
d. In case the tender is cancelled then EMD of all the participating bidders will be refunded
unless it is forfeited by the department.
e. If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)
then his/her EMD will be refunded automatically after the opening of tender.
f. At the option of bidder, the EMD of successful bidder (on Award of Contract) will be
retained by CIL/ Subsidiary and will be adjusted to Performance Security Deposit.

g. EMD of bidder will not carry any interest during the period of retention in MCL.

17. Site Visit:

17.1 The bidder, at the Bidder’s own responsibilities, cost and risk, is encouraged to visit and
examine the Site of Works and it’s surrounding, approach road, soil condition, investigation
report, existing works, if any, connected to the tendered work, drawings connected to the work, if
/ as available and obtain all 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.

17.2 It shall be deemed that the Bidder has visited the Site/Area and got fully acquainted with
the working conditions and other prevalent conditions and fluctuations thereto whether
he/she/they actually visits the Site /Area or not and has taken all the factors into account while
quoting his/her/their rates.

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

17.4 The Bidder, in preparing the bid, shall rely on the site investigation report referred to in the
bid document (if available), supplemented by any information available to the Bidder.

18. Taxes and Duties:

All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if
applicable) & Building and Other Construction Workers Welfare Cess (if applicable) only) and
other levies, royalty 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 either payable by bidder or by company under
reverse change mechanism & Building and Other Construction Workers Welfare Cess (if
applicable) 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

16
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 & Building and Other Construction Workers Welfare
Cess (if applicable). The payment of GST and GST Compensation Cess by service availer (i.e.
MCL) 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 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 GST unregistered dealer/bidder,
GST, if applicable will be deposited by MCL directly to concerned authorities in terms with GST
provisions.

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

If MCL 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 MCL 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

17
 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 and 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.

21. 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/ Subsidiary prior to expiration of the Bid
validity period. The L-1 bidder will get the information regarding award of work on their
personalised dash-board on-line. On receipt of Letter of Acceptance (LOA)/Work Order of the
tender issued by the Company, the successful tenderer shall execute contract agreement in the
company's prescribed form for the due fulfilment of the contract. 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 and 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.

18
 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:

1) The EMD will be forfeited and

2) The Bidder will be debarred for minimum one year from participating in tenders in MCL.

The bids of all the 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:
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.
iii) The standard operating procedure to handle withdrawal of bid after end date of
submission is 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 Bid:

a. The system of on-line withdrawal is available on the e-procurement portal upto end date of
bid submission, where any bidder can withdraw his/her/their bid which will attract no penal
action from Tender Inviting Authority (TIA) of concerned department.
b. The system of online withdrawal beyond end date of bid submission and till award of
contract is also available but not fully functional and under development stage. Once it is
developed and implemented only online withdrawal shall be considered except for some
exceptional cases as mentioned in clause below.

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 B. Offline Withdrawal of Bid:

a. A partner of bidder (in case of partnership firms) whose DSC is registered on the e-
Procurement portal can access the portal for online withdrawal but when there is a split in
the business relationship, the partners whose DSC is not registered on the portal do not
have the option of online withdrawal of bid. Hence such partners may opt to use offline
method of withdrawal of his/her/their offer (or express his disassociation from the bidder
organization).
b. 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
(Partnership firm) has been submitted by any other partner then also the
confirmation has to be sought from the bidder and if bidder wants to deny the
withdrawal/disassociation from the partnership firm then the bidder shall be required
to furnish a legally acceptable document signed by all the partners of the firm to
substantiate his claim.
b. Whether the withdrawal is due to the reason other than to support any mala fide
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.
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

20
 Specifications, drawings (if any) and any other document uploaded on portal as NIT document
forms an integral part of this NIT and shall also form a part of the contract agreement as per
clause 2 of the ‘General Terms and Conditions’ of ‘Conditions of Contract’.

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. Electrical Contractor’s License (if applicable):

The Electrical contractor’s License of the contractor should be valid throughout the currency of the
contract.

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. 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.

37. 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 tenderers or accept the tender in part and not in its entirety.

38. 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.

39. 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.

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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” means:-
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country;
or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A 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.

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 V. An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor from
a country which shares a land border with India unless such contractor is registered with
the competent Authority.

Note:
1. (a) The intending bidders must submit a certificate in undertaking at Annexure-XIV
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.

40. 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-XI.

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

Tender Inviting Authority

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