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||H,|-|||-442406| - (H||)
|:-07172-237021P 249 P :-07172-237011
OURWEBSITENO:http://westerncoal.nic.in&GovernmentWebsiteNo.http://tenders.gov.in
OUR CST TIN. 27780000004C WEF 01.04.2006, OUR VAT TIN. 27780000004V
WEF 01.04.2006, CONSIGNEE'S CENTRA EXCISE REGISTRATION CODE NO. AAACW1578LEM074,
RANGE-WARORA, DIV.-CHANDRAPUR, COMMISSIONERATE- NAGPUR.
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LIMITEDWITHWEBSITETENDERENOUIRY.
NameofArea WaniArea
NameofSubArea AHO
TenderTitle Procurementof(CAPD)Medicines.
Tenderref.No. wa4350-pur-0280-2011-12
ProductCategory Medicines
TenderValue Rs.254000.00
EMD Rs.5080.00
DocumentCost Rs.Nil
TenderType Buy
FirstAnnouncementDate&Time 13/11/2011
LastDate&TimeofDocumentCollection 15/11/2011TO02/12/2011upto5.30pm.
LastDate&TimeformSubmission 03/12/2011at03.00pm
Date&TimeofopeningofpartI 03/12/2011at04.00pm.
TenderDescription Procurementof(CAPD)Medicines
ContactC.R.Samantray
StaffOfficer(MM)
07172237026
ContactPersonName
Designation
TelephoneNumberwithSTDcode
Prequalification(ifany) --
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(UNDER JURISDICTION OF NAGPUR COURT ONLY)
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(A Subsidiary of Coal India Limited, a Government of India Undertaking)
OURWEBSITENO:http://westerncoal.nic.in&GovernmentWebsiteNo.http://tenders.gov.in
OUR CST TIN. 27780000004C WEF 01.04.2006, OUR VAT TIN. 27780000004V
WEF 01.04.2006, CONSIGNEE'S CENTRA EXCISE REGISTRATION CODE NO. AAACW1578LEM074,
RANG-WARORA, DIV.-CHANDRAPUR, COMMISSIONRATE- NAGPUR.

Tender Ref. No.:-WA4350-Pur-0280/(CAPD)Medicines/2011-12/ DATE:-13/11/2011
Regd. Post / By Hand
M.R. No. dt.
Cost of tender document
Rs. NIL
Earnest Money Deposit (EMD) Rs. 5080.00
Tender Value Rs. 2,54,000.00
To,
Dear Sir,
LIMITED TENDER ENQUIRY (TO BE POSTED IN WEBSITE ALSO).
Sub:-Tender Enquiry in TWO BID System for Procurement of
(CAPD) MEDICINES.
Tenders are invited in duplicate sets complying the requirement for this tender as detailed below to be
submitted in your letterhead neatly printed / typed, duly signed by authorized person with Companys
seal of the tender.
All envelopes containing the tenders shall be properly sealed. Envelopes Stapled shall not be accepted. All
envelops must be superscribed with Tender Number and date of tender opening. The name & address of
the tenderer must also be indicated on each envelope.
SUBMISSION OF TENDER:
IN TWO BID SYSTEM
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03/12/2011
Attime:3.00PM
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03/12/2011
Attime:4.00PM
(Under unforeseen circumstances and if the due date falls on holiday/ rest day, the tender will be received
and opened on the next full working day at the same time. (WEDNESDAY IS OUR WEEKLY OFF DAY).

FAX NO. 07172-237011
PHONE NO: 07172-237021 TO 24
WEB SITE:http://westerncoal.nic.in&
http://tenders.gov.in
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, :-442406H|| ,

ANNEXURE D
Tender Ref. No. wa4350-pur-0280/(CAPD)Medicine/2011-12/ DATE:-13/11/2011
SCHEDULE OF REQUIREMENT AND TECHNICAL SPECIFICATIONS
PROCURMENT OF (CAPD)MEDICINES.
SL NO DESCRIPTION REQD.QTY
01 Inj. CAPD 1.5% (J.Mitra & co.) 360 Bags.
02 Inj. CAPD 2.5% (J.Mitra & co.) 180 Bags
03 Inj. CAPD 4.5% (J.Mitra & co.) 90 Bags.
04 Drainage Bag (J.Mitra & co.) 180 Bags.
05 Mini Cap (J.Mitra & co.) 630 nos.
06 Cap. Synprotik 450 Nos.
07 Inj. Anfoe 4000 IU 24 nos.
08 Inj. Transfer 4000 24 nos.
09 Tab. Sevamer 800 mg. 270 nos.
ITEM SL NO. 1 to 5 shall be of Make of M/S. J.Mitra Industries (P) Ltd, New Delhi whose CAPD
implantation exists with the patient. All the items 1 to 5 shall be procured from the same source, for which
L-1 status shall be worked out taking the prices of all three items together.
OTHER TERMS & CONDITIONS.
1. RATE SHOULD BE F.O.R. OUR AREA HOSPITAL.
2. MAKE SHOULD BE CLEARLY MENTIONED.
3. Lowest Price Certificate stating that the Price quoted are the lowest and same as that applicable to all
Govt. Depts/Undertakings/PSU's including CIL and Or its Subsidiaries must be submitted alongwith
the offer.
4. GUARANTEE / WARRANTY: The minimum shelf life should not be less than of the total
shelf life period of the Drugs & Pharmaceuticals, indicated on the packing from the date of
receipt of material at consignee stores. In the event of any rejection of materials, the same
has to be replaced by the suppliers risk & cost. A certificate for this efect must be enclosed
with the supplies.
5. Authorised Dalership Certificate / distributership Certificate original Or Photo copy (only self
attested) from the manufacturer whose products has be quoted for as the case may be must
be attached with the Technical Bid in support of all the quoted make. For Manufacturers,
manufacturingLilcence/other relevant documents must be submitted alongwitht echnical
bid.
6. EXCISE DUTY:
A) Excise duty if applicable will be payable extra as per prevailing excise rules. Refund / Credit, if any,
obtained shall be passed on to the buyer which shall be certified by the auditor of the supplier.The
rate of ED must be clearly indicated in the offer separately in the unpriced copy of the price bid.
B) In case the price is stated to be inclusive of excise duty, the current rate included in the price must be
indicated and ED element must be separately indicated in the price.
C) If bidder is exempted from paying excise duty, the same must also be confirmed with valid
documentary evidence.
D) If ED is not applicable for the quoted item or not applicable for the tenderer/bidder , the same must also be
confirmed with valid documentary evidence.
E) In case the rate of Excise Duty varies with the turnover of the company, and the price is exclusive of
Excise Duty, and the bidder fails to specify the exact rate applicable in case of turn over exceeds, the
maximum rate currently leviable will be loaded on the price.
Cont. Page-2-
Page-2-
7. SALES TAX:The applicable rate of sales tax must be clearly indicated in the offer/in the unpriced
copy of the price bid.
a) in case Maharashtra VAT is applicable, the applicable rate must be indicated and the price quoted
must be shown exclusive of MVAT.
b) in case CST is applicable (if supplies/billing taken from out side Maharashtra state), the applicable
rate(full rate as well as concessional rate against relevant form C) must be indicated and the
price quoted must be shown exclusive of CST.
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ANNEXURE E
Tender Ref. No. wa4350-pur-0280/(capd)Medicine/2011-12/ DATE:-13/11/2011
Please furnish the technical checklist duly filled in:-

Sl
no.
Description / Clause Bidder to indicate
Yes/No
01 Whether technical specification of quoted
products as per NIT annexure-D including the
item desription indicated therein
02 Whether order copies / copies of the rate
contracts for tendered items has been
submitted as per NIT.
03 Whether warranty / Guarantee clause as per
NIT accepted.
04 Whether the make of Quoted Product clearly
indicated.
05 Whether authorised dealership /distributorship
certificate, as the case may be for the quoted
product from the manufacturer, submitted.
06 In case of Manufacturer, whether
manufacturing Lilcence/other relevant
documents submitted alongwith technical bid.
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Page -2-
Contents of tender documents:
1 Instructions for submission of tender Annexure: A Page-A-1/4 to A-4/4
2 Specific terms & conditions Annexure: AA Page- AA-1/1
3 Commercial terms and conditions vis--vis checklist Annexure: B Page-B-1/4 to B-4/4
4 Blank format of Price Bid Annexure: C Page-C-1/1
5 Technical Specifications & Schedule of Requirement Annexure: D Page-D-1/7 to D-7/7
6 Technical Checklist Annexure- E Page-E-1/1 (Not
7 General Terms and Conditions of supply of stores Annexure- F Page-F-1/8 to F-8/8
IMPORTANT NOTES:
1. Earnest Money / Security Money : (NA).
a) The value of Earnest Money to be deposited by the tenderer should be 2% ( Two Percent)
of the value of estimated cost tendered for or Rs.5080.00 which ever is earlier.
Earnest Money Deposit (EMD) should be in the form of Demand Draft drown in favour of
WESTERN COALFIELDS LIMITED, WANI AREA ACCOUNT payable at
CHANDRAPUR and must accompany the quotation ie PART- A of the bid. For
unsuccessful tenderer, EMD shall be refunded immediately after finalization of the tender.
EMD shall be forfeited if any tenderer withdraw their offer before finalization of the tender
or fails to submit order acceptance within 15 days from the date of order.
b) In case of Security Deposit two weeks time ( 15 days ) shall be given in the order to the
successful tenderer to furnish the security deposit. In case the firm fails to deposit the
security money, the order shall be cancelled and the case shall be processed to order
elsewhere and the firms performance is to be kept recorded for future dealings with them.
The value of Security Money to be deposited by the successful tenderer in the form of Bank
Draft / Bank guarantee of any scheduled bank shall be 10% ( Ten Percent ) of the value
of the awarded contract ( LANDED VALUE ) without having any ceiling.
For successful tenderer, Security Money will be refunded to the firm within 30 days of
satisfactory execution of the contract. For unsatisfactory performance and / or contractual
failure, the security money shall be forfeited.
Security Money may be converted into Performance Bank guarantee ( PBG ) is required.
However, in such case the amount of PBG should not be less than 10% ( Ten Percent ) of
landed value of order.
c) Valid DGS&D / NSIC registered ( for the tendered items ) firm on producing documentary
evidence i.e. self attested and NOTORISED complete photocopy of valid DGS&D / NSIC
registration certificate are exempted from submission of EMD / Security Deposit. However
NSIC registered firms shall be exempted from Security Deposit only up to their monetary
limit, if any, indicated in the registration certificate, the successful tenderer shall have to
furnish the security deposit in the firm of Bank Draft / Bank Guarantee of any scheduled
bank for 10% ( Ten Percent ) of the order value over such monetary limit. DGS & D
registered firm shall be exempted from submission of EMD / Security deposit on the basis of
guideline of DGS&D provided in DGS&D website in this respect.
d) State / Central Govt. organization / PSUs are exempted from submission of EMD / Security
deposit.
e) WCL Ancillaries ( for the tendered items) are exempted from payment of Earnest Money /
Security Deposit.

Cont-3
Page 3-
2. the offers submitted by down loading from WCL Website shall be considered valid only when
accompanied by a Demand Draft drawn in favor of Western Coalfields Limited, wani area
account payable at Chandrapur towards the cost of Tender Document indicated on the covering
page of NIT. The Bank Draft should be enclosed with PART A of the Bid i.e., Techno
Commercial Bid of Tender Documents. In case of non submission of the Tender Fee as detailed
above the tender shall be treated as non-responsive.
NB:
(i) Please note that there is no provision to take out the list of parties downloading the tender
document from the above referred website. As such tenderers are requested to see the web site
once again before due date of tender opening to ensure that they have not missed any
corrigendum again the said tender after downloading the tender document. The responsibility
of downloading the related corrigendum, if any, will be that of the downloading parties.

(ii) No separate intimation in respect of corrigendum will be sent to tenderers who downloaded
the documents from website as information in this respect will be available to website i.e.
http://www.westerncoal.gov.in or http://www.tenders.Gov.in
3. tender documents can also be obtained from the office of the STAFF OFFICER(MM), WANI
AREA, Urjagram, (Tadali), Chandrapur.442406. on payment of the requisit tender fee by way
of crossed Demand Draft drawn in favor of WESTERN COALFIELDS LIMITED, WANI
AREA ACCOUNT, payable at Chandrapur.
Government ( State or Central ) department / undertaking and ancillary of WCL for the
tendered items valid on the date of tender opening canobtain the document free of cost on
production of attested copies of registration certificate.
4. Request for tender documents from outstation firms should bear the tender referance and full
address of the firm and reach at least 15 days prior to the last date of receipt of tender. Issue of
tender document s will be closed ONE (1) day prior to the last date of receipt of tender.
5. The offer should be submitted strictly as per the terms and conditions and procedures laid down
in the tender document failing which the offer is liable for rejection.
6. Normally no technical / commercial clarifications will be sought after opening of tender.
However, deviation if any from the specified technical and commercial terms must be submitted
in a separate sheet in techno-commercial bid. WCL reserves the right to accept or reject such
deviations without further reference to the tenderers. Offers as asked for must be submitted
complete in all respects.
7. The complete offer should be typed in the letter head of the tenderers. ( Hand written quotations
will be summarily rejected ) If firms letter heads are not sufficient to accommodate technical
and pricing details preferably bigger are used, such sheets alongwith other pages of the
offershould be signed and stamped by companys authorized signatory.
All the pages of quotations including all enclosures submitted therein must be dully signed with
seal except printed leaflets / catalogues, failing which the offer shall be liable for rejection.
Quotations, erased and over written shall be summarily rejected, unless authenticated with the
tenderers signature with companys seal.
Cont-4

Page-4-
8. Normally no price negotiations will be conducted. If lowest price received against tender is
un-reasonable, the case may be re-retendered. Therefore, the tenderers must quote their lowest
and least prices and submit the price justification alongwith supporting documents for
reasonableness of quoted Price in the Price Bid.

9. The forwarding letter of the offer must contain the details of the documents enclosed therein.
10. All disputes shall be subject to the jurisdiction of Nagpur Court only.
11. Sample of items wherever necessary should be submitted free of cost along with the quotation
for inspection by this office. Sample must be labeled with the tenderers name, address and this
office enquiry number and due date of opening of the tender.
12. The packing of all the materials quoted shall conform to the requirements of the carriers.
13. Indian Agents commission of overseas supplies shall be payable in Indian Rupies and only to
the agents currently registered with Director General of Supplies & Disposal (DGS&D), New
Delhi as an agent to the foreign supplier quoted for the tender. The copy of valid DGS&D
certificate must be submitted in the techno-commercial bid.
14. Late / Delayed offer:-
a) A tender which has not been received on the due date and time will not be considered.
(No relaxation in this respect will be entertained)
b) Tender sent through telegram, Fax or E-mail will not be considered.

15. NSIC-registration, DGS&D-registration, DGMS approval, BIS certification & other
Statutory documents required as per tender to be submitted with offer should be dully attested by
PUBLIC NOTARY.

Yours Faithfully

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Cont: page 5

Page-5-
Tender Ref. No. wa4350-pur-0280/(CAPD)Medicines/2011-12/ DATE:-13/11/2011
ANNEXURE A
INSTRUCTION FOR SUBMISSION FOR TENDER A-1/4
1.01:ELIGIBILITY CRITERIA : Only MANUFACTURERS of tendered items are to quote. In
case the tenderer is a manufacturer, the full address of works with SCANNED
NOTARISED COPY of their valid registration with NSIC / SSI / DIC / DGS&D /
Registrar of Companies etc in their own name is to be uploaded with the offer.
IN CASE, AS A MATTER OF POLICY, any Manufacturer(s) does not market their
product(s) directly
(A) then such manufacturer(s) may submit their offer alongwith documents for their
being manufacturer , through their Authorised Marketing outlet. In such case
authorization certificate ( duly attested by PUBLIC NOTARY ) valid on due date of tender
opening OR authenticated authority letter (original letter/ scanned copy of original) specifying
the tender reference in the name of tenderer from manufacturer for the tendered items
should be submitted by the tenderer along with the offer, failing which the offer will stand
rejected.
(B) In case of goods of imported origin, authorized Indian Agent of foreign manufacturers
are also authorized to quote along with authenticated authority letter (original/scanned copy
of original specifying the tender reference) in the name of tenderer from foreign
manufacturer / Indian entities of foreign manufactures for the tendered items. In absence
of such authority / reference the offer shall be ignored.
Provenness Criteria :
Vendor must have supplied the tendered item to central govt./state govt.
organizations/central public sector undertakings/CIL or its subsidiaries and
documents such as self attested supply order copies with company's seal for the
tendered item received by them from central govt./state govt organisations/central
public sector undertakings/CIL or its subsidiaries to be submitted along with the
Cover A of the offer.
1.02 Import document to be submitted with each supply for acceptance of supplied spares to WCL.
Refer Annexure B sl no. 12 of Commercial Terms & Conditions vis-a-vise Check List.

1.03 The Tender must indicate INSTALLED and ACTUAL MANUFACTURING capacity of
the manufacturer and quantity of them offered against this tender enquiry with committed
delivery schedule. (NOT APPLICABLE).
1.04 Tenderer must buy the tender documents in their own name. Tender documents are not
transferable.
1.05 Offers from venders who have not purchased / have not been issued tender documents from
this office will be considered as unsolicited and ignored. (Not applicable for tender
document down loaded from WCL Website).
1.06 The offers submitted after downloading from WCL website shall be considered valid
only when accompanied by Bank Draft in favor of WESTERN COALFIELDS
LIMITED, WANI AREA ACCOUNT payable at CHNDRAPUR. Towards the cost
of tender documents indicated on the covering page of NIT. The draft should be enclosed
with PART A of the bid i.e. techno commercial bid of tender documents. In case of non
submission of the tender fee as detailed above, the tender shall be treated as non-responsible.
Cont: page-6-

Page-6-
2.0 PREPARATION OF TENDER DOCUMENTS:
2.0.1 TWO BID SYSTEM:
The tender documents to be prepared in the following manner.
2.0.1.a. Part A (Techno commercial bid ): this part of the offer should contain the
documents and details asked for as under ( in no case should contain / indicated the
offered prices ).
a). Specific Terms & conditions ( Annexure AA )
b). Commercial Terms and conditions vis-a-vise check list(Annexure B )
c). Un-priced Copy of Price Bi in the format( Annexure C )
d). Schedule of Requirement & Technical Specifications (Annexure D )
e). Technical checklist ( Annexure E )
f). General Terms & Conditions of supply of stores ( Annexure F )
2.01.b. Part B Price Bid: This part of the offer should contain price portion in the format
as per annexure F.
NOTE:- For proper Identification both part A and PART B should be kept in separate
sealed envelops and clearly be marked on top of the envelop as mention above i.e. PART
A TECHNO COMMERCIAL BID and PART B- PRICE BID. Both these
envelopes should again be kept in a third sealed envelope.

All envelopes containing the tenders shall be properly sealed. Envelops Stapled shall
not be accepted.
All the envelopes must be sealed and the Tender no. and Due date of opening must be
super-scribed thereupon. The name and address of the tenderer must also be indicated on
each envelope.
IN CASE OF NON-SUBMISSION OF BIDS AS ABOVE, THE TENDER SHALL BE
TREATED AS NON-RESPONSIVE.
3.0 SUBMISSION OF TENDER DOCUMENTS : Tenders prepared as detailed above should be
addressed to
Dy. Chief Materials Manager
Office of the Chief General Manager
WANI AREA
At:- Urjagram
Post- Tadali, dist-Chandrapur. 442 406.
Tenderers may deposited.
a). In person by the tenderer in the Tender Box kept at Materials Management Department, Western
Coalfields Limited, Wani Area, Urjagram (Tadali), Chandrapur. The offer should be put in proper
& correct Tender Box meant for this purpose kept in Material Management Department.
In case the offer is not going in side the Tender Box due to heavy volume, in such
case the offer has to be deposited with Dy. Chief Materials Manager
Or
b). Sent by post / courier to the address.
Cont: page-7-
Page-7-
Western Coalfields Limited, Wani Area however, dose not take any responsibility for loss of tender
in transit. Similarly, claim for receipt of tenders after the due date and time if sent by Post /
courier services will not be accepted. Tenders received after due date and time of submission of
tender will be ignored.
4.0 OTHER INFORMATION / INSTRUCTION .
4.01 OPENING OF TENDERS:.
4.01.a. Part A ( Techno Commercial Bid ) will be opened on specified date and time as given in the
covering page, in presence of the attending tenderers or their authorized representative.
4.01.b. Part B ( Price Bid ) will be opened only of those tenderers whose Part A is found to be
techno-commercially acceptable. Such tenderers will be intimated to attend the opening.
4.2 DISCOUNTS: Rate of Discount if any, applicable (on basic price / landed price / etc ), should be
clearly spelt out both in figures and words. However, no conditional discount will be
considered for the purpose of evaluation of the offer (ranking).
4.3 PURCHASE PREFERANCE: Purchase preference, if applicable, may be allowed to Central Public
sector Undertakings / Govt. Deptt / WCL ancillary Industries, in line with extant Govet. Of India /
Central Vigilance Commission guidelines / procedures / WCL guidelines as applicable.
4.4 BUYERS RIGHT TO DECIDE THE TENDER:- WCL reserves the right to reject or accept or
withdraw the tender in full or part as the case may be without assigning reasons thereof. No dispute of
any king can be against this right of buyer in any court of low or elsewhere.
4.5 DETAILS OF ENCLOSURES: Details of the enclosures should be clearly mentioned in the
forwarding letter of the offer / bid.
4.6 Applicability of Price - FIRM:
i) FIRM PRICE: The prices quoted should be FIRM. In case of placement of order,
prices shall remain unchanged till execution of order, subject to price fall condition.
ii) VARIABLE PRICE: Not applicable.
NOTE:- a) For variable price break up for mechanical and electrical must be given clearly in
the price bid.
b) Against Firm price NIT variable price offered and vice versa are not acceptable
and such offers shall be rejected without notice.
c) Variable price based on formula other than given in NIT shall be rejected without
notice.
4.7. Delivery scheduled: please refer Annexure AA
NOTE:-
Offers from bidders who fail to comply with the above qualification criteria shall be
considered unresponsive.
Cont-page-8-
Page-8-
() Please note that the delivery period shall be reckoned from7
th
(seventh ) day of orderdate.
5.0 Schedulle of Requirement with Description of item: Please refer Annexure - AA
Note:- WCL reserves the right to increase the tendered quantity by up to 20%.
i) Method of arriving at the total composite evaluated price:
Whenever the tenderers mention that taxes and duties are payable extra, the current rate of
taxes and duties as applicable will be added.
Excise duty if applicable will be payable extra as per prevailing excise rules. Refund /
Credit, if any, obtained shall be passed on to the buyer which shall be certified by the
auditorof the supplier.
ii) In case the price is stated to be inclusive of excise duty, the current rate included in
the price must be indicated, if bidder is exempted from paying excise duty, the same
must also be conform with valid documentary evidence.
In case the rate of Excise Duty varies with the turnover of the company, and the price is
exclusive of Excise Duty, and the bidder fails to specify the exact rate applicable, the
maximum rate currently livable will be loaded on the price.
iii) The offers must be on FOR destination basis. However, in case a tenderer dose not
specify the basis of price or quotes on Ex0 Works or FOR Dispatching station basis,
the price will be loaded in the following manner:
a) in case of Ex-works off and if the firm dose not specify the packing and forwarding
charges, 2% of the Ex-Works price will be loaded to arrive at the FOR Dispatching
station price. Insurance charges shall be considered as per the existing transit insurance
contract concluded by WCL.
b) In case of FOR Dispatching station offer, the following percentage shall be added to
arrive at the FOR destination price, as element of estimated freight up to destination.
Approx. distance of dispatching station from
site
% of FOR dispatching station price.
Above 2001 Kms. 5%
1501 to 2000 Kms. 4%
1001 to 1500 Kms. 3%
501 to 1000 Kms. 2%
500 Kms. And above 1%

However, if the firm quotes the exact amount of freight or packing and forwarding charges,
the same shall be added in place of the above percentage amount.
Cont- page-9-
Page-9-
Annexure-AA
SPECIFIC TERMS AND CONDITIONS.
1. PROVENESS CRITERIA : please refer Eligibility Criteria clause 1.01 and Proveness
criteria as per Clause No. 1.03, Annexure A.
2. Delivery Schedule: As and when required basis, by AMO RR
Hospital the requirement being pationt specific.
3. Schedule of Requirement : Please refer Annexure-D.
(Clause No. 5.0, Annexure-A)

4. Guarantee / Warranty: The minimum shelf life should not be less than of the
total shelf life period of the Drugs & Pharmaceuticals, indicated on the packing from
the date of receipt of material at consignee stores. In the event of any rejection of
materials, the same has to be replaced by the suppliers risk & cost. A certificate
for this efect must be enclosed with the supplies.
5. Authorised Dalership Certificate / distributership Certificate, as the case may be, must
be attached with the Technical Bid in support of all the qouted make. For
Manufacturers, manufacturing Lilcence/other relevant documents must be submitted
alongwith technical bid.
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Annexure B.
COMMERCIAL TERMS AND CONDITIONS VIS--VIS CHECK LIST.
( To be submitted in Techno-commercial Bid ( Part A )
B-1/4
Sl. No. EXCEPT 4,8,11,17, 18, & 22 are applicable to this tender.
Non-compliance of these terms and conditions will lead to rejection of the offer.
SL
NO
TERMS AND CONDITIONS Bidder to indicate
acceptance of terms
and conditions as:
1 Status of Tenderer
a. whether manufacturer.
b. Whether Sole Selling agent / authorized dealer / distributor.
(indicate the status)
c. Authority letter in original in case of goods of imported origin as per
clause no. 1.01 (ii) of annexure A
2 Validity:-Offer should be kept valid for 180 days from the date of opening
of tender as specified. Withdrawal of tender within the validity period is
not permitted.
3 Price to be quoted as FIRM and in case of order to remain FIRM till
execution of the order.
4 Variable prices are to be quoted as per clause no. 4.06 b of Annexure
AA.
Not applicable
Cont-page-10-
Page-10-
5 Price should be on FOR destination.
6 Price should be on FOB- port of shipment basis
(in case of import order)
7 Should submit copy of un-price bid as per format ( Annexure C)
without the prices along with PART A of the bid i.e. Techno-
commercial Bid of Tender Documents.
8 Agency commission, if any, payable by WCL is to be specified in price
bid where the tendered item is to be imported ( refer point 13 of
important notes on the NIT forwarding letter.)
Not Applicable
9 Delivery schedule: As per Clause No. 4.07 of Annexure A.
10 Payment terms for indigenous supplies: 100% Payment within 21 days
of receipt and acceptance of material at site or submission of bills
whichever is later.
11 Payment Terms for overseas bidders:
100% payment of FOB prices ( less Indian Agents Commission ) will be
made against presentation of shipping documents through irrevocable
Letter of Credit establishment in favor of the supplier.
Initial bank charges within India towards opening of Letter of Credit shall
be born by WCL.
The Indian Agents commission, if any, will be payable in Indian Rupees
after receipt and clearance of the materials at Kolkata port.
No agency commission will be paid in absence of DGS&D registration as
defined under clause no. 13 o important Note.
In case a confirmed Letter of Credit needs to be established the
confirmation charges will have to be born by the supplier / beneficiary.
The Letter of Credit will be made operative only after receipt and
acceptance of {performance Bank Guarantee, if any.
All bank charges within India and Abroad towards any further extension
and amendment of Letter of Credit will have to be born by the supplier /
beneficiary.
Not Applicable
12 i) Supplier of spares is to be arranged after importing ordered
items in Original Packing:. Original packing would not be
applicable for items which are shipped in open condition in
containers etc.
ii) The following import documents are required to be submitted with
each supply for acceptance of supplied spares to WCL.
a. Self attested copy with original Principal invoice / packing list.
b. Self attested copy with bill Lading / Airway bill.
c. Self attested copy with original bill of entry.
d. As per contractual requirement ( if any) warranty / Guarantee
certificate .
e. Certificate of origin
Cont- page-11-
Page-11-
The supplier shall provide clear linkage of items as per order with
documents furnished under clause )a), (b) and (c) for acceptance of spares
by WCL.
The original documents under (a) and )c) shall be returned after
verification with attested photocopy and making endorsements on original
relating to transaction made.
13 Paying Authority:- The Area Finance Manager ,
Wani Area
Western Coalfields Limited,
At- Urjagram, Post Tadali. Dist- chandrapur.(MS). 442 406
14 Consignee: The Area Medical Officer
RR Hospital, Ghugus.
At & Post:- Ghugus, Tal & Dist:- Chandrapur.(MS)442405
15 Submission of bills: For claiming payment, following documents are to
be submitted along with original bills as per Terms of the supply order to
the consignee.
i. Pre-receipted and stamped invoice (Original Buyers copy of invoice)
ii. Packing list in original list in original giving details of bill of materials
iii. Consignee note /RR/PWD in original.
iv. Warranty / Guarantee certificate.
v. Manufactures test certificate as per supply order terms.
vi. DGMS / BIS / certificate / any other document as per order.
Please indicate your bank Account number and name of Banker while
submitting your bill.
16 Guarantee/ Warranty;- Please refer Annexure- AA.
17 Performance Bank Guarantee: Not Applicable.
18 Pre-dispatch inspection of the ordered materials shall be carried out by
the agency appointed by WCL. Such inspection shall not, in case of any
defect noticed later, entitled you to plead that inspection has been done by
WCL before dispatch and absolve you of the obligation. Necessary tools
and tackles etc to carry out inspection shall be provided by you.
The inspection fee as applicable at the time of inspection (presently
0.38% ) on the landed price inclusive of Excise Duty, Sales Tax shall be
paid by the supplier to the inspecting authority on production of
documentary evidence. Minimum 10 days advance notice shall be given
by manufacturer to the inspecting agency to carry out pre-dispatch
inspection.
Not Applicable.
19 Inspection: Final Inspection shall be carried out by Consignee at site.
20 Liquidated damages.
In the event of failure to execute the contract within the stipulated period
mentioned in the order and in the event of breach of any of the terms and
conditions in the order WCL has the right:-
a. To recover from successful tenderer, as agreed liquidated damages, a
sum not less than 0.5% of the contract value for delay in execution of the
contract beyond the delivery schedule ( for this purpose part of a unit
supplied will not be considered) as aforesaid for each week or part of week
during which the execution may be in arrears limited to 10%.can be
increased to 15% at the discretion of buyer.
Cont- page-12-
Page-12-
b. To purchase from elsewhere, after due notice to the successful tenderer, on the
account and at the risk of the defaulting supplier the stores not supplied or other of a
similar description without canceling the supply order in respect of consignment not
yet due for supply or
c. To cancel the supply order or a portion thereof, and if so desired, to purchase the
store at the risk and cost of the supplier and also
d. To extent the delivery period with or without imposition of Liquidated Damages
as may be considered fit and proper. The penalty if imposed shall not be more than
agreed Liquidated damages referred to clause (a) above.
e. To encase any available Bank Guarantee / security deposit for recover of the
penalty.
f. Whenever under the contract a sum of money is recoverable from and payable by
the supplier, Western Coalfields Limited, shall be entitled to recover such sum by
appropriating, in part of whole by deducting any sum or which at any time thereafter,
may be due to the successful tenderer in this or any other contract, with Western
Coalfields Limited or any of its Subsidiary Company. Should this sum be not
sufficient to cover the full amount recoverable, the successful.
Tenderer shall pay to Western coalfields Limited, on demand the remaining amount.
g. The supplier shall not be entitled to any gain under this clause.
21 Force Majeure condition: If the execution of the contract / supply order is delayed
beyond the period stipulated in the contract supply order as a result of outbreak of
hostilities , declaration of an embargo or blocked or fire, flood, acts of nature or any
other contingency beyond the suppliers control due to act of God then Western
Coalfields Limited may allow such additional time extending the delivery period, as
it considers to be justified by the circumstances of the case an its decision shall be
final. If and when additional time is granted by the Coal India Limited and its
subsidiary companies, the contract / supply order shall be read and understood as if it
had contained from its inception the delivery date as extended.
22 Earnest Money / Security Money:
Please refer sl no. of IMPORTANT NOTES (PAGE-2).
Not
applicab
le.
23

OTHER INFORMATION ( To be indicated )
a. State Sales Tax Registration No.
b. Central sales Tax Registration No.
c. PAN
d. Name, Address, contract person of manufacturer / Exclusive authorized
marketing outlet.
e. Brand name, model,
f. AFTER SALES SERVICE : please indicate Complete address with telephone No,
Fax No. etc.
g. Details of location of works.
h. CEN VAT NO.,
i.Central Excise Code Registration No. Range, Division,Commissionarate & Tin No.
j. In order to facilitate payment to venders by way of electronic Fund Transfer
( EFT ), the following details pertaining to your Bank Account may please be
furnished.

Cont- page-13-
Page-13-
i) Name of the Bank and Branch with Location.
ii) Account Number.
iii) Nature of Account ( Cash, Credit, Current, Saving )
iv) Style of Account.
v) MICR Code of the Branch.
vi) Whether the said branch of the bank is full computerized and has got to
internet banking operational facility.
In case the bank is not having such facility you will have to shift your
account to some other bank where EFT would be possible.
24 WCL reserves the right to increase or decrease by 20% of the tendered
quantity as indicated at Annexure AA.
25 Jurisdiction of NAGUR Court accepted.
26 NSIC-registration, DGS&D-registration, DGMS approval, BIS
certification & other Statutory documents required as per tender
should be dully attested by PUBLIC NOTARY.
27 Please mention Central Excise tariff chaptors and its subheading
Numbers under which the offerred itms fall as per central excise tariff
NOTE:-
1. a) All duties and taxes quoted shall be as legally livable during the contractual delivery period.
j) In case of any tax concession / duty exemption applicable to the tenderer, the same should
be clearly indicated.
k) Check list should be properly filled in. in case particular clause is not applicable to the
bidder the same be marked as Not applicable with reason.
l) Non acceptance of any of the terms and conditions may lead to rejection of offer or the
offer may be treated as un-responsive.
2. WCL avails CENVAT credit for the goods for which the same is available i.e. the materials
used for mining purpose. Tenderers are, therefore advised to quote Excise duty applicable on
the quoted Excise duty applicable on the quoted items separately. While comparison of the
quoted price CENVAT credit shall be taken into consideration and comparision will be made
accordingly.
H| || (P|H| ),| .
ANNEXURE C
NOTE: The Price Bid kept in PART B should be exactly in the following FORMAT:
FORMAT OF PRICE BID
a b c d e f g h i j k L= m N=
l
O= n x d
SL DES UNI T BAS PAC EXCIS
(%age
on)
Sales F Ins Ot La Dis Net Total Price of
tendered
qty.
1
2
3
4
NOTE:-
1. Item Sl NO., description and unit of Measurement should be as per the schedule of
requirement- ANNEXXURE D.
2. (a) FOR INDEGENEUS SITEMS :
The prices must be quoted on FOR Destination. The quotation should indicate rate per unit,
discount, if any, freight and insurance charges shall be indicated separately for each item, otherwise
clause No. 6 of Annexure-A will apply for determining the L-1, L-2 etc. status.
-- Taxes, duties and other charges etc in percentage should be clearly specified ( not in absolute
value)
-- The charges such as octroi, Turn over Tax, Entry Tax etc., if applicable, should be spelt out
separately giving the applicable rate in percentage.
--Sales Tax under column h should indicate Central or State, specifying exempted / NIL / NOT
applicable. If applicable, the full rate as well as concessional rate against concessional form to be
indicated.
--Compliance to Value added Tax ( VAT ), if applicable.
--Nothing extra will be payable over and above the percentage of Excise Duty, Sales Tax, other levies
quoted except on Government notification during the contractual period.
(b) FOR IMPORTED ITEMS.
_The rate shall be normally be quoted on FOB-port of shipment basis and approx. marine
freight and insurance charges shall be indicated separately for each item. The country of origin must
be indicated. Otherwise, clause No. 6of annexure A will apply for determining the L-1, L-2 etc.
status.
_In case offering IMPOTED STORES in Indian Rupees basis, submit a certificate from your
auditor that custom duty is paid as per prevailing custom rate & refund, if any, shall be passed on to
WCL.
3. The tender should indicate the following:-
a). CIF value of the important content, if any, both in Indian Rupees & in the specified foreign
currency indicating the date of application of the exchange rate & date.
b). Rate of Custom duty and CVD on imported component taken for computation of the
prices.
c). Rate of exchange taken for computation of price.
4. Conditional Discount as per clause 4.02 of annexure A shall not be considered.
1. Price-bids are to be neatly typed in the above FORMAT. Handwritten Price-bid are not
acceptable and liable for rejection. Non-compliance of the same may lead to rejection of the
offer without any back referance to the tenderer.
2. The prices offered should be given preferably both in wrds and figures.

ANNEXURE F-
F-1/8
GENERAL TERMS AND CONDITUIONS OF SUPPLY OF STORES.
1. Definition:-
In the interpretation of the Contract and the general and special conditions governing it unless the
context otherwise requires:.
Contract means the invitation of tender, instruction to tenderer acceptance of tender, particulars
and the general and special conditions specified in the acceptance of tender and includes a repeat
order which has been accepted and acted upon by the supplier.
The term SUPPLIER shall mean the person, firm or company with whom the contract is replaced
and shall be deemed to include the supplier in successors 9approved by the Purchaser)
representative, heirs, executors, administrators and printed assignee as the case may be.
CONTRACT PRICE shall mean the sum accepted or the sum calculated in accordance with the
price and / or terms accepted by or on behalf of the purchaser.
The Chairman cum- managing Director means Chairman cum- Managing director of Western
Coalfields Limited, Nagpur.
The term DRAWING shall mean the drawings, the plans specified in or annexed to the schedule of
specification.
The term PURCHASE EXECUTIVE shall mean the purchaser or purchaser named in the
schedule to the tender, his or their successors assignees.
The term INSPECTOR shall mean any person nominated by or on behalf of the purchaser to inspect
supplies, stores or works under the contract or his duly authorized agent.
The term PROGRESS OFFICER shall mean any person nominated by or on behalf of the purchaser
to visit supplier works o ascertain the position of deliveries of stores purchased.
The term MATERIALS shall mean anything used in the manufacture or fabrication of the stores.
The term PARTICULAERS shall mean the following:-
a). Specification.
b). Drawing.
c). Sealed pattern denoting a pattern and signed by the inspector.
d). Certificate or sealed sample denoting a copy of the sealed patter or sample sealed by the
purchaser for guidance of the inspector.
e). Trade pattern denoting a standard of the ISI or other standardizing authority western
Coalfields Limited and / or a general standard of the industry and obtainable in the open
market.
f). Proprietary make denoting the product of an individual manufacturer.
g). Any other details governing the construction, manufacturer and or supply as existing in
the contract.
STORES means the good specified in the supply order or schedule which the contractor has
agreed to supply under contract.
The term TEST shall mean such test or tests as are prescribed by the specification or
considered necessary by the Inspector or any agency acting under direction of the Inspector.
The term SITE shall mean the place or places named in the SUPPLY ORDER or such other
place or places at which any work has to be carried out as may be approved by the
purchaser.
Works denoting the persons shall include any company or association or body of individuals
whether incorporated or not.
WRITING shall include any manuscript, typewritten or printed statement under or over
signature or seal as the case may be.
UNIT & QUALITY means the unit and quantity specified in the schedule.
SUPPLY ORDER or PURCHASE ORDER means an order for supply of stores and includes
an order for perefromance.
Cont-page-16-
Page-16-
2. The delivery of stores shall be deemed to take place on delivery of the stores in accordance with the
term of the contract after approval of stores by the Inspector to:
i). The consignee at his premises or
ii). Where so provided the interim consignee at his premises or
iii). A carrier or other persons named in the contract an interim consignee for the purpose of
transmission to the consignee.
iv). The consignee at the destination station in case of contracts stipulated for deluivery station.
3. Words in the singular include the plural and vice-versa.
4. words denoting the masculine gender shall be taken to include the famine gender and work persons,
shall include any company or association or body of individuals, whether incorporated or not.
5. Terms and expressions not herein defined shall have the meanings assigned to them in the India
Sale of Act 1930 or the India Contract, 1872 or the General Clause Act 1897 and as amended in
respect of all the Acts as the case may be.
6. (a) Parties:-
The Parties to the contract are the supplier and the purchaser named in the schedule or any
other specifically mentioned in the contract.
(b) Address to which communications are to be sent.
For all purposes of the contract, including arbitration there under, the address of the supplier
mentioned in the tender shall be the address to which all communications addressed to the
supplier mentioned I the tender shall be the address to which all communications addressed
to the supplier shall be sent, unless the supplier has notified a change by a separate letter
containing no other communication and sent by registered post acknowledgment due to the
head of the office placing the supply order. The supplier shall be solely responsible for the
consequence of an omission to notify a change in the manner aforesaid.
Any communication or notice on behalf of the purchaser in relation to the contract may be issued to
the supplier by Purchase Executive and all such communications and notices may be served on the
supplier either b registered post or under certificate of posting or by ordinary post or by hand at the
option such executive.
7. i). The price quoted shall be either FOR place or Railway station of dispatch, FOR destination.
Delivery free to the consignee, FOB or CIF as specified in the invitation to the tender. All offers
from countries other than Purchasers country shall be quote on FOB and CIF basis.
ii) In all cases the prices quoted must be net per unit shown in the enquiry and must include all
packing and delivery where applicable. Refunds on account of returnable packages (if any) are to
be separately specified. The price should show separately the Foreign Exchange element and the
Rupee element for stores to be imported. Sales Tax shall be shown separately and whether it is
Sales Tax or Central Sales Tax. If no mention is made about Sales Tax, it will be assumed to be
included in the quoted.
The prices should be included of Excise or Excise duty should be separately mentioned. In case
where price is quoted inclusive of excise duty, the rate of quantum of the same should be separately
indicted. In case of contracts providing for free delivery to the consignee, octroi charges shall be
included where livable
iii). The price must be stated separately for each item on unit basis.
iv). When quotations are made for units other than those specified in the enquiry, the relationships,
should be stated.
Cont-page-17-
Page-17-
v). The prices quoted must be firm and the offers made must remain open for at four months from
the date of submitting quotations unless otherwise specified.
vi). Tender must invariably be submitted along with illustrated literature giving complete and
detailed specifications, particulars etc. of the main unit and of the standard accessories to be
supplied with the stores.
vii). Tender must clearly specify their recommended spares parts that will be supplied along with
the main unit and item wise prices of the spares parts, also what are fast moving, medium moving,
slow moving and insurance spares and the period up to which they are likely to last.
viii). Printed terms & conditions of the tendering firms shall not be considered as forming part of
their tender. In case the terms and conditions of contract applicable to this invitation to tender are
not acceptable to the tendering firms, they should clearly specify deviations there from in their
tender.
ix). Typed quotations should be submitted. Those containing erasures and over-writings are liable
to be rejected. Any corrections made in the tenders must be initiated by the tenderers, failing which
their tenders will not be considered.
x). Insurance arrangement will be made as per instructions being issued from time to time by the
Materials Management Division of Coal India Limited and / or its subsidiary companies.
8. (i). Samples of each item, if considered necessary, should be submitted simultaneously by the
contractor for inspection by inspector / Inspectors unless under tender are of considerable bulk in
which case separate arrangement will be made for inspection of the articles offered while
considering the quotation.
(ii). All samples required for inspection or test shall be supplied by the successful tenderer free of
cost.
(iii). All samples must be clearly labeled with the tenderers name, this offer enquiry number and
the last date of opening of tender.
9. a). Subletting and Assignment
The supplier shall not save with the previous consent in writing of the purchaser, sublet,
transfer, assign the contract or any part thereof or interest therein or benefit or advantage
thereof in a manner whatsoever. Provided nevertheless that any such consent shall not
reliever the supplier from any obligation, duty or responsibility under the contract.
b). Change in firm
Where the supplier is a partnership firm, a new partner shall not be introduced in the firm
except with the previous consent in writing of the purchaser (which may granted only as an
exception ) of a written undertaking by the new partner to perform the contract and accept as
liabilities incurred by the contract prior to the date of such undertaking.
On the death or retirement of any partner of the supplier firm before complete performance
of the contract the purchaser may at his option cancel the contract in such case the supplier
shall have no claim whatsoever for compensation against the purchase.
If the contract is not determined as provided in the sub-clause 1.ii.above notwithstanding the
retirement of a partner from the firm, he shall continue to be liable under the contract for
acts of the firm until a copy of the public notice given by him under Section 32 of the
Partnership Act has been sent by him to the purchaser by registered post acknowledgement
due.
10. (a) Consequence of Breach.
Should the supplier or a partner in the supplier firm commit breach of either of the
conditions (a) or (b) of this sub-clause, it shall be lawful of the purchaser to cancel the
contract and purchase or authorize the purchaser of the stores at the risk and cost of the
supplier and in that event the provisions of clause 20 shall as far applicable shall apply.
Cont-page-18-
Page-18-
(b) The decision of Coal India Ltd. and or its subsidiary companies as to any matter or things
concerning or arising out of this sub-clause or any question whether the supplier or any
partner of the supplier firm has committed a breach of any of the conditions in this sub-
clause contained shall be final and binding on the supplier.

11. Use of raw material secured with Government assistance.
(a) Where any raw material for the execution of the contract is procured with the assistance of
CIL and its subsidiary companies by purchase or under arrangement made or permit, license,
quota certificate or release order issued by or on behalf of or under authority or by any offer
empowered in that behalf by low, or is issued from Government stock and where advance
payments are made to the supplier to unable him to purchase such raw materials for the
execution of the contract, the supplier.
I. Shall hold such material as trusted of Coal India Limited and/or its subsidiary
companies.
II. Shall use such material economically and solely for the purpose of the contract.
III. Shall not dispose of the same without the previous permission in writing of the
purchaser, and
IV. Shall tender due account of such material and return to the purchaser at such place as
the purchaser may direct all surplus or unserviceable material that may be left after
the completion of the contract or its termination for any reason whatsoever. On
returning such material, the supplier shall be entitled to such price thereof as the
purchaser may fix having regarding the condition of such material.
(b) Where the contract is terminated due to any default on the part of the supplier, the supplier
shall pay all transport charges incurred for returning any material up to such destination as
may be determined by CIL and / or its subsidiary companies whose decision shall be final.
(c) If the supplier commits breach of any of the conditions in the clause specified, he shall,
without prejudice to any other liability, penal or otherwise, be liable o account to CIL and or
its subsidiary companies all money, advantages of profits accruing from or which in the
usual course would have accrued to him by reasons of such breach.
(d) Where the stores manufactured or fabricated by the supplier out of the materials arranged or
procured by or on behalf of Coal India Limited and / or its subsidiary companies are rejected
the supplier shall, without prejudice to any other right or remedy of the Government, pay to
the Government on demand the cost price or market value of all such materials whichever is
grater.
12. The tenderers in case of imported items, shall clearly mention in the question that in the event of the
supply order being placed with them, they shall arrange for supply a reasonable period of all
necessary maintenance tools and spares parts that may be required from time to time during
the normal life of the machines, on a continues basis and at a price not in excess of the
landed cost at their premises plus a stated percentage differential ( such a differential should
be indicated) and proper servicing of the main unit supplied by them as and where required.
In case there is a Rate Contract with DGS&D supply by made at the RC rates.
13. The tenderers shall give a warranty of satisfactory performance of the unit offered by them for a
period of 12 months from the date of commissioning or 18 months from the date of receipt
and acceptance by CIL and /or its subsidiary companies. The supplier shall be responsible
for any defects that they develop under the conditions provided for by the contract and under
proper use,
cont.page-19-
page-19-
arising from faulty materials, design or workmanship and shall remedy such defects at this
own cost when called upon to do so. If it becomes necessary for the supplier to replace or
renew any defective portion of the foods, such replacement or renewal should be made by
the supplier without any extra cost to Coal India Limited and / or its subsidiary company.
14. For orders placed directly on overseas suppliers, the tenderers should separately indicate whether
their prices quoted include any commission for the manufacturers agents in India and the
amount of remuneration for the agent included in the quoted price.
Price shall include:
a. The service that will be retendered by them as manufacturers agent.
b. The name and address of agent, if any, in India, and
c. The agency commission or remuneration or freight in case FOR prices are
accepted will be paid in Rupees in India.
15. On acceptance of the tender, a formal acceptance of tender or supply order will invariably be used.
Advance intimation in writing of acceptance of the tender will be given whenever
considered necessary by the said authority. In case an advance intimation has been given,
the formal acceptance of tender of supply order shall follow in due course, but immediate
action towards execution of supply order shall be taken on receipt of the advance intimation.
16. Earnest Money / Security Money.
a). The value of Earnest Money to be deposited by the tenderer should be 2%(two Percent ) of the
value of the estimated cost tendered for or Rs. 10,00,000/- (rupees ten Lakhs ) whichever is
lower.
Earnest Money Deposit (EMD) should be in the form of Demand Draft drawn I favour of Western
Coalfields Limited Wani Area Account, payable at Chandrapur. And must accompany the
quotation ie. PART A of the Bid. For unsuccessful tenderer, EMD shall be refunded
immediately after finalization of the tender. EMD shall be forfeited if any tenderer
withdraw their offer before finalization of the tender or fails to submit order acceptance
within 15 days from the date of order.
b). In case of Security Deposit, two weeks time ( 15 days) shall be given in the order to the
successful tenderer to furnish the security deposit, in case the firm fails to deposit the
money, the order shall be cancelled and the case shall be processed to order elsewhere and
the firms performance is to be kept recorded for future dealings with them.
The value of Security Money to be deposited by the successful tenderer in the form of Bank Draft /
Bank Guarantee of any scheduled bank shall be 10% ( ten percent ) of the value of the
contract ( LANDED VALUE ) without having any ceiling.
For successful tenderer, Security Money will be refunded to the firm within 30 days of satisfactory
execution of contract. For unsatisfactory performance and / or contractual failure, the
security money shall be forfeited.
Cont page-20-
Page-20-
Security Money may be converted into Performance Bank Guarantee ( PBG ) wherever PBG
required. However, in such case the amount of PBG should not be less than 10% (Ten
percent ) of landed value of order.
c). Valid DGS&D / NSIC registered ( for the tendered items ) firms on producing
documentary evidence i.e. self attested and NOTARISED complete photocopy of valid
DGS&D / NSIC registration certificate are exempted from submission of EMD / Security
Deposit. However, NSIC registered firms shall be exempted from Security Deposit only up
their monetary limit, if any, indicated in the registration certificate. In case value of order
placed is above such monetary limit indicated in the registration certificate, the successful
tenderer have to furnish the security deposit in the form of Bank Draft / Bank guarantee of
any schedule bank for 10% of the order value over such monetary limit. DGS&D registered
firm shall be exempted from submission of EMD / Security Deposit on the basis of
guidelines of DGS&D provided in DGS&D websit in this respect.
d). State / Central Govt. organization / PSUs are exempted from submission of EMD /
Security deposit.
e). WCL Ancillaries ( for the tendered items ) are exempted from payment of Earnest
Money / Security Deposit.
f). For procurement value less than Rs. 1,00,000/- no earnest money / security deposit will
be required.
17. Inspection and Rejection. Generally the stores shall be of the best quality and workmanship and
comply with the contract or supply order in all respect. The stores supplied shall be in
accordance with specification unless any deviation is authorized and specified in the
contract or supply order or any amendment thereof.
a). Facilities for Test & Examination.
The supplier shall, at his own expenses, afford to the inspector all responsible facilities and
such accommodation as may be necessary for satisfying it, that the stores are being and / or
have been manufactured in accordance with particulars. The Inspector shall have full and
free access at any time during the execution of the contract to the suppliers work for the
purpose aforesaid, and he may require the supplier.
b). Cost of Test
The supplier shall provide without any extra charges, all materials, tools, labor and
assistance of every kind which the inspector may demand from him for any test, and
examination, other than special or independent test, which he shall require to be made on the
suppliers premises and the supplier shall bear and pay all costs attendant thereon. If the
supplier fails to comply with the conditions aforesaid, the inspector shall in consultation
with the purchaser, be entitled to remove for test and examination all or any of the stores
manufactured by the supplier to any premises other than his (suppliers) and in all such cases
the supplier bear the cost of transport and or carrying out such tests elsewhere. A certificate
in writing of the inspector that the supplier has failed to provide the facilities and the means,
for test and examination shall be final.
Cont page-21-
Page-21-
c). Delivery of Store for Test.
The supplier shall also provide and deliver the test free of charge, at such place other than
his premises as the Inspector may specify, such materials or stores as he may require.
d). Liability for Costs of Laboratory test.
In the event of
Rejection of stores or any part thereof by the inspector in consequence of the sample thereof,
which removed to the laboratory or other place of test, being found on test to be not in
conformity with the contract or in the event of the failure of the supplier for any reason to
delivery the stores passed on test within the stipulated period, the supplier shall, on demand
pay to the purchaser all costs incurred in the inspection and / or test cost of the test shall be
assessed at the rate charged by the laboratory to provide persons for similar work.
e). Method of Testing.
The inspector shall have the right to put all the stores or materials forming part of the same
or any part thereof to such tests as he may think fir and proper. The supplier shall not be
entitled to object on any ground whatsoever to the method of testing adopted by the
Inspector.
f). Stores Expended in test.
Unless otherwise provided for in the contract, all stores / materials expended in test will be
to suppliers account.
g). Inspector Final Authority and to Certify Performance.
(i). The Inspector shall have the power.
before any stores or part thereof are submitted for inspection to certify that they can not be
in accordance with the contract woing to the adoption of any unsatisfactory method
manufacturer.
(ii) To reject nay stores submitted as not being in accordance with the particulars.
(iii) To reject the whole of the installment tendered for inspection, if after inspection of such
portion thereof as he may in his discretion think fit, he satisfied that the same is
unsatisfactory; and
(iii) To mark the rejected stores with a rejection mark so that they may be easily identified if
re-submitted.
(h). Consequence of Rejection. If on the stores being rejected by the Inspector or
consignee at the destination, the supplier fails to make satisfactory supplies within the
stipulated period of delivery, the purchaser shall be at liberty to.
(i) Allow the supplier to resubmit the stores, in replacement of those rejected, within a
specified time the suppliers bearing the cost of freight, if any, on such replacement
without being entitled to any extra payment on the account: or
Cont-page-22-
Page-22-
(ii). Purchase or authorize the purchase of quantity of the stores rejected or so others of a
similar description (when stores exactly complying with particulars opinion of the purchase
executive which shall be final, readily available) without notice to the suppliers liability as
regards the supply of any further installment due under the contract: or
(iii). Cancel the contract and purchase or authorize the purchase of the stores or
others of a similar description (when stores exactly complying with particulars are
not in the opinion of the purchaser, which shall be final readily available) at the risk
and cost of the supplier, in the event of action being taken under sub-clause (ii)
above or this sub-clause in the provision of clause 20 shall apply as for as
applicable.
(I) Inspectors Decision as to Rejection Final.
The Inspectors decision as regards the rejection shall be final and binding on the
supplier.
(J). Where under a contract, the price payable is fixed on FOR station of dispatch
basis, the supplier shall, if the stores are rejected at destination by the consignee, be
liable in addition to other liabilities to reimburse to the purchaser the freight paid
by the purchaser.
(K). Notification of result of Inspection.
Unless otherwise provided in the specification or schedule, the examination of the
stores will be made as soon as practicable after the same have been submitted for
inspection and the result of the examination shall be notified to the supplier.
(L) Marking of Stores.
The supplier shall if so required, at his own expense mark of permit the Inspector to
mark all the approved stores with a recognized Government or purchasers mark.
The stores which can not be so marked shall, if so required by the Inspector, be
packed in suitable package or cases each of which shall be sealed and marked with
such mark.
(M) Removal of Rejection.
i) Any stores submitted for inspection at a place other than the premises of the
supplier and rejected shall be removed by the supplier subject as hereinafter
provided within 14 days of the date of receipt of intimation of such rejection. If it
is proved that letter containing intimation is addressed and posted to him at the
address mentioned in the schedule, it will be deemed to have been served on the
supplier at the time when such letter would in the course of ordinary post reach the
supplier. It shall be competent for the Inspector to call upon the supplier to remove
what he considers to be dangerous, infected or perishable stores within 48 hours of
the receipt of such intimation.
ii) Such rejected stores shall under all circumstances lie at the risk of the
supplier for the moment such rejection and if such stores are not removed by
the supplier within the period aforementioned, the Inspector/Purchaser may
either return the
Cont page-23-
Page-23-
same to the supplier at his risk and cost a public tariff rate by such mode of
transport as the purchaser or Inspector may select, or dispose of such stores at the
suppliers risk on his account and retain in such portion of the proceed as may be
necessary to cover any expense incurred in connection with such disposal. The
purchaser shall also be entitle to recover handling and stores charges for the period
during which the rejected stores are not removed.
Inspection Notes.
On the stores being fund acceptable by the Inspector, he shall furnish the supplier
with necessary copies of inspection note duly completed, for being attached to the
suppliers bill thereof.
18. Packing and Transport.
(a). It shall be responsibility of the successful tenderers to arrange for the stores
being sufficiently and properly packed for transport by Rail, Road or Sea as
the case may be so as to their being free from loss or injury on arrival at
destination. The packing of the stores shall be done at the expense of the
successful tenderer.
(b). The successful tenderer is responsible for obtaining a clear receipt from the
transport authorities specifying the goods dispatched. He will not book an
consignment on a said to contain: basis. If he dose so, he dose it on his
own responsibility. Western Coalfields Limited shall pay for only such
stores as are actually received by them in accordance with the contract.
(c). All packing cases, containers, packing and other similar materials shall be
supplied free by the successful tenderer and shall not be returned unless
otherwise specified in the contract / supply order.
(d). Packages must be so marked that identification is made easy. Packages will
be stamped with identification marks both outside the packages as well as on
the contents inside. Packages containing articles liable to be broken by
rough handling like glass or machinery made of cost iron will be marked
with cautionary works like Fragile, Handle with care. Weight of each
packages will be marked on the package.
(e). A complete list of contents in each package called the packing list will be
prepared and one copy will be packed in the package itself and another copy
will be forwarded to the consignee in advance.
19. Delivery: The time for and the date of delivery of the stores stipulated in the
Purchase order shall be deemed to be the essence of the contract and delivery of the
stores must be completed by the date specified.
20. Liquidated Damages: In the event of failure to deliver the stores within the
stipulated date/ period in accordance with the samples and /or specifications mentioned in
the supply order and in the event of breach of any terms and conditions mentioned in the
supply order, Coal India Limited and/or its subsidiary Companies should have the right
Cont-page-24-
Page-24-
a). To recover from successful tenderer, as agreed liquidated damages, a sum not less
than 0.5% of the price of the store which successful tenderer has not been able to
supply (for this purpose part of a unit supplied will not be considered) as aforesaid
for each week or part of a week during which the delivery of such stores may be in
arrears limited to 10%. Where felt necessary the limit of 10% can be increased to
10% at the discretion of head of the Materials Management Division.
b). To purchase from elsewhere, after due notice to the successful tederer, on the
account and at the risk of the defaulting supplier the stores or others of a similar
description without canceling the supply order in respect of consignment not yet
due for supply or
c) To cancel the supply order or a portion thereof, and if so desired, to purchase the
store at the risk and cost of the defaulting supplier and also
d) To extent the delivery period with or without imposition of Liquidated Damages as
may be considered fit and proper. The penalty if imposed shall not be more than
the agreed liquidated damages referred to clause(a) above.
e) To profit security deposit in full or part.
f). Whenever under the contract a sum of money from and payable by the supplier,
Western Coalfields Limited, shall be entitled to recover such sum by appropriating,
in part or in whole by deducting any sum or which at any time thereafter, may
become due to the successful tenderer in this or any other contract, with Western
Coalfields Limited. Should this sum be not sufficient to cover the full amount
recoverable, the successful tenderer shall pay to western Coalfields Limited, on
demand the balance. The supplier shall not be entitled to any gain on any such
purpose.
21. Force major Condition: If the execution of the contract / supply order is delayed beyond
the period stipulated in the contract / supply order as a result of outbreak of
hostilities, declaration of any embargo or blockage, or fire, flood, acts of nature or
any other contingency beyond the suppliers control due to act of God then CIL or
its subsidiary Companies may allow such additional time by extending the delivery
period, as it considers to be justified by the circumstances of the case and its
decision shall be final. If and when additional time is granted by the CIL an its
subsidiary companies, the contract / supply order shall be read and understood as if
it had contained from its inception the delivery date as extended.
22. Inspection: The supply shall allow reasonable facilities and free access to his works and
records to the inspector, Progress officer of such other Officer nominated for the
purpose. Inspector of stores, i.e. supplies made by the successful tenderer against
the supply order mentioned at (15) above, above, shall be carried out by the
Inspector / Consignee at the colliery site / stores or by the Inspecting Wings
(inclusive of all its branch officers) of the DGS&D, New Delhi or any other agency
as may be specified in the supply order. Where necessary, inspection may be
carried out at the suppliers premises.
23. Coal India Limited / or its subsidiary companies do not bind itself to accept the lowest
or any tender and reserves to itself the right of accepting the whole or any part of
the
Cont-page-25-
Page-25-
tender or portion of the quantity offered and the tenderer.
24. The supplier shall at all times indemnify CIL and its subsidiary companies against all
claims which may be made in respect of the supplies for infringement of any right
protected by patent, Registration of Design, or Trade Mark provided that in the
event of any claim in respect of alleged breach of Letter Patent, Registered design,
or Trade Mark being made against CIL and / or its subsidiary companies, the said
authority shall notify the supplier of the same and the supplier shall be at liberty at
his own expense to settle any dispute or to conduct any litigation that may rise there
from.
25. Carrying vessels for imported items.

In case of machinery imported from abroad, it is preferable that shipment should be
affected in Indian Vessels, wherever possible. Supplies will however not be
delayed on this account..
26. Freight:
The stores shall be dispatched at Public tariff rates in the case of FOR station of
dispatch contract and the stores shall be booked at full wagon rates whenever
available and by the most economical route or by the most economical tariff
available at the time of dispatch as the case may be. Failure to do so will render the
supplier liable for any avoidable expenditure causes to the purchaser.
When alternative routs exist, CIL and or its subsidiary companies shall, if called
upon also to do indicate the most economical rout available or name the authority
whose advice in the mater should be taken and acted upon. If any advice of such
authority is sought his decision or advice in the mater shall be final and binding on
the supplier.
27. Passing of Property:
Property in the stores shall not pass to the purchaser unless and until the store have
been delivered to the consignee or interim consignee as the case may be in terms of
the contract.
28. Laws Governing the Contract.
a). This contract shall be governed by the Laws of India for the time being in
force.
b). Irrespective of the place of delivery, the place of performance of place of
payment under the contract, the contract shall be deemed to have been made
at the please from which the acceptance of tender or supply order has been
issued.
c). Jurisdiction of Courts
The courts of the place from the acceptance of tender has been issued shall
alone have jurisdiction to decide any dispute arising out of or in respect of
the contract.
d). Marking of Stores.
The marking of the stores must comply with the requirement of the low
relating to merchandise marks for the time being in force in India.
29. Corrupt Practices.
a). The supplier shall not offer or give or agree to give to any person in the
employment of the purchaser or working under the orders of Coal India Ltd., and /
or its
cont-page-26-
page-26-
subsidiary companies any gift or consideration of any kind as an inducement or
reward for going or forbearing to do or for having done or forborne to do any act in
relating to the obtaining or execution of the contract or any other contract with the
purchaser or for showing or forbearing to show favor or disfavor to any person in
relation to the contract or any other with the Purchaser. Any breach of the aforesaid
condition by the supplier or any one employed by him or acting on his behalf
( whether with or without the knowledge of the supplier ) or the Commission of any
offence by the supplier or by any one employed by him or action on the behalf
under Chapter IX of the Indian Panel Code, 1860 or the Prevention Act, 1947 and
any amendments thereto or any other Act enacted for the prevention of corruption
by Public Servant shall entitle Coal India ltd., and or its subsidiary companies to
cancel the contract and all or any other contract with the supplier and to recover
from the supplier the amount of any loss arising from such cancellation in
accordance with the provision of Clause 20.
b). Any dispute or difference in respect of either the interpretation effect or
application of the above condition or of the amount recoverable, the re-under by the
purchaser from the supplier shall be decided by Coal India Limited and its
subsidiary companies whose decision shall be final and binding on the supplier.
30. Insolvency and Breach of Contract.
a). Coal India Limited an or its subsidiary companies may at any time by notice
in writing, similarly determine the contract without compensation to the supplier
in any of the following events that is to say-
If the supplier being an individual or of a firm any partner thereof shall at
any time be adjusted insolvent or shall have a receiving order or order of
administration of his estate made again him or shall take any proceeding for
composition under any Insolvency Act for the time being in force or make an
conveyance or assignment of his effect or enter into any arrangement or
composition with his creditors or suspend payment or if the firm be dissolve under
the Partnership Act.
b). If the supplier being a company is would up voluntarily by the order of a
court or a receiver, Liquidating manager on behalf of the Debenture-Holders is
appointed or circumstances shall have arisen which entitles the court or Debenture-
Holder to appoint a Receiver, Liquidator or Manager.
c). If the supplier commits any breach of the contract not herein specifically
provided for - Provided always that such determination shall not prejudice any
right of action or remedy which shall have accrued or shall accrue thereafter to the
purchaser and provided also the supplier shall be liable to pay to the extra
expenditure he is thereby put to and the supplier shall under no circumstances be
entitled to any gain on repurchase.
31. Terms of Payment:
a). For all stores, 100% payment should be made on receipt of the consignment
of the consignment at site and acceptance by the consignee as per actual payment
term stipulated in the contract. The number and date of Railway receipt, Bill of
Loading, Air Way Bill or Consignment Note under which the goods charged for in
the bill are dispatched by Railway, ship, Air or Road respectively, and the number
and date of the letter with which such Railway Receipt, Bill Lading, Air Way Bill
or Consignment Note is forwarded to the consignee should on bill. In the case of
stores dispatched by post, the postal receipt should be attached in original to the bill
and date quoted therein.
Cont-page-27-
Page-27-
b). Payment against the supply order placed either by the Subsidiary Company
by
CIL shall be arranged by the subsidiary companies, if not specified otherwise.
Wherever order is placed by CIL on any foreign supplier involving requirement of
more than on subsidiary co., payment shall be arranged by CIL normally through
Letter of credit.
c). Payment of Agency Commission, if any, involved, may be considered in case
of necessity, subject to compliance of the Government of India Guidelines issued
from time to time. The name of the Indian Agent with their full address and the
quantum of Agency Commission, if any payable, shall have to be mentioned in the
supply order itself.
d). Payment from CIL may also be considered, if felt necessary, by the CIL
Management, even though order is placed against the requirement of one subsidiary
company by CIL
e). Specific payment term may be formulated in accordance with the provision
laid down 9as applicable) at chapter IX of the Purchase Manual.
32. Progress Report.
a). The supplier shall fro time to time tender such reports concerning the
progress of the contract and or supplier of the stores in such form as may be
required.
b. The submission, receipt and acceptance of such reports shall not prejudice
the right of the purchaser under the contract, nor shall operate an estoppels against
the purchaser merely by reason of the fact that he has not taken notice of or object
to any information contained in such report.
33. All disputes arising out of this contract shall be under the jurisdiction of Nagpur
court only and as per the law of the land.
-------------------------------------------------------------------------------------------------------------------
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STAFF OFFICER(MM), WA
ADDENDUM
The following modifications are made in the existing NIT in vogue.
(A). Clause No. 7 of Important Notes of NIT.
The complete offer should be typed in the letter head of the tenderers (Handwritten
quotations will be summarily rejected). If firms letter heads are not sufficient to
accommodate technical and pricing details, preferably bigger papers may be used. Such
sheet should bear the name and address of the company.
SIGNING OF ALL PAGES OF TENDER:
Part 1 ( Techno commercial bid): Tenderers must sign with companys seal on all pages of
their tender, including overleaf and all enclosures submitted with the tenders except
printed leaflets/catalogues.
Part II ( Price Bid): Part II of offers i.e. Price Bid received without signature and
companys seal on all pages shall be rejected.
In Single tender system, the provision at Part-II shall apply.
Quotation erased and overwritten shall be summarily rejected, unless authenticated with
the tenders signature with companys seal.
(B) Clause 13: Indian agents Commission of overseas supplies shall be payable in Indian
Rupees subject to the following:
(a). Indian agent of Foreign Principal will have to submit copy of the agency agreement (duly
notarized), if any, with foreign principal stating precise relationship between them and their
mutual interest in the business.
(b). In case tendered items falls under the restricted list of current import of Govt. of
India, tenderer will have to submit notarized copy of its registration with Director General
of Supplies & disposal (DGS&D), New Delhi under Compulsory Registration of Ministry of
Finance.
(c). Foreign Principals proforma invoice or any other authentic documents indicating the
commission payable to the Indian Agent, nature of service to be rendered by the Indian
Agent etc., will have to be submitted (dully notarized).
(C). Clause 6 (v) of Annexure A relating imported stores other than direct import by WCL
will stand deleted.
(D). The modified Annexure C is enclosed.
AnnexureC
Note: The Price Bid kept in PART B should be exactly in the following FORMAT.
FORMAT OF PRICE BID
a b c d e f g h i j k L=
e
to
k
m N=
l-m
O=
n x d
Sl
n
o
desc
ripti
on
Un
it
of
me
as
ur
em
en
t
Tender
ed
quantit
y
Basic
Price
Ex-
Works
(per
unit)
Packi
ng &
forwa
rding
Excise
Duty
(%age
) on
Sal
es
Tax
(%
age
) on
Fr
ei
gh
t
In
su
ra
nc
e
Oth
er
levi
es
(det
ails)
La
nd
ed
co
st
Di
sc
ou
nt,
if
an
y
on)
Net
Lan
ded
Cos
t
Aft
er
disc
oun
t
Total
Price
of
tende
red
quant
ity
1
2
NOTE:-
1. Item Sl No., Description and Unit of Measurement should be as per the schedule of
requirement
Annexure D.
2.(a) FOR INDIGENOUS ITEMS:
The prices must be quoted on FOR destination. The quotation should indicate rate per
unit, discount, if any, freight and insurance charges shall be indicated separately for
each item, otherwise clause No. 6 of annexure A will apply for determining the L-1, L-
2 etc., status.
- Taxes, duties and other charges etc in percentage should be clearly specified (not in
absolute value).
- The charges such as Octroi, Turn over Tax, Entry Tax etc., if applicable, should be
spelt out separately giving the applicable rate in percentage.
- Sales Tax under column h should indicate Central or State, specifying exempted /
NIL / Not applicable. If applicable, the full rate as well as concessional rate against
concessonal form to be indicated.
- Compliance to Value Addede Tax(VAT), if applicable.
- Nothing extra will be payable over and above the percentage of Excise Duty, Sales
Tax, other levies quoted except o Government notification during the contractual
period.
(b) FOR IMPORTED ITEMS:
- The rates shall be normally be quoted on FOB port of shipment basis and
approximate marine freight and insurance charges shall be indicated separately for
each time. The country of origin must be indicated. Otherwise, clause No. 6 of
Annexure A will apply for determining the L-1, L-2 etc., status.
3. The tenderer should indicate the following:

(a). CIF value of the imported content, if any, both in Indian Rupees & in the
specified foreign currency indicating the date of application of the exchange rate &
date.
(b). Rate of Custom Duty and CVD on imported component taken for computation of
the prices.
( c). Rate of exchange taken for computation of prices.
4. Conditional discount as per clause 4.02 of Annexure A shall not be considered.
5. The prices offered should be given preferably both in words and
figure.
H| || (P|H| ),| .