Northern Coalfields Limited

(A Mini Ratna Company)

Materials Management Department
P.O. Singrauli Colliery, Distt. Singrauli, MP- 486889
Corporate Identification No.U10102MP1985GOI003160
Tel: 07805 – 266481, Fax: 07805 – 266388
Website: www.nclcil.in

Ref. No.: NCL/SGR/MMD/SKA/High Mast Tower/21707066/55 Date: 29-08-2017

Notice Inviting Tender (through e-PROCUREMENT Channel)

Open Domestic Tender

Supply of High Mast Lighting Towers

Tenders are invited through on-line bidding process on the website

https://coalindiatenders.nic.in from the eligible bidders. For bidding online, the
bidders must possess Class-2 or Class-3 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 tender document is also available on website
https://eprocure.gov.in and NCL website www.nclcil.in for download by the
prospective bidders free of cost. There will be no sale/ distribution of Hard
Copy of the Tender Document

Brief details of the Tender are as under:

Estimated Value Earnest Money
Item
of Tender Deposit
Description
(Rs.) (Rs.)
High Mast Lighting Towers (As per details
given in Technical Specifications & 60.63 Lakhs 1,21,260.00
Schedule of Requirement -Annexure -B)

All bids are to be submitted on-line on E Procurement portal of Coal India Ltd
website https://coalindiatenders.nic.in. No Offline-Bids will be accepted.
‘Earnest Money Deposit’ is to be submitted online through payment gateway
provided at NIC Portal during online submission of bid. Overseas Bidders have
the option to submit the EMD through direct remittance as detailed under the
EMD clause of NIT.

Before starting the bidding process, bidders are advised to carefully read
‘Instructions to the Contractors/Bidders for the e-submission of the bids online
through this e-Procurement Portal’ i.e. https://coalindiatenders.nic.in available
under the link ‘Help for Bidders’ and any other guidelines available at bidding
portal https://coalindiatenders.nic.in.
Time Schedule of Tender:

Sl. No. Particulars Date Time

a. Tender Publishing date 07-09-2017 18:00 Hr.
b. Document download start date 08-09-2017 10:00 Hr.
c. Seek Clarification start date 08-09-2017 10:00 Hr.
d. Seek Clarification end date 14-09-2017 17.00 Hr.
e. Bid Submission start date 08-09-2017 10:00 Hr.
f. Bid submission closing date 29-09-2017 13:00 Hr.
g. Last date of receipt of EMD in on-line payment. Same as (f) above
h. Bid Opening date 03-10-2017 11:00 Hr.

Note:
In case 3 Bids are not received within the originally stipulated time, the
due date of tender shall be extended by 02 days and thereafter by 05
days automatically by the system.
Even after granting two extensions, less than 3 Bids are received, tender
shall be considered for opening.
If due to unavoidable / unforeseen circumstances and also if bid
opening date falls on a Holiday/Sunday, the online bid will be opened on
the next working day at the same time.

Requirements for vendors to quote:

A) P.C. connected with internet.
B) Registration with Service provider portal https://coalindiatenders.nic.in
C) The vendor should possess a Class-II or Class III Digital Signature
certificate
(Mandatory). (Bids will not be recorded without Digital Signature Certificate.)
D) In case of any difficulties in online submission of the bid please contact to
M/s NIC, before the schedule time of the submission of bid.

E) Registration / Enrolment of Bidder on e- procurement Portal of CIL: In order

to submit the bid, the bidders have to get themselves registered online on the
eProcurement portal of CIL with valid Digital Signature Certificate (DSC )
issued from any agency authorized by CCA and which can be traced upto 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 the bidder, whereas DSC holder may be
either bidder himself or his duly authorized person.

a. For registration, Submission procedure and method of correspondence etc.

Please visit our website: https://coalindiatenders.nic.in and click on the
relevant link for help.

b. To obtain the Class III digital signature certificate or further details please visit
our website: https://coalindiatenders.nic.in or you may also Contact:
Shri Ashish Gautam, Mob. No.:- 07828729987 OR on NIC Toll free telephone no
: 1800-233-7312
3.1.3 Help for participating in e-tender:
The detailed method for participating in the e-procurement are available in the
website: https://coalindiatenders.nic.in .The bidders have to Log on to official
website and then
Click on the specified links to start participating in the e-procurement process.

Bidders are also free to communicate with the contact person of the service provider
to
get all clarifications regarding the mode of the e-procurement process.

NB : (I) Please note that there is no provision to take out the list of parties
downloading the tender document from the above referred web site . As such,
tenderers are requested to see the website once again before due date of
tender
Opening to ensure that they have not missed any corrigendum uploaded
against the said tender after downloading the tender document. The
responsibility of downloading the related corrigenda, if any, will be that of the
downloading parties.
(II) No separate intimation in respect of corrigendum to this NIT( if any ) will be
sent to tenderers who have downloaded the documents from website. Please
see websites i.e. www.nclcil.in, https://eprocure.gov.in or
https://coalindiatenders.nic.in

F) The offer should be submitted (uploaded) strictly as per the terms and conditions
and
Procedures laid down in the website https://coalindiatenders.nic.in/ tender document
failing which the offer is liable for rejection. Bidders should download the complete
NIT including the Annexures and read carefully before filling the details and
uploading the documents.
G) The offers with any deviations to the NIT Terms and conditions shall be liable for
rejection.
H) The bidder must upload all the documents required as per the terms of NIT. Any
other document uploaded which is not required as per the terms of the NIT shall not
be considered.

I) It may please be noted that E-tendering or e-procurement fall under the purview of
the
Information Technology Act 2000 and Information Technology (Amendment) Act
2008 and other relevant acts and subsequent amendments if any

J) There will be no physical sale of the tender documents.

II-1 SUBMISSION OF BID

a. In order to submit the Bid, the bidders have to get themselves registered online on
the e-Procurement portal (https://Coalindiatenders.nic.in) with valid Digital
Signature Certificate (DSC) as indicated above.

b. The bidders have to accept unconditionally the on-line user portal agreement
which contains the acceptance of all the Terms and Conditions of NIT including
Commercial & General Terms & Conditions and other terms, 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.

c. Letter of Bid: The format of Letter of Bid (as given in the NIT at Annexure -LOB)
will be downloaded by the bidder and will be printed on Bidder’s letter head and duly
‘Signed & Sealed’ scanned copy of the same will be uploaded during bid submission
in Cover-I. This will be the covering letter of the bidder for his submitted bid. The
content of the “Letter of Bid” uploaded by the bidder must be the same as per the
format downloaded from website and it should not contain any other information.

It may be noted that if the information/declaration/Credentials/ scanned

documents furnished in support of the claims made in the Bid or same in
respect of Eligibility Criteria are found to be wrong or misleading at any
stage, such bidder will be liable to punitive action.

Note:
1. In case the bidder who has signed the documents i.e authorized person to bid
is the DSC holder, no additional documents are required.
2. In case the bidder who has signed the documents i.e authorized person to bid
is not the DSC holder, then the authorization on non - judicial stamp paper duly
notarized as per format (given in Annexure - LOB) by the person signing the
documents/authorized person i.e. the bidder, in favour of person bidding online i.e.
DSC holder, is required to be uploaded along with the Letter of Bid.

d. If there is any change in the contents of Letter of Bid uploaded by bidder as

compared to the format of Letter of Bid uploaded by the department with NIT
document, then the bid will be rejected.

e. The bidder will have to upload ‘Self authenticated & Notarized’ scanned
copies of various documents required as specified in NIT, in ‘Techno-
commercial Bid’ in Cover I .‘Price Bid’ in Cover II.

f. Technical Parameter Sheet with Commercial Parameter Sheet (TPS-CPS.xls).

: This will be downloaded by the bidder and they will furnish all the required
information on this Excel file. Thereafter, the bidder must upload the same Excel
file during Bid submission. The Technical Parameter cum Commercial Parameter
Excel file shall contain the following Two sheets:

(i) Commercial Parameter Sheet (CPS)- The Commercial Parameter Sheet

containing the commercial parameters should be uploaded after filling the required
details and selecting the parameters. Bidders must fill and select the relevant
information before uploading the same.

Note: Bidders should fill Commercial Parameter Sheet (CPS) first and then
Technical Parameter Sheet (TPS) thereafter.

(ii) Technical Parameter Sheet (TPS) - The Technical Parameter Sheet

containing the technical specification parameters for each tendered item is in
Excel format. Non-compliance of any of the parameter of specification for any of
the item will disqualify the bidder for that item.

The Technical Parameter Sheet (TPS-BoQ1) & Commercial Parameter Sheet

(CPS) which is incomplete and not submitted as per instruction given will be
rejected by the system. In case of non-compliance of any of the parameter/ terms
 in these sheets shall result in rejection of the bid during the process of automatic
evaluation by the system and such bids shall not be considered for opening of
Price Bids.

g. PRICE BID/BOQ: The Price Bid containing the Bill of Quantity (BOQ) is in Excel
Format will be uploaded during tender creation. The Price Bid/ BOQ comprises of
following Sheet:

I. BoQ1: This is single Sheet of the Price Bid. Bidders are required to fill up the
relevant details only.

Submission of information/Price in ‘BoQ’: The Price bid/BOQ containing the

above Sheet in Excel File will be downloaded by the bidder and they will quote the
rates, taxes & duties etc. for the offered items in the same Excel file. Prices should
be quoted in INR only.

Thereafter, the bidder must upload the same Excel file without changing the file
name given by the system during bid submission in Cover-II.

NOTE: 1. The price for determining status of the bidders shall be automatically
calculated by the system based on the input values provided by respective
bidder in their price bid.

2. Bidder must indicate all the price elements of Cost which are applicable in
their case, as provided in the relevant Price Bid Format.

3. In case any of the Cell in Price Bid Format pertaining to any cost element is
left blank or shown as 0.00, then that Element shall be treated as Included in
Basic Price/NIL and in case such cost is applicable/payable extra over the
Basic Price the same shall be borne by the seller in the event of placement of
order

OTHER INFORMATION REGARDING BOQ / PRICE BID:

The Price-bid will be in item-wise unit Rate BOQ format and the bidder may quote for any or
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 above will be rejected.

In case of Taxes and Duties like CGST, SGST or IGST, GST Cess (if applicable) the
applicable rate of these duties in terms of %age is to be entered in the relevant fields.

In case CGST, SGST or IGST is included in quoted basic price, bidder needs to declare the
absolute value in the relevant column of Price Bid/BOQ (i.e. in Input Tax Credit Column)
based on legally acceptable rates.

The rate of CGST, SGST or IGST, GST Cess (if applicable) entered by the bidder in BOQ
sheet should be legally applicable rate of GST at the time of submission of bid.

If bidder is eligible for Exemption of GST or lower than the normal rate is applicable, then
bidder has to upload the authenticated document towards such exemption online & furnish
the authentic documents along with certificate of practicing Charter Accountant having
certificate of Practice and having valid membership number of ICAI clearly mentioned that
Bidder is eligible to opt the benefit of scheme/notification and fulfilled all the condition as
mentioned in notification in this regard.
In case the tendered item is eligible for Input Tax credit of GST and there is certainty at the
time of bid evaluation about the quantum of tax credit available, then the L-1 status shall be
decided by deducting the Input tax Credit (CGST, SGST or IGST, GST Cess (if applicable)
as the case may be) Amount from the Total Rate by the system.

However, if Bidder has opted composition scheme as per provision of Section 10 of GST Act,
2017, they cannot charge the CGST/SGST/IGST/GST Cess, L-1 status will be determined on
the basis of their quoted price.

In case of Bidder is exempted from Registration under GST ACT and submitted the required
documents as mentioned above, NCL is liable to deposit the CGST, SGST, GST Cess (if
applicable) under reverse charge as per the Provision of CGST Act, then applicable CGST,
SGST, GST Cess will be included in the landed price. However if the tendered items is
eligible for Input Tax credit, the same will be deducted while computing the L-1 status.

Statutory Variation: If there is any statutory change in GST/SGST within contractual

delivery period, the same shall be admissible and will be paid at actual based on
documentary evidence. However, no upward revision in the same beyond original
delivery period shall be admissible.

In case of prices quoted in INR by Indian agent of Indigenous manufacturers and in case of
INR Offer quoted by Indian Agent of Foreign manufacturers, they have to indicate the Input
Tax Credit on GST amount in the “Input Tax Credit Amount‟ field in Price Bid Format. If
the bidder does not fill the Input Tax Credit amount in Price Bid Format, then the offset of
Input Tax Credit amount will not be considered for evaluation purpose.

In case of successful bidder(s), if at the time of supply, it is found that Input Tax Credit
Invoice (Credit available to NCL on this account) is less than the “Input Tax Credit Amount‟
declared in the Price Bid, the differential amount between the two shall be deducted from the
Supplier’s bills while making payment to them. It will be the responsibility of the supplier to
provide all documents to NCL required to claim Input Tax Credit as per the GST Rules.

Delivery is to be effected on door delivery basis, thus bidder will have to arrange the
necessary E-Way bill at their end.

Bidder to mandatorily Quote HSN (Harmonized System Nomenclature) code of product

as per format given at Annexure-HSN.
h. 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-Procurement
website. Under any circumstances, NCL 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-
Procurement system or internet connectivity failures.
2. Cost of Bidding: The bidder shall bear all costs associated with the preparation
and submission of his bid and NCL will in no case be responsible and liable for those
costs.
3. Clarification of Bid: The bidder may seek clarification online within the specified
period. The identity of the Bidder will not be disclosed by the system. The
department will clarify as far as possible the relevant queries of bidders. The
clarifications given by department will be visible to all the bidders intending to
participate in that tender. The clarifications may be asked from the day of e-
Publication of NIT. The last date for seeking clarification by bidder will be as per
TIME SCHEDULE given above and the last date of giving clarification on-line will be
up to 07 (seven) days before the last date of submission of bid, as indicated in the
TIME SCHEDULE given above.

4. Modification / Withdrawal of Bid:

Modification of the submitted bid shall be allowed online only before the deadline of
submission of tender and the bidder
may modify and resubmit the bid on-line as many times as he may wish.
Bidders may withdraw their bids online within the end date of submission.

5. a) Evaluation of Bid:
i. The bidder will have to upload scanned copies of various documents as
specified in NIT for the evaluation process, document in support of exemption of
EMD (if applicable) and documents as per requirement of Technical Parameter
Sheet (TPS-BoQ1) Cum Commercial parameter Sheet (CPS) in excel format for
techno-commercial evaluation.
ii. The online bids will be opened on the pre-scheduled date and time of tender
opening. The bids will be decrypted on-line and will be opened by the “Bid
Opener” with their Digital Signature Certificates and upon opening of the tender
by the bid openers, system automatically evaluates particulars as contained in
GTE, TPS and commercial parameters CPS (combined with TPS).
iii. Upon opening of the bids, GTE, TPS, BOQ and all other documents uploaded by
the eligible bidders get opened and comparative statement of prices is generated
by the system.
iv. The L-1 price in INR will be declared by the system, based on the comparative
statement so generated.
b) REVERSE AUCTION (For Estimated Value of the tender more than Rupees 1
Crore):
i. In case of Tenders involving Reverse Auction, the system will not disclose the
name of the L-1 bidder, number of bids and names of the bidders on the portal to
anybody prior to the completion of Reverse auction process.
ii. Reverse Auction shall start within Two (02) hours of opening of bids. The
schedule of Reverse Auction shall be intimated to the bidders by the system.
iii. The L1 price / start bid price is landed / cost to the company (i.e. landed price after set-
off) on which the auction will be initiated.
The decrement value will be 0.5% of the start bid price with minimum of Rs.1/-.
The reduction shall have to be made as per decrement value or in multiple
thereof. The maximum seal percentage in one go shall be fixed as 2% over and
above the normal decrement of 0.5% i.e. 2.5% of start bid price or the last
quoted price during reverse auction, whichever is lower.
The decrement value may be rounded off to nearest value as under:
a) For decrement values up to Rs.10/-, rounding off may be made to nearest
rupee.
b) For decrement values from Rs.11/- to 100/-, rounding off may be made to
nearest 10.
c) For decrement values from Rs.101/- to 1000/-, rounding off may be made to
nearest 100.
d) For decrement values from Rs.1001/- to 10000/-, rounding off may be made
to nearest 1000 and so on….
iv. For deciding the reduced price to be offered by the bidder during the process of
Reverse Auction, the firm may use the BOQ sheet to arrive at the landed cost
after set-off, to enable them to fill-in the price and keep it ready for keying in
during the Reverse Auction. The bidders who have submitted their offer in
foreign currency shall have to multiply their landed price after set-off (i.e. Rate for
deciding L-1) with the exchange rate as captured by the e - procurement system
 to arrive at their price in INR.
v. Initial period of reverse auction will be of two hours. There will be auto extension
of time every ten minutes in case of any reduction recorded in last ten minutes.
The reverse auction will come to a close only when there is no further reduction
recorded in the last ten minutes slot. It may also be noted that in tenders where
there are a number of items, auto extension will only be given for the item(s) for
which any reduction has been recorded in last ten minutes and for rest of the
items the auction will close.
vi. Server time shall be the basis of Start time & Closing time for bidding and shall
be binding for all.
vii. All electronic bids submitted during the reverse auction process shall be legally binding
on the bidder. The chronologically last bid submitted by the bidder till the end of the
auction will be considered as the valid price bid offered by that bidder and acceptance of
the same by NCL will form a binding contract between NCL and the bidder for entering
into a contract. Any bid submitted earlier by the bidder prior to submission of his last bid
will not be considered as the valid bid price.
viii. If a bidder does not submit his bid in the Reverse Auction, the price quoted by them in
the price bid shall be considered as the valid price of that bidder. The status of the
bidder (L1, L2 etc) shall be evaluated considering either the bid price submitted in
Reverse Auction or the price quoted in the price bid, whichever is lower.
ix. The successful bidder shall upload break-up of price online through confirmatory
link, after reverse auction in the same structure as per their original price bid and
they will not be allowed to increase the initial quoted rate of any component. The
composite price may be either equal to the price offered in reverse auction or
less.
The L1 bidder after reverse auction will be responsible to ensure that the landed
rate as per the breakup of prices provided by him after the reverse auction and
the L1 landed rate offered by him in the reverse auction is exactly same,
otherwise it may be treated as withdrawal of offer and will attract penal action.
While giving the break up, the bidder will have to consider same rate of taxes
and duties as quoted while submitting the e-price bid. In case the L1 bidder fails
to submit the break-up of landed price within stipulated period, the company will
be at liberty to place order on the basis of the break-up of the e-price bid
submitted by the bidder along with the initial offer and the same will be binding
on the bidder.
x. In case of disruption of service at the service provider’s end while the Reverse
Auction Procedure (RAP) is online, due to any technical snag or otherwise
attributable to the system failure at the server end, the RAP process will start all
over again. In such a situation, the last recorded lowest price of prematurely
ended RAP, will be “Start Bid” price for the restarted RAP. The prices quoted in
the prematurely ended RAP will be binding on all the bidders for consideration, if
the restarted RAP does not trigger within the stipulated time. Disruption and
restarting of RAP shall be intimated to all the bidders through system / SMS / e-
mail through e - procurement portal. All the time stipulations of normal RAP will
be applicable to the restarted RAP.
xi. System shall provide bidders details along with bid documents at the end of
Reverse Auction.
xii. Conditional discounts shall not be considered. If a bidder offers a discount
unilaterally after submission of bid, the discount shall not be considered for
evaluation of offers but shall be availed if order is placed on such tenderer.
xiii. Supporting documents of L1 bidder shall be downloaded and evaluated by the
Tender Inviting Authority.
xiv. Shortfall Documents / Confirmatory Documents: After evaluation shortfall
documents/ Confirmatory Documents, if required, shall be sought from the L1
 bidder. These documents shall not be relating to submission of EMD. Request
for documents and the response shall be in writing. No modification of the bid
and any form of communication with NCL or submission of any additional
documents, not specifically asked for by NCL, will be allowed and even
submitted they will not be considered by the purchaser.

For this purpose, maximum 02 chances, each of 10x24 hours duration shall be
given. The above documents will be specified on-line under the link
‘Confirmatory Documents, by evaluator, indicating the start date and end date
giving 10 days’ time for online submission by bidder. The bidders will get this
information on their personalized dashboard under “Upload Confirmatory
Documents /Information” link. Additionally, information shall also be sent by
system generated email and SMS, but it will be the bidders responsibility to
check the updated status/ information on their personalized dashboard at least
once daily after opening of bid. No separate communication will be required in
this regard. Non receipt of email and SMS will not be accepted as a reason of
non-submission of documents within prescribed time. The bidders will upload/re-
upload the requested documents within the specified period. NCL reserves the
right to verify any of the documents uploaded by the bidder at any stage.

xv. If the techno-commercial acceptability of L1 bidder is established upon

verification of uploaded documents and shortfall documents/ Confirmatory
Documents if any, the case shall be considered for further evaluation.
If the L1 bidder happens to be defaulter upon verification, the documents of the
next lowest bidder shall be downloaded for evaluation and shortfall documents/
Confirmatory Documents obtained if required. This process shall continue
sequentially till techno-commercially acceptable L1 is established.

xvi. The following penalties shall be imposed on the defaulting bidders:

Sl. Situation Penal Provisions
1. L1 bidder is a defaulter for part of 50% of EMD amount or Rs. 1.00 Lakh or
items for which he is L1 whichever, is lower, is forfeited. In case the
defaulter is an EMD exempted bidder, he will be
asked to deposit the equivalent amount within 7
days of notice otherwise he will be disqualified in
the subsequent tender for the item he participates.
2. L1 bidder is a defaulter for all the 100% of EMD amount or Rs. 1.00 Lakh or
items for which he is L1 whichever, is lower, is forfeited. In case the
defaulter is an EMD exempted bidder, he will be
asked to deposit the equivalent amount within 7
days of notice otherwise he will be disqualified in
the subsequent tender for the item he participates.
3. L1 bidder happens to be a 100% of EMD amount of 2nd tender, is forfeited. In
defaulter in 2 tenders issued by case the defaulter is an EMD exempted bidder, he
the same procurement entity will be asked to deposit the equivalent amount
within a span of 01 year within 7 days of notice otherwise he will be
disqualified in any of the tenders he participates for
a period of 1 year.

Note:
1. The penal provisions will be squarely applicable to all those defaulter firms whose
documents are examined on account of treating them as L1 successively.
2. The submission of forged document, if any, by the bidder(s), shall be dealt as per
extant guideline of the Purchase Manual.
3. A bidder will be treated as defaulter and liable for penal action, if the information/
declaration/scanned documents furnished / uploaded by them, in support of
qualification /eligibility criteria / provenness / or any other criteria as per the NIT is
found to be wrong /misleading / not furnished / could not be verified by documentary
evidence at any stage they will be liable for punitive action.
4.The bidders will have to give undertaking online that, if the information / declaration
/ scanned documents furnished by them, in support of the same in respect of
eligibility criteria is found to be wrong or misleading at any stage they will be liable for
punitive action (in Letter of Bid).

xvii. All the details of Techno Commercial bid and Price bid will be kept preserved in
the archives for auditing purposes and the same can be accessed with special
authorization. The IP address of all the bidders who has participated in the bid
along with timing and date will also be kept preserved in the system.

6. Placement of Order: After the procurement is finalized, scanned copy of the

Purchase order will be uploaded on the e-procurement portal and the original copy
will be sent to the bidder/s through registered/speed post.

On receipt of supply order, the successful tenderer shall submit his acceptance of
supply order within 15 days from the date of order.

7. Language of Bid
All correspondence and documents relating to the bid exchanged by the Bidder and
the Purchaser, shall be written in English language. Supporting documents and
printed literature furnished by the Bidder may be written in another language
provided they are accompanied by a certified true translation of the relevant
passages in English language in which case, for purposes of interpretation of the bid,
the translation shall govern. All such translated documents should bear the signature
and stamp of the authorized signatory of the bidder signing the document, as a token
of authentication of the same.

8. Submission of Forged/Tampered Documents: Based on undertaking furnished

by the bidder, certifying the authenticity and statement made in the bid as well as
documentary support of such statement submitted with online bid against the tender,
NCL, while carrying out evaluation of the offer, shall consider the scanned copies of
the documents without any verification with the original. However, NCL reserves the
right to verify such documents with the original, if necessary at a later stage for which
the bidder shall have to submit the original documents to NCL on demand. If at any
point of time during procurement process or subsequently, any information or
document submitted by the bidder, is found to be false/incorrect /forged/tampered in
any way, the total responsibility shall lie with the bidder and NCL reserves the full
right to take penal action as may be deemed fit including rejection of the offer and /
or banning the bidder in NCL for future tenders. The penal action may include
termination of contract / forfeiture of all dues including EMD/ Security Deposit /
banning of the firm along with all partners of the firm as per provisions of law.
Further, suitable action may be taken for claiming damages from the bidder.
 PART-A

TERMS & CONDITIONS:

1. ELIGIBILITY CRITERIA:

i. Only manufacturer of the tendered item are eligible to quote. In case manufacturer is
not quoting directly as a matter of policy they may issue tender specific authorization
to their Authorized Marketing Outlet (i.e. Authorized Dealer/Authorized
Distributor/Indian Agent/ Indian Entities of Foreign Manufacturer etc.). In such cases
bidder has to submit relevant certificate issued by their manufacturer valid as on date of
tender opening.
ii. In case the manufacturer is not quoting through their authorized marketing outlet as
above they may quote through other sources specifically authorizing them to quote
indicating the tender reference number. In such case the manufacturer has to give a
certification as under:
“We will also be responsible for execution of Supply Order (if placed) through the
source to whom we have authorized to quote against this tender. In case source to
whom we have authorized against this tender fails to execute the order we undertake
for successful execution of order”
iii. In a tender, either the Indian agent on behalf of the Principal or Principal itself can bid
but both cannot bid simultaneously for the same item/product in the same tender.
iv. If an agent submits bid on behalf of the Principal, the same agent shall not submit a
bid on behalf of another Principal in the same tender for the same item/product.
v. A domestic manufacturer shall be considered as an indigenous manufacturer, if the
equipment manufactured and offered by them against tender has indigenous material
content cost plus labour content cost in excess of 30% (Thirty percent) of ex-works
value of the equipment including all taxes and duties. This is to be certified
by the auditor of the manufacturer.

Document to be submitted against Eligibility Criteria:

Sl. Criteria of Bidder Upload digitally signed Scanned copy of

No. Notarized documents in support of
Eligibility Criteria for the tendered item.
1 Manufacturers. Any one of the following valid documents with
the list of items (attested by Public Notary):

a. Factory license / Manufacturing

license
b. NSIC registration certificate.
c. DGS&D registration certificate
d. SSI/DIC registration certificate
e. ISO Certificate.
f. Valid BIS License for IS 2925:1984, with
the list of items should be uploaded.
DGMS approval
h. Micro / Small Enterprises MSE] Registration
certificate issued by District Industries Centers or
Khadi and Village Industries Commission or Khadi
and Village Industries Board or Coir Board or
 National Small Industries Corporation or Directorate
of handicrafts and Handloom, Udyog Aadhar or any
other body specified by Ministry of Micro, Small and
Medium Enterprises.

2 Authorized 1. Authorized Dealer/Authorized Distributor/Indian

Marketing Outlet Agent/ Indian Entities of Foreign Manufacturer
(i.e. Authorized etc certificate issued from the manufacturer.
Dealer/Authorized
Distributor/Indian 2. Specific authorization from the manufacturer to
Agent/ Indian quote against the tender (giving Tender No. in
Entities of Foreign authorization letter)
Manufacturer etc.)
3. Any one of the following valid documents of
the principal manufacturer with the list of
items:

a. Factory license/Manufacturing license

b. NSIC registration certificate.
c. DGS&D registration certificate
d. SSI/DIC registration certificate
e. ISO Certificate.
f. Valid BIS License for IS 2925:1984, with
the list of items should be uploaded.
g. DGMS approval
h. Micro / Small Enterprises MSE]
Registration certificate issued by District
Industries Centers or Khadi and Village Industries
Commission or Khadi and Village Industries Board
or Coir Board or National Small Industries
Corporation or Directorate of handicrafts and
Handloom Udyog Aadhar or any other body
specified by Ministry of Micro, Small and Medium
Enterprises.
3 Other Sources 1. Specific authorization from the manufacturer to
quote against the tender (giving Tender No. in
authorization letter)

2. Any one of the following valid documents of

the principal manufacturer with the list of
items:

a. Factory license/Manufacturing license

b. NSIC registration certificate.
c. DGS&D registration certificate
d. SSI/DIC registration certificate
e. ISO Certificate.
f. Valid BIS License for IS 2925:1984, with
the list of items should be uploaded.
g. DGMS approval
Micro / Small Enterprises MSE] Registration
certificate issued by District Industries Centers or
 Khadi and Village Industries Commission or Khadi
and Village Industries Board or Coir Board or
National Small Industries Corporation or
Directorate of handicrafts and Handloom Udyog
Aadhar or any other body specified by Ministry of
Micro, Small and Medium Enterprises.

3. Certificate to the following extant:

“We will also be responsible for execution of

Supply Order (if placed) through the source to
whom we have authorized to quote against
this tender. In case source to whom we have
authorized against this tender fails to execute
the order we undertake for successful
execution of order”

Note: All Documents related with eligibility criteria are to be submitted in a single PDF
file in “ELIGIBILITY DOCUMENTS” in Cover I on e-Procurement portal.

2. PROVENESS CRITERIA:

The tenderer shall be considered as PROVEN if they satisfy any one of the following
conditions:-

(i) The tenderer shall be considered proven provided the TYPE & MODEL of the Equipment
offered or Equipment of TENDERED SPECIFICATION or Equipment of HIGHER
SPECIFICATIONS either directly supplied by them or through any Prime Contractor are
successfully in regular use in NCL and considered/declared proven by Head of the
concerned Technical Department on the basis of its satisfactory performance for a period
of not less than ONE year from the date of Commissioning.
OR
(ii) The tenderer shall be considered proven provided the TYPE & MODEL of the Equipment
offered or Equipment of TENDERED SPECIFICATION or Equipment of HIGHER
SPECIFICATIONS either directly supplied by them or through any Prime Contractor are
successfully in regular use in other subsidiaries of CIL/Government Departments/Public
Sector Undertakings on the basis of its satisfactory performance for a period of not less
than one year from the date of commissioning.
OR
(iii) The tenderer shall be considered proven provided the TYPE & MODEL of the
Equipment offered or Equipment of TENDERED SPECIFICATION or Equipment of
HIGHER SPECIFICATIONS must have been supplied in the past to the Mining Industry
and/or to the other Industries (Private or Government/Public Sector Undertaking -
Indigenous or Global) and performed satisfactorily for a period of not less than ONE year
from the date of Commissioning.
OR
(iv) Tenderer currently holding Valid Rate Contract(s) for supply of tendered item(s) with
DGS&D/Coal India Limited/ Any Subsidiary of Coal India Limited.

For all the above purposes, tenderer shall have to furnish relevant documentary proof like
list of supplies made alongwith relevant legible and complete self-attested Supply Order
/Rate Contract(s) copies & performance report(s) thereof, if any, duly Notarized by
Notary Public.

In addition to the above, the tenderer should also submit Self-Certificate in the following
prescribed format as given below:-

“The items covered in the Purchase Order(s)/Rate Contract(s) copies enclosed with our
offer have been fully executed and have performed satisfactorily as per the provisions of
respective Purchase Order(s)/ Rate Contract(s) and all complaints/ claims(s) lodged by
the purchaser, if any, have been attended to and no complaints / claims(s) are pending”.

In case, any specific Purchase Order(s) has/have not been fully executed and any
complaints/ claims are pending, then details of such cases to be categorically submitted
with the reasons thereof.

The authenticity of the self-certificate as well as other documents submitted/uploaded by

the bidder will solely be their responsibility and appropriate action can be taken by NCL
if it is found to be misleading / false later on.

In case the performance of two consecutive supplies made by the Proven Source is not
found satisfactory, the said source will not be considered proven.

DEFINITION OF HIGHER SPECIFICATION: Higher Specification shall be

assessed as “Higher Towers than tendered items”.
Note : All Documents related with provenness criteria are also to be submitted in a
single PDF file in “PROVE DOCUMENTS” in Cover I on e-Procurement portal.

2. CONSIGNEES & PAYING AUTHORITY:

Sl. CONSIGNEE PAYING AUTHORITY

No.
1 The Depot Officer, Regional Stores, The Area Finance Manager, Amlohri,
NCL, Amlohri, Dist. Singrauli (MP). Dist. Singrauli (MP).

Note: Supplier shall have to raise separate invoices for supply in UP and MP
state.

3. DELIVERY:
Within 180 Days from the date of issue of supply order. However in case of urgency,
delivery may be made at the earliest. Firm delivery should be indicated on F.O.R.
destination basis. The quantity for supply within a specified delivery period should
also be indicated.

Qualification Criteria: The bidder should be in a position to supply in specific

delivery period at least 50% of the total quantity for which the bid has been issued.
Offers from bidders who fail to comply with the above qualification criteria shall be
considered unresponsive.
To distribute the order amongst two or more to the following extent:
In case the L1 tenderer has capacity constraints to supply the materials within the
stipulated delivery period, L1 tenderer shall be booked up to their offered capacity to
supply within the specified delivery period. For balance requirement, the L1 price
(landed) shall be counter offered to L2 tenderer and after their acceptance L2 tenderer
 shall be booked for their offered capacity. Similar process of counter offering L1 rate
to L-3 and L-4 vendor and so on and placement of order for their offered quantity
subject to their matching L-1 rate will continue till the full requirement is covered for
supply within the specified delivery period.

4. GUARANTEE/WARRANTY –
The tenderer shall give a Warranty for satisfactory performance of the Unit offered by
them for a period of 12 months from the date of Installation at site or 18 months from
the date of receipt and acceptance of the Unit at consignee’s end whichever is earlier.

The supplier shall be responsible for any defect that may, under the condition provided
for by the contract and under proper use, arising from faulty materials, design or
workmanship and shall remedy such defect at his own cost when called upon to do so. If
it becomes necessary for the supplier to replace or to renew any defective part, such
replacement or renewal shall be made by the supplier 100% free of cost without any
extra cost to Northern Coalfields Limited. The new goods should be supplied on FOR
destination basis free of cost.

Warranty Replacement should be completed within a reasonable period maximum

within one month from the date of claim free of cost up to ultimate Consignee’s end. All
cases of warranty replacements will decided on the basis of joint inspection of the failed
goods held between the user’s representative and the manufacturer’s representative.

5. PERFORMANCE BANK GUARANTEE:- The Performance guarantee shall be

submitted by successful tenderer for 10% (ten percent) of order value to cover both
satisfactory performance and warranty. The performance guarantee for 10% (ten percent)
of order value will be taken in the form of a Bank Guarantee in prescribed Format
(Annexure: L) valid for 24 months from the date of receipt and acceptance of the
materials at site and the same shall be either released, if no claim is pending or extended
thereafter, as deemed fit.

Security money if deposited may be converted in to performance guarantee. In case,

Security Money has been submitted in the form of Bank Guarantee, the same may be
converted in to performance bank guarantee (PBG) provided the validity is 24 months
from the date of receipt and acceptance of materials at site. PBG should not be less than
10% of landed value of order.

To arrive at the value of the Performance Bank Guarantee the order value will be
calculated as per the following guidelines:

a. For Indigenous Orders, the order value will be arrived at by adding all the Taxes & Duties
applicable, such as CGST,SGST or IGST or UT-GST if any, etc. to the FOR Destination
Price of the materials on order as applicable.

The bidders may please note the following:

i. The Bank Guarantees should be issued through Structured Financial

Messaging System (SFMS).
ii. Beneficiary bank / branch IFSC Code: ICIC0003529 should be
mentioned.
iii. Beneficiary Bank / Branch Name & address should be mentioned as
ICICI Bank Ltd., Singrauli Branch, Plot No. 86, Opp. Post Office, Ward
No. 3, Morwa, Tehsil Singrauli, Madhya Pradesh – 486889.
 iv. In case of BG issued by ICICI Bank, following text should be
incorporated in BG:
“We shall be liable to pay the guaranteed amount or any part thereof
under this Bank Guarantee only if you serve upon us a written claim or
demand on or before …………….. at ICICI Bank Ltd., Plot No.86, Opp.
Post-Office, Ward No. 3, Morwa, Tehsil Singrauli, Madhya Pradesh-
486889.”

6. INSPECTION:
i. Pre-Despatch inspection: Not required
ii) Final inspection will be carried out at the consignee’s end.

7. PAYMENT TERMS:

(a) 80% payment shall be released against submission of bills in triplicate along with
receipted challans within 21 days of receipt & acceptance of equipment at site by the
consignee and receipt and acceptance of Performance Bank Guarantee by the consignee
complete in all respects, whichever is later.

(b) Balance 20% payment shall be released within 21 days after successful
commissioning of the equipment. Certificate of successful commissioning shall be given
by the respective Staff Officers (E&M) to the respective Paying Authorities of the
Projects.

The payment shall be made by ‘‘Electronic Fund Transfer (EFT)” or e-payment. You are
therefore requested to indicate EFT No. & other relevant details in your offer like their
bank A/c no, name of bank, address of bank, branch code etc for e - Payment.

The tenderer must give their Banker’s name, address, Type of Account and
Account No.

No other payment terms shall be accepted.

 PART-B

TERMS & CONDITIONS:

1. EARNEST MONEY DEPOSIT / SECURITY DEPOSIT:

A. EARNEST MONEY DEPOSIT (EMD): The value of Earnest Money to be

deposited by the tenderer is specified in the NIT. Specified amount of EMD shall
be submitted online through payment gateway provided at NIC Portal during
online submission of bid.

In case of exemption of EMD, the scanned copy of documents in support of

exemption will have to be uploaded by the bidder during bid submission.

The EMD of unsuccessful bidders will be refunded immediately after bidder is

declared unsuccessful. EMD shall be forfeited, if any tenderer withdraws their offer
before finalization of the Tender or fails to submit order acceptance within 15 (fifteen)
days from the date of order. For successful bidders, EMD shall be refunded after
deposition of Security Deposit.

B. EXEMPTION FROM SUBMISSION OF EMD:-

Sl. Category of bidders Documents against exemption of EMD

No.
1. State / Central Government Upload digitally signed Self declaration
Organizations / PSU
2. DGS&D/NSIC registered Upload digitally signed notarized copy of Valid
Firms and Complete DGS&D/NSIC Registration
certificate for the tendered items attested by
Notary Public
3. Ancillary Units of NCL Upload digitally signed notarized copy of Valid
and complete Ancillary Status certificate for the
tendered items and attested by Notary Public
4. Micro / Small Enterprises Upload digitally signed and notarized copy of
[MSE] Valid and Complete Micro / Small Enterprises
[MSE] Registration certificate for the tendered
item issued by District Industries Centres or
Khadi and Village Industries Commission or
Khadi and Village Industries Board or Coir Board
or National Small Industries Corporation or
Directorate of handicrafts and Handloom or any
other body specified by Ministry of Micro, Small
and Medium Enterprises.

C. SECURITY DEPOSIT: The successful tenderer shall have to deposit Security

Money for 10% (ten percent) of the value of the awarded contract/order (Landed
value) in the form of Bank Draft drawn in favour of Northern Coalfields Ltd.
payable at SBI, Morwa Branch (Code : 3767), Singrauli (MP) or at any scheduled
bank located at MORWA/ SINGRAULI, Singrauli (MP), or in the form of Bank
Guarantee of any Scheduled Bank / Nationalized Bank in the prescribed format of
NCL (Annexure-J). The Bank Guarantee shall remain valid for a period of
Delivery + 03 months, which in any case shall not be less than 06 months, from
the date of issuance of the said Bank Guarantee.
In case the firm fails to deposit the security money, the order shall be cancelled and the case
shall be processed to order elsewhere and the firm’s performance is to be kept recorded for
future dealings with them.

For successful Tenderer, Security Money shall be refunded within 30 (Thirty days) of
satisfactory execution of the Supply order/contract. For unsatisfactory performance and / or
contractual failure, the security money shall be forfeited.

Security Money may be converted into Performance Bank Guarantee (PBG) wherever PBG is
required in the NIT. Wherever Security Money shall be treated as performance coverage of
the supply order/contract, the operation of Security Money BG/PBG shall be guided by the
stipulated Performance Bank Guarantee clause of the NIT.

In case, Security Deposit is submitted in the form of Bank Guarantee, the bidders may please
note the following:

i. The Bank Guarantees should be issued through Structured Financial Messaging

System (SFMS)
ii. Beneficiary bank / branch IFSC Code: ICIC0003529 should be mentioned.
iii. Beneficiary Bank / Branch Name & address should be mentioned as ICICI Bank
Ltd., Singrauli Branch, Plot No. 86, Opp. Post Office, Ward No. 3, Morwa, Tehsil
Singrauli, Madhya Pradesh – 486889.
iv. If the BG is issued by ICICI Bank Branches, the following text should be
incorporated in BG:
“We shall be liable to pay the guaranteed amount or any part thereof under this
Bank Guarantee only if you serve upon us a written claim or demand on or before
…………….. at ICICI Bank Ltd., Plot No.86, Opp. Post-Office, Ward No. 3,
Morwa, Tehsil Singrauli, Madhya Pradesh-486889.”

D. EXEMPTION FROM SUBMISSION OF SECURITY DEPOSIT

a) State/Central Govt. Organizations / PSU & valid DGS&D registered firms (registered for
the tendered items) are exempted from submission of Security Deposit. For this purpose,
DGS&D registered firms will have to upload the scanned copy of the documents, (Attested
by Notary Public) photocopies of complete valid registration certificate with DGS&D for
tendered items (valid on the due date of online opening of Part-I i.e. Techno-Commercial
Bid.) indicating the items or which firm is registered.
b) Ancillary units of Northern Coalfields Limited are exempted from submission of Security
Deposit only for the items for which they have been accorded proven/provisional ancillary
status by NCL.
Note: NSIC Registered firms / MSEs shall not be exempted from submission of Security
Deposit.

2. Validity: Offer of the firm must remain valid for a period of 180 (One hundred Eighty)
days or Six Months from the date of opening of Tender.
3. PRICES
Prices quoted must be FIRM till delivery and on F.O.R. Destination basis, with the break up
as per BOQ / Price Bid. Delivery is to be effected on door delivery basis. Safe arrival of
stores at destination shall be the responsibility of the supplier. The prices must be quoted in
the following manner:-
Prices quoted should be given in figures only (To be indicated in BOQ/Price Bid only):-
FOR BIDDERS IN INDIA/INDEGENOUS BIDDERS:- The rate should be quoted by the
bidders from India in Indian Rupee on FOR Destination basis which may be any Regional /
Central Stores of NCL. The offer should indicate rate per unit, discount if any, etc. in the
Price Bid format BoQ1.
The bidder should indicate all the relevant cost elements applicable in their case in BoQ1.
For taxes / duties (% age) / (amount) both should be clearly indicated as applicable on the
date of offer. The prices quoted should be net of Input Tax Credit of bidder.
Safe arrival of materials up to destination shall be the responsibility of the supplier. Thus E-
Way bill, if any required will be arrange by Bidder.
Conditional discounts shall not be considered for comparison purpose. Cash discount or
prompt payment discount will also not be considered for comparison purpose. However, the
discount offered for NCL normal payment terms (without any condition or deviation) given
in this tender will not be considered as conditional discount.
4. EVALUATION OF TENDERS:
Evaluation of Tenders shall be done on total cost basis i.e. Total Landed Cost (inclusive of
taxes and duties, after availing Input Tax (CGST, SGST or IGST, GST Cess (if applicable), if
any).
Total Landed Cost shall be calculated as detailed below:
For Indian Manufacturers/Sole Selling Indian Agent:
a) Net Ex-works (Basic Price) For Indian Manufacturers or Net Indian Port/Warehouse Price
(For Sole Selling Indian Agent).
b) Packing & Forwarding charges.
c) Freight Charges as indicated by Bidder
d) Insurance charges – as indicated by the bidder.
e) Any other taxes / duties as legally leviable and spelt out clearly by the bidder
f) CGST, SGST or IGST or GST Cess (if applicable) (as per prevailing GST ACT, 2017 and
rule thereon) on the date of offer (a to e above)
g) Total Landed Cost (total of price elements a to f above).
In case of NCL is eligible to avail the benefit of Input Tax credit of tendered items, the value
of CGST, SGST or IGST will be deducted/ reduced to the extent of setoff allowed to NCL
(depending upon the nature/category of item) for arriving at the landed price.
Thus Net Landed Price for deciding L1 shall be = [(Landed Price) Less (Input Tax Credit on
CGST/SGST/IGST)].
Bidders are required to provide documentary evidence for claiming concessional rate of
Taxes & Duties, if any. If the bidder fails to provide documentary evidence for claiming
concessional taxes/duties, for evaluation purpose, the maximum applicable rate of taxes &
duties will be taken into account by the Purchaser.
5. INPUT TAX CREDIT:
NCL IS ENTITLED TO AVAIL INPUT TAX CREDIT ON ACCOUNT OF CGST, SGST,
IGST, GST CESS FOR INDIGENOUS PRODUCTS, IGST FOR IMPORTED PRODUCTS.
HENCE, SET OFF ALLOWED AGAINST CGST, SGST, IGST AS PER RELEVANT TAX
ACT SHALL BE CONSIDERED FOR DETERMINING TENDER STATUS FOR WHICH
BIDDERS SHALL AGREE TO SUBMIT FOLLOWING DOCUMENTS, AT THE TIME
OF SUPPLY, ALONG WITH THEIR BILLS FOR ENABLING NCL TO INPUT TAX
CREDIT.
1. Invoice issued by the supplier should contain following elements as per Section 31 of
CGST ACT, 2017 and CGST Rules, 2017 along with Rule 46 and 47 of CGST Rule, 2017.
Name, address and GSTIN of the supplier;
Consecutive serial number (not exceeding sixteen characters) containing only
alphabet and / or numerals, unique for financial year (should not be hand-written)
Date of its issue;
Name, address and GSTIN or Unique ID number, if registered, of the recipient;
Name and address of the recipient and the address of delivery, along with the name of
State and its code, if such recipient is un registered and where the taxable value of
supply id fifty thousand rupees or more
 HSN code of goods or Accounting Code of services;
Description of goods or services
Quantity in case of and unit or Unique Quantity Code thereof
Total value of the goods or services
Taxable value of the goods or services taking into account discount or abatement, if
any;
Rate of tax (CGST, SGST or IGST)
Amount of tax charged in respect of taxable goods or services (CGST, SGST or
IGST)
Place of supply along with the name of State, in case of a supply in the course of
inter-State trade or commerce
Place of delivery where the same is different from place of supply
Whether tax is payable on reverse charge
The word “Revised Invoice” or “Supplementary Invoice”, as the case may be,
indicated prominently, where applicable along with the date and invoice number of
the original invoice, and
Signature or digital signature of the supplier or his authorized representative.
2. Vendors / service providers should show CGST, SGST or IGST element separately in
their offer and invoice should be raised as per GST Invoice Rule and GST Input Tax
Credit Rule.

3. Bidder are also required to confirm that Input Tax Credit amount per unit has been
indicated in their price bid

4. GST Registration Number of NCL in case of supply for MP is 23AABCN4884H1ZE

and in case of supply of UP is 09AABCN4884H1Z4. In case supply contract is
concluded on you, your bills (Cenvatable) should bear this number to enable NCL to
claim Input Tax Credit.

5. Supplier will give an undertaking on invoice or as a separate Annexure along with the
invoice that Invoices/Applicable GST returns has been/will be uploaded on GST Portal
within due time as prescribed in CGST Act and CGST,SGST or IGST has been
deposited as per the provision of GST Act and rules thereon.

6. Supplier shall ensure timely submission of correct invoice(s), as per GST

rules/regulation, with all required supporting document(s) within a period specified in
in Contract to enable NCL to avail input credit of GST (CGST & SGST/UTGST or
IGST). Further, returns and details required to be filled under GST Laws and Rules
should be timely filled by Supplier of Goods/ Services with requisite details.

If input tax credit is not available to NCL for any reason not attributable to NCL, the
NCL shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST
or IGST) claimed in the invoice(s) and shall be entitled to deduct/setoff/recover such
GST (CGST & SGST/UTGST or IGST) together with all penalties and interest, if any,
against any amount paid or payable by NCL to the Supplier. Further in this case, NCL
reverse the right to upload name and details of such defaulter on NCL website and may
also consider for giving holiday/debarring from participating tenders.

7. Where NCL has the obligation to discharge GST (CGST & SGST/UTGST or IGST)
liability under reverse charge mechanism and NCL had paid or is liable to pay GST
(CGST & SGST/UTGST or IGST) to the Government on which interest or penalties
becomes payable as per GST Law for any reason which is not attributable to NCL or
ITC with respect to such payments is not available to NCL for any reason which is not
 attributable to NCL, then NCL reserve right to deduct/recover such amounts against any
amounts paid or payable by NCL to Supplier.

8. Amount of Statutory levies like CGST, SGST or IGST will be released when the same
will appear in GSTR-2A of NCL in the common portal of GST and after submission of
documentary evidence deposition of GST Taxes and filing of GST Returns.

6. TAXES & DUTIES:

Mandatory registration of bidder with statutory authorities like Income Tax, GST (if
applicable), is required, unless they are specifically exempt from registration under specific
notification/circular/ section/rule issued by statutory authorities. The bidder claiming
exemption in this respect shall submit supporting documents as well as certificate from
Practicing Charter Accountant having Certificate of Practice and valid membership number of
ICAI that Bidder is fulfilling all the conditions prescribed in notification to make him exempt
from registration.

For Example:
If bidder is exempted from Registration under CGST ACT, 2017 due to his aggregate turnover
is less than 20 lakh then bidder has to submit the copy of Notification along with supporting
documents which prove that turnover of their business is less than 20 Lakh and certificate
from Practicing Charter Accountant having Certificate of Practice and valid membership
number of ICAI that “Aggregate turnover from all business is less than 20 Lakh, hence he is
exempted from Registration under GST Act, 2017”.

Percentage / Specified amount of Taxes and duties should be clearly mentioned otherwise,
NCL reserves the right to reject such offers. Taxes and duties applicable on the date of Price-
bid opening will be considered for calculating landed price for comparison /status purpose
against this tender.

a. CGST and SGST: (Intra State Sale) where bidder is having local office/warehouses
in the state of supply and is having valid GSTIN number in that state, then CGST and
SGST if applicable will be payable extra as per prevailing GST Act and Rules.
Refund, credit, if any, obtained of CGST and SGST shall be passed on to NCL which
shall be certified by the Auditor of the supplier at the time of supply.
b. IGST: (Inter State Sale) where bidder supplying goods other than the state of supply
and not having any office/warehouses in the state of supply then IGST if applicable
will be payable extra as per prevailing GST Act and Rules. Refund, credit, if any,
obtained of IGST shall be passed on to NCL which shall be certified by the Auditor of
the supplier at the time of supply.
c. The legally applicable rate of TAX should be clearly mentioned in the commercial bid
and the rate in the price bid.
d. Delivery is to be effected on door delivery basis thus bidder will have to arrange the
prescribe E-Way bill at their end

Special Note:

i. If, any delay is arising in payment against the invoice due to fault of supplier and
any reversal of input tax arises due to delay payment of invoices the same will be
recovered from supplier along with interest as paid by NCL due to reversal.
ii. In case the GST rating of vendor on the GST portal/ Govt. Official website is
negative/blacklisted at any stage even after supply order/award of work issued, NCL
has right to reject the supply order/letter of award. NCL shall not be obligated or
 liable to pay or reimburse GST to such vendor and shall also be entitled to deduct /
recover such GST along with all penalties / interest, if any, incurred by NCL.
iii. In case CBIC (Central Board of Indirect Tax and Custom)/any equivalent government
agency to the notice of NCL that the supplier of Goods has not remitted the amount
towards GST(CGST % SGST or IGST) collected from NCL or any other person to
the government exchequer, NCL reserve right to upload such defaulter on website and
may consider for giving holiday/debarring from participating tenders.

7. SUBMISSION OF BILLS:

A. Following documents required to be submitted to the Consignee:

i) Consignment Note.
ii) Delivery Challan in original.
iii) One copy of the bill.
i) CGST/SGST/IGST duty paying documentary evidence, wherever mentioned
iv) Warranty/Guarantee Certificate/Inspection Report wherever required.
v) Manufacturers test certificate
vi) Lowest Price Certificate.
vii) Any other documents specified in the Supply order.

B. Following documents should be submitted to the Paying Authority:

ii) 100% bill in triplicate duly stamped and pre-receipted.
iii) CGST/SGST/IGST Duty paying documentary evidence, wherever mentioned
iv) Copy of the consignment Note
v) Warranty/Guarantee Certificate/Copy of the Inspection Note wherever required.
vi) Lowest Price Certificate.
vii) Any other documents specified in the Supply order.

8. LIQUIDATED DAMAGES:

In the event of failure to deliver or dispatch 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 of the terms and conditions mentioned in the supply order, NCL
should have the right:-
a) To recover from the successful tenderer as agreed liquidated damages, a sum of 0.5 %
(half percent) of the price of any stores which the successful tenderer has not been able to
supply as aforesaid for each week or part of a week during which the delivery of such stores
may be in arrears limited to 10% (Ten percent). Wherever felt necessary, the limit of 10%
can be increased to 15% at the discretion of Head of the Materials management Division of
NCL.
b) or to purchase elsewhere, after due notice to the successful tenderer on the account and at
the risk of the defaulting supplier the stores not supplied or others of similar description
without canceling the supply order in respect of the consignment not yet due for supply or,
c) To cancel the supply order or a portion thereof and if so desired to purchase the stores at
the risk and cost of the defaulting supplier and also,
d) To extend the period of delivery with or without penalty as may be considered fit and
proper, the penalty, if imposed shall not be more than the agreed liquidated damages referred
to in clause (a) above.
e) To forfeit the security deposit fully or partly.
f) Whenever, under this contract, a sum of money is recoverable from and payable by the
supplier, NCL 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 contract should this sum be not sufficient to cover the full amount recoverable,
the successful tenderer shall pay NCL on demand the remaining balance. The supplier shall
not be entitled to any gain on any such purchase.
g) CGST, SGST or IGST will be levied as applicable as per the provision of GST ACT
and Rule thereon.
h) Supplier shall have to issue credit note as per the provision of Rule 53 of CGST Rule,
2017 on quality deduction or liquidity deduction or liquidated damage, if any arises.

9. RISK PURCHASE:
In the event of failure of the supplier to deliver or dispatch the stores within the
stipulated date / period of the supply order, or in the event of breach of any of the
terms and conditions mentioned in the supply order, Coal India Ltd., or its subsidiary
Companies have the right to purchase the stores from elsewhere after due notice to
the defaulting supplier at the risk and cost of the defaulting supplier. It is clearly
mentioned that in the event of failure of the supplier as detailed above, the cost as
per risk purchase exercise may be recovered from the bills against any other
supplies pending in the same Subsidiary Co. and also in any other Subsidiary
Companies / Coal India Limited.

10. FORCE MAJEURE:

If the execution of the contract/supply order is delayed beyond the period stipulated
in the contract/supply order as a result of outbreak of hostilities, declaration of an
embargo or blockage or fire, flood, acts of nature or any other contingency beyond
the supplier’s control due to act of God, then NCL may allow such additional time by
extending the delivery period as he considers to be justified by the circumstances of
the case and its decision in this regard shall be final. If and when additional time is
granted by the purchaser, the contract/supply order shall be read and understood as
if it had contained from its inception the delivery date as extended. Power failure will
not be considered as a force majeure conditions.
(a) The successful bidder will advise, in the event of his having to resort to this
clause, by a registered letter, duly certified by the local chamber of commerce, or
statutory authorities, the beginning and end of the causes of the delay, within 15
days of the occurrence and cession of such force majeure conditions. In the event of
delay last out of force majeure, NCL will reserve the right to cancel the contract, and
provisions governing termination of contract as stated in the bid documents will
apply.
(b) For delay arising out of Force majeure, the bidder will not claim any extension in
completion date for a period exceeding the period of delay attributable to the causes
of force majeure and neither NCL nor the bidder shall be liable to pay extra cost
provided it is mutually established that the force majeure conditions did actually
exist.

11. PRICE FALL CLAUSE:

The Bidder undertakes that it has not supplied / is not supplying similar
product/systems or subsystems at a price lower than that offered in the present Bid
in respect of any other Ministry / Department of the Government of India or PSU and
if it is found at any stage that similar product / Systems or Subsystems was supplied
by the Bidder to any other Ministry / Department of the Government of India or a
PSU at a lower price, then that very price, with due allowance for elapsed time, will
be applicable to the present case and the difference in the cost would be refunded
by the Bidder to the Buyer, if the contract has already been concluded.
12. BANNED OR DELISTED SUPPLIERS:-
The bidder(s) would give a declaration that they have not been suspended, banned
or de-listed by any Government or Quasi-Government agencies or PSU’s. If a
bidder has been suspended banned by Government or Quasi-Government agencies,
PSU’s, this fact must be clearly stated and it may not necessarily be a cause for
disqualification. If this declaration is not given, the bid will be rejected as non-
responsive.

13. MSM Enterprise:

As per provision of Micro, Small and Medium Enterprises Development Act, 2006,
the vendors should confirm their Registration Number along with the name of their
Registering Authority. They should also attach a duly self-certified notarized copy
(certified by the Chief Executive of the Enterprise) of the valid registration certificate
with each invoice against each dispatch of all purchase orders.
“20% of the tendered quantity shall be reserved for procurement from participating
Micro & Small Industries subject to their quoting price within the band of L-1 +15%
and bringing down their price to L-1 price in a situation L-1 price is from someone
other than a Micro and Small Enterprises. In case of more than one such Micro and
Small Enterprise, the supply shall be shared proportionately (tendered quantity).

Out of 20% of this quantity, 4% shall be procured from Micro and Small Enterprises
owned by SC/ST entrepreneurs provided they meet the tender requirement and L-1
price. In event of failure of such Micro and Small Enterprises to participate in tender
process or meet tender requirement and L-1 price this 4% requirement earmarked
for Micro and Small Enterprises owned by SC/ST shall be met from other Micro and
Small Enterprises.

The firm has to submit a notarized copy of Entrepreneurs memorandum certificate

i.e. EM-Part-2 / Udyog Aadhar issued by District Industries Centre to claim their
status as “MICRO” & “SMALL” Entrepreneurs. “SC” & “ST” Entrepreneurs has to
submit necessary cast certificate issued by State Authorities.

14. LOWEST PRICE CERTIFICATE:

The price quoted by bidder against this tender should be lowest and the same price
should be applicable to other Government Departments/ Undertakings/ Other
Organizations.

The successful tenderer should submit the Lowest Price Certificate duly sealed and
signed to the following extant along with the offer (Annexure-D):

“I/We do hereby certify that price quoted by us against tender is the lowest and is the
same as applicable to other Government Departments/ Undertakings/ Other
Organizations.

We also certify that the quoted rates are not higher than rates quoted / prices
charged by us for same items to other Customers.”

15. QUALITY CERTIFICATE:

The tenderer will certify that, there has not been any complaint against the quality of
their products supplied to Government Departments or Public Sector
Undertakings/Other organizations. Annexure E.
16. GUIDELINES FOR ANCILLARY UNITS OF NCL:
a. The Ancillary units should indicate their assessed capacity along with the total
pending order available with them on the date of tender opening. The difference
between the two will be taken as their available balance capacity for the tender
and distribution of order quantity will be decided based on the same.
b. Grant of Ancillary status will not automatically declare the firm as a proven bidder.
The ancillary unit has to fulfill the eligibility and provenness criteria specified in
the tender.
c. If the L1 tenderer is an ancillary unit and there is only one ancillary unit
participating in the tender, the entire order shall be booked on them, subject to
their capacity. If they are not having sufficient capacity, the balance quantity shall
be ordered on L2 bidder subject to their matching L1 price.
d. If more than one ancillary unit has participated in the tender and one of them
quotes the L1 price, 60% of the tender quantity or up to their capacity (whichever
is lower) will be ordered on L1 party.
Balance quantity will be offered to L2 amongst the ancillary bidder at L1 price. If
the capacity of the L2 party amongst the ancillary bidder falls short of the balance
quantity, then leftover quantity will be offered to L3 and so on amongst the
ancillaries at L1 rate.
Only if the total capacity of all the ancillary units taken together falls short of the
requirement will be non-ancillary bidders be considered for placement of order.
In such case, the balance quantity shall be ordered on the lowest non-ancillary
bidder subject to their matching L1 price.
e) If a non-ancillary unit quotes the L1 price and there is one or more ancillary units
participating in the tender, 60% of the tender quantity shall be booked on the L1
bidder, balance 40% or up to their capacity (whichever is lower) shall be ordered
on ancillary bidder who has quoted the lowest price among the ancillaries subject
to their matching L1 rates. Leftover quantity, if any, shall be distributed as per
serial no. (d) above

17. DEVIATION:
Normally no deviation is acceptable to our Tender Documents. Terms and conditions
which are in deviation are liable for rejection. No document presented by the bidder
after due date and time of submission of the bid, shall be taken in to consideration
unless specifically asked by NCL. If a bidder offers a rebate unilaterally after due
date and time of submission of bid , it will not be considered for evaluation purpose
but the rebate offered shall be availed while awarding the contract , if the bidder
emerges as lowest evaluated bidder.

18. WITHDRAWAL, SUBMISSION AND MODIFICATION OF TENDER:

NCL expects Tenderers to read and understand all the provisions of the Tender
documents carefully prior to submission of their Tender and accordingly tender once
submitted shall be judged on the basis of their contents and as per provisions of the
tender documents and shall not be allowed to be withdrawn, modified or amended
within the validity period of the tender.

19. Supply order if placed will also be governed by the “General Terms and
Conditions of supply of stores” enclosed herewith at Annex.-GTC, unless
stated otherwise in this bid document or in the supply order.

20. ALL PROVISIONS OF COAL INDIA PURCHASE MANUAL - 2004 AND ITS
SUBSEQUENT AMENDMENTS SHALL BE APPLICABLE TO THIS TENDER.
21. DISPUTES ARE SUBJECT TO THE JURISDICTION OF “SINGRAULI COURT”
ONLY.

22. ARBITRATION: (Applicable to PSUs & Govt. Dept. Only).

‘In the event of any dispute or difference relating to the interpretation and application
of the provisions of the contracts, such dispute or difference shall be referred by
either party for Arbitration to the sole Arbitrator in the Department of Public
Enterprises to be nominated by Secretary to the Govt. of India in-charge of the Deptt.
of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be
applicable to arbitration under this clause. The award of the Arbitrator shall be
binding upon the parties to the dispute, provided, however, any party aggrieved by
such award may take further reference for setting aside or revision of the award to
the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of
India. Upon such reference, the dispute shall be decided by the Law Secretary or the
Special Secretary/Additional Secretary, when so authorized by the Law Secretary,
whose decision shall bind the parties finally and conclusively. The Parties to the
dispute will share equally the cost of arbitration as intimated by the Arbitrator.’
The above clause will be applicable only in case of orders/contracts to be placed on
Public Sector Enterprises/Govt. Deptts.

23. ANTI CARTELIZATION: Associated companies of the bidders would be

ineligible to participate in the same tender. An affidavit (on a requisite amount of
Stamp Paper) to this effect shall be submitted by the bidder as per Annexure F
of NIT.

In case of cartelization or apparent cartel formation, Penal Action as per the

provision of CIL Purchase Manual shall be taken.

24. INTEGRITY PACT AS PER Annexure - I (Applicable for Tender Value ≥2.0
Crores only)
(i) Bidders are required to sign the Integrity Pact with NCL as per the Format
enclosed at Annexure-IP. This will be signed by the authorized signatory of the
Bidder(s)/ Contractor(s) with name, designation and seal of the company and
submitted along with Part-I (Techno-commercial bid) of the offer. If the bidder is
a partnership or consortium, this agreement must be signed by all the partners
or consortium members. All Bidders/Contractors who do not sign the pact shall
be disqualified from participation in the tender process.
(ii) Duration of the Integrity Pact shall be as per Section-10 of the Annexure-IP.
(iii) The Bidder(s)/ Contractor(s) should undertake to demand from all sub-
contractors a commitment in conformity with the Integrity Pact and to submit it
to NCL before, contract signing.
(iv) Person signing IP shall not approach the Courts while representing the matters
to IEMs and he/ she will await their decision in the matter.
(iv) The Integrity Pact shall be signed by the representative of NCL at the time of
opening Part-I of the offer.
(v) The integrity pact will be the preliminary qualification/condition for the bidding in
the tender.
(vi) The integrity pact shall be monitored by two independent external monitors
appointed by CVC whose names & addresses are indicated below:

1. Shri Sewa Ram, IAS (RTD), 660, Sector -26, Panchkula-134116 (Haryana).
Mobile No. +91-9478730069. Email ID sarangalsr@hotmail.com.
 2. Shri J.K Khanna, IPS (Rtd), A-102, Sector-55, Noida-201307 (UP). Tel. No.
0120-4322330, Mobile No. +91-9810940403. Email ID
jkkhannaips@yahoo.com.

If the bidders have any grievance/complaint relating to the tender at any stage, they
can directly approach/write to the IEMs. The email or the envelope should carry the
subject line “Complaint to the IEM regarding Tender”.

Failure to confirm the above may render the offer liable for rejection without any
further correspondence.

25. SOCIAL ACCOUNTABILITY CLAUSE- Bidder shall upload duly filled, sealed
and signed Social Accountability Certificate as per Annexure-H.

26. Special Conditions:

i) Northern Coalfields Limited reserve the right to follow any guideline or
instructions received from Government of India or any statutory body on
purchase preference or otherwise from time to time.
ii) NCL may increase or decrease the quantities against any or all the items of the
tender by not more than 20% (twenty percent).

Note:
While submitted the Bid on e-Procurement portal, relevant point of GTE template is
to be filled up in the form of YES/NO as confirmation of acceptance for commercial
evaluation.

PLEASE GO THROUGH THE TENDER DOCUMENT CAREFULLY AND UPLOAD

YOUR OFFER ACCORDINGLY, COMPLETE IN ALL RESPECTS, WITH
SUPPORTING DOCUMENTS, WHEREEVER ASKED FOR.

Offer submitted with irrelevant, abnormal, unusual, inconsistent value(s), against any
clause of TPS may reflect the bidder as ‘COMPLIED’ by the system but the same
may be rejected, if necessary, after due evaluation of the information provided.

Yours faithfully,
For & On Behalf of Northern Coalfields Limited

General Manager (MM)

Northern Coalfields Ltd., Singrauli

Encl.
1. Annexure – B: Technical Specifications of the tendered items intended to be
procured are detailed in Annexure-B under the heading “TECHNICAL
SPECIFICATION”.
(Technical Parameter Sheet along with Commercial Parameter Sheet (TPS-
BoQ1.xls) in EXCEL File is to be downloaded from bidding portal and uploaded after
fulfilling the required details/ accepting the parameters.)

1. Certificates/ documents are to be downloaded and printed (Letter of BID to be

printed on the letter Head of the firm), signed with seal of Company and to be
uploaded online as .pdf document along with other documents as per requirement of
NIT in the specified folders. Wherever specified in the NIT scanned copy of original
notarized document is to be uploaded. Bidders are suggested to scan the documents
in 100 DPI for maintaining clarity & easy upload. The space / File names where
respective files are to be uploaded is specified below:

To be submitted in “LETTER OF
Annexure –A Letter of Bid
BID” in Cover I as a .pdf file.
Annexure-C Self-Certificate for Proven-ness
Annexure-D Lowest Price Certificate
Annexure-E Quality Certificate
Annexure-F ANTI CARTELIZATION Affidavit
To be submitted in
towards none of associated “CERTIFICATES” attached in
companies have participated single PDF file in Cover I
Annexure-H Social Accountability Certificate
Annexure-I Integrity Pact (Applicable for Tender
Value ≥2.0 Crores)
CPS contained Commercial Parameter Sheet To be downloaded, filled &
in TPS as Sheet uploaded in “TPS-BoQ1.xls” file
2
Documents related with Eligibility Criteria Clause 1 (a)To be Submitted in Single pdf file
(Part-A of Terms & Conditions) in ELIGIBILITY DOCUMENTS in
Cover I
Documents if any, given in Technical Specification To be Submitted in Single pdf file
(Annexure-B) in TECHNICAL DOCUMENTS in
Cover I
All the documents related to Proven-ness Criteria given To be Submitted in Single pdf file
in Technical Specification (Annexure-B) in Table under in PROVE DOCUMENT in Cover I
the heading “PROVE DOCUMENT
SCANNED COPY FOREIGN REMITTANCE PROOF
TOWARDS EMD / EXEMPTION DOCUMENT FROM
EMD / SECURITY MONEY (IF APPLICABLE).
To be submitted in “EMD AND
GST EXEMPTION CERIFICATE (If applicable)
OTHER DOC” attached in single
EM Part II/Udyog Aadhar Certificate in support of
PDF file in Cover I
MSME, if applicable
Any other document/certificate as per requirement of
NIT.

3. Format for Bank Guarantee for Security Deposit. Annexure – J

4. Format for Performance Bank Guarantee. Annexure – K
5. General Terms & Conditions: Annexure-G

All applicable Annexures are to be uploaded in the respective file by the tenderer
after signing in each page along with seal of the company.

PLEASE GO THROUGH THE TENDER DOCUMENT CAREFULLY AND UPLOAD

YOUR OFFER ACCORDINGLY COMPLETE IN ALL RESPECTS WITH
SUPPORTING DOCUMENTS WHEREEVER ASKED FOR.

Offer submitted with irrelevant, abnormal, unusual, inconsistent value(s), against any
clause of TPS may reflect the bidder as ‘COMPLIED’ by the system but the same
may be rejected if necessary after due evaluation of the information provided.
 ANNEXURE-A
Letter of Bid (LOB)
LETTER HEAD OF BIDDER

To,
General Manager
Material Management Department
Northern Coalfields Ltd.,
PO Singrauli Colliery,
Dist. Singrauli, MP -486889.

Sub: Tender No. NCL/SGR/MMD/SKA/HighMast Tower/21707066/55 Dtd: 29-08-2017

Dear Sirs,

1. We have gone through the tender documents carefully and we confirm that the
contents of the offer are given after fully understanding of tender documents and all
information furnished by us are correct and true and complete in every respect.
2. Having examined the Bid Documents including Addenda/Corrigenda, if any, I / We,
the undersigned, offer to supply and deliver the material as per our offer submitted
in conformity with the said Bid Documents.
3. We confirm to accept all terms and conditions contained in the tender document
unconditionally.
4. We confirm that until a formal contract is prepared and executed, this bid together
with your written acceptance thereof and your notification of award, shall constitute
a binding Contract between us.
5. We understand that you are not bound to accept the lowest or any bid you may
receive.
6. We confirm that all information/ documents / credentials submitted alongwith the
tender are genuine, authentic, true and valid.
7. We confirm that if any information or document submitted is found to be false /
incorrect, the said offer shall be considered absolutely null & void and action as
deemed fit may be taken against us including termination of the contract, forfeiture
of all dues including EMD / Security Deposit and Banning of our firm and all partners
of the firm as per provisions of law.

Dated this day of 2017

Signature-------------
Name -----------------
Designation------------------
Duly authorized to sign bid on behalf of -------------

1.This letter should be on the letterhead of the Bidder and should be signed by the bidder.

2. In case the bidder who has signed the LOB is the DSC holder, no additional documents
are required.

3. In case the bidder who has signed LOB is not the DSC holder, then the Power of Attorney
or letter of authorization on non - judicial stamp paper duly notarized as per format
mentioned on next page by the person signing the LOB i.e. the bidder, in favour of person
bidding online i.e. DSC holder, is required to be uploaded along with this Letter of Bid.

Format for Authorisation to DSC holder bidding online on behalf of

bidder.

NON JUDICIAL STAMP PAPER OF Rs 10/-

I/We do hereby authorise M/s/Mr/…………………………………(Name of DSC

Holder) Address ………………………………….. for online bidding on behalf of me/us
for the e-tenders invited by Northern Coalfields Limited, Singrauli on
www.coalindiatenders.nic.in.

Signature/Seal of the DSC Signature & Seal of the

Holder Authorised for online bidder Authorising the
bidding on behalf of the DSC Holder for online
bidder. bidding.

Signature & Seal of the

NOTARY
 ANNEXURE – B

TECHNICAL SPECIFICATIONS& SCHEDULE OF REQUIREMENT

Item Item Description Quantity (in No.)

No.
1 High Mast Lighting Tower of 20 Mtr. With 8 nos 2 13
x 400 Watt Metal Halide Luminaries complete with
control panel, foundation for erection at the site,
installation, testing & commissioning.

2 High Mast Lighting Tower of 30 Mtr. With 12 nos 2 4

x 400 High Pressure Sodium Vapour Lamp
Luminaries, complete with control panel,
foundation for erection at the site, installation,
testing & commissioning.

TECHNICAL SPECIFICATIONS

Technical specification are provided in the TPS (Technical Parameter Sheet) uploaded in the
portal.

Note:
(a) Tendered items will be procured from the sources as per eligibility &
provency criteria given at Terms & Conditions Part A of NIT.

(b) Technical Parameter Sheet – To be down loaded from e-Procurement portal

and to be submitted as part of Bid.

(c) The status of Overall Compliance or Non-Compliance of the eligibility under

Technical Specification, on the basis of information submitted by the bidder for
individual items, shall be shown in the Technical Parameter Sheet of TPS.XLS
file down loaded from e-Procurement portal.

(d) Offer submitted with irrelevant, abnormal, unusual, inconsistent value(s),

against any clause of TPS may reflect the bidder as ‘COMPLIED’ by the system
but the same may be rejected if necessary after due evaluation of the
information provided.
 ANNEXURE – C

Self-Certificate for Proven-ness Source

“The items covered in the Purchase Order(s)/Rate Contract(s) copies enclosed with
our offer have been fully executed and have performed satisfactorily as per the
provisions of respective Purchase Order(s)/ Rate Contract(s) and all Complaints
/claims(s) lodged by the purchaser, if any, have been attended to and no complaints
/ claims(s) are pending”.

Date Signature of Tenderer

Seal of the Firm

 ANNEXURE – D

LOWEST PRICE CERTIFICATE

“I/We do hereby certify that price quoted by us against tender is the lowest and is
the same as applicable to other Government Departments/ Undertakings/ Other
Organizations.

We also certify that the quoted rates are not higher than rates quoted / prices
charged by us for same items to other Customers.”

Date Signature of the

Tenderer
Seal of the Firm
 ANNEXURE – E

QUALITY CERTIFICATE

I/We certify that there has not been any complaint against the quality of our products
supplied to Government Departments or Public Sector Undertakings/Other
organizations.

Date Signature of the Tenderer

Seal of the Firm

 ANNEXURE - F

ANTI CARTELIZATION AFFIDAVIT

NON JUDICIAL STAMP PAPER OF REQUISITE VALUE

I, Shri …………………………………, on behalf of M/s …………………………………..

declare that no cartelization has been formed in the current tender. It is also
certified that no associated companies / sister concerns / partnership firms/
subsidiaries or any other firm related to our firm has participated in this tender no.
………………………………….dtd………………..”
The above information is true to my knowledge and belief.

Signature & Seal of the bidder

Signature & Seal of the NOTARY

 ANNEXURE - G

GENERAL TERMS AND CONDITIONS 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:
i. “CONTRACT” means the invitation of tender, instructions to tenderers,
acceptance of tender, particulars and the general and special conditions
specified in the acceptance of tender and includes a repeat order which has
been accepted and acted upon by the supplier.

ii. The term “SUPPLIER” shall mean the person, firm or company with whom the
contract is placed and shall be deemed to include the supplier in successors
(approved by the Purchaser) representatives, heirs, executors, administrators
and permitted assignee as the case may be.

iii. “CONTRACT PRICE’ shall mean the sum accepted or the sum calculated in
accordance with the price and / or terms accepted by or on behalf of the
purchaser.

iv. The Chairman – cum Managing Director means Chairman – cum Managing
Director of Northern Coalfields Limited, Singrauli.

v. The term DRAWING shall mean the drawings, the plans specified in or
annexed to the schedule of specification.

vi. The term “PURCHASE EXECUTIVE” shall mean the purchaser or purchaser
named in the schedule to the tender, his or their successors or assignees.

vii. 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.

viii. The term "PROGRESS OFFICER" shall mean any person nominated by or on
behalf of the purchaser to visit supplier’s works to ascertain the position of
deliveries of stores purchased.

ix. The term "MATERIALS" shall mean anything used in the manufacture or
fabrication of the stores.

x. The term "PARTICULARS" shall mean the following:

a. Specification
b. Drawing
c. Sealed pattern denoting a pattern sealed and signed by the inspector
d. Certified or sealed sample denoting a copy of the sealed pattern or sample
sealed by the purchaser for guidance of the Inspector.
e. Trade pattern denoting a standard of the ISI or other standardizing authority
of Northern 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.

xi. "STORES" means the goods specified in the supply order or schedule, which
the contractor has agreed to supply under contract.
xii. The term "TEST" shall mean such test or tests as are prescribed by the
specification or considered necessary by the Inspector or any agency acting
under direction of the Inspector.
xiii. The term "SITE" shall mean the place or 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.
xiv. Works denoting the persons shall include any company or association or body
of individuals whether incorporated or not.
xv. "WRITING" shall include any manuscript, typewritten or printed statement
under or over signature or seal as the case may be.
xvi. "UNIT & QUALITY" means the unit and quantity specified in the schedule.
xvii. "SUPPLY ORDER" or "PURCHASE ORDER" means an order for supply of
stores and includes an order for performance.

2. The delivery of stores shall be deemed to take place on delivery of the stores in
accordance with the terms of the contract after approval of stores by the
Inspector to:
i. The consignee at his premises or
ii. Where so provided the interim consignee at 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
delivery stores at destination station.

3. Words in the singular include the plural and vice-versa.

4. Words denoting the masculine gender shall be taken to include the famine gender
and work persons, shall include any company or association or body of
individuals, whether incorporated or not.

5. Terms and expressions not herein defined shall have the meanings assigned to
them in the India Sale of Goods Act 1930 or the Indian Contract, 1872 or the
General Clauses Act 1897 and as amended in respect of all the Acts as the case
may be.

6 (a) Parties:-
The Parties to the contract are the supplier and the purchaser named in the schedule
or any other specifically mentioned in the contract.
(b) Address to which communications are to be sent- For all purposes of the
contract, including arbitration hereunder, the address of the supplier mentioned in
the tender shall be the address to which all communications addressed to the
supplier shall be sent, unless the supplier has notified a change by a 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 of
address in the manner aforesaid.
Any communication or notice on behalf of the purchaser in relation to the contract
may be issued to the supplier by Purchase Executive and all such communications
and notices may be served on the supplier either by registered post or under
certificate of posting or by ordinary post or by hand delivery at the option of such
executive.

7. (i). The price quoted shall be either FOR place or Railway 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 Purchaser’s country shall quote on
FOB and CIF basis.
(ii)In all cases the prices quoted must be net per unit shown in the enquiry and must
include all packing and delivery where applicable. Refunds on account of returnable
packages (if any) are to be separately specified. The price should show separately
the Foreign Exchange element and the Rupee element for stores to be imported.
GST shall be shown separately and whether it is SGST, CGST or IGST. If no
mention is made about GST, it will be assumed to be included in the price quoted.
The prices should be included of GST, or GST should be separately mentioned. In
case where price is quoted inclusive of GST, the rate of quantum of the same should
be separately indicated. In case of contracts providing for free delivery to the
consignee, octroi charges shall be included where leviable.
(iii). The price must be stated separately for each item on unit basis.
(iv). When quotations are made for units other than those specified in the enquiry,
the relationships should be stated.
(v). The prices quoted must be firm and the offers made must remain open for at
least 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). Tenderer must clearly specify their recommended spare 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 and conditions of the tendering firms shall not be considered as
forming part of their tender. In case the terms and conditions of contract applicable to
this invitation to tender are not acceptable to the tendering firms, they should clearly
specify deviations 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
initialed by the tenderers, failing which their tenders will not be considered.
(x). Insurance arrangement will be made as per instructions being issued from time
to time by the Materials Management Division of Coal India Limited and / or its
subsidiary companies.

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

simultaneously by the contractor for inspection by Inspector / Inspectors unless the
articles under tender are of considerable bulk in which case separate arrangement
will be made for inspection of the articles offered while considering the 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 tenderer’s name, this offer enquiry
number and the last date of opening of tender.

9. a) Subletting and Assignment

 The supplier shall not save with the previous consent in writing of the purchaser,
sublet, transfer, assign the contract or any part thereof or interest therein or benefit
or advantage thereof in any manner whatsoever. Provided nevertheless that any
such consent shall not relieve the supplier from any obligation, duty or responsibility
under the contract.

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

10. (a) Consequence of Breach

Should the supplier or a partner in the supplier firm commit breach of either of the
conditions mentioned at Clause 20 (a) or (b) (i) 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 as applicable shall apply.
(a) The decision of Coal India Ltd. and/or its subsidiary companies as to any
matter or thing 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 materials secured with Government assistance

a. Where any raw material for the execution of the contract is procured with the
assistance of CIL and or 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 officer empowered in that behalf by law, or
is issued from government stock and where advance payments are made to the
supplier to enable him to purchase such raw materials for the execution of the
contract, the supplier.
I. Shall hold such material as trustee 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 this clause specified, he
shall, without prejudice to any other liability, penal or otherwise, be liable to 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 greater.
12. The tenderers in case of imported items, shall clearly mention in the quotation
that in the event of the supply order being placed with them, they shall arrange for
supply within a reasonable period of all necessary maintenance tools and spares
parts that may be required from time to time during the normal life of the machines,
on a continuous basis and at a price not in excess of the landed cost at their
premises plus a stated percentage differential (such a differential should be
indicated) and proper servicing of the main unit supplied by them as and when
required. In case there is a Rate Contract with the DGS&D supply be made at the
RC rates.
13. The tenderers shall give a warranty of satisfactory performance of the unit
offered by them for a period of 12 months from the date of commissioning or 18
months from the date of receipt and acceptance by 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, arising from faulty
materials, design or workmanship and shall remedy such defects at his own cost
when called upon to do so. If it becomes necessary for the supplier to replace or
renew any defective portion of the goods, such replacement or renewal should be
made by the supplier without any extra cost to Coal India Limited and / or its
subsidiary company.
14. For orders placed directly on overseas suppliers, the tenderers should separately
indicate whether their prices quoted include any commission for the manufacturer’s
agents in India and the amount of remuneration for the agent included in the quoted
price. Price shall include:
a. The service that will be rendered by them as manufacturer’s agent
b. The name and address of agents, if any, in India, and
c. The agency commission or remuneration or freight in case FOR prices are
accepted will be paid in Rupees in India

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

16. Earnest Money/ Security Money:

a. Earnest money clause should be stipulated in the tender. The value of Earnest
Money to be deposited online through the online payment Gateway. For
unsuccessful tenderer, EMD shall be refunded immediately after finalization of the
tender with the approval of the HOD of MM deptt. Or Head of Area. 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. Security Deposit clause should be stipulated in the tender. 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
canceled and the case shall be processed to order elsewhere and the firm’s
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
shall be 10% of the value of the awarded contract without having any ceiling. For
successful tenderer, EMD should be converted to Security Money which will be
refunded to the firm within 30 days of satisfactory execution of the contract with the
approval of the HOD of MM Deptt./ Head of the Area. For unsatisfactory
performance and/or contractual failure, the security money shall be forfeited.
c. For procurement value less than Rs. 1,00,000/- no earnest money / security
deposit will be required.
d. EXEMPTION FROM EMD: State/Central Govt. Organizations / PSU & valid
DGS&D/NSIC registered firms (registered for the tendered items) are exempted from
submission of EMD.
e. EXEMPTION FROM SECURITY DEPOSIT: State/Central Govt. Organizations /
PSU & valid DGS&D registered firms (registered for the tendered items) are
exempted from submission of Security Deposit. NSIC registered firm shall not be
exempted from SD.

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 and specified in
the contract or supply order or any amendment thereof.

a) Facilities for Test and Examination

The supplier shall, at his own expenses, afford to the Inspector all responsible
facilities and such accommodation as may be necessary for satisfying himself, that
the stores are being and/or have been manufactured in accordance with particulars.
The Inspector shall have full and free access at any time during the execution of the
contract to the suppliers work for the purpose aforesaid, and he may require the
supplier to make arrangement for inspection of the stores or any part thereof or any
material at his premises or at any other place specified by the inspector and if the
supplier has been permitted to employer the services of a sub-supplier, he shall in
his contract with the sub-supplier reserve to the inspector a similar right.

b) Cost of Test
The supplier shall provide without any extra charge, all materials, tools, labour and
assistance of every kind which the inspector may demand from him for any test, and
examination, other than special or independent test, which he shall require to be
made on the supplier’s premises and the supplier shall bear and pay all costs
attendant thereon. If the supplier fails to comply with the conditions aforesaid, the
Inspector shall in consultation with the purchaser, be entitled to remove for test and
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.
c) Delivery of Stores for Test
The supplier shall also provide and delivery for 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 private persons for similar work.

e) Method of Testing
The Inspector shall have the right to put all the stores or materials forming part of the
same or any part thereof to such tests as he may think fit and proper. The supplier
shall not be entitled to object on any ground whatsoever to the method of testing
adopted by the 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
cannot be in accordance with the contract owing to the adoption of any
unsatisfactory method of manufacturer.
(ii) To reject any 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
(iv) To mark the rejected stores with a rejection mark so that they may be easily
identified if re-submitted.

(h) Consequence of Rejection

If on the stores being rejected by the Inspector or consignee at the destination, the
supplier fails to make satisfactory supplies within the stipulated period of delivery, the
purchaser shall be at liberty to:
(i) Allow the supplier to resubmit the stores, in replacement of those rejected, within
a specified time, the suppliers bearing the cost of freight, if any, on such replacement
without being entitled to any extra payment on the account; or
(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
supplier’s 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 provisions of clause 20 shall apply as far as applicable.
(I) Inspector’s Decision as to Rejection Final
The Inspector’s decision as regards the rejection shall be final and binding on the
supplier.

(j) Where under a contract, the price payable is fixed on FOR station of 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 will be notified to the supplier.

(l) Marking of Stores

The supplier shall if so required, at his own expense mark or permit the Inspector to
mark all the approved stores with a recognized Government or purchaser’s mark.
The stores which cannot be so marked shall, if so required by the Inspector, be
packed in suitable package or cases each of which shall be sealed and marked with
such mark.

(m) Removal of Rejection

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

(n) Inspection Notes

On the stores being found acceptable by the Inspector, he shall furnish the supplier
with necessary copies of inspection note duly completed, for being attached to the
supplier’s bill in support thereof.

18. Packing and Transport

(a) It shall be the responsibility of the successful tenderers to arrange for the stores
being sufficiently and properly packed for transport by Rail, Road or Sea as the case
may be so as to their being free from loss or injury on arrival at destination.
The packing of the stores shall be done at the expense of the successful tenderer.
(b) The successful tenderer is responsible for obtaining a clear receipt from the
transport authorities specifying the goods dispatched. He will not book any
consignment on a “said to contain” basis. If he does so, he does it on his own
responsibility. Northern 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 !~contract/supply order.
(d) Packages must be so marked that identification is made easy. Packages will be
stamped with identification marks both outside the packages as well as on the
contents inside.
Packages containing articles liable to be broken by rough handling like glass or
machinery made of cast iron will be marked with cautionary works like ‘Fragile’ ,
‘Handle with care’. Weight of each packages will be marked on the package.
(e) A complete list of contents in each package called the packing list will be
prepared and one copy will be packed in the package itself and another copy will be
forwarded to the consignee in advance.

19. Delivery:
The time for and the date of delivery of the stores stipulated in the ‘Purchase Order’
shall be deemed to be the essence of the contract and delivery of the stores must be
completed by the date specified.

20. In the event of failure to deliver or dispatch 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 of the terms and conditions mentioned
in the supply order, Coal India Limited and / or its subsidiary Companies should have
the right:-
a. To recover from successful tenderer, as agreed liquidated damages, a sum not
less than 0.5% of the price of the any store which successful tenderer has not been
able to supply as aforesaid for each week or part of a week during which the delivery
of such stores may be in arrears limited to 10 %. Where felt necessary the limit of
10% can be increased to 15% at the discretion of Head of the Materials
Management Division
b. To purchase 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 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 extend the delivery period with or without penalty as may be considered fit and
proper. The penalty if imposed shall not be more than the agreed liquidated
damages referred to clause (a) above.
e. To forfeit security deposit in full or part.
f. Whenever under this contract a sum of money is recoverable from and payable by
the supplier, Northern 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 Northern Coalfields Limited. Should this sum be not sufficient to cover the full
amount recoverable, the successful tenderer shall pay to Northern Coalfields
Limited, on demand the remaining balance. The supplier shall not be entitled to any
gain on any such purchase.
21. If the execution of the contract / supply order is delayed beyond the period
stipulated in the contract / supply order as a result of outbreak of hostilities,
declaration of 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 and its subsidiary companies,
the contract / supply order shall be read and understood as if it had contained from
its inception the delivery date as extended.

22. The supplier shall allow reasonable facilities and free access to his works and
records to the Inspector, Progress Officer or such other Officer nominated for the
purpose. Inspector of stores, i.e. supplies made by the successful tenderer against
the supply order mentioned at (15) above, shall be carried out by the Inspector /
Consignee at the Colliery site/ stores or by the Inspecting Wing (inclusive of all its
branch officer) of the DGS&D, New Delhi or any other agency as may be specified in
the supply order. Where necessary, inspection may be carried out at the supplier’s
premises.

23. Coal India Ltd and / or its subsidiary companies do not bind itself to accept the
lowest or any tender and reserves to itself the right of accepting the whole or any
part of the tender or portion of the quantity offered and the tenderer shall supply the
same at the rate quoted.

24. The supplier shall at all times indemnify 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
therefrom.

25. Carrying vessels for Imported Items

In case of machinery imported from abroad, it is preferable that shipment should be
affected in Indian Vessels, wherever possible. Supplies will however not be delayed
on this account.

26. Freight
The stores shall be dispatched at Public tariff rates in the case of FOR station of
dispatch contract and the stores shall be booked at full wagon rates whenever
available and by the most economical route or by the most economical tariff
available at the time of dispatch as the case may be. Failure to do so will render the
supplier liable for any avoidable expenditure causes to the purchaser.
Where alternative routes exist, CIL and or its subsidiary companies shall, if called
upon also to do indicate the most economical route available or name the authority
whose advice in the matter should be taken and acted upon. If any advice of any
such authority is sought his decision or advice in the matter shall be final and binding
on the supplier.
27. Passing of Property
Property in the stores shall not pass to the purchaser unless and until the stores
have been delivered to the consignee or interim consignee as the case may be in
terms of the contract.
28. Laws Governing the Contract
(a) This contract shall be governed by the Laws of India for the time being in force.
(b) Irrespective of the place of delivery, the place of performance of place of
payment under the contract, the contract shall be deemed to have been made at
the place from which the acceptance of tender or supply order has been issued.
(c) Jurisdiction of Courts
The courts of the place from the acceptance of tender has been issued shall alone
have jurisdiction to decide any dispute arising out of or in respect of the contract.
(d) Marking of Stores
The marking of the stores must comply with the requirement of the law 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 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 favour or disfavour to any person in
relation to the contract or any other contract with the Purchaser. Any breach of the
aforesaid condition by the supplier or any one employed by him or acting on his
behalf (whether with or without the knowledge of the supplier) or the Commission of
any offence by the supplier or by any one employed by him or acting on the behalf
under Chapter IX of the Indian Panel Code, 1860 or the Prevention of Corruption
Act, 1947 and any amendments thereto or any other Act enacted for the prevention
of corruption by Public Servants shall entitle Coal India Limited and or its subsidiary
companies to cancel the contract and all or any other contract with the supplier and
to recover from the supplier the amount of any loss arising from such cancellation in
accordance with the provisions of Clause 20.
(b) Any dispute or 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 and 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 if a firm any partner thereof shall at any time be
adjudged insolvent or shall have a receiving order or order of administration of his
estate made against him or shall take any proceeding for composition under any
Insolvency Act for the time being in force or make any conveyance or assignment of
his effects or enter into any arrangements or composition with his creditors or
suspend payment or if the firm be dissolved under the Partnership Act.
b) If the supplier being a company is wound 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-Holders to
appoint a Receiver, Liquidator or Manager.
c) If the supplier commits any breach of the contract not herein specifically provided
for – Provided always that such determination shall not prejudice any right of action
or remedy which shall have accrued or shall accrue thereafter to the purchaser and
provided also the supplier shall be liable to pay to the purchaser for any extra
expenditure he is thereby put to and the supplier shall under no circumstances be
entitled to any gain on repurchase.

31. Terms of Payment:

a. For all stores, 100% payment should be made on receipt of the consignment at
site and acceptance by the consignee as per actual payment term stipulated in the
contract. The number and date of Railway receipt, Bill of Lading, Air Way Bill or
Consignment Note under which the goods charged for in the bill are dispatched by
Railway, ship, Air or Road respectively, and the number and date of the letter with
which such Railway Receipt, Bill of Lading, Air Way Bill or Consignment Note is
forwarded to the consignee should on bill. In the case of stores dispatched by post,
the postal receipt should be attached in original to the bill and its number and date
quoted therein.
b. Payment against the supply orders placed either by the Subsidiary Company or by
CIL shall be arranged by the Subsidiary companies, if not specified otherwise.
Wherever order is placed by CIL on any foreign supplier involving requirement of
more than on subsidiary co., payment shall be arranged by CIL normally through
Letter of Credit.
c. Payment for Agency Commission, if any, involved, may be considered in case of
necessity, subject to compliance of the Government of India Guidelines issued from
time to time. The name of the Indian Agent with their full address and the quantum of
Agency Commission, if any, payable, shall have to be mentioned in the supply order
itself.
d. Payment from CIL may also be considered, if felt necessary, by the CIL
management, even though order is placed against the requirement of one subsidiary
company by CIL.
e. Specific payment term may be formulated in accordance with the provision laid
down (as applicable) at Chapter – IX of the Purchase Manual.

32. Progress Report

a) The supplier shall from time to time render such reports concerning the progress
of the contract and or supply of the stores in such form as may be required.
b) The submission, receipt and acceptance of such reports shall not prejudice the
right of the purchaser under the contract, nor shall operate an estoppel against the
purchaser merely by reason of the fact that he has not taken notice of or objected to
any information contained in such report.

33. All disputes arising out of this contract shall be under the jurisdiction of
Singrauli court only and as per the “law of the land".
 ANNEXURE – H

“Measures / Parameters towards Social Accountability”

We, M/s____________________________________(name of the firm) hereby

certify that the following parameters pertaining to aspects of Social
Accountability are being observed by our firm.

1 Child Labor & Young Workers.

A No Child Labor has been engaged
B No Young Worker has been engaged which was avoidable
C If engaged, there is no violation of NCL’s Young Workers policy
D No work-activity of own operations is hazardous / unsafe to the health &
development of children & Young persons.
2 Forced Labor
A No unwilling person has been engaged through any force.
B No deposits or personal documents have been kept in lieu of employment
C No wage, benefit, or personal documents have been withheld to force an
employee to continue his/her employment
D Right of employees has not been restricted to leave workplace after duty hours,
and to leave employment with due notice.
3 Safe and healthy work environment.
A Workplaces under own control are safe and healthy as per applicable norms
B Required health & safety instructions are regularly given to employees
C Suitable systems are in place to detect, avoid or respond to potential threats to
health & safety in work places under own control.
D Written records of all occurred accidents in places under own control are
maintained
E Contractually required PPE are provided to employees.
F Contractually required first-aid and follow up medical treatment provided to
injured employees.
G Female workers are not exposed to risk their childbearing capabilities?
H Clean toilets, potable water, and hygienic food storage facility are available for
employees
I Dormitory or equivalent facility, if provided, are clean, safe and meet basic
needs of occupants
J Right of employees is not restricted to leave work place without seeking
permission from any other if they see imminent serious danger
4 Freedom of union / association activities
A Right of employees to form union / association as per law is honoured, and no
one is discriminated or penalized for this
B Employees / workers are free to elect their representative as per law
C Right of elected workers’ representatives is not restricted for free access to
their members as per law, and they are not subjected to discrimination,
harassment or retaliation for this.
5 Social and personal equality of employees
a No one is discriminated for employment, remuneration, and service facilities –
based on his/her ethnics/social origin, cast, birth, religion, disability, gender,
sexual orientation, family responsibilities, marital status, union/association
membership, political opinion, age, etc – if otherwise fit and/or suitable.
B No employees is interfered to observe his/her tenets/practices, or obligations of
his/her ethnic/social origin, religion, disability, gender, sexual orientation, family
 responsibilities, union/association membership, political opinion etc.
C Employees are not allowed of any behaviour (including gestures, language and
physical contact)that is threatening, abusive, exploitive, or sexually coercive –
at work place and provided residential facility like dormitory etc.
d Employees are not subjected to pregnancy test or virginity test

6 Dignity of employees
A All employees are treated with due dignity and respect
B No employee is subjected to corporal punishment, mental or physical coercion,
verbal abuse, or harsh or inhuman treatment.
7 Reasonable working hours
A Declared working hours of employees (including weekly offs and holidays) are
in compliance with the applicable rules.
B All overtime work is either voluntary by the concerned employee, or through an
agreement with workers’ union / association / representative

8. Proper Remuneration
A All employees are paid their legal wages / pays as per payment protocol set by
NCL
B Wage/pay of any employee is not deducted for disciplinary purpose, unless
permitted by law and agreed by employee unions/association
C All earnings and deductions of employees are clearly detailed under
salary/wage sheets, and payments are made to employees as per scheduled
arrangement;
D All overtime work is paid at a premium rate as per the applicable law
E All applicable labor and social security obligations (e.g. PF) are fulfilled for all
employees
F Applicable obligations for labor and social security are not circumvented in any
manner

Date Signature of the Tenderer

Seal of the Firm

ANNEXURE – I --- INTEGRITY PACT - NA

 ANNEXURE - J

FORMAT OF BANK GUARANTEE FOR SECURITY

In consideration of M/s. Northern Coalfields Limited ( a subsidiary of Coal India

Limited ) Singrauli PO- Singrauli Colliery , Dist.- Singruali (MP) (hereinafter called the
Company ) having agreed to exempt M/s. ____________________________
from the demand, under terms and conditions of an agreement/order
No.________________________ date _________________________made
between the company and the said contractor(s) for
_____________________________ ( Hereinafter called “ the said description of the
agreement/order”) of security deposit for the due fulfilment by the said contractor(s)
of the terms and conditions contained in the said agreement , on production of a
Bank Guarantee for Rs……………………… (
Rupees…………………………………………. Only).

1. We _________________________________ ( indicate the name of the Bank

with address) ( Hereinafter referred to as “ the Bank”) at the request of the
contractor(s) do hereby undertake to pay to the company an amount not
exceeding Rs. ___________________against any loss or damage caused to
or would be caused to or suffered by the company by reason of any breach by
the said contractor(s) of any of the terms or conditions contained in the said
agreement.

2. We __________________________________ ( indicate the name of the

Bank ) do hereby undertake to pay the amounts due and payable under this
guarantee without any demur, merely on a demand from the Company stating
that the amount claimed is due by way of loss or damage caused to or would
be caused to or suffered by the company , by reason of breach by the said
contractor ( of any of the terms and conditions contained in the said
agreement or by reason of the said contractor (s) failure to perform the said
agreement . Any such demand made on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this guarantee.
However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs___________________

3. We undertake to pay to the company any money so demanded

notwithstanding any dispute or disputes raised by the said contractor (s) in
any suit or proceeding pending before any court or Tribunal relating there to
our liability under this present being absolute and unequivocal. The payment
so made by us under this bond shall be a valid discharge of our liability for
payment there under and the said contractor (s) shall have no claim against
us for making such payment.

4. We_________________________( indicate the name of the Bank ) further

agree that the Guarantee herein contained shall remain in full force and effect
during the period that would be taken for the performance of the said
agreement and that it shall continued to be enforceable till all the dues of the
company under or by virtue of the said agreement have been fully paid and its
claim satisfied or discharged or till the company certifies that the terms and
conditions of the said agreement have been fully and properly carried out by
the said contractor (s) and accordingly discharges this guarantee. Unless a
 demand or claim under this Guarantee is made on us in writing on or before
the ________________ (Date).we shall be discharged from all liability under
this Guarantee thereafter.

5. We_____________________________( indicate the name of the Bank )

further agree with the company __________________________o the
company shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said agreement or to extend time of performance by the
said contractor (s) from time to time or to postpone for any time or from time
to time any of the powers exercisable by the company against the said
contractor (s) and to forbear on enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from our liability
by reason of any such variation , or extension being granted to the said
contractor (s) or for any forbearance, act or omission on the part of the
company or any indulgence by the company to the said contractor (s) or by
any such matter or thing whatsoever which under the law relating to sureties
would, but for would , but for this provision have effect of so relieving us all .
The Bank further agrees that in case this guarantee is required for a longer
period and it is not extended by the Bank beyond the period specified above,
the bank shall pay to the company the said sum of Rs.
_____________________ or such lesser sum as may then due to the
company and the company may demand.

6. This Guarantee will not be discharged due to the change in the constitution of
the Bank or the said contractor (s).
7. The Bank has under its constitution power to give this guarantee and Mr.
______________________ who has signed it on behalf of the Bank have
authority to do so.

8. We, _________________________ lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the
company in writing.

Dated the ………………….day of ……………………………………

Signature of the authorized person

for and on behalf of the Bank
SEAL of the BANK
 ANNEXURE – K

PERFORMANCE BANK GUARANTEE FORMAT

M/s. ___________________________________, a company having its office at

________________________ (hereinafter, called the seller) has entered into a
contract No. _________________ dated. _______________ (hereinafter called
the said contract) with Northern Coalfields Limited (hereinafter called the
purchaser) to supply stores/materials on the term and conditions contained in
the said Contract.

1. It has been agreed that hundred percent (100%) payment of the value of the
order will be made to the Sellers in terms of the said contract on the Seller
furnishing to the purchaser a Bank Guarantee for the sum of Rs.
_________________ equivalent to 10% value of the stores/materials supplied
by the seller as security for the due and faithful performance of the terms of the
said contract and against any loss or damage caused to or would be caused to
or suffered by Purchaser by reason of any breach by the said seller of any of the
terms and conditions contained in the said contract.
The __________________ Bank having its office at
__________________________ has at the request of Seller agreed to give the
guarantee hereinafter contained.
2. We ________________________________ Bank Ltd., do hereby undertake to
pay the amounts due and payable under this guarantee without any demur,
merely on a demand from the purchaser stating that the amount claimed is due
by way of loss or damage caused to or would be caused to or suffered by the
Purchaser by reason of any breach by the said Seller of any of the terms and
conditions contained in the said contract or by reason of the Seller’s failure to
perform the said contract. Any such demand made on the Bank shall be
conclusive as regards the amount due and payable by the Bank under this
guarantee. We shall not withhold the payment on the ground that the Seller has
disputed its liability to pay or has disputed the quantum of the amount or that
any arbitration proceeding or legal proceeding is pending between the
Purchaser and the Seller regarding the claim. However, our liability under this
guarantee shall be restricted to an amount not exceeding
____________________ .
3. We, _____________________________ Bank Ltd., further agree that the
guarantee herein contained shall come into force from the date hereof and shall
remain in full force and effect, during the period that would be taken for the
performance of the said contract and it shall continue to be enforceable till all
the dues of the purchaser under or by virtue of the said contract have been fully
paid and its claims satisfied or purchaser certifies that the terms and conditions
of the said contract have been fully and properly carried out by the said seller
and accordingly discharges the guarantee. Unless a demand or claim under
this guarantee is made on us in writing on or before the ________ (date to be
given) __________ and unless the guarantee is renewed or a claim is preferred
against the Bank within ________ (months from the date of the Bank
Guarantee) we shall be discharged from all liability under this guarantee
thereafter.
4. We, ___________________________ Bank Limited, further agree with the
purchaser, that the purchaser, shall have the fullest liberty, without our
consent and without affecting in any manner out obligations hereunder to vary
any of the terms and conditions of the said contract or to extend the time of
 performance of the said contract from time to time or to postpone for any time or
from time to time any of the powers exercisable by the purchaser against the
seller and to forbear on enforce any of the terms and conditions relating to the
said contract and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said seller or for any
forbearance, act or omission on the part of the purchaser, or any forbearance,
act or omission on the part of the purchaser, or any indulgence by the
purchaser, to the seller or by any such matter or thing whatsoever which under
the law relating to sureties would but for this provision have effect of so relieving
us.
The Bank further agrees that in case this guarantee is required for a longer
period and it is not extended by the Bank beyond then period specified above,
the Bank shall pay to the purchaser the said sum of Rs. ________________
(specify the amount) or such lesser sum as may then be due to the purchaser
and as the purchaser may demand.

5. We, _________________________ Bank Limited, lastly undertake not to

revoke this guarantee during its currency except with the previous consent of
the purchaser, in writing.

6. The bank has under its constitution, power to give this guarantee and Mr.
______________________ Manager, who has signed it on behalf of the Bank
has authority to do so.

This Bank Guarantee will not be discharged due to the change in the
constitution of the Bank or the contractor.
Dated ________________________ day of ________________________ for
____________
___________________________________ Bank Limited

Signature of the authorized person

For and on behalf of the Bank.
SEAL of the BANK
 ANNEXURE-HSN

Sl. NIT item Part No. Description HSN Code Applicable

No. Sl. No. (if (Mandatory Rate of GST
applicable) field) (optional
field )