P.O.

: Jagriti Vihar, Burla Dist : Sambalpur (Orissa) PIN: 768 020

Phone: 0663- 2542926/2542266 Fax: 0663- 2542629 E-mail: gm-tc.mcl@nic.in WEB SITE: mcl.gov.in Dated: 13/06/2011.

Office of the General Manager (TC) NIT No.: MCL/SBP/GM (TC)/NIT-616/2011/227

e-TENDER NOTICE 1. Tenders are invited on-line on the website https://mcltenders.gov.in from the experienced contractors having Digital Signature Certificate (DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of India for the following work: Description of work Estimated Cost of Work (In Rs.) Earnest Money (In Rs.) Application fee (In Rs.) Period of Completion (In Days)

Hiring of Pay Loaders for Mechanical Transfer of coal into Railway Wagons at Spur Siding No. III and IV of Jagannath Colliery, Jagannath Area for a total quantity of 165.00 Lakh Te.

12,30,90,000/-

8,20,600/-

5,000/-

1095

2. Time Schedule of Tender :

SL. No.

Particulars Tender e-Publication date Document download start date Document download end date Bid Submission start date Bid submission end date Start date for seeking Clarification on-line Last date for seeking Clarification on-line Date of Pre-bid Meeting Last date of receipt of Application fee & EMD in case of offline payment through DD/BC/BPO/ BG Technical Bid Opening date

Date 14.06.11 14.06.11 05.07.11 19.06.11 05.07.11 16.06.11 30.06.11 18.06.11 08.07.11 09.07.11

Time 18.00 Hrs 18.30 Hrs 17.00 Hrs 10.00 Hrs 17.00 Hrs. 10.00 Hrs. 17.00 Hrs. 11.00 Hrs. 17.00 Hrs. 11.00 Hrs.

1 2 3 4 5 6 7 8 9 10

3. Deposit of Application fee and EMD :

Application fee and Earnest Money can be deposited in the form of Demand Draft (DD)/ Bankers Cheque (BC)/Bankers Pay Order(BPO) from any scheduled Bank drawn in favour of Mahanadi Coalfields Limited Payable at Sambalpur. EMD can also be deposited in the form of irrevocable Bank Guarantee (BG) from any scheduled Bank, in the format given in the bid document. The validity of such BG should be minimum 28 days beyond the validity of the bid. No BG shall be accepted against Application fee. Alternatively, Bidders can also deposit the Application Fee and EMD through online fund transfer from AXIS Bank to MCL on the e-Procurement portal of MCL.

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In case of offline submission of Application Fee and EMD through DD/BC/BPO/BG, the bidder has to furnish the DD/BC/BPO/BG Number, date of issue, expiry date, amount and name of issuing bank, while submitting the tender on-line. The bidder has to deposit the original DD/BC/BPO/BG against Application Fee & EMD in person or by postal means, which must be received in the office of the General Manager(TC), MCL, HQ on any working day after e-publication of NIT and upto three working days after the last date of submission of bid. The Company shall not be responsible for any postal delay in receipt of Application Fee and EMD. In case the Application Fee & EMD is not received within the aforesaid period, the bid will be outrightly rejected and the bidder will be debarred from participating in future tenders for 6 (Six) months.

The bidders should submit MANDATE FORM for e-Payment alonwith EMD, if not submitted earlier, as per the format given in the bid document at ANNEXURE-II.
4. Pre-bid Meeting: The pre-bid meeting shall be held in the office of General Manager (TC), MCL on the scheduled date & time, if specified in the NIT. The purpose of the pre-bid meeting is to clarify the issues and to answer the questions on any matter that may be raised at that stage. Non-attendance at the pre-bid meeting will not be a cause for disqualification of bidder and it shall be presumed that the bidder does not require any clarification. The management shall not circulate proceedings of the pre-bid meeting. 5. Clarification of Bid: The bidder may seek clarification on-line within the specified period. However, the management will clarify as far as possible the relevant queries. 6. The bidders have to accept the on-line user portal agreement which contains the acceptance of all the Terms and Conditions of NIT and tender document, undertakings and the e-Procurement system through https://mcltenders.gov.in in order to become an eligible bidder. This will be a part of the agreement. 7. Eligible Bidders : The invitation for bid is open to all bidders including an individual, proprietorship firm, partnership firm, company or a Joint Venture having eligibility to participate as per eligibility criteria stipulated in clause No.8 of NIT and having Digital Signature Certificate (DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of India. Note: Joint Venture: Two or three companies/contractors may participate in the tender as Joint Venture (JV). Joint Ventures must comply the following requirements: i). The minimum qualification requirements for Joint Ventures : The qualifying criteria parameters e.g. experience, financial resources etc. of the individual partners of the J.V. will be added together and the total criteria should not be less than as spelt out in qualification criteria. ii). The formation of Joint Venture or change in the Joint Venture character/partners after submission of the bid and any change in the bidding regarding Joint Venture will not be permitted. iii). Joint Venture Agreement should legally bind all partners jointly and severally. iv). The pre-qualification of a joint venture does not necessarily pre-qualify any of its partners individually or as a partner in any other joint venture or association. In case of dissolution of a joint venture, each one of the constituent firms may pre-qualify if they meet all the pre-qualification requirements, subject to written approval of the employer. v). The JV Agreement must include the relationship between joint venture partners in the form of JV Agreement to legally bind all partners jointly and severally for the proposed agreement which should set out the principles for the constitution, operation, responsibilities regarding work and financial arrangements, participation (percentage share in the total) and liabilities (joint and several) in respect of each and all of the firms in the joint venture. Such JV Agreement must evidence the commitment of the parties to bid for the facilities applied for (if pre-qualified) and to execute the contract for the facilities if their bid is successful.

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vi). One of the partners responsible for performing a key component of the contract shall be designated as Lead Partner. This authorization shall be evidenced by a Power of Attorney signed by legally authorized signatories of all the partners. vii). The JV Agreement must provide that the Lead Partner shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the Joint Venture and the entire execution of the contract shall be done with active participation of the Lead Partner. viii).The contract agreement should be signed jointly by each Joint Venture Partners. ix). An entity can be a partner in only one Joint Venture. Bid submitted by Joint Ventures including the same entity as partner will be rejected. x). The J.V. agreement may specify the share of each individual partner for the purpose of execution of this contract. This is required only for the sole purpose of apportioning the value of the contract to that extent to individual partner for subsequent submission in other bids if he intends to do so for the purpose of the qualification in that tender. 8. Eligibility Criteria: A. Work Experience: The intending tenderer must have in its name as a prime contractor experience of having successfully executed works of similar nature valuing 65% of the Annualized Value or Estimated Value whichever is less of the work put to tender in any year (a year in this context is a continuous period of 365 days starting at any date of the year) during last 7 (seven) years ending last day of month previous to the one in which bid applications are invited. (In case the bidder is not a prime contractor but a sub-contractor, the bidders experience as subcontractor will be taken into account if the contract in support of qualification is a sub-contract in compliance with the provision of such sub-contract in the original contract awarded to prime contractor.)

Annualized Value of the work shall be calculated as the Estimated Cost/Period of completion in days x 365
The cost of executed works shall be given a weightage to bring them at current price level by adding 5% for each completed year (total number of days/365) after the end date of experience till one year before the last day of month previous to one in which e-Tender has been invited. The definition of similar work shall be as follows: Loading of coal or any other mineral into Railway Wagons/Tippers /Trucks by mechanical means. In respect of the above eligibility criteria the bidders are required to furnish the following information online: i). Start date of the year for which work experience of bidder is to be considered for eligibility. ii). Start date & end date of each qualifying experience (similar work) iii). Agreement Number/Work Order Number of each experience iv). Work Order Issuing authority of each experience v). Percentage (%) share of each experience (100% in case of an individual/proprietary firm or a partner in a partnership firm and the actual % of share in case of a Joint Venture) vi). Executed Value of work against each experience
Note: In case the bidder is a Joint Venture, the work experience of any or all of the individual partners of JV may be furnished as the work experience of the bidder.

B. Working Capital: Evidence of possessing adequate working capital (at least 20% of the Annualized Value or Estimated Value whichever is less of this work) inclusive of access to lines of credit and

4
availability of other financial resources to meet the requirement. The bidder working capital within three months prior to the date of opening of tender. should possess the

In respect of the above eligibility criteria the bidders are required to furnish the following information on-line: i). Amount of available Working Capital inclusive of lines of credit and availability of other financial resources ii). Date on which the bidder possesses the required Working Capital iii). Name of the Chartered Accountant (CA) issuing the Working Capital certificate iv). Membership Number of the Chartered Accountant v). Date of Issue of Working Capital certificate by CA
Note: In case the bidder is a Joint Venture, the above information in respect of each individual partner of JV will be furnished and the working capital of all partners will be added by the system to calculate the Working Capital of the bidder.

C. Fleet Requirement: Ownership of a fleet of minimum 1/5th of the tipping trucks and equipments required for the Annualized work. The bidder should accept to deploy the balance equipment/fleet if the work is awarded to him. The bidder has to satisfy the Minimum requirement of Fleet/equipment as specified below in terms of Equivalent Capacity with minimum capacity of each equipment/fleet, as specified: The minimum requirement of fleet to be owned by the bidder shall be as follows:
Type of Fleet/ Equipment Measure of Capacity Unit of Capacity Minimum Capacity required for each fleet/equipment 112 Total Equivalent Capacity required to be deployed daily for execution of work 896 Total Equivalent Capacity required to be owned by the bidder 224

Pay Loader

Power

H.P.

The assessed capacity of different types of Fleet/equipments to be considered for evaluation will be as follows:
Sl. No.

1.

Type of Fleet/ Equipment Tipping Truck, Dumper

Assessed Capacity The bidder will furnish the gross weight & unladen weight (In Kg) of each vehicle as recorded in the RC Book. The carrying capacity shall be considered as gross weight minus unladen weight for evaluation. The bidder will furnish the Capacity of each fleet in terms of the Unit as specified in the NIT and the same shall be considered for evaluation. The bidder will furnish the cutting width (In mm) of Surface Miner and the Capacity will be derived as follows : a) for cutting width < 2000 mm, capacity is Nil, b) for cutting width >= 2000mm and < 3000mm, Capacity = 3000 Cum/day c) for cutting width >= 3000mm , Capacity = 6000 Cum/day

2.

3.

Pay-loader, Drill, Dozer, Shovel, Motor Grader, Water Tanker & others Surface Miner

In respect of the above eligibility criteria, the bidders are required to furnish the following information on-line: i) In case of Tipping Trucks, the Gross weight & Unladen weight (In Kg) of vehicle as recorded in the RC Book

ii) In case of Surface Miner, the Cutting width of Surface Miner (in mm) as recorded in the Invoice/Manufacturer Certificate/Brochure

5
iii) In case of other Fleet/equipments, the actual capacity of each fleet as recorded in RC Book/ Invoice /Manufacturer Certificate/Brochure in terms of Unit as specified in the NIT. iv) Registration Number for the vehicles registered under Motor Vehicle Act 1988 including its latest amendments. v) Invoice Number for the vehicles not registered under Motor Vehicle Act 1988 including its latest amendments.
Note : In case the bidder is a Joint Venture, the fleet owned by any or all of the individual partners of JV may be furnished as the fleet owned by the bidder.

D.

Permanent Account Number (PAN): The bidder should possess Permanent Account Number (PAN) issued by Income Tax department, Govt. of India. In respect of the above eligibility criteria the bidders are required to furnish the following information on-line: i). Confirmation of possessing the Permanent Account Number (PAN), in the form of Yes/No.

9. Sub-contractors experience and resources will not be taken into account in determining the bidders compliance with eligibility criteria. 10. Submission of Bid: a. In order to submit the Bid, the bidders have to get themselves registered online on the e-Procurement portal (https://mcltenders.gov.in) with valid Digital Signature Certificate (DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of India. The online Registration of the Bidders on the portal will be free of cost and one time activity only. If the bidder is an individual person then he should register himself under Individual category and if the bidder is a proprietorship firm/partnership firm/Joint Venture/Company then registration should be under Corporate category. The registration should be in the name of bidder, whereas DSC holder may be either bidder himself or his duly authorized person. b. The bidders have to accept unconditionally the online user portal agreement which contains the acceptance of all the Terms and Conditions of NIT including General and Special Terms & Conditions and other conditions, if any, along with on-line undertaking in support of the authenticity of the declarations regarding the facts, figures, information and documents furnished by the Bidder on-line in order to become an eligible bidder. No conditional bid shall be accepted. c. Letter of Bid: The format of Letter of Bid (as given in the NIT at Annexure-V) will be downloaded by the bidder and will be printed/typed on his letter head. This document will be signed by the bidder and the 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. d. Price Bid: The Price Bid containing the Bill of Quantity will be in Excel format and will be downloaded by the bidder and he will quote the rates for all items on this Excel file. Thereafter, the bidder will upload the same Excel file during bid submission in cover-II. The Price Bid will be in Item Rate or Percentage Rate BOQ format and the bidder will have to quote for all the tendered items and the L-1 will be decided on overall quoted value. The Price Bids of the tenderers will have no condition. The Price Bid which is incomplete and not submitted as per instruction given above will be rejected. 11. All bids are to be submitted on-line on the website https://mcltenders.gov.in. No bid shall be accepted off-line. 12. It is the bidders responsibility to comply with the system requirement i.e. hardware, software and internet connectivity at bidders premises to access the e-tender portal. Under any circumstances, MCL shall not be liable to the bidders for any direct/indirect loss or damages incurred by them arising out of incorrect use of the e-tender system or internet connectivity failures. 13. After receipt of Application fee & EMD as stated in clause No.3 of NIT, the Technical-bid will be decrypted and opened on-line, on the scheduled date and after the pre-scheduled time by the Bid Openers with their Digital Signature Certificate (DSC). Thereafter, the Technical-bid shall be evaluated by

6
the system on-line based on the information furnished by bidders on-line in accordance with clause No.8 of NIT (Eligibility Criteria). This on-line evaluation will be validated by MCL. 14. After evaluation of Technical-bid, all the bidders will get the information regarding their eligibility on website. Thereafter, a system generated e-mail confirmation will be sent to all successful bidders communicating the date and time of opening of Price-bid. 15. The Price-bid of the successful bidders (qualified in Technical-bid) will be decrypted and opened on-line, on the scheduled date and after the pre-scheduled time by the Bid Openers with their Digital Signature Certificate (DSC). The bidders will get the information regarding the status of their financial bid and ranking of bidders on website. 16. After opening of Price-bid on-line, the L-1 bidder will have to produce the original documents in support of the information furnished by him on-line, for verification by Tender Committee, alongwith one set of self certified copy of documents, as specified below, on any working day within seven days after the date of opening of price-bid. However, in case of PAN Card and Memorandum & Article of Association with certificate of incorporation containing name of bidder, the submission of original for verification is not required; self certified copy of these documents is sufficient. 17.
Sl No.

Eligibility Criteria Work Experience

(Ref. Clause No.8(A) of NIT)

1.

2.

Working Capital
(Ref. Clause No.8(B) of NIT)

3.

Fleet Requirement
(Ref. Clause No.8(C) of NIT)

Supporting Document (in Original) to be produced by L1 bidder for verification by Tender Committee Satisfactory Work Completion Certificate issued by the employer against the experience of similar work containing all the information furnished by bidder on-line. Certificate of Working Capital issued by a Registered Chartered Accountant containing all the information furnished by bidder on- line. (In case of JV, working capital certificate for each individual partner of JV) 1. For Vehicle covered under Motor Vehicle Act : a. RC Book of vehicle issued by RTO in the name of Bidder. 2. For Vehicle not covered under Motor Vehicle Act: b. Invoice containing name of the bidder as owner and the capacity of fleet/equipment in the specified Unit as furnished by bidder on- line, OR c. Sale deed between the seller and the bidder with the copy of Invoice containing the name of seller as owner and the capacity of fleet/equipment in the specified Unit as furnished by bidder on- line. d. In case of Surface Miner the equipment under hire purchase agreement in the name of bidder will also be considered as owned by the bidder. 3. Any other legal document to prove the ownership of bidder over the fleet. PAN card issued by Income Tax department, Govt.of India (In case of JV, PAN card for each individual partner of JV)

4. 5.

Permanent Account Number

(Ref. Clause No.8(D) of NIT)

6.

7.

8.

Any one of the following document : 1. Affidavit or any other document to prove proprietorship 2. Partnership deed containing name of partners 3. Memorandum & Article of Association with certificate of incorporation containing name of bidder 4. Joint Venture agreement containing name of partners and lead partner, Power of Attorney to the Lead Partner and share of each partner. Digital Signature Certificate If the bidder himself is the DSC holder bidding on-line then no document is (DSC) required. However, if the DSC holder is bidding on-line on behalf of the bidder then the Power of Attorney or any sort of legally acceptable document for the authority to bid on behalf of the bidder. An Affidavit on a non-judicial stamp paper of minimum value of Rs.10 regarding genuineness of the information furnished by him on-line and authenticity of the documents produced by him before Tender Committee in support of his eligibility, as per the format given in the bid document at Annexure-IV. Any other document to support the qualification information as submitted by bidder on-line.

Legal Status of the bidder

In case the L-1 bidder fails to produce the original documents as stated above within the specified period of seven days after the date of opening of Price-bid or if any of the information furnished by L-1

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bidder on-line is found to be false by the Tender Committee during verification of original document, which changes the eligibility status of the bidder, then the tender will be cancelled and re-tendering will be done with forfeiture of EMD and banning of L-1 bidder for one year from participating in future tenders. The original documents as stated above except Affidavit will be returned to L-1 bidder on the same day after verification by Tender Committee and the self certified copy submitted by him shall be retained by the department. 17. One Bid per Bidder: Each Bidder shall submit only one Bid, either individually, or as a partner in a partnership firm or a partner in a Joint Venture or a public limited firm. A Bidder who submits or participates in more than one Bid (other than as a sub-contractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidders participation to be disqualified. 18. Refund of EMD: The Earnest Money will be retained in the case of successful tenderer and refunded within 30 (Thirty) days to the unsuccessful tenderer and will not carry any interest. The unsuccessful bidder for this purpose means the bidders who have not qualified for opening of Price-bid and those who have not emerged as L-1 tenderer after opening of Price-bid. The Earnest Money deposited by the L-1 bidder in the form of DD/BC/BPO shall be adjusted against Performance Security Deposit (PSD). The EMD deposited by the L-1 bidder in the form of Bank Guarantee (BG) will be discharged when the bidder has furnished the required PSD and signed the agreement. 19. Site Visit: The Bidder, at the Bidders own responsibility, cost and risk, is encouraged to visit and examine the Site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for execution of the works. The cost of visiting the Site shall be at the Bidders own expense. It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the working conditions and other prevalent conditions and fluctuations thereto whether he actually visits the site/area or not and has taken all the factors into account while quoting his rates. 20. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of his bid and the Employer will in no case be responsible and liable for those costs. 21. Change in Constitution of the Contracting Agency: Prior approval in writing of the Company shall be obtained before any change is made in the constitution of the contracting agency, otherwise it will be treated as a breach of Contract. 22. Canvassing in connection with the tenders in any shape or form is strictly prohibited and tenders submitted by such tenderers who resort to canvassing shall be liable for rejection. 23. The Price-bids of the tenderers will have no condition. The Bill of Quantity (BOQ) for the tendered work, as available in the website, is to be downloaded by the bidder and the same file after filling of the quoted rates is to be uploaded during bid submission on-line. The Price-bids which are incomplete and not submitted as per instructions given above will be rejected. 24. Bid Validity: The validity period of the tenders shall be 60 (sixty) days from the last date of submission of bid. In exceptional circumstances, prior to expiry of the original time limit, the Employer may request the bidders to extend the period of validity for a specified additional period. The employers request and the bidders responses shall be made in writing. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid but will be required to extend the validity of his bid security/EMD (if submitted in the form of BG) for a period of 28 days beyond the extended validity of the bid. The tenderer shall not, during the said validity period or within the period extended by mutual consent, revoke or cancel his tender or alter the tender or any terms/conditions thereof without consent in writing of the company. In case the tenderer violates to abide by this, the Company will be entitled to take action as per clause No.25 (Modification and Withdrawal of Bid) of the NIT.

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25. Modification and Withdrawal of Bid: Modification of the submitted bid shall be allowed on-line only before the deadline of submission of tender and the bidder may modify and resubmit the bid on-line as many times as he may wish. The bidder may withdraw his bid on-line at any time before the last date and time of submission of bid at his discretion and his EMD will be refunded. However, if the bidder withdraws the bid after the deadline of bid submission, his EMD will be forfeited and other penal actions may be taken against the bidder. In the e-Procurement system, the on-line withdrawal of bid may be done by bidder only before deadline of bid submission. For withdrawal of bid after deadline of bid submission, an off-line request is to be sent by the bidder to General Manager (TC), MCL. The actions which shall be taken in case of withdrawal of bids at different stages of tender, are as indicated below: a. If the withdrawal is on-line within the deadline of bid submission, the EMD will be refunded. b. If the request of withdrawal is received after deadline of bid submission and before opening of technical bid, the bidder will be disqualified and his EMD will be forfeited and the technical-bids of remaining bidders will be opened. c. If the request of withdrawal is received after opening of technical bid and before opening of price bid, the bidder will be disqualified and his EMD will be forfeited and other penal actions may be taken and the Price-bid of remaining bidders will be opened. d. If the L1 bidder withdraws his bid after opening of price bid and before issue of LOA/Work Order, then his EMD will be forfeited and re-tender shall be done in which he/she will not be allowed to participate. e. If the L1 bidder withdraws his bid after issue of LOA/Work Order then his EMD will be forfeited, other penal action may be taken and re-tender shall be done in which he/she will not be allowed to participate. 26. Bid Prices: The Bidders shall offer for the whole work based on the priced Bill of Quantities submitted by the bidder. However, the employer reserves the right to allot part of the work at their discretion and no claims, whatsoever, shall be entertained in this regard. The Bidder shall fill-in rates and prices for all items of the work described in the Bill of Quantities. The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall not be subject to variations on any account except to the extent variations allowed as per the conditions of the contract of the bidding document. The base diesel price will be specified in the BOQ by the company. 27. All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause as applicable on the last date of submission of tender, shall be included in the rates, prices and total Bid price submitted by the Bidder. All incidentals, overheads etc. as may be attendant upon execution and completion of works shall also be included in the rates, prices and total Bid price submitted by the bidder. However such duties, taxes, levies etc. which is notified after the last date of submission of tender and/or any increase over the rate existing on the last date of submission of tender shall be reimbursed by the Company on production of documentary evidence in support of payment actually made to the concerned authorities. Any decrease in duties, taxes, levies etc. as above shall be recovered by the Company. 28. Currencies of Bid and Payment: Indian Rupees only. The unit rates and prices shall be quoted by the Bidder entirely in

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

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

31. Contractors are to employ, to the extent possible, only local Project Affected People and pay wages not less than the minimum wages as mentioned in Point No 11(xi) of General Terms and Condition of Conditions of Contract. 32. If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineers estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed price analysis for any or all items of the Bill of Quantities to demonstrate the internal consistency of those prices with the methods and schedule proposed. 33. Employers Right to Accept any Bid, Negotiate and to Reject any or all Bids: The Employer reserves the right to accept, negotiate or reject any Bid and to cancel the bidding process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employers action. 34. Award Criteria: The Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bidding documents and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be eligible in accordance with the provision of Clause No.7 (eligible bidders) and Clause No.8 (eligibility criteria). 35. Notification of Award and Signing of Agreement: The Bidder, whose Bid has been accepted, will be notified of the award on-line and also by registered post by the Employer prior to expiration of the Bid validity period. The L-1 bidder will get the information regarding award of work on their personalized dash-board on-line. This letter (hereinafter and in the Conditions of Contract called the Letter of Acceptance) will state the sum that the Employer will pay the Contractor in consideration of the execution and completion of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the Contract Price). The notification of award will constitute the formation of the Contract, subject only to the furnishing of a Performance Security/Security Deposit in accordance with Clause-4 of General terms & Conditions of the tender document. The Agreement will incorporate all agreements between the Employer and the successful Bidder within 28 days following the notification of award alongwith the Letter of Acceptance. 36. No subletting of work as a whole by the contractor is permissible. Subletting of work in piece rated jobs is permissible with the prior approval of the department. The Contract Agreement will specify major items of supply or services for which the contractor proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose any addition or deletion from any such list and will submit proposals in this regard to the Engineer-in Charge/Designated Officer-in-charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in-Charge/Designated Officer-in-Charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract. 37. This Tender Notice shall be deemed to be part of the Contract Agreement. 38. The tenderer shall have to ensure implementation of CMPF/EPF, if applicable, in respect of the workers deployed by him. 39. The Company does not bind itself to accept the lowest tender and reserves the right to reject any or all the tenders without assigning any reasons whatsoever and to split up the work between two or more tenderers or accept the tender in part and not in its entirety.

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40. Matters relating to any dispute or difference arising out of this tender and subsequent contract awarded based on this tender shall be subject to the jurisdiction of District Court, where the subject work is to be executed. 41. Integrity Pact: The bidders are required to sign the integrity pact as per format given in Tender Document. ( applicable for tendered value over Rs.5.00 Crore ) Name, address and contact Number of the Independent External Monitor:Sl. No. Name 1. Shri Biranchi Narayan Mishra Address Plot No. 9, Maitree, Janapada, Naharkanta, Bhubaneswar-752101

General Manager (Technical Co-ordination)

Distribution:
1. Shri Biranchi Narayan Mishra, Plot No. 9, Maitree, Janapada, Naharkanta, Bhubaneswar-752101 2. CVO, MCL 3. All CGM (CMC)/GM (CMC), CCL/ECL/BCCL/NCL/NEC/SECL/WCL/Singareni Coalfields Co. Ltd. 4. All CGMs/GMs of the Area They may kindly arrange extra copies of this notice at their end and distribute to all reputed Contractors and display on Notice Board. Copies may be given to SO(M)/ AFM/Dy.GMs/POs of Orient/Ib Valley/Lakhanpur/Basundhara Garjanbahal/Bharatpur/Talcher/ Jagannath/ Hingula/Lingaraj/Kaniha Areas 5. TS to CMD/TS to D(F)/TS to D(T /P&P)/TS to D(T/OP),MCL 6. CGM(F)/GM(F)/GM(C)/GM(Prodn.)/GM(F)IA/Chief of Security, MCL 7. Notice Board.