Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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:
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.
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
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.
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.
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.
Note: Bidders should fill Commercial Parameter Sheet (CPS) first and then
Technical Parameter Sheet (TPS) thereafter.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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
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.
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.
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:
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.
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 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.”
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.
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.
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.
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.
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
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.)
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.
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.
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.
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.
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.
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.
“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”.
“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.”
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
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
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
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.
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.
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