for appointment of a consultant for · 1 सेंट्रल कोलफील्ड्स...
TRANSCRIPT
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सेंट्रल कोलफील्ड्स लललिटेड
CENTRAL COALFIELDS LIMITED
(A Subsidiary of Coal India Limited) A Mini Ratna Cat-I Company
Office of the General Manager (Washery Operation)
DARBHANGA HOUSE, RANCHI-834029, JHARKHAND.
Phone: 0651-2360114 / 8987784143, FAX : 0651-2361400
Website: http://www.centralcoalfields.in,
E-mail : [email protected]
Domestic Open Limited e-Tender Document : with bidders like (i) M/s Project &
Development India Limited(PDIL), Noida (ii) M/s Engineers India Limited(EIL), New Delhi
(iii) M/s MECON, Ranchi (iv) M/s Fertilizers & Chemicals Travancore Ltd.(FACT), (v) M/s
Gujarat State Fertilizer & Chemicals Limited (GSFC), Badodara and (vi) M/s M N Dastur &
Company (P) Ltd.
for
Appointment of a Consultant for “peer review with detailed financial study and vetting
of the Pre-Feasibility Report (PFR) prepared by M/s PricewaterhouseCoopers Pvt. Ltd. (PwC),
Gurgaon for Setting up of Coal Based Methanol/ Ammonia/ Ammonium Nitrate Plant in North
Karanpura Coalfield of Central Coalfields Limited (CCL)”
The work is to be completed within 30 days from issuance of the Letter of Acceptance/
Award (LoA).
General Manager (Washery Operation), CCL/ TIA
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CONTENTS
e-TenderNotice
.................................................................................................................................................6
BACKGROUND: ......................................................................................................................6
1. e-TENDER NOTICE ............................................................................................................. 6
2. TIME SCHEDULE OF TENDER: ........................................................................................ 7
3. DEPOSIT OF EMD: ................................................................................................................8
4. SEEKING CLARIFICATIONS ONLINE: ...........................................................................9
5. ELIGIBLE BIDDERS:.............................................................................................................9
6. ELIGIBILITY CRITERIA: ......................................................................................................10
7. USER PORTAL AGREEMENT AND SUBMISSION OF BID: ...........................................12
8. CONFIRMATORY DOCUMENTS: .....................................................................................13
9. OPENING OF BIDS AND REVERSE AUCTION: ..............................................................15
10. EVALUATION OF TENDER: ..............................................................................................16
11. PROCUREMENT FROM MICRO AND SMALL ENTERPRISES (MSES) .......................17
12. AWARD CRITERIA: .............................................................................................................18
13. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT: ...............................19
14. BID PRICES: ..........................................................................................................................19
15. BID VALIDITY: ....................................................................................................................19
16. MODIFICATION AND WITHDRAWAL OF BID: .............................................................19
17. TENDER STATUS: ...............................................................................................................20
18. REFUND OF EMD TO UNSUCCESSFUL BIDDERS: .................................................... 20
19. SUB-CONTRACTING: ....................................................................................................... 20
20. OTHER CONDITIONS .........................................................................................................21
21. PRE-CONTRACT INTEGRITY PACT: ...............................................................................22
22. MISCELLANEOUS ...............................................................................................................22
Instructions To Bidders (ITB) ...................................................................................................23
1. BACKGROUND.....................................................................................................................23
2. ELIGIBLE BIDDERS ............................................................................................................23
3. QUALIFICATION OF THE BIDDER: ...............................................................................24
4. ONE BID PER BIDDER: ........................................................................................................24
5. COST OF BIDDING: ..........................................................................................................24
6. SITE VISIT: ......................................................................................................................... 24
7. CONTENT OF BIDDING DOCUMENTS: ........................................................................ 24
8. CLARIFICATION OF BIDDING DOCUMENTS: ............................................................ 24
9. AMENDMENT OF BIDDING DOCUMENTS: ................................................................. 25
10. LANGUAGE OF BID: ........................................................................................................ 25
11. BID PRICES ........................................................................................................................ 25
12. CURRENCIES OF BID ....................................................................................................... 26
13. BID VALIDITY: .................................................................................................................. 26
14. BID SECURITY/EARNEST MONEY DEPOSIT: ..............................................................27
15. DEADLINE FOR SUBMISSION OF BIDS: ........................................................................27
16. SIGNING AND SUBMISSION OF BID: ........................................................................... 28
17. EVALUATION AND COMPARISON OF BIDS:................................................................28
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18. ABNORMALLY HIGH RATE & ABNORMALLY LOW RATE ITEMS: ........................28
19. AWARD OF CRITERIA: .................................................................................................... 28
20. EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO REJECT ANY
OR ALL BIDS: ............................................................................................................................28
21. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT. ...............................29
22. PERFORMANCE SECURITY/SECURITY DEPOSIT: ....................................................30
23. LEGAL JURISDICTION .....................................................................................................23
24. E-PAYMENT .........................................................................................................................30
25. INTEGRITY PACT ................................................................................................................30
26. CHANGE IN THE CONSTITUTION OF CONTRACTING AGENCY ...........................30
27. MISCELLANEOUS .............................................................................................................30
Scope of the Work .....................................................................................................................31
1. BACKGROUND AND OBJECTIVE: ................................................................................ 31
2. SCOPE OF WORK: ............................................................................................................. 31
3. GENERAL CONDITIONS:...................................................................................................32
4. APPROACH PLAN: ............................................................................................................32
5. VISIT TO CCL HQ /PROJECT SITE:..................................................................................33
6. KEY DELIVERABLES WITH TIMELINE & PAYMENT SCHEDULE: ........................ 33
General Contract Conditions ................................................................................................... 35
1. DEFINITIONS: ..................................................................................................................... 35
2. ACKNOWLEDGEMENT BY BIDDER .............................................................................. 36
3. CONTRACT DOCUMENTS ............................................................................................... 37
4. DISCREPANCIES AND ADJUSTMENTS THEREOF: .................................................... 38
5. INDEMNITY DAMAGES ................................................................................................... 39
6. GRAFTS AND COMMISSIONS ETC. ............................................................................... 39
7. PERFORMANCE SECURITY / SECURITY DEPOSIT .................................................... 39
8. DEVIATIONS / VARIATIONS IN QUANTITIES: ............................................................ 41
9. PROJECT COORDINATOR ................................................................................................ 42
10. CONSULTANT‟S REPRESENTATIVE .............................................................................42
11. ACCOMMODATION, SITE OFFICE, ELECTRICITY, WATER ETC. ........................... 43
12. EMPLOYMENT OF LABOUR .............................................................................................43
13. SUB-CONTRACTING: ..........................................................................................................44
14. TIME FOR COMPLETION OF CONTRACT ..................................................................... 45
15. LIQUIDATED DAMAGES FOR DELAY IN COMPLETION .........................................46
16. FORCE MAJEURE .............................................................................................................. 47
17. DELAYS BY CCL OR ITS AUTHORIZED AGENT .......................................................48
18. DELAYS NOT ATTRIBUTED TO CONSULTANT ......................................................... 48
19. EXTENSION OF DATE OF COMPLETION ..................................................................... 49
20. TERMINATION, SUSPENSION AND FORECLOSURE OF CONTRACT ....................50
21. COMPLETION CERTIFICATE / DEFECT LIABILITY CERTIFICATE .........................53
22. PRICE VARIATION CLAUSE ............................................................................................53
23. PAYMENT TERMS ...............................................................................................................53
24. PAYMENT SCHEDULE - READ WITH CLAUSE 11 (PRICE BID) OF SECTION-II ... 54
25. TAXES, PERMITS & LICENCE ...........................................................................................54
26. LIMITATION OF LIABILITIES ......................................................................................... 54
27. MERGER, ACQUISITION OR DIVESTITURES OF THE CONSULTANT ....................55
28. GOVERNMENT REGULATIONS & STATUTORY ACTS ............................................. 55
29. INTELLECTUAL PROPERTY RIGHTS ............................................................................55
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30. PROGRESS REPORT ..........................................................................................................55
31. CONFIDENTIALITY ........................................................................................................... 56
32. CONFLICT OF INTEREST ...................................................................................................56
33. INSURANCE ........................................................................................................................ 58
34. ENTIRE AGREEMENT/ WAIVER .....................................................................................58
35. SETTLEMENT OF DISPUTES .............................................................................................59
36. SEVERABILITY: ..................................................................................................................60
(Annexures) ................................................................................................................................ 61
I. MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET BANKING
PAYMENT. ...................................................................................................................................61
II. BANK GUARANTEE FOR PERFORMANCE SECURITY ......................................................62
III. BANK GUARANTEE FOR RELEASE OF RETENTION MONEY/BID SECURITY
DEDUCTED @5% FROM RUNNING BILL.................................................................................64
IV. UNDERTAKING ....................................................................................................................66
V. NON - DISCLOSURE AGREEMENT .....................................................................................67
VI. LETTER OF BID ....................................................................................................................71
VII. UNDERTAKING FOR NO CONFLICT OF INTEREST & NON-
BANNING/BLACKLISTINGOR DELISTING CERTIFICATE.....................................................73
VIII. GENERAL INFORMATION ABOUT THE BIDDER ..........................................................74
IX. DECLARATION .....................................................................................................................75
X. FORMAT FOR AUTHORISATION TO DSC HOLDER BIDDING ONLINE BY THE PERSON
WHO HAS SIGNED LETTER OF BID .........................................................................................76
XI. PROFORMA FOR EXECUTION OF AGREEMENT .........................................................76-77
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Chapter – 1
e-Tender Notice
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सेंट्रल कोलफील्ड्स लललिटेड
CENTRAL COALFIELDS LIMITED
(A Subsidiary of Coal India Limited) A Mini Ratna Cat-I Company
Office of the General Manager (Washery Operation)
DARBHANGA HOUSE, RANCHI-834029, JHARKHAND.
Phone: 0651-2360114 / 8987784143, FAX : 0651-2361400
Website: http://www.centralcoalfields.in,
E-mail: [email protected]
Tender No.: CCL/Washery Oprn/peer review/CTL/01 Date:21.08.2019
BACKGROUND:
Central Coalfields Limited (A Mini Ratna Cat-I Company of Govt. of India) having its
registered office at DARBHANGA HOUSE, RANCHI-834029, JHARKHAND, is inviting Domestic Open
Limited e-tender for engagement of Consultant for “peer review with detailed financial study
and vetting of the Pre-Feasibility Report (PFR) prepared by M/s PricewaterhouseCoopers Pvt.
Ltd. (PwC), Gurgaon for Setting up of Coal Based Methanol/ Ammonia/ Ammonium Nitrate
Plant in North Karanpura Coalfield of Central Coalfields Limited (CCL)”
The work is to be completed within 30 days from issuance of the Letter of Acceptance/
Award(LoA).The consultant should have experience of executing such type of jobs
earlier as per pre qualification criteria defined in the bid document.
Detailed description of the objectives, scope of services, deliverables and other
requirement relating to this consultancy are specified in the Technical Part (Chapter-3).
1. e-TENDER NOTICE: Tenders are invited on-line on the website
https://coalindiatenders.nic.in from the eligible Bidders having Digital Signature
Certificate (DSC) issued from any agency authorized by Controller of Certifying
Authority (CCA), Govt. of India and which can be traced up to the chain of trust to
the Root Certificate of CCA, for the following work:
Description of work
Estimated
cost of
Work
(in Rs.)
Earnest
Money
(in Rs.)
Period of
Completion
(in Days)
Peer review with detailed financial study and vetting of the Pre-Feasibility Report (PFR) prepared by M/s PricewaterhouseCoopers Pvt. Ltd.(PwC), Gurgaon for Setting up of Coal Based Methanol / Ammonia/ Ammonium Nitrate Plant in North Karanpura Coalfield of Central Coalfields Limited (CCL).
6.56 lakh
(six lakhs
& fifty six
thousand
only)
8200.00
(eight
thousand
& two
hundred
only)
30
(thirty)
Note: (i) The estimated cost is exclusive of GST @18% or revised rate or any other
future imposition.
(ii) As the above PFR has been prepared by M/s. PricewaterhouseCoopers Pvt.
Ltd. (PwC), Gurgaon, PwC is not required to participate in the bidding process.
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(iii) The details of the tender will be mirrored in the Central Public Procurement Portal
http://eprocure.gov.in of Govt. of India.
(iv) The complete tender document shall be available on the website of CIL e-
procurement portal (https://coalindiatenders.nic.in) and CCL website
(http://www.centralcoalfields.in).
2. TIME SCHEDULE OF TENDER:
SL.
No. Particulars Date Time
1 Tender e-Publication date 26.08.2019 17.00 hrs
2 Document download start date 27.08.2019 11.00 hrs
3 Document download end date 18.09.2019 17.00 hrs
4 Bid Submission start date 27.08.2019 11.00 hrs
5 Bid submission end date 18.09.2019 17.00 hrs
6 Start date for seeking Clarification on-line 27.08.2019 11.00 hrs
7 Last date for seeking Clarification on-line 06.09.2019 17.00 hrs
8 Pre-Bid meeting date Not Applicable
9 Tender Opening date 20.09.2019 11.00 hrs
Note:
i.If number of bids received online is found to be less than three, then last date of
submission of Bid and Technical Bid Opening date will be extended initially for a
periodof two days ending at 17:00 hrs and if the number of bids still remains less than
three then for another five days ending at 17:00 hrs. The auto-extension shall work on the
basis of number of bids received only. In case of holiday, the due date of opening will be
extended to next working day.
ii.This extension will be also applicable in case of receipt of zero bid or single bid.
iii.In this extended period any new Bidder can submit his tender online. The existing
Bidder(s) will have right to modify / withdraw their bids during extended period of
submission of bids
.
iv.After two extensions (as applicable) as stated above the tender shall be opened
irrespective of available no. of bids on the extended date of opening of tender.
v.If any of the above extended dates falls on Holiday i.e. a non-working day as defined in
the e-procurement portal, then the same will be rescheduled to the next working day.
vi.The validity period of the bid would be decided based on the final end date of
submission of bids.
vii.The auto extension shall work on the basis of number of bids received only (It may
so happen that any of these bids may be eventually rejected during tender.
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opening, technical evaluation or further process of evaluation resulting into total number
of valid bids becoming less than three).
3. DEPOSIT OF EMD:
3.1 A token amount of Rs.8200/- as EMD has to be deposited within the last date and
time for submission of online offer, failing which the online offer will not be considered.
3.2 The bidder will have to make the payment of EMD through ONLINE MODE only. In
Online mode the bidder can make payment of EMD either through net-banking from
designated Bank/s or through NEFT/ RTGS from any scheduled Bank. In case of
payment through net-banking the money will be immediately transferred to CCL‟s
designated Account. In case of payment through NEFT/ RTGS the bidder will have to
make payment as per the Challans generated by system on e-Procurement portal and will
have to furnish online the UTR Number before submission of bid. Bidder will be allowed
to submit his/her bid only when the EMD is successfully received in CCL‟s designated
account and the information flows from Bank to e-Procurement system.
3.3 Freezing of bid can be done only after completion of EMD submission process. The
EMD payment through NEFT/ RTGS mode should be made well ahead of time to ensure
that the EMD amount is transferred to CCL account before bid submission. It is advised
that the payment of EMD should be made at least 2 days prior to due date and time of
submission of tender to avoid any complications in submitting online bid before the
scheduled last date and time of submission.
3.4 In case of online payment of EMD, if the payment is made by the bidder within the
last date & time of bid submission but not received by CCL within the specified period
due to any reason then the bid will not be accepted. However, the EMD will be refunded
back to the bidder.
3.5 Bids submitted without full amount of EMD will be summarily rejected. The net
payment credited to the Employer‟s bank account, should exactly be the same as EMD
amount and if it is found to be less than the stipulated amount, the bid will not be
accepted. Any bid which has not been submitted either with the requisite amount of EMD
or the valid exemption document will not be considered for further evaluation.
3.6 Physical mode of payment, including but not limited to payment through banker
cheques or demand drafts, are not acceptable.
3.7 The bank account used by the bidders for submission of the EMD should remain valid
and available till the complete processing of the tender for refund of the EMD to the
unsuccessful bidders, failing which CCL shall not be liable for the failure to effect auto-
refund of the EMD to the unsuccessful bidders.
3.8 CCL shall not be liable to pay any interest on the amount of Earnest Money Deposit.
3.9 In case of exemption of EMD the scanned copy of document (Attested by Notary
Public) in support of exemption will have to be uploaded by the bidder during bid
submission. Documents for exemption from submission of EMD to be uploaded in the
portal:
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Sl.
No. Category of Bidders
Documents required for exemption of
EMD
1 State/Central Government
Organizations/PSUs
Self- declaration
2 DGS&D/NSIC registered Firms Valid and Complete DGS&D/ NSIC
Registration certificate for the tendered
items attested by Notary Public
3 Micro and Small Enterprises [MSEs] Micro and Small Enterprises (MSEs) as
defined in MSE Procurement Policy issued
by Department of Micro, Small and
Medium Enterprises (MSME) will be
exempted from the payment of earnest
money. Such bidders will have to upload
the scanned copy of the documents in
support of their claim for exemption of
EMD during submission of bid online.
4. SEEKING CLARIFICATIONS ONLINE:
4.1 The bidder may seek clarification online within the specified period. The identity of
the Bidder will not be disclosed by the system.
4.2 CCL shall be entitled to decide whether or not to issue clarification with respect to
the query/ queries received by it. Any clarification issued by CCL shall be binding.
5. ELIGIBLE BIDDERS:
5.1. The Bidder shall be an individual proprietorship firm / partnership firm / Limited
Liability Firm / Public Ltd. / Pvt. Ltd firm or any company registered under the Companies
Act, 1956 or Companies Act, 2013. However, any form of consortium or JV are not
allowed under this Bid.
5.2. Foreign companies may participate in this tender process through their Indian
counterpart, which must be a company registered under the Companies Act, 1956 or
Companies Act, 2013. Further a letter of authority to act as an agent binding to the
Principal, i.e. Foreign Company shall be provided by the agent.
5.3. The Bidder should not be banned or delisted by any Government or Quasi-
Government agencies or any Public Sector Undertakings or others in India.
OR
The Bidder banned by any organization should clearly specify the details for banning or
delisting.
5.4. The Bidder in its name shall have PAN (Permanent Account Number) with Income
Tax Authority in India. The Bidder in its name shall also have GST Registration Number
in India.
5.5. In respect of the above, the Bidders are required to furnish the following information
on-line:
i. Name, address & contact details of the Bidder as registered and its status. ii. Registration No. and Year of registration. iii. Confirmation about blacklisting & conflict of interest of the Bidder. iv. Confirmation about RBI permission in case of foreign entity (please refer 5.2 above). v. PAN and GST Registration Number.
vi. Scanned copy of documents as explained at Clause 8 (Confirmatory documents of e-
tender notice) related to general information of the Bidder.
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vii. Certificate of Registration and /or Trade License.
5.6 As the above PFR has been prepared by M/s. PricewaterhouseCoopers Pvt. Ltd.
(PwC), Gurgaon, PwC is not required to participate in the bidding process.
6. ELIGIBILITY CRITERIA:
6.1. Experience Criteria:
6.1.1. Bidders required to submit Satisfactory Work Execution Certificate for completed
work, issued by the employer against the Experience of similar nature of work containing
all the information as sought on-line.
6.1.2. „Similar nature of works‟ would mean the assignment where the scope of work
would typically comprise of preparation of Pre Feasibility Report(PFR)/Techno Economic
Feasibility Report(TEFR)/ Detailed Project Report(DPR)/ Detailed Feasibility
Report(DER)/ Techno Economic Viability Report(TEVR)/ Conceptual Report(CR) OR
Peer Review of PFR / TEFR /DPR/DFR/TEVR/CR for setting up of either a natural gas
based methanol plant of at least 500 tpd capacity or a surface coal gasification based
methanol plant of at least 1000 tpd or natural gas based ammonia-urea fertilizer plant of at
least 12.0 lakh te per annum capacity or a surface coal gasification based fertilizer plant of
at least 12.0 lakh tonne per annum capacity within last seven year from last date of
submission of bid in past. The executed similar nature of work should be of at least 65% of
the tender value.
6.1.3. „Similar nature of works‟ executed by the bidder must be for non-captive plant(s),
i.e. the bidder should not have controlling stake in the plant(s). A job executed by a bidder
for its own plant / projects shall not be considered as experience for the purpose of meeting
requirement of experience criteria of this tender. However, jobs executed for Subsidiary /
Fellow Subsidiary / Holding company will be considered as experience for the purpose of
meeting experience criteria subject to submission of tax paid invoice(s) duly certified by
Statutory auditor of the bidder towards payments of statutory tax in support of the job
executed for Subsidiary / Fellow Subsidiary / Holding company. Such bidders shall submit
these documents in addition to the documents specified in the Confirmatory Documents to
meet Experience Criteria. In case of Indian bidders, they should be separate entities with
different PAN and GSTN details.
6.1.4. The bidder must have in its name experience of having successfully executed
similar nature of works (as per the definition of „Similar nature of works‟ given above)
valuing 65% of the tender value in any year (consecutive 365 days) during last 7 (seven)
years ending last day of month previous to the one in which bid applications are invited.
6.1.5. „Annualized value‟ of the work shall be calculated as the „(Estimated Cost/Period of
completion in Days) x 365‟.
If the period of work/services is less than 365 days, then required service experience value
and required working capital will be calculated as 65% and 20% of the estimated value
(instead of annualised value) respectively.
The cost of executed works shall be given a simple 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 the last day of month previous to one in which e-Tender has been
invited. In respect of the above eligibility criteria the bidders are required to furnish the
following information on-line: 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 nature) iii. Work Order Number/Agreement Number of each experience iv. Name & address of Employer/Work Order Issuing authority of each experience v. Percentage (%) share of each experience (100% in case of an Individual/proprietorship firm or a partner in a partnership firm). vi. Executed Value of work against each experience.
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6.1.6. The bidder has to submit documents, which should mention the details of assignment
indicating scope (as per the requirement in this tender) carried out along with value of the
Purchase /WORK Order so as to enable CCL to identify whether the bidder meets the
qualification criteria stipulated above or not. In addition to that, the bidder shall also
submit Satisfactory Work Completion Certificate issued by the client on Client’s letter
head indicating (a) Brief scope of work, (b) Contract period, (c) Date of completion, (d)
Work Order reference as relevant, and (e) Value of work executed. Bidders shall also provide Client’s references with contact details like Name, Designation, Address, Contact number and Email ID for each work order being submitted as per above criterion.
6.1.7. Experience for evaluation shall be considered against single / multiple work order(s)
required under Experience Criteria.
6.2. Working Capital:
6.2.1. Evidence of possessing adequate working capital (at least 20% of the „Estimated
value‟ of this work) inclusive of access to lines of credit and availability of other financial
resources to meet the requirement. The bidder should possess the working capital within
three months prior to the date of opening of tender.
6.2.2. Data to be furnished by Bidder 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).
iv. Membership Number of CA who certifies the bidder's working capital on a particular
date.
v. Date of Issue of Certificate
6.2.3. The bidder shall also submit self-certification of being not under liquidation, court
receivership or similar proceedings in support of fulfilling financial criterion.
6.3. 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. ii. Confirmation of possessing the Verifiable Tax Residency Certificate of respective country for branch office / parent / sister / member of same network or member of same global firm.
6.4. Goods and Services Tax (Not Applicable for Exempted Services)
The bidder should be either GST Registered Bidder (but not under composition scheme)
OR GST unregistered Bidder/Dealer.
In respect of the above eligibility criteria the bidder is required to furnish the following
information online:
1. Confirmation in the form of Yes/No regarding possessing of required document as
enlisted in NIT with respect to GST status of the bidder.
2. The following documents depending upon the status w.r.to GST as declared by Bidder
in the BOQ sheet:
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(a) Status: GST registered Bidder (but not under composition scheme):
Document: GST Registration Certificate issued by appropriate authority.
(b) Status: GST unregistered bidder:
Document: A Certificate from a practicing Chartered Accountant having membership
number with Institute of Chartered Accountants of India certifying that the bidder is GST
unregistered bidder/dealer in compliance with the relevant GST rules of India.
Note: (i) If turnover of bidder exceeds exemption limit, the bidder must have GST
registration as per GST Act and rules.
(ii) Details of GST Registration of CCL: 20AAACC7476RHZT.
7. USER PORTAL AGREEMENT AND SUBMISSION OF BID:
7.1. All the bids are to be submitted online and on the website
https://coalindiatenders.nic.in with valid Digital Signature Certificate (DSC). No bid
shall be accepted offline.
7.2. The Bidder shall upload the bids along with all the supporting documents in the e-
Procurement portal within the scheduled date of tender submission. The bidder should
strictly comply with following instructions:
7.2.1. The bidders are requested to submit offers online in two parts in the links Cover-I,
OID and Cover-II.
7.2.2. Two parts of the bid should contain the details as follows:
i. Part-I / Cover-I and OID:
a. Letter of Bid
b. Information on Eligibility/Qualifying criteria as detailed at Clause No. 5&6 including
necessary scanned documents as elaborated there.
ii. Part II / Cover-II: Prices only in the Excel format as indicated in the Bid document.
7.3. 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) issued from any agency authorized by Controller of Certifying Authority
(CCA), Govt. of India and which can be traced up to the chain of trust to the Root
Certificate of CCA. The online Registration of the Bidders on the portal will be free of cost
and one-time activity only. The registration should be in the name of bidder, whereas DSC
holder may be either bidder himself or his duly authorized person. The bidder is one whose
name will appear as bidder in the e-Procurement Portal.
7.4. The bidders have to accept unconditionally the online user portal agreement which
contains the acceptance of all the Terms and Conditions of NIT and Bid document,
undertaking in support of the authenticity of the declarations regarding the facts, figures,
information and documents furnished by the bidder online and e-Tendering system through
e-Procurement Portal of CIL (https://coalindiatenders.nic.in) in order to become an eligible
bidder. No conditional bid shall be accepted. This will be a part of the agreement.
7.5. For online submission of tender, the bidders will have to upload „Letter of Bid‟ and all
the Confirmatory Documents as prescribed in the NIT in Cover-I and only „Price-bid‟ in
Cover-II.
7.6. Letter of Bid: The Letter of Bid ( LOB ) as per the format given at [ Annexure -
VI ] will be downloaded and printed on Bidder‟s Letter head ( duly filled in, signed and
stamped with the seal of the company ) by a person competent and having the “ Authority
” / “ Power of Attorney ” to bind
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the bidder. Scanned copy of such a “Signed & Stamped with the Seal of the Company”
LOB along with “Authority”/ “Power of Attorney” are to be uploaded during bid
submission in Cover-I. This will be the covering letter of the bidder for his submitted bid.
The contents of the “Letter of Bid” uploaded by the bidder must be the same as per the
format downloaded from the website and it should not contain any other information. If
there is any change in the contents of Letter of Bid uploaded by bidder as compared to the
format of Letter of Bid uploaded by the department with NIT document, then the bid may
be liable for rejection.
Note: In case the person who has signed LOB is not bidding himself and has authorised
another person whose DSC is mapped in the name of bidder , to bid online on his behalf ,
then the further authorization on non-judicial stamp paper duly notarized (as per [Annexure
X]) by the person signing the LOB in favour of person bidding online is required to be
uploaded.
7.7. The Letter of bid will be digitally signed by DSC holder submitting bid online.
7.8. Confirmatory Documents: All the confirmatory documents as enlisted in the NIT at
Clause No-8 in support of online information submitted by the bidder are to be uploaded in
cover-I and OID by the bidder while submitting his/her bid.
7.9. Price Bid (Cover-II): The Price Bid containing the Bill of Quantity will be in Excel
format (password protected) and will be uploaded during tender creation. This will be
downloaded by the bidder and he will quote total price (excluding GST) on this Excel file
for entire scope of work considering any number of visits to CCL / project site, etc. as may
be required by them for completion of assignment. Thereafter, the bidder will upload the
same Excel file during bid submission in cover-II. The Price Bid will be in Item Rate BOQ
format. Bid evaluation shall be done after taking into consideration overall quoted price by
bidder and effect of Goods and Services Tax (GST), GST Compensation Cess etc. as
applicable. L-1 will be decided on the basis of overall quoted value (i.e. Cost to Company).
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.
7.10. It is the bidder‟s responsibility to comply with the system requirement i.e. hardware,
software and internet connectivity at bidder‟s premises to access the e-tender portal. Under
any circumstances, CCL 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.
8. CONFIRMATORY DOCUMENTS:
8.1. All the bidders are to submit the information in objective manner confirmed by the
uploaded documents. The documents related to the furnished online information, based on
which the auto evaluation takes place will only be considered. If the bidder uploads any
other document, it will be given no cognizance.
8.2. The following supportive documents of L-1 bidder only, shall be downloaded for
evaluation by the Tender Inviting Authority.
Sl.
No. Eligibility Criteria Scanned copy of documents, to be uploaded in
support of information/ declaration furnished
online by the bidder against Eligibility Criteria as
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Confirmatory Document
1 Work Experience
(Ref. Clause No.6.1 of NIT) Bidders required to submit Satisfactory Work
Execution Certificate issued by the employer
against the Experience of similar nature of work
containing all the information as sought on-line.
2 Working Capital
(Ref. Clause No.6.2 of NIT) Certificate of Working Capital issued by a Practicing
Chartered Accountant having membership number
with Institute of Chartered Accountants of India
containing the information as furnished by bidder
online.
3 Permanent Account Number
(Ref. Clause No.6.3 of NIT) PAN card issued by Income Tax department, Govt.
of India
4 Goods and Services Tax (Not
Applicable for Exempted
Services)
(Ref Clause No 6.4 of NIT)
The following documents depending upon the status
w.r.to GST as declared by Bidder in the BOQ sheet:
a) Status: GST registered Bidder(but not under
composition scheme)
Document: GST Registration Certificate (i.e. GST
identification Number) issued by appropriate
authority of India.
b) Status: GST unregistered bidder:
Document: A Certificate from a practicing Chartered
Accountant having membership number with
Institute of Chartered Accountants of India
certifying that the bidder is GST unregistered bidder
in compliance with the relevant GST rules of India.
Note: If turnover of bidder exceeds exemption limit, the bidder must have GST registration as per GST Act and rules.
5 Legal Status of the bidder Any one of the following document:
1. Affidavit or any other document to prove
proprietorship/Individual status of the bidder.
2. Partnership deed containing name of partners.
3. Memorandum & Article of Association with certificate
of incorporation containing name of bidder.
6 Digital Signature Certificate
(DSC) If the bidder himself is the DSC holder bidding online,
then no document is required.
However, if the DSC holder is bidding online on behalf of the bidder then the Power of Attorney or any sort of legally acceptable document for the authority to bid on behalf of the bidder.
7 Undertaking
A commitment is to be uploaded in the form of
UNDERTAKING on Bidder‟s letter head as per the
format given in the bid document (Annexure-
IV).Undertaking is about the genuineness of information
furnished online, authenticity of scanned copy of
documents uploaded and about other commitments.
8 Authorization from OEM Not Applicable
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9 Letter of Bid (LoB)
The format of Letter of Bid (as given in the NIT at
Annexure-VI) printed on Bidder‟s letter head
10 Micro and Small Enterprises
(MSE)
If the bidder is MSE, they are required to upload all the
required documents as per clause 11 of e-tender Notice.
If the bidder is not MSE, then blank document needs to be uploaded.
11 Mandate Form As per Annexure-I (for electronic fund transfer / internet banking payment)
Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any
additional relevant documents to support the information/declaration furnished online by the
bidder against eligibility criteria may also be attached by the bidder in the same file to be
uploaded against respective eligibility criteria.
8.3. After evaluation of the uploaded documents, confirmatory documents, if required,
may be sought from the L-1 bidder. For this purpose, maximum 2 (two) chances, 1st
chance of 7x24 hours and 2nd
chance of 5x24 hours shall be given.
8.4. If the techno-commercial acceptability of L-1 bidder is established upon verification
of uploaded documents and confirmatory documents if any, the case may be considered
by the tender committee. If the L-1 bidder happens to be defaulter upon verification, the
documents of the next lowest bidder shall be downloaded for evaluation and
confirmatory documents may be obtained if required. This process will continue
sequentially till techno-commercially acceptable L-1 is established.
9. OPENING OF BIDS AND REVERSE AUCTION: REVERSE AUCTION NOT
APPLICABLE. 9.1. Bids [Cover-I & OID (Technical-bid) and Cover-II (Price-bid)] will be decrypted
and opened online by the Bid Openers with their Digital Signature Certificate (DSC) on
the pre-scheduled date & time of tender opening.
9.2. The e-Procurement System will evaluate the Technical bids automatically on the
basis of relevant data provided by bidder through a form in an objective and structured
manner while submitting bid. If the parameter given by bidder in objective and structured
manner does not conform to required eligibility criteria as specified in the tender
document, then the bid will be automatically rejected by the system. The system will
automatically upload the technical opening summary and technical evaluation summary.
Price-bid of such bidders shall not be opened by the system.
9.3. After decryption and opening of bids, the system will show the lowest price (cost to
Company without GST) quoted by L-1 bidder without disclosing (i) the identity of any
bidder, and (ii) the total number of bids received/opened.
9.4. Reverse Auction Process (RAP): NOT APPLICABLE
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10. EVALUATION OF TENDER:
10.1. After opening of tender, the documents submitted by L-1 bidder in Cover-I as
enlisted in the NIT will be downloaded by the Evaluator and shall be put up to the Tender
Committee. The Tender Committee will examine the uploaded documents against
information/declarations furnished by the L1 bidder online. If it confirms to all of the
information/ declarations furnished by the bidder online and does not change the
eligibility status of the bidder, then the bidder may be considered eligible for Award of
Contract.
10.2. In case the Tender Committee finds that there is some deficiency in uploaded
documents by L1 bidder then the same will be specified online by Evaluator clearly
indicating the omissions / shortcomings in the uploaded documents and indicating start
date and end date allowing 1ST
chance of 7 days (7 x 24 hours) and 2nd
chance of 5x24
hours for online re-submission by L1 bidder.
10.3. The confirmatory documents shall not be related to submission of EMD.
10.4. The L-1 bidder will get this information on their personalized dash board under
“Upload confirmatory document” link. Additionally, information shall also be sent by
system generated email and SMS, but it will be the bidder‟s responsibility to check the
updated status / information on their personalized dashboard regularly after opening of
bid. No separate communication will be required in this regard. Non-receipt of e-mail
and SMS will not be accepted as a reason of non-submission of documents within
prescribed time.
10.5. The bidder will upload the scanned copy of all those specified documents in
support of the information/ declarations furnished by them online within the specified
period of 7 days. No modification of the bid or submission of any additional documents,
not specifically asked for by CCL, will be allowed and even if submitted, will not be
considered by CCL.
10.6. If the L1 bidder fails to submit the specified document/s in 7 (seven) days or the
uploaded documents still contain some deficiency, 5 more days (5x 24 hours) of time
may be given by Evaluator for resubmission and indicating start date and end date for
resubmission of such document/s.
10.7. The tender will be evaluated on the basis of documents uploaded by L-1 bidder
online. The L-1 bidder is not required to submit hard copy of any document through
offline mode. Any document submitted offline may not be given any cognizance in the
evaluation of tender.
10.8. In case the L-1 bidder submits requisite documents online as per NIT, then the
bidder will be considered eligible for award of Contract.
10.9. In case the L-1 bidder fails to submit requisite documents online as per NIT or if
any of the information / declaration furnished by L-1 bidder online is found to be wrong
by Tender Committee during evaluation of scanned documents uploaded by bidder,
which changes the eligibility status of the bidder, then his bid shall be rejected and EMD
of L-1 bidder will be forfeited. If such bidder is a EMD exempted bidder, he will be
asked to deposit the equivalent amount within 7 days of notice, otherwise will be
disqualified in the subsequent tender for the item he participates.
10.10. In case the L1 bidder is technically eligible but rejection is due to high rate quoted
by him then the tender shall be cancelled and retendered.
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10.11. In case the L1 bidder is rejected due to noncompliance of Confirmatory
Documents then the L-2 bidder will become L-1 bidder and Confirmatory Documents of
this bidder shall be evaluated by TC and the process shall be followed as mentioned in
Clause no. 10.1 to 10.10 above.
10.12. The process as mentioned at Clause 10.11 shall be repeated at the discretion of
CCL, till the work is either awarded or all the eligible bidders are exhausted.
10.13. In case none of the bidder complies the technical requirement, then re-tender will
be done at the discretion of CCL (with the same or different scope of work, as per the
instant requirement).
10.14. It is responsibility of Bidders to upload legible / clearly readable scanned copy of
all the required documents as mentioned above.
10.15. If the techno-commercial acceptability of L-1 bidder is established upon
verification of uploaded documents and confirmatory documents if any, the case shall be
considered by the tender committee for Award of Contract. If the L-1 bidder happens to
be defaulter upon verification, the documents of the next lowest bidder shall be
downloaded for evaluation and confirmatory documents shall be obtained if required.
This process continues sequentially till techno-commercially acceptable L-1 is
established or all the eligible bidders are exhausted.
10.16. The following penalties shall be imposed on the defaulting bidders:
Situation
Penal Provisions
L-1 bidder is a defaulter
100% of EMD is forfeited.
11. PROCUREMENT FROM MICRO AND SMALL ENTERPRISES (MSES) :
11.1. The MSE (i.e. the lowest service charge quoted MSE) participating in the tender
and quoting service charge within price band of L1+15% will be awarded the work,
subject to the bidder matching their quoted service charge to L1 price in a situation where
L1 price is from someone other than a MSEs and subject to other terms of tender
document.
11.2. In case the lowest service charge quoted MSE is rejected due to non-compliance of
confirmatory documents then the next lowest service charge quoted MSE within price
band of L1+15% will be awarded the work, subject to the bidder matching their quoted
service charge to L1 price and subject to other terms of tender document. This process
shall be repeated till the work is either awarded to MSE bidder or all the MSE bidders are
exhausted.
11.3. Classification of Micro and Small Enterprise are as under:
i. Micro Enterprise - Enterprise where the investment in equipment does not exceed
Rupees Ten Lakhs.
ii. Small Enterprise - Enterprise where the investment in equipment is more than Rupees
Ten Lakhs but does not exceed Rupees Two crores.
11.4. The MSEs should be registered with District Industries Centers (DICs) / Khadi&
Village Industries Commission (KVIC) / Khadi & Village Industries Board (KVIB) /
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Coir Board / NSIC / Directorate of Handicrafts and Handloom or any other body
specified by Ministry of Micro, Small & Medium Enterprises (MoMSME) are eligible
for availing benefits under the Public Procurement Policy for Micro and Small Enterprise
(MSEs) Order, 2012.
11.5. The MSEs are required to submit copy of documentary evidence, issued by their
registering authority whether they are small enterprise or micro enterprise as per
provisions of Public Procurement Policy for Micro and Small Enterprise (MSEs) Order,
2012 with latest guidelines/clarifications provided by MoMSME.
12. AWARD CRITERIA:
The Employer will award the Contract to the Bidder, whose Bid is determined to be
substantially responsive to the Bidding documents and who offers the lowest evaluated
Bid Price, provided that such Bidder has been determined to be eligible in accordance
with the provision of Clause 21
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No.2 of ITB (Eligible Bidders) and Clause No.5 of e-tender Notice (Eligibility Criteria).
Decision of CCL is final and binding.
13. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT:
13.1. The Bidder, whose Bid has been accepted, will be notified of the award online 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
dashboard online. This letter (hereinafter and in the Conditions of Contract called the
„Letter of Acceptance‟) will state the sum that the Employer will pay the Consultant in
consideration of the execution and completion of the Works by the Consultant as
prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).
13.2. The notification of award online will constitute the formation of the Contract.
13.3. The Consultant shall enter into and execute contract agreement in the prescribed
form. The cost of the stamp papers for the contract agreement shall be borne by the
Consultant. Two sets of contract document/agreements shall be prepared and signed by
both the parties One of the sets shall be stamped “Original” and the other “Duplicate”.
The duplicate copy and one additional copy will be supplied to the Consultant free of
cost and the original is to be retained by the Company. For any additional copy,
additional cost to be charged.
13.4. The Agreement will be executed incorporating all agreements between the
Employer and the successful Bidder within 10 (ten) days following the notification of
award along with the Letter of Acceptance and/ or Work Order issued by department.
14. BID PRICES:
14.1. The Bidder 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.
14.2. 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.
15. BID VALIDITY:
15.1. The bid validity period for the tender shall be 120 (One Hundred & Twenty) days
from the last date of submission of bid.
16. MODIFICATION AND WITHDRAWAL OF BID:
16.1. Modification of the submitted bid shall be allowed online only before the deadline
of submission of tender and the bidder may modify and resubmit the bid online as many
times as he may wish.
16.2. Bidders may withdraw their bids online within the end date of bid submission and
their EMD will be refunded. However, if the bidder once withdraws his bid, he will not
be able to resubmit the bid in that particular tender.
16.3. For withdrawal of bid after the end date of bid submission, the bidder will have to
make a request in writing to the Tender Inviting Authority. Withdrawal of bid may be
allowed at the discretion of CCL till issue of work order/LOA with the following
provision of penal action:
i. the EMD will be forfeited and
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ii. the bidder will be debarred for 1(One) year from participating in tenders in CCL /
subsidiaries.
The Price-bid of all eligible bidders including this bidder will be opened and action will
follow as under:
i. If the bidder withdrawing his bid is other than L 1, the tender process shall go on.
ii. If the bidder withdrawing his bid is L-1, then re-tender will be done.
Note: In case of above, a letter will be issued to the bidder by Tender Inviting Authority
with the approval of Tender Accepting Authority (in case Board is Tender Accepting
Authority then with the approval of CMD), stating that the EMD of bidder is forfeited,
and this bidder is debarred for one year from participating in tenders in CCL. This letter
will be circulated to all Areas and CCL HQ. and the updated list will be maintained by all
Tender Inviting Authority/Evaluators.
Penal action against clauses above will be enforced from the date of issue of such order.
17. TENDER STATUS:
It will be the bidder‟s responsibility to check the status of their Bid online regularly, after
the opening of bid till award of contract. Additionally, information shall also be sent by
system generated e-mail and SMS at nodal points (Date of bid opening, Requisition for
Clarification on Confirmatory document from L-1 bidder, Award of work etc.). No
separate communication will be required in this regard. Non-receipt of e-mail and SMS
will not be accepted as a reason of non-submission of Confirmatory documents within
prescribed time. The Tender Status will be in public domain and anyone visiting the site
can view it by identifying the tender.
18. REFUND OF EMD TO UNSUCCESSFUL BIDDERS:
18.1. If EMD is paid by the bidder in online mode (Direct Debit/NEFT/RTGS) then the
EMD of rejected bidders will be refunded at any stage directly to the account from where
it had been received (except the cases where EMD is to be forfeited in terms of this NIT).
18.2. No claim from the bidders will be entertained for non-receipt of the refund in any
account other than the one from where the money is received.
18.3. If the refund of EMD is not received by the bidder in the account from which the
EMD has been made due to any technical reason, then it will be paid through
conventional system of e-payment subject to Bidder submitting necessary proof that
EMD is not received in the account from which EMD has been made. For this purpose, if
required, Tender Inviting Authority will obtain the Mandate Form from the Bidder.
18.4. In case the tender is cancelled then EMD of all the participating bidders will be
refunded unless it is forfeited by the department.
18.5. If the bidder withdraws his / her bid online (i.e. before the end date of submission
of tender) then his / her EMD will be refunded automatically after the opening of tender.
18.6. The EMD of successful bidder (on Award of Contract) will be retained by CCL and
will be adjusted to Performance Security Deposit at bidder‟s option. Alternatively, in
case the successful bidder submits total PSD in the form of BG then the EMD shall be
refunded through e-Payment mode as per mandate form of the bidder.
19. SUB-CONTRACTING:
19.1. Subcontracting / sub-letting of the entire work or any part thereof is prohibited
without the written consent of the CCL and the Owner insists the Consultant to
21
deliver/execute the entire project with its own resources. However, under special
circumstances, subcontracting may be permitted only to the limited extent of specified
part in Scope of Work, specifically mentioned under Clause no. 2.2.A of Chapter 3 with
the consent of the Owner.
19.2. Sub-letting / Sub-contracting of the work is limited to and subject to Clause no.
2.2.A of Chapter 3 and Clause no. 13 of Chapter 4, with the written consent of the CCL.
20. OTHER CONDITIONS
20.1. The terms of this Tender Notice shall be deemed to be part of the Contract
Agreement.
20.2. All the notifications in respect of this tender shall be issued on our website
https://coalindiatenders.nic.in. No separate notification shall be issued through any
other media. Bidders are, therefore, requested to visit website of CIL regularly to keep
themselves updated/informed.
20.3. CCL reserves the right to postpone the date of receipt and opening of bid or to
cancel the tender without assigning any reason whatsoever, and CCL shall bear no
liability, claim or demand whatsoever, consequent upon such a decision.
20.4. CCL reserves the right to reject any or all the bids without assigning any reasons
whatsoever at its sole discretion. Any such action shall not be called upon into question
and the bidders shall have no claim or cause of action in that regard against CCL or its
officers, employees, consultants, agents, successors or assignees for rejection of its bids.
Neither CCL nor its employees or advisers shall entertain any claim of any nature,
whatsoever, including without limitation, any claim seeking costs, expenses or damages
in relation to the preparation or submission of bids.
20.5. The Company does not bind itself to accept the lowest bid and reserves the right to
reject any or all the bid without assigning any reasons whatsoever.
20.6. CCL 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 and CCL is not obliged
to inform the affected Bidder or Bidders of the grounds for the Employer‟s action.
20.7. While the Bid Documents have been prepared in good faith, neither CCL nor its
consultants, officers or employees make any representation or warranty or shall have any
responsibility or liability whatsoever in respect of any statements or omissions here from.
Nothing in the Bid Documents shall be construed as legal, financial or tax advice. Any
liability is accordingly expressly disclaimed by CCL, its consultants, partners, affiliates,
their respective officers, agents and employees even if any loss or damage is caused by
any act or omission on the part of CCL, its consultants, partners, affiliates, their
respective officers, agents or employees, whether negligent or otherwise.
20.8. CCL makes no representation or warranty, express or implied, as to the accuracy,
correctness and completeness of the information contained in the Bid Documents. Each
bidder must conduct its own investigation, due diligence, search and analysis and should
check the accuracy, reliability and completeness of the information and obtain
independent professional advice on the legal, financial, regulatory and taxation
consequences of entering into any agreement or arrangement in relation to the same from
appropriate sources to satisfy itself that the Bid Documents are complete in all respects.
22
20.9. Any tampering with the excel files such as TPS, BOQ, FM documents, which are
downloaded by the bidder from the CIL e-Procurement portal, will be treated as a
Fraudulent Practice and action will be taken accordingly.
20.10. Change in Constitution of the Contracting Agency: Prior information 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 and the works
awarded to the bidder will be terminated by the CCL at its sole discretion and in
furtherance, the action to be taken by CCL in terms of the contract and CCL will have the
rights to take appropriate action.
20.11. Canvassing in connection with the tenders in any shape and/or form is strictly
prohibited and tenders submitted by such tenderers who resort to canvassing shall be
liable for rejection.
20.12. 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 provisions laid
down in Clause 35 of General Terms and Conditions.
21. PRE-CONTRACT INTEGRITY PACT: Deleted
22. MISCELLANEOUS
22.1. The Bidders shall submit its bid in accordance with the terms, conditions and
instructions of NIT mentioned herein, after verifying all the facts relating to contract and
Scope of Works and after being fully aware of the terms and conditions of NIT and being
fully satisfied to the same. The Bidder(s) is debarred from questioning and /or
challenging the terms and conditions of this NIT including its implementation and the
decision of CCL, in any manner whatsoever, as bid will be submitted after understanding
and accepting the same in all respect. It will be deemed that the bidder has perused the
terms and conditions of this NIT before submitting bid and thereby submitted the bid
after understanding and accepting the same in all respect.
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Chapter – 2
Instructions to Bidders (ITB)
1. BACKGROUND
1.1. The Central Coalfields Limited (referred to as Client / Owner / Employer /CCL in
these documents) invites bids for the work(s) as mentioned in the Bid Notice. The
Bidders should submit Bid for all the works mentioned in the Notice.
1.2. The successful Bidder will be expected to complete the Work(s) by the Intended
Completion period specified in the Bid document/Notice. Time is the essence of this
contract.
2. ELIGIBLE BIDDERS
2.1. The Invitation for Bid is Limited open to all Bidders including an individual
proprietorship firm, partnership firm or Limited Liability Partnership firm, Public or
Private Ltd. company registered under Companies Act except any consortium or Joint
Venture company. Foreign Companies may also participate in accordance with the terms
mentioned in Clause 5.2 of Chapter-I herein above. The bidders shall be eligible to
participate only if they fulfill the qualifying/eligibility criteria specified in e-Tender
Notice and at Clause Nos. 5 and 6.
2.2. The bidders shall have Digital Signature Certificate (DSC) issued from any agency
authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be
traced up to the chain of trust to the Root certificate of CCA.
2.3. The bidders have to accept unconditionally the online user portal agreement which
contains the acceptance of all the Terms and Conditions of NIT and ITB, 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.
2.4. Subcontracting / sub-letting of the entire work or any part thereof is prohibited and
the Owner insists the Consultant to deliver/execute the entire project with its own
resources. However, under special circumstances, subcontracting may be permitted only
to the limited extent of specified part in Scope of Work, specifically mentioned under
Clause no. 2.2.A of Chapter 3 with the written consent of the Owner.
2.5. Sub-letting / Sub-contracting of the work is limited to and subject to Clause no. 13 of
Chapter 4.
2.6. No sub-letting / sub-contracting of the work as a whole by the successful bidder is
permissible. Sub-contracting in specified activities may be undertaken as indicated
Clause no. 13 of Chapter 4.
2.7. Prior permission is required to be taken from the principal employer for engagement
of sub-contractors in part work/piece rated work.
2.8. The Bidder should not be banned or delisted by any Government or Quasi-
Government agencies or any Public Sector Undertakings or others in India
OR
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The Bidder banned by any organization should clearly specify the details for banning or
delisting.
3.QUALIFICATION OF THE BIDDER: 3.1 All bidders shall fulfill the eligibility / qualifying criteria as detailed at Clause Nos. 5
& 6 of e-Tender Notice. Such details shall be submitted as prescribed at e-Tender Notice.
3.2 Even though the bidders meet the above eligibility/qualifying criteria, they are
subject to be disqualified at any stage whatsoever if they have made misleading,
fraudulent, incorrect or false representations in the forms, statements, declarations,
certificates and attachments submitted in proof of the qualification requirements.
Notes:
All the documents to be furnished by the bidder to prove that he is satisfying the
qualification criteria laid down in this NIT should be in the bidder‟s very name except in
cases where a mere change of name without change in the identity of the company,
partners of the firm, owners, as applicable, continued to remain the same and in cases of
amalgamation of entities.
4. ONE BID PER BIDDER:
Each Bidder shall submit only one Bid, either individually, or as a partner in a
partnership firm or a Public Ltd./Private Ltd. company or any company registered under
Company Act, except consortiums or Joint Ventures. A Bidder who submits or
participates in more than one Bid will cause all the proposals with the Bidder's
participation to be disqualified.
5. 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 or liable for those costs.
6. SITE VISIT:
6.1. The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit
and examine the Site of Works, if any, connected to the tendered work,. The costs of
visiting the Site and ascertaining/examining the above information and aspects shall be at
the Bidder's own expense.
6.2. It shall be deemed that the Bidder has visited the site/area and he has got fully
acquainted with the working conditions and other prevalent conditions and fluctuations
thereto and all outlook of the Works whether he actually visits the site/area or not and has
taken all the factors into account while quoting his rates.
6.3. The bidder is expected, before quoting his rates, to go through the requirement of
materials / workmanship, specification, other requirements and information, as applicable
and conditions of contract.
6.4. The bidder, in preparing the bid, shall rely on the site investigation report referred to
in the bid document (if available), supplemented by any information available to the
bidder.
7. CONTENT OF BIDDING DOCUMENTS:
The set of bidding documents comprises the documents (all or as available/applicable)
listed in below:
i) e-Tender Notice, ii) Instructions to Bidders, iii) Scope of Work with Special Contract
Conditions, iv) General Contract Conditions, v) e-tender user portal agreement, vi)
Annexures, vii) Bill of Quantities.
8. CLARIFICATION OF BIDDING DOCUMENTS:
25
A prospective bidder requiring any interpretation or clarification of bidding document
may seek clarification online or during pre-bid meeting (if any). The clarifications may
be asked from the next day of e-Publication of NIT. The last date for seeking clarification
will be as specified online. The department will clarify as far as possible only relevant
queries. The clarifications given by department will be visible to all the bidders intending
to participate in bid.
9. AMENDMENT OF BIDDING DOCUMENTS:
9.1. Before the deadline for submission of Bids, the Employer may modify the bidding
documents by issuing addenda.
9.2. Any addendum thus issued shall be part of the bidding documents and shall be duly
displayed in the website. The bidder shall upload/ submit the same during bid
submission.
9.3. To give prospective Bidders reasonable time in which to take an addendum into
account in preparing their Bids, the Employer may extend, as necessary, the deadline for
submission of Bids, in accordance with clause 17 below.
9.4. Bidders are requested to look into website for any addendum as specified in the NIT.
10. LANGUAGE OF BID:
All documents relating to the Bid shall be in the English language only.
11. BID PRICES
11.1. The bidder shall closely study scope of work in detail, which governs the rates for
which he is quoting. The Bidders shall offer for the whole Works as described in NIT,
based on the Bill of Quantities. Based on priced bill of quantities submitted by the
Bidder, the Employer reserves the right to allot whole or part of the work at their
discretion and no claims, whatsoever, shall be entertained in this regard.
11.2. 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/heads/sub-heads on
this excel file as detailed at clause No. 7.9 of e-Tender Notice.
11.3. All investments, operating expenses, incidentals, overheads, leads, lifts, carriages,
tools and plants etc. as may be attendant upon execution and completion of works shall
also be included in the rates, prices and total Bid price submitted by the bidder.
11.4. The rates and prices quoted by the Bidder shall be fixed and firm for the entire
duration of the contract and extended period and shall not be subject to variations or
escalation on any account whatsoever, except to the extent variations allowed by CCL at
its discretion and/or as per the conditions of the contract of the bidding document.
11.5. All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation
Cess (if applicable) only) and other levies, royalty, building and construction workers
Cess (as applicable in States) payable by the bidder/Consultant under the Contract, or for
any other cause as applicable on the last date of submission of Bid, shall be included in
the rates, prices and the total Bid Price submitted by the Bidder. Applicable GST either
payable by bidder or by Company under reverse change mechanism shall be computed
by system in BOQ sheet as per predefined logic.
11.6. However, such duties, taxes, levies etc. which is notified after the last date of
submission of Bid and / or any increase over the rate existing on the last date of
26
submission of Bid shall be reimbursed by the company on production of documentary
evidence in support of payment actually made to the concerned authorities.
11.7. Similarly, if there is any decrease in such duties, taxes and levies the same shall
become recoverable from the Consultant. The details of such duties, taxes and other
levies along with rates shall be declared by the bidder.
11.8. The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies
but excluding GST & GST Compensation Cess, if applicable. The payment of GST and
GST Compensation Cess by service availer (i.e. CCL) to bidder/Consultant (if GST
payable by bidder/Consultant) would be made only on the latter submitting a Bill/invoice
in accordance with the provision of relevant GST Act and the rules made there under and
after online filing of valid return on GST portal. Payment of GST & GST Compensation
Cess is responsibility of the service provider/consultant.
11.9. However, in case bidder/consultant is GST unregistered bidder/dealer in
compliance with GST rules, the bidder/dealer shall not charge any GST and/or GST
Compensation Cess on the bill/invoice. In such case, applicable GST will be deposited by
CIL/Subsidiary directly to concerned authorities in accordance with GST rules /
provisions.
11.10. Input tax credit is to be availed by CIL/Subsidiary as per rule. The amount of
CGST & SGST or IGST, GST (Compensation to State) cess, as indicated in the tax
invoice shall be normally paid only when they appear in GSTR 2A of the CIL/subsidiary
and the bidder has filed valid return in accordance with the applicable provisions of the
GST Laws.
11.11. If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input
services and Capital Goods or the ITC claimed is disallowed due to failure on the part of
supplier/vendor of goods and services in incorporating the tax invoice issued to
CIL/Subsidiary in its relevant returns under GST, payment of CGST & SGST or IGST,
GST (Compensation to State) Cess shown in tax invoice to the tax authorities, issue of
proper tax invoice or any other reason whatsoever, the applicable taxes & Cess paid
based on such Tax invoice shall be recovered from the current bills or any other dues of
the supplier/vendor along with interest, if any.
11.12. 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 and firm for
the entire duration of the contract and extended period and shall not be subject to
variations on any account except to the extent variations allowed by CCL at its discretion
and/or as per the conditions of the contract of the bidding document.
11.13. The Company reserves the right to deduct/ withhold any amount towards taxes,
levies, etc. and to deal with such amount in terms of the provisions of the Statute or in
terms of the direction of any statutory authority and the company shall only provide with
certificate towards such deduction and shall not be responsible for any reason
whatsoever.
12. CURRENCIES OF BID
The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees (INR)
only.
13. BID VALIDITY:
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13.1. The Bid Validity Period will be 120 (one hundred twenty) days from the end date
of bid submission. The validity period of tender shall be decided based on the final -end
date of submission of bids.
13.2. In exceptional circumstances, prior to expiry of the original time limit, the
Employer may solicit the bidders‟ consent to extend the validity for a specified additional
period. The employer‟s request and the bidder‟s responses shall be made in writing. A
bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the
request will not be required or permitted to modify his bid.
13.3. The bidder 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 bidder violates to abide
by this term, the Company will be entitled to take action as per clause No.16
(Modification and Withdrawal of Bid) of the NIT.
14. BID SECURITY/EARNEST MONEY DEPOSIT:
14.1. The bidder shall furnish, as part of his bid, a Bid Security/Earnest Money of the
amount as shown in e-tender Notice and in the form as deliberated at Clause 3 of e-tender
Notice (Deposit of EMD).
14.2. Any Bid not accompanied by an acceptable Bid Security/EMD shall be summarily
rejected by the employer as non-responsive.
14.3. The bid security/EMD, of successful bidder may be retained and adjusted with
performance security / security deposit, at bidder‟s option.
14.4. The Bid Security/Earnest Money may be forfeited:
(a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity /
extended validity with mutual consent; OR
(b) in the case of a successful Bidder, if the Bidder fails within the specified time limit to:
(i) sign the Agreement; OR(ii) Furnish the required Performance Security/ Security
Deposit.
Additionally, the bidder will not be allowed to participate in the re-tender. The company
reserves the right to debar such defaulting Consultant from participating in future bids for
a minimum period of 12 months.
14.5. The Bid Security/ EMD deposited with the Employer will not carry any interest.
15. DEADLINE FOR SUBMISSION OF BIDS:
15.1. Bids shall be submitted online on the web site https://coalindiatenders.nic.in
within the date and time specified in the e-Tender Notice.
15.2. The employer may extend the deadline for submission of bids in accordance with
provisions of e-Tender Notice/ITB, in which case all rights and obligations of the
employer and the bidders previously subject to the original deadline will then be subject
to the new deadline. In exceptional circumstances, prior to expiry of the original time
limit, the Employer may solicit the bidders‟ consent to extend the period of validity for a
specified additional period. The employer‟s request and the bidder‟s responses shall be
made in writing. A bidder may refuse the request without forfeiting his bid security. A
bidder agreeing to the request will not be required or permitted to modify his bid but will
be required to extend the validity of his bid.
28
16. SIGNING AND SUBMISSION OF BID:
16.1. The Letter of bid will be digitally signed by DSC holder submitting bid online.
16.2. Submission of bid shall be as detailed at Clause No.8 of e-Tender Notice
(Confirmatory Documents).
17. EVALUATION AND COMPARISON OF BIDS:
17.1. Evaluation and comparison of Bids will be done by System online. This online
evaluation will be validated by CCL at each stage as deliberated in e-Tender Notice. The
bidder shall also comply with system requirement as deliberated in e-Tender Notice. Bid
evaluation shall be done after taking into consideration overall quoted price by the bidder
and effect of GST etc. as applicable. L-1 will be decided based on Cost to the Company.
17.2. If the Bid of the successful Bidder is seriously unbalanced in relation to the
Company‟s 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.
17.3. After evaluation of the price analysis, the company may require that the amount of
the performance security/security deposit is increased at the expense of the successful
bidder to a level sufficient to protect the company against financial loss in the event of
default or breach on the part of the successful bidder under the contract.
17.4. Additional performance security shall be applicable if the bid price is below 15% of
the justified price, finalized by the owner. The amount of such additional performance
security shall be the difference between 85% of the owner's justified price and quoted
price.
17.5. Such additional performance security shall be applicable for Item-rate and
Percentage-rate Tenders.
17.6. Such additional performance security shall be furnished by bidder along with
normal performance security as per Clause No. 7 of General Contract Condition(GCC) in
Chapter - 4 (Performance Security/Security Deposit). Failure to submit such additional
performance security may result into termination of the contract.
18. ABNORMALLY HIGH RATE & ABNORMALLY LOW RATE ITEMS:
Deleted
19. AWARD CRITERIA:
19.1. Subject to Clause No. 20 hereunder, the Client 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 acceptable Bid Price, provided that
such Bidder has been determined to be:
(a) Eligible in accordance with the provisions of Clause 2 of ITB; and
(b) Qualified in accordance with the provisions of Clause 3 of ITB.
20. EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO
REJECT ANY OR ALL BIDS:
29
20.1. Notwithstanding Clause No.19 hereinabove, 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 Employer's action.
21. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT.
21.1. The Bidder, whose Bid has been accepted in accordance with the terms and
conditions of this NIT, will be notified of the award by the Employer prior to expiration
of the Bid validity period on e-Procurement portal and confirmed by registered/speed
post and/or email. This letter (hereinafter and in the Conditions of Contract called the
"Letter of Acceptance") will state the sum that the Employer will pay the Consultant in
consideration of the execution and completion of the Works by the Consultant 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.
21.2. The Start date for the assignment will be the actual date of starting of work, OR the
10th day from the date of issuance of “LoA”, whichever is earlier. The works should be
completed as per period specified in the NIT, which is essence of the contract.
21.3. The Contract Agreement incorporating all agreements between the Employer and
the successful Bidder, work programme etc. will be executed within 15 (Fifteen) days
following the notification of award along with the Letter of Acceptance and/ or Work
Order issued by department.
In case of failure to enter in to agreement within specified period or extended period on
the written-request of the bidder, if any, the department in addition to other penal
measures as per clause No.14.4 of ITB may debar the selected bidder from participating
in re-tender. In addition, the department may debar the bidder from participating in future
tenders of CCL for at least 12 months.
21.4. In the bidding process, the cause of rejection of Bid of any bidder should be
intimated to non-qualified bidder after the award of the work to the successful one and
the Security/ Earnest Money without any interest shall be refunded to unsuccessful
bidders as per provision of e-Tender Notice.
21.5. The Consultant shall enter into and execute contract agreement in the prescribed
form. The cost of the stamp papers for the contract agreement shall be borne by the
Consultant. Two sets of contract document/agreements shall be prepared and signed by
both the parties. One of the sets shall be stamped "Original" and the other "Duplicate".
The duplicate copy will be supplied to the Consultant free of cost and the original is to be
retained by the company/CCL. For additional copy, cost to be charged.
21.6. All additional copies should be certified by the Designated Officer of the
Owner/CCL.
The Consultant shall keep copy of these documents on the site/place of work in proper
manner so that these are available for inspection at all reasonable times by the Engineer-
in-charge, his representatives or any other officials authorized by the company for the
purpose.
The contract documents shall not be used by the Consultant for any purpose other than
this contract and the Consultant shall ensure that all persons employed for this contract
strictly adhere to this and maintain secrecy/confidentiality, as required of such
30
documents. 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 provisions laid
down in Clause 35 of General Contract Conditions in Chapter- 4 (Settlement of
Disputes).
22. PERFORMANCE SECURITY/SECURITY DEPOSIT:
22.1. Security Deposit shall consist of two parts:
(a) Performance Security to be submitted at award of work as specified in Clause 7.3 of
GCC- Chapter- 4 and
(b) Retention Money to be recovered from running bills as specified in Clause 7.7 of
GCC- Chapter- 4.
22.2. The security deposit shall bear no interest.
22.3. For details, please refer to Clause No. 7 of General Contract Conditions.
23. LEGAL JURISDICTION
Matter relating to any dispute or difference arising out of this bid and subsequent contract
awarded based on the bid shall be subject to the jurisdiction of Hon‟ble High Court,
Ranchi only where the subject work is to be executed.
24. E-PAYMENT
24.1. The bidders will be required to submit a Mandate Form duly signed by bidder and
the Bank Officials for e-Payment.
24.2. The bidders have to furnish the details of their bank A/c Nos. Name and Address of
the Bank and Branch Code/ IFSC Code along with the Bid. Enclosed Annexure-I
mandate form be filled in and submitted along with the Bid.
25. INTEGRITY PACT:Deleted
26. CHANGE IN THE CONSTITUTION OF CONTRACTING AGENCY
Prior approval in writing of the Company shall be obtained, before any change is made in
the constitution of the contracting agency and/or change of ownership, otherwise it will
be treated as a breach of contract.
27. MISCELLANEOUS
27.1. The bidders should fill the bid document properly and carefully. They should avoid
quoting absurd rates.
27.2. Throughout the bidding documents, the terms „bid‟ and tender and their derivatives
are synonymous.
27.3. The bidder shall submit his bid after being fully aware of and understanding the
terms and conditions of this NIT and /or being fully satisfied to the same and accepting
the same in all respect.
27.4. The Bidder is debarred from questioning and /or challenging the terms and
conditions of this NIT including its implementation and the decision of CCL.
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Chapter – 3 Scope of the Work
1. BACKGROUND AND OBJECTIVE:
Central Coalfields Limited (A Miniratna Cat-I Company of Govt. of India) having its registered
office at DARBHANGA HOUSE, RANCHI-834029, JHARKHAND, is inviting Domestic Open Limited e-
tender for engagement of Consultant for “peer review with detailed financial study and vetting
of the Pre-Feasibility Report (PFR) prepared by M/s PricewaterhouseCoopers Pvt. Ltd. (PwC),
Gurgaon for Setting up of Coal Based Methanol/ Ammonia/ Ammonium Nitrate Plant in North
Karanpura Coalfield of Central Coalfields Limited (CCL)”
The work is to be completed within 30 days from issuance of the Letter of Acceptance/
Award(LoA).
The consultant should have experience of executing such type of jobs earlier as per
pre qualification criteria defined in the bid document.
2. SCOPE OF WORK: 2.1. Brief Scope of Work of the Consultant:
“peer review with detailed financial study and vetting of the Pre-Feasibility Report (PFR)
prepared by M/s PricewaterhouseCoopers Pvt. Ltd. (PwC), Gurgaon for Setting up of Coal
Based Methanol/ Ammonia/ Ammonium Nitrate Plant in North Karanpura Coalfield of Central
Coalfields Limited (CCL)”
In addition to above any other work required for proper execution of the job will be
deemed to be included in the scope of work.
32
3. GENERAL CONDITIONS: 3.1. Scope of work as outlined in this chapter is to be compulsorily fulfilled. Submission
of the bid will be deemed as acceptance of all the terms and conditions as outlined.
3.2. No consulting firm should modify / alter / change / reframe any of the conditions/
scope of work as outlined before or after submission of the bid. Any such attempt shall
disqualify the participation of Consultant in this bid.
3.3. The Consultant should discuss their findings, observations, analysis and their
suggested strategies with Client officials either over conference calls or through meetings
in person during all stages in the course of the assignment.
3.4. deleted
3.5. Any information used by the consulting firm, to arrive at a decision in respect of this
project work, which is proprietary to the consulting firm and cannot be shared/ given to
the CCL should be clearly brought out prior to submission of the bid. CCL reserves the
right to disqualify the consulting firm on this ground.
3.6. The Consultant would need to complete the assignment in the stipulated time span
from the date of issuance of Letter of Acceptance.
3.7. The Consultant must ensure the confidentiality of the information supplied by CCL
and take necessary care to protect the confidentiality. Any mandatory disclosures by any
government authorities and/or in terms of the direction of the court of law should be
promptly intimated to CCL in writing.
3.8. The Consultant must ensure that their recommendations / suggestions to CCL are
such that they enable/ facilitate decision making in the matter.
3.9. The Consultant shall perform and complete the Work as stipulated in Clause 6.1
within time, in accordance with standards of care, skill and diligence consistent with (a)
recognized and sound consulting practices, procedures and techniques; (b) all applicable
laws and regulations; (c) the degree of knowledge, skill and judgement normally
exercised by professional firms and individuals with respect to services of similar nature.
3.10. The Consultant shall be required to attend the Board meeting and/or any other
meeting /or discussion at the CCL HQ as and when called for by the CCL with prior
written intimation, as mentioned in Clause 5 hereinafter.
4. APPROACH PLAN: 4.1. Upon award of job i.e after signing of the contract, a consolidated point-wise
questionnaire related to consultancy shall be prepared by Consultant and sent preferably
within 10 (ten) days to the Owner/CCL. The Owner shall submit the data / information to
the Consultant either in one complete submission or in parts depending on its availability.
33
4.2. The Consultant is advised to visit the site within 10 (ten) days for kick off meeting
with Owner to finalize the scope, methodology and collection of necessary
data/information. Collected data / information will be reviewed and analyzed by the
Consultant for execution of work.
4.3. Deleted
4.4.Deleted.
4.5. Deleted
4.6. Deleted.
4.7. Deleted.
4.8. Deleted
4.9. Deleted
4.10. Deleted.
5. VISIT TO CCL HQ/project Site: The bidder will have to quote for total price (excluding GST) for entire scope of work
considering visits to CCL HQ as required by them for completion of assignment. The
Consultant will have to arrange themselves for visiting Project Site /CCL office for
presentation before CCL Board, etc. The requirement of visits is expected for following
purposes, though they are not exhaustive:
i. Kick-off meeting at CCL HQ and visit to site.
ii. Deleted
iii. Deleted.
iv. Deleted.
v. Deleted.
vi. To attend the meeting /discussion as and when called for by CCL with prior written
intimation, to discuss any report submitted by the Consultant in terms of the Scope of
Work.
vii. To attend the meeting /discussion as and when called for by CCL with prior written
intimation, to discuss the Progress Report and to discuss the other aspects of the work
including the balance works to be done.
viii. To attend the Board meeting of CCL as and when called for by CCL with prior
written intimation, to discuss the works and/or apprise the higher authorities of CCL with
regard to status of the work.
6. KEY DELIVERABLES WITH TIMELINE & PAYMENT SCHEDULE: 6.1. The completion period or delivery schedule for the entire scope of work as provided
in the contract shall be 30 days from the date of commencement of work. Subject to
terms of this NIT, the overall work completion period shall remain conserved without
any alteration whatsoever. An indicative activity chart and payment schedule has been
given in Table below:
34
SL NO Name of Activity Time Line for submission
of Report
% payment
1.
On submission of Draft report 20 days from signing of
agreement and handing
over of Soft copy of PFR
prepared by M/s PwC
25% of the
total awarded
Value
2. On final acceptance of report by
CCL
30 days from signing of
agreement and handing
over of Soft copy of PFR
prepared by M/s PwC
75% of the
total awarded
Value
Total=30 Days
The above payments will be made after successful completion of the above activities and
production of bills by the Consultant to CCL. GST / GST Compensation Cess will be
made to the consultant as per clause no. 11.8 of Chapter 2 of the NIT.
6.2.Deleted.
6.3. Liquidated damages shall be levied in accordance with Clause 15 of Chapter- 4
(General Contract Conditions) only for delay in completion of final activity, due to the
reasons solely attributable to the Consultant.
6.4. The Consultant is expected to strictly adhere to the activity schedule. If felt utmost
necessary, the consultant in discussion with the Client may reschedule the completion
period of intermediate activities without failing to meet the overall work completion
period. However, while doing so, the same should not lead to any reduction in time
period envisaged for activities to be completed by the Client. This revised activity
schedule also be a part of agreement. However, any such revision made be inconsistent
with or derogation from original scope of work.
6.5. The payment schedule for part or full completion with respect to any of the activities
indicated in table above shall not be changed. The part or complete payment towards any
activity shall be made after successful completion of corresponding part of that activity.
6.6. The Revised Activity Schedule, which shall not form any radical changes and shall
not be in derogation of the original Scope of Work, shall be decided by CCL at its
discretion as instruction to the Consultant as indicated in Clause - 8 of Chapter 4 and the
Consultant shall perform the same, on the same terms and conditions and at the same
rate. The Revised Activity Schedule, if any, shall be a part of Agreement.
6.7. The Works under this contract shall be performed by the Consultant in consistent
with (i) the standards and practices observed by a consultant on projects of similar size
and importance, and (ii) the interests of Owner relating to quality, timely completion and
economics. The Works shall be performed and executed in a professional manner. The
Consultant shall be solely responsible for all works, methods, diligence, techniques,
sequences and procedures relating to the proper execution and completion of the Work
within time.
6.8. The Consultant (i) agrees to furnish its best skill and judgment in connection with the
Work and (ii) agrees to cooperate with Owner and its Designated Officer or Project
Coordinator or other authorized persons, all in the interests of the timely and economic
completion of the Work.
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Chapter –4
General Contract Conditions (GCC)
CONDITIONS OF CONTRACT
GENERAL CONTRACT CONDITIONS (GCC)
1. DEFINITIONS: i. “Accepting authority' shall mean the management of the company and includes an
Designated Officer and/or authorised representative of the company or any other person
or body of persons empowered in this behalf by the company.
ii. “Act of insolvency” means the Insolvency and Bankruptcy Code of India, 2016 and/or
any other act of Insolvency and Bankruptcy and/or any act amending such originals.
iii. "Company" or “Client” or "Employer" or "Owner" wherever occurs in the
conditions, means the Central Coalfields Limited, represented at the headquarters of the
Company by the Chairman-Cum-Managing Director or his Designated Officer or
authorised representatives or any other officer specially deputed for the purpose.
iv. “Contract” shall mean Letter of Acceptance by CCL and acknowledgement by
Consultant/ successful Bidder together with tender documents, corrigendum &
amendments referred to therein including conditions of contract, scope of work and the
formal agreement executed between CCL and the Consultant.
v. “Contract Agreement” means the agreement to be entered into between CCL/Owner
and the Contractor using the format of Contract Agreement contained in the Bid
Documents and mentioned in Clause 3 hereinafter. The date of the Contract Agreement
shall be recorded in the signed form.
vi. “Contract price” shall mean the total sum (excluding service tax or GST [as
mentioned in Clause 11 of Chapter- 2 (ITB)] for which tender is accepted by CCL.
vii. “Contract Period” is the time period in days, during which the Contract governs the
relations and obligations of the Owner and the Consultant in relation to the project
activities and consultancy services for the proposed job.
viii. “Completion period” shall mean the time required for execution of the contract
starting from the date of award of the contract and ends on the date of acceptance of the
documents by CCL in accordance with the terms hereof [as mentioned in Clause 6.1 of
Chapter- 3 (Scope of Works)].
ix. "Consultant" wherever occurs means the successful Bidder/Bidders who has/have
deposited the necessary Earnest Money and has/have been given written intimation about
the acceptance of tender and shall include legal representative of such individual or
persons composing a firm or a company or the successors and permitted assignees of
such individual, firm or company, as the case may be and any constitutional, or otherwise
change of which shall have prior approval of the employer.
x. “Designated Officer” is the officer of an appropriate seniority who will be
responsible for supervising and administering the contract. He will be responsible for
certifying payment due to the Consultant, valuing variations to the contract, awarding
extension of time and valuing compensation events. Designated Officer may further
appoint his representatives i.e. another person/ Project Manager or any other competent
person and notify to the contractor who is directly responsible for supervising the work
being executed at the site, on his behalf under the Delegation of Powers of the company.
However, overall responsibility, as far as the contract is concerned, will be that of the
Designated Officer.
36
xi. “Department” or “Division” means the Central Coalfields Limited, Washery
Operation Department.
xii. “Day” shall mean a calendar day of the Gregorian calendar from midnight to
midnight.
xiii. “Effective Date of Contract” means the date of Letter of Acceptance unless
otherwise provided in the Letter of Acceptance issued by CCL.
xiv. “Final Acceptance” shall mean the Employer written acceptance of the final report
performed under this contract after successful completion of work/study.
xv. “Letter of Acceptance” of the tender shall mean the official notice issued by CCL
notifying the Bidder that his tender has been accepted and awarded.
xvi. “Month” means continuous period of thirty (30) days.
xvii. "Principal Employer" wherever occurs, means the authorised representative or any
other officer specially deputed by the Company for the purpose.
xviii. “Schedule of Rates” referred to in these conditions shall mean the standard
schedule of rates prescribed by the company and the amendments issued from time to
time.
xix. “Scope of Work” shall mean the Works to be performed and done by the Consultant
under the contract as defined in Chapter.
xx. "Site" shall mean the existing coking coal washeries of CCL of, and such other
office, land, buildings or places as may be specified by the Owner in the Contract as
forming part of the Site.
xxi. “Sub-contractor” means the person or entity to whom any part of the Services is
sub-contracted by the Contractor with the consent of the Owner in writing.
xxii. “Week” means continuous period of seven (7) days, usually understood as
beginning with Monday and ending with Sunday.
xxiii. “Written notice” shall mean a notice or communication in writing and shall be
deemed to have been duly served if delivered in person to the individual or to a member
of the firm or to an office of the Corporation/Company for whom it is intended, or if
delivered at or sent by registered mail to the last business address known to him who
gives the notice.
xxiv. “Work” shall mean the works required to be executed in accordance with the
contract or parts thereof as the case may be and shall include all extra or additional or any
work of emergent nature, which in the opinion of the Designated Officer, become
necessary during the progress of the works to obviate any risk or accident or failure or
become necessary for security.
xxv. “Year” means continuous period of three hundred sixty-five (365) days.
xxvi. “Zero Date” means Start date for the assignment, which will be the actual date of
starting of work, OR the 10th day from the date of issuance of LoA, whichever is earlier.
xxvii. Words importing singular only shall also include the plural and vice-versa where
the context so requires.
2. ACKNOWLEDGEMENT BY BIDDER 2.1. It shall be deemed that by submitting the Offer, the bidder has:
a. made a complete and careful examination of the entire tender document;
b. received all relevant information requested from the Authority;
c. acknowledged and accepted the risk of inadequacy, error or mistake in the information
provided in the NIT document or furnished by or on behalf of the Authority or relating to
any of the matters referred to during Pre-Bid meeting;
37
d. satisfied itself about all matters, things and information, including matters referred to
during seeking clarification online, necessary and required for submitting an informed
Application and performance of all of its obligations thereunder;
e. acknowledged that it does not have a Conflict of Interest; and
f. agreed to be bound by the undertaking provided by it under and in terms hereof.
g. understood the laws, rules and regulations involved in performance of the works in
terms of the contract including but not limited to the provisions mentioned in Clause 12
hereinafter and agreed to comply with all such laws, rules and regulations in all manners
and agreed to comply with all statutory compliances and submit returns with the relevant
authorities within the time.
h. agreed to complete the work stipulated in Clause 6.1 of Chapter- 3 and including
Revised Activity Schedule under clause 6.4 of Chapter 3 therein within the stipulated
time at the fixed rate and on the terms and conditions of NIT document.
i. understood and accepted that the time is the essence of this contract and it shall
complete the works including revised activity schedule within the stipulated time and
abide by the terms and conditions.
j. has conducted its own investigation, due diligence, search and analysis and checked the
accuracy, reliability and completeness of the information and obtained independent
professional advice on the legal, financial, regulatory and taxation consequences of
entering into any agreement or arrangement in relation to the same from appropriate
sources to satisfy itself that the Bid Documents are complete in all respects.
k. has accepted the terms and conditions of the contract before submitting the bid and
agreed not to challenge the same including implementation and decision of CCL in any
manner whatsoever.
l. agreed to indemnify and hold harmless the Owner, its subsidiaries and their respective
employees, officers and agents from and against any and all suits, actions or
administrative proceedings, claims demands, losses, damages, costs, charges and
expenses of whatsoever nature and description brought or recovered against him or the
Owner, in addition to any indemnity provided by law, as provided hereinafter, and to
execute the appropriate bond.
m. agreed and confirmed that there is no conflict of interest as provided in Clause 32 of
Chapter-4 hereinafter.
2.2. The Employer shall not be liable for any omission, mistake or error on the part of the
Bidder in respect of any of the above or on account of any matter or thing arising out of
or concerning or relating to NIT document or the Selection Process, including any error
or mistake therein or in any information or data given by the Employer; and the
Consultant undertakes not to raise any dispute and/or challenge in this regard.
3. CONTRACT DOCUMENTS 3.1. The term Contract Document shall mean and include the following which shall
essentially form an integral part of the Contract:
a) Notification of Award / Letter of Award duly accepted by the Consultant together with
its amendments, if any;
b) Section- I; e-Tender Notice (NIT) including subsequent corrigendum/amendments/
clarifications, if any;
c) Section-II; Instructions to Bidders (ITB) including subsequent
corrigendum/amendments/ clarifications, if any;
d) Section-III; Technical Specifications & Special Condition of Contract (SCC) including
subsequent corrigendum/amendments/ clarifications, if any;
38
e) Section-IV; General Contract Condition (GCC) including subsequent
corrigendum/amendments/ clarifications, if any;
f) Letter of Bid along with applicable Appendices / Annexure(s)/ Attachments, etc;
g) The Contract Agreement;
h) User Portal Agreement;
i) Integrity Pact - Deleted, and
j) Non-Disclosure Agreement.
k) Agreements and documents executed between the parties in terms of NIT document
and/or supplementary agreement, if any and revised work order.
l) Revised Activity Schedule;
3.2. In the event of any ambiguity, discrepancy or conflict in any document or documents
forming part of the Contract, the decision/clarification of the Owner shall be final and
binding with regard to the intention of the document or Contract, as the case may be and
same shall be accepted by the Consultant.
3.3. The Consultant shall enter into and execute contract agreement in the prescribed
form. The cost of the stamp papers for the contract agreement shall be borne by the
Consultant. Two sets of contract document/agreements shall be prepared and signed by
both the parties. One of the sets shall be stamped "Original" and the other "Duplicate".
The duplicate copy will be supplied to the Consultant free of cost and the original is to be
retained by the company. For additional copy, cost to be charged.
3.4. The Consultant shall not, without the Owner‟s prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or
information furnished by or on behalf of the Owner in connection therewith, to any
person other than a person employed by the Consultant in the performance of the
Contract.
3.5. The Consultant shall ensure that all persons employed for this contract strictly adhere
to this and maintain secrecy and/or confidentiality, as required of such documents.
Disclosure to any such employed person shall be made in good faith, confidence and
shall extend only as far as may be necessary for purposes of performing the Contract.
4. DISCREPANCIES AND ADJUSTMENTS THEREOF: 4.1. The documents forming part of the contract are to be treated as mutually explanatory
of one another.
4.2. In the event of varying or conflicting provisions made in any of the
document/documents forming part of the contract, the 'Accepting Authority's
decision/clarification shall hold good with regard to the intention of the document or
contract, as the case may be and same shall be accepted by the Consultant.
4.3. Any error in description, quantity or rate in schedule or quantities or any omission
there from, shall not vitiate the contract or release the Consultant from discharging his
obligations under the contract including execution of work according to the specifications
forming part of the particular contract document.
4.4. Any difference detected in the tender/tenders submitted, resulting from:
a. discrepancy between description in words and figures the rate which corresponds to
the words shall be taken as correct.
b. discrepancy in the amount quoted by the Consultant due to calculation mistake of the
unit rate and quantity, the unit rate shall be regarded as firm and amount corrected.
c. discrepancy in totalling or carry forwards in the amount quoted by the Consultant shall
be corrected.
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4.5. The tendered sum so corrected and altered shall be substituted for the sum originally
tendered and considered for acceptance instead of the original sum quoted by the tenderer
along with other tender/tenders. Rounding off to the nearest rupee should be done in the
final summary of the amount instead of in totals of various sections of schedule of
quantities.
5. INDEMNITY DAMAGES The Consultant shall, in addition to any indemnity provided by law, indemnify and hold
harmless the Owner, its subsidiaries and their respective employees, officers and agents
from and against any and all suits, actions or administrative proceedings, claims
demands, losses, damages, costs, charges and expenses of whatsoever nature and
description brought or recovered against him or the Owner, including attorney‟s fees and
expenses, in respect of the death or injury to any person or loss of or damage to any
property, arising in connection with the execution of Facilities and by reason of the any
act or commission or negligence of the Consultant or its subcontractors, or other
employees, officers or agents, except any injury, death or property damage caused by the
negligence of the Owner, its Consultants, employees, officers or agents or any person
claiming through and under trust of the Consultant and the Consultant shall execute the
Bond. The indemnity amount will be limited to contract value, subjected to final
determination by the competent court.
6. GRAFTS AND COMMISSIONS ETC. Any graft, commission, gift or advantage given, promised or offered by or on behalf of
the Consultant or his partner, agent, officers, director, employee or servant or any one of
his or their behalf in relation to the obtaining or to the execution of this or any other
contract with the owner or any person claiming through the Consultant, shall, in addition
to any criminal liability which it may incur, subject the Consultant to the cancellation of
this and all other contracts and also to payment of any loss or damage to the owner
resulting from any cancellation. The owner shall then be entitled to deduct the amount so
payable from any moneys otherwise due to the Consultant under the contract.
7. PERFORMANCE SECURITY / SECURITY DEPOSIT 7.1. Security Deposit, equivalent to 10% of Contract Price, shall consist of two parts:
a. Performance Security to be submitted at award of work and
b. Retention Money to be recovered from running bills.
7.2. The security deposit shall bear no interest.
7.3. Performance Security (first part of security deposit) should be 5% of Contract Price
and should be submitted within 15 days of issue of LOA by the successful bidder in any
of the form given below after which EMD shall be refunded to the Consultant:
a. An unconditional, irrevocable, replenishable, payable Bank Guarantee in the form
given in the bid document from any scheduled Bank. BG issued by outstation bank shall
be operative at its local branch at Ranchi.
b. NEFT / RTGS / Demand Draft drawn in favour of Central Coalfields Ltd. on any
Scheduled Bank payable at Ranchi.
7.4. Performance security, if submitted in the form of Bank Guarantee shall be issued by
a scheduled Bank in paper form (stamp paper) as well as issued under “Structured
Financial Messaging System”.
7.5. The Earnest Money/Bid Security deposited in the form of Bank Guarantee shall be
duly discharged and returned to the Consultant. The Earnest Money/Bid Security
deposited in the form of Demand draft may be adjusted against the security deposit
(Performance Security) at bidder‟s option.
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7.6. If performance security is provided by the successful bidders in the form of bank
guarantee:
a. it shall be issued, at Bidder‟s option, either
(i) by Scheduled Bank or
(ii) by a foreign bank, located in India and acceptable to the employer.
and the Bank having a local operative branch at Ranchi.
b. it shall be issued as per the format in Annexure-II of the General Contract conditions
of the Contract and procedures as per the notes to the said format of bank guarantee.
c. it shall be issued by a scheduled bank on behalf of Consultant in favor of Central
Coalfields Limited and it shall be in paper form as well as issued under Structured
Financial Messaging System (SFMS). The details of beneficiary for issue of BG under
SFMS platform must contain the following information:
Name of
beneficiary and
detail
Name Central Coalfields Limited
Area HQ/Washery Operation
Department
Bank A/C No. of Beneficiary 10106155123
Customer ID/CIF No. of Beneficiary 80288731402
Department Washery Operation
Department, CCL, Hq,
Ranchi.
Beneficiary‟s
Bank, Branch and
address
Beneficiary‟s Bank State Bank of India
Branch and Address SME Branch, Doranda,
Ranchi-834002
SMFS Code/IFSC Code SBIN0009620
SWIFT CODE*** SBININBB387
* HQ/Name
** Washery
*** In case of foreign BG, SWIFT code to be used instead of SFMS Code.
d. The validity of Bank Guarantee shall be for a period of one year or ninety days beyond
the contract period or extended period of contract (if any), whichever is more.
e. Failure of the successful bidder to comply with the requirement as above shall
constitute sufficient ground for cancellation/termination of the award of work and
forfeiture of the bid security.
f. Additionally and in addition to clause (e) above, the company reserves the right to
debar such defaulting Consultant from participating in future bids for a minimum period
of 12 (twelve) months.
g. The bank guarantee shall contain complete postal address, telephone number, fax
number and email address of both out station bank issuing the bank guarantee as well as
its local operating branch OR (ii) a foreign bank located in India and acceptable to the
Owner.
h. Original copy of the bank guarantee issued by the issuing bank shall be sent by the
issuing bank directly to tender inviting Department of CCL.
7.7. All Running on Account Bills to be submitted by the Consultant in terms of Clause-
23 of Chapter - 4 shall be paid at 95%, subject to deduction of tax. The balance 5% shall
be treated, as retention Money and will be second part of security deposit.
7.8. The Retention Money amount may be refunded against equivalent Bank Guarantee,
in the form given in the bid document (Annexure – III) only for values above Rs. 25
41
lakhs. The validity of the Bank Guarantee shall be for 90 days beyond the period of
contract or extended period of contract, if any.
7.9. Bank Guarantee, if to be submitted by the Consultant for refund of Retention Money,
a. it shall be issued, at Bidder‟s option, either –
(i) by Scheduled Bank or
(ii) by a foreign bank, located in India and acceptable to the employer.
and the Bank having a local operative branch at the place of business of the beneficiary
in whose favor BG is furnished.
b. it shall be issued as per the format in Annexure-III of the General Contract Conditions
of the Contract and procedures as per the notes to the said format of bank guarantee.
c. it shall be issued by the issuing bank on behalf of Consultant in favor of Central
Coalfields Limited, and it shall be in paper form as well as under „Structured Financial
Messaging System (SFMS)‟.
7.10. Refund of Security Deposit: The refund of security deposit shall be subject to
company's right to deduct/appropriate its dues against the Consultant under this contract
or under any other contract. On completion of the work and certified as such by the
Engineer-in-charge, the security deposit remaining with the company shall be refunded.
a. Performance Security (1st part of security deposit) shall be refunded within 60 days of
the completion of the work. (The date of completion of the work will be certified by the
Designated Officer of CCL).
b. Retention Money (2nd part of security deposit) shall be refunded within 90 days of the
completion of the work. (The date of completion of the work will be certified by the
Designated Officer of CCL).
7.11. Additional performance security: Additional performance security shall be
applicable if the bid price is 15% below the estimated cost put to tender. The amount of
such additional performance security shall be the difference between 85% of the
estimated cost put to tender and quoted price.
a. Additional performance security shall be furnished by bidder along with normal
performance security. Failure to submit such additional performance security may result
into termination of the contract.
b. Additional performance security may be furnished in any of the forms as applicable for
performance security.
c. This additional performance security will not carry any interest and shall be released in
the following manner.
i) 30% of Additional performance security will be released after 60% of the total work is
completed.
ii) 50% of Additional performance security will be released after 80% of the total work is
completed.
iii) 100% of Additional performance security will be released after total work is
completed.
8. DEVIATIONS / VARIATIONS IN QUANTITIES: 8.1. Extent and Pricing: The quantities given in the 'Schedule of Quantities' are
provisional and are meant to indicate the extent of the work and to provide a uniform
basis for tendering and any variation either by addition or omission shall not vitiate the
contract.
8.2. The company through its Designated Officer or his representative shall, without
radically changing the original scope and nature of the contracted work, have power to
make any alterations in or additions to or substitution of the original and instructions that
42
may appear to be necessary or advisable during the progress of the work. The Consultant
shall be bound to carry out the works in accordance with the instructions given to him in
writing by Designated Officer or his representative on behalf of the company. Such
altered or additional work, which shall form part of the original contract, shall be carried
out by the Consultant on the same conditions in all respects on which they agree to do the
main works and at the same rate / rates as are specified in the contract.
8.3 Deleted
8.4. Alterations in the quantities shall not be considered as a change in the conditions of
the contract nor invalidate any of the provision there of provided that a revised work
order for the item/items involved is issued. Such alterations shall need appropriate
approval.
8.5. The time for completion of the originally contracted work shall be extended by the
company in the proportion that the additional work (in value) bears to the original
contracted work (in value) as may be assessed and certified by the Engineer-in-charge.
8.6. The validity of the Bank Guarantee, if submitted by the Consultant, in lieu of
performance security / security deposit shall be extended in pursuant to Clause No. 7
taking into consideration the period of extension.
8.7. The company through its Designated Officer or his representative, on behalf of the
company, shall have power to omit any part of the work for any reason and the
Consultant shall be bound to carry out the work in accordance with the instruction given
by the Designated Officer of CCL. No claim for extra charges/damages shall be made by
the Consultant on these grounds.
8.8. In the event of any deviation being ordered which in the opinion of the Consultant
changes radically the original scope and nature of the contract, the Consultant shall under
no circumstances suspend the work, either original or altered or substituted, and the
dispute/disagreement as to the nature of deviation or the rate/rates to be paid thereof shall
be resolved separately with the company.
9. PROJECT COORDINATOR 9.1. The Designated Officer shall appoint and notify the Consultant in writing the name
of the Project Coordinator in the kick-off meeting or earlier. The Owner may also from
time to time appoint some other person as the Project Coordinator in place of the person
previously so appointed and shall give a notice of the name of such other person to the
Consultant. The Project Coordinator shall have the authority to represent the Owner on
all day-to-day matters relating to the completion of the assignment arising from the
Contract. All notices, instructions, certificates, approvals, and all other communications
under the Contract may be given by the Project Coordinator to the Consultant, except as
otherwise provided for in the Contract.
9.2. All day-to-day instructions, information, and other communications to be given by
the Consultant to the Owner under the Contract shall be given to the Project Coordinator,
except as otherwise provided for in the Contract. The Project Coordinator may at any
time delegate to any person any of the powers, functions, and authorities vested in him or
her.
9.3. The Project Coordinator will have the authority to supervise project activities related to the relevant
subsidiary and to approve completion of such activities before any payment and to issue instruction from
time to time, which shall be adhered to in all respect by the Consultant including its employees and agency.
10. CONSULTANT‟S REPRESENTATIVE
43
10.1. The Consultant shall appoint his Representative and furnish requisite documents
including authorization letter/power of attorney to that effect within seven (7) days from
the date of commencement of Contract.
10.2. The Consultant‟s Representative shall have the authority to represent the Consultant
on all day-to-day matters relating to or arising from the Contract. The Consultant‟s
Representative shall provide Project Coordinator all the Consultant‟s notices,
instructions, information, and all other communications under the Contract.
10.3. All notices, instructions, information, and all other communications to be given by
the Project Coordinator to the Consultant under the Contract shall be given to the
Consultant or his Representative or, in his absence, his deputy, except as otherwise
provided for in the Contract.
10.4. The Consultant shall not revoke the appointment of the Consultant‟s Representative
without the Owner‟s prior written consent, which shall not be unreasonably withheld.
This provision shall however not apply to a case of retirement, resignation or termination
of employment of the Consultant‟s Representative for whatever reason by the Consultant.
If the Owner consents to such an action, the Consultant shall appoint another person of
equal or superior qualifications and experience as the Consultant‟s Representative within
seven (7) days of separation of the erstwhile person with the prior approval of the Owner.
10.5. The Consultant‟s Representative and his supporting staff are obliged to work
closely with Project Coordinator and act within their own authority, and abide by
directives issued by the Owner that are consistent with the terms of the Contract. The
Consultant‟s Representative shall be responsible for managing the activities of its
personnel.
11. ACCOMMODATION, SITE OFFICE, ELECTRICITY, WATER ETC.:
Deleted
12. EMPLOYMENT OF LABOUR 12.1. The bidders are to employ, to the extent possible (as per policy decision of the
company/CCL valid from time to time), and pay wages not less than the minimum wages
as per Minimum Wages Act or such other legislations or award of the minimum wage
fixed by respective State Govt. or Central Govt. as may be in force, from time to time.
Payment of Provident Fund for the workmen employed by him for the work as per the
Laws prevailing under provision of CMPF / EPF and allied scheme valid from time to
time shall be the responsibility of bidder and he shall promptly make all such statutory
payments within time. Bidder shall also submit statutory returns with the appropriate
authority and submit copies of such compliance to the Owner/CCL.
12.2. The Consultant shall not engage any person of less than 18-year age or any female
during night hours as required by relevant law.
12.3. The bidders shall not pay less than the wages fixed and notified and prevalent
during submission of the bid for mining activities as per policy decision of the
Company/CCL valid from time to time in respect of his employees of different
categories.
12.4. The bidder shall comply with statutory requirements of all acts and statute
including Child Labour (Prohibition & Regulation) Act, 1986 as amended from time to
time and all rules, regulations and schemes framed thereunder from time to time in
addition to other applicable labour laws.
12.5. The bidder shall familiarize himself and fully comply with the provisions of all the
Acts/Rules/Regulations/Bye-laws and orders of the Local authority / Municipality /State
Govt./
44
Central Govt. applicable to the workers including Mines Act, Payment of Wages Act,
Motor Vehicle Act, Workermen‟s Compensation Act, Labour Laws, Insurance etc. and
shall be fully responsible and liable for the due observance of the same. The company
shall have no responsibility / liability whatsoever on these accounts. The Consultant shall
fully indemnify the Company against any claim/dispute/reference Award, etc. arising out
of any violation or contravention of the same.
12.6. The Consultant shall submit the bid after being fully acquainted with the laws, rules
and regulations involved in performance of the works in terms of the contract including
but not limited to the above and it agrees to comply with all such laws, rules and
regulations in all manners and to comply with all statutory compliances and submit
returns with the relevant authorities within the time.
12.7. CCL shall not have any relation, directly or indirectly, on any such persons to be
employed by the Consultant for performance of the works under this Contract. Since the
privity of contract will be between CCL and the Consultant, it will be the obligations of
the Consultant to complete the works at its own resources and to adhere to and comply
with the instructions of CCL as may be issued from time to time. Therefore, CCL does
not own any liability or obligations in respect of any persons to be employed by the
Consultant for performance of the works.
12.8. CCL does not owe any liability or responsibility whatsoever to any party or person
other than the Consultant, to the extent of the contractual value and subject to terms and
conditions of the contract and timely performance by the Consultant.
12.9. The Consultant and/or persons engaged by the Consultant, by reason of
performance of the work under this NIT, will not be deemed to be an employee and/or
controlling person of the CCL. Without limiting the foregoing, the Consultant shall not
enter into any contract or make any commitment in any manner whatsoever for and on
behalf of CCL and to sign any letter or notice on behalf of CCL, without written consent
of CCL and/or in derogation of the terms and condition of the contract.
12.10. The Consultant shall maintain a register/ list of persons engaged for performance
of the works under this Contract which shall contain all details of such persons and keep
the same at the Project Site for inspection of the Designated Officer and/or Project Co-
coordinator of CCL and produce the same to CCL on request.
13. SUB-CONTRACTING: 13.1. Subcontracting / sub-letting is generally discouraged as a policy of CCL and the
Owner expects the Consultant to complete the entire assignment with its own resources.
However, under special circumstances, subcontracting shall be allowed only to the extent
of specified part under the Scope of Work subject to written consent/approval of the
CCL. Sub-letting / Sub-contracting of the work as a whole by the Consultant is not
permissible.
13.2. Prior permission is required from the Employer for engagement of subcontractors
for part work / piece rated work. The Contract Agreement shall specify major items of
supply or services for which the Consultant proposes to engage subcontractor/sub-
vendor.
13.3. The Consultant may from time to time propose any addition or deletion from any
such list and will submit proposals in this regard to the Designated Officer for approval
well in advance so as not to impede the progress of work. Such approval of the
Designated Officer as well as the subcontracting of the works specified will not relieve
the Consultant from any of his obligations, duties and responsibilities under the contract.
45
13.4. The Consultant shall not, without the prior written consent of the Owner, assign to
any third party the Contract or any part thereof, or any right, benefit, obligation, or
interest therein or there under.
13.5. In case the Bidder intends to engage the services of a subcontractor for the whole or
a part of specified part of Scope of Work for the proposed project then the bidder shall
give an undertaking along with the bid that he will engage the services of reputed
Contractor having expertise in carrying out assignments similar as sub-contracted above.
Bidder shall submit the reference list where the subcontractor has carried out similar
assignments.
13.6. The Contract Agreement will specify major items of supply or services for which
the Consultant proposes to engage subcontractor/sub-vendor. The Consultant may from
time to time propose any addition or deletion from any such list and will submit
proposals in this regard to the Designated Officer in charge for approval well in advance
so as not to impede the progress of work. Such approval of the Designated Officer of
CCL will not relieve the Consultant from any of his obligations, duties and
responsibilities under the contract.
13.7. At the time of seeking permission for sub-letting/sub-contracting as permissible
under the contract, the Consultant shall also furnish all the particulars of the sub-
contractor or sub-agency, which is proposed to be engaged by the Consultant for such
works including the timeline, nature of works and value of works. However, it will be
sole responsibility of the Consultant to get the works completed within stipulated time
and any failure of the sub-contractor/sub-agency shall not discharge the Consultant from
performing its obligations.
13.8. The terms and conditions of sub-contracting shall be approved by the Designated
Officer before the same is entered into.
14. TIME FOR COMPLETION OF CONTRACT 14.1. Time is the essence of the contract and as such all works shall be completed within
the time stipulated in the contract/ work order, as more particularly indicated in Clause
6.1 of Chapter- 3. The work shall, throughout the stipulated period of contract, be carried
out with all due diligence on the part of the Consultant.
14.2 Deleted
14.3. For the purpose of this detailed time and progress chart, the work shall be deemed
to have commenced on the actual date of starting of work, OR the 10th day from the date
of issuance of LoA, whichever is earlier.
46
14.4. If the Consultant, without reasonable cause or valid reasons, commits default in
commencing the work within the aforesaid time limit, the company shall, without
prejudice to any other right or remedy, be at liberty, by giving 15 (fifteen) days‟ notice in
writing to the Consultant to commence the work, failing which to forfeit the Earnest
Money deposited by him in terms of the contract and to rescind the Letter of Acceptance
of Tender/Work Order and also to debar the Consultant to take part in the future re-tender
for a minimum period of 12(twelve) months.
14.5. The company, if not satisfied that the works can be completed by the Consultant,
and in the event of failure on the part of the Consultant to complete work, shall be
entitled, without prejudice to any other right, or remedy available in that behalf, to
rescind the contract.
14.6. The company, if not satisfied with the progress of the contract and in the event of
failure of the Consultant to recoup the delays in the mutually agreed time frame, shall be
entitled to terminate the contract.
14.7. In the event of such termination of the contract as described in clauses 14.5 or 14.6
or both, the company, shall be entitled to impose penalty/LD as deliberated at Clause15
hereinafter. Additionally, the Consultant shall be debarred from participating in the future
tenders for a minimum period of 12 months.
14.8. The company may at its sole discretion, waive the payment of compensation on
request received from the Consultant indicating valid and acceptable reasons if the entire
work is completed within the date as specified in the contract/work order or as validly
extended date without stipulating any compensation for delay.
15. LIQUIDATED DAMAGES FOR DELAY IN COMPLETION 15.1. If the Consultant fails to complete the work on or before the date of completion of
work or extended date of completion which shall be granted by CCL at its discretion,
with or without imposition of L.D., he shall without prejudice to any other right or
remedy available under the law to the Employer on account of such breach, pay as
compensation/ „Liquidated Damages‟ (LD) @ half percent (1/2%) of the Contract price
per week of delay or part thereof.
The aggregate of such compensation / compensations shall not exceed 10 (ten) percent of
the Contract price. The amount of compensation may be adjusted or set-off against any
sum payable to the Consultant under this or any other contract with the Employer.
15.2. CCL if satisfied, that the works can be completed by the Consultant within a
reasonable time after the specified time for completion, may allow further extension of
time at its discretion with or without the levy of L.D.
15.3. In the event of extension granted with imposition of L.D., CCL will be entitled,
without prejudice to any other right or remedy available in that behalf, to recover from
the Consultant as agreed damages equivalent to half percent of the contract value of the
works for each week or part of the week subject to a ceiling of 10% of the contract price.
15.4. CCL, if not satisfied that the works can be completed by the Consultant during the
extended period of contract which shall be granted by CCL at its discretion and also, and
in the event of failure on the part of the Consultant to complete work within further
extension of time allowed as aforesaid, shall be entitled, without prejudice to any other
right, or remedy available in that behalf, to terminate the contract.
15.5. In the event of such termination of the Contract as described in above two paras,
CCL shall be entitled to recover LD up to ten percent (10%) of the Contract Price and
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forfeit the Security Deposit submitted by the Consultant besides getting the work
completed by other means at the risk and cost of the Consultant.
16. FORCE MAJEURE 16.1. Force majeure is defined herein as any cause, which is beyond the control of the
Consultant or CCL, as the case may be, which they could not foresee or with a
reasonable amount of diligence could not have foreseen and which substantially affect
the performance of the contract, such as:
a. war, hostilities, or warlike operations (whether a state of war be declared or not),
invasion, act of foreign enemy, and civil war;
b. rebellion, revolution, insurrection, mutiny, usurpation of civil or military government,
conspiracy, riot, civil commotion, and terrorist acts;
c. sabotage, embargo, import restriction, epidemics, quarantine, and plague; or
d. earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon
or cyclone, hurricane, storm, lighting or other inclement weather condition, nuclear and
pressure waves, or other natural or physical disaster immediately effecting project
implementation.
e. Bandh, Strikes, Natural calamities, Acts of God or other unforeseen circumstances or
any circumstance not within the reasonable control, directly or indirectly, of the Party
affected.
16.2. If either Party is prevented, hindered, or delayed from or in performing any of its
obligations under the Contract by an event of Force Majeure as above, then it shall notify
the other in writing of the occurrence of such event and the circumstances of the event of
Force Majeure within fourteen (14) days after the occurrence of such event by a
registered letter duly certified by the “local chamber of commerce or statutory
authorities”. Any notice pursuant hereto shall include full particulars of:
a. the nature and extent of the Force Majeure event which is the subject of any claim for
relief under this clause with evidence in support thereof;
b. the estimated duration and the effect or probable effect which such Force Majeure
event is having or will have on the affected Party's performance of its obligations under
the Contract;
c. reasonable endeavours to minimize any delay in the performance of the works as a
result of Force Majeure Event.
d. the measures which the affected Party is taking or proposes to take for alleviating the
impact of such Force Majeure conditions/events; and
e. any other information relevant to the affected Party's claim.
16.3. If any of the Force Majeure conditions exists in the place of operation of the Bidder
even at the time of submission of bids he will categorically specify them in his bid and
state whether they have been taken into consideration in their quotations.
16.4. The Party or Parties affected by the event of Force Majeure shall use reasonable
efforts to mitigate the effect of the event of Force Majeure upon its or their performance
of the Contract and to fulfil its or their obligations, but without prejudice to either Party‟s
right to terminate the Contract.
16.5. The Consultant asserting Force Majeure shall have the burden of proving that
reasonable steps were taken to minimize delay or damages caused by foreseeable events,
that all non-excused obligations were substantially fulfilled, and that the Owner/CCL was
timely notified in a prompt manner as provided.
16.6. For delays arising out of Force Majeure, the Consultant will not claim extension in
completion date for a duration exceeding the period of delay attributable to the causes of
Force Majeure and neither Employer nor the Bidder shall be liable to pay extra costs (like
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increase in rates, remobilisation advance, idle charges for labour and machinery etc.).
Provided, it is mutually established that the Force Majeure conditions did actually exist.
16.7. The Consultant or CCL shall not be liable for delays in performing his obligations
resulting from any force majeure cause as referred to and/or defined above. The date of
completion will, subject to hereinafter provided, be extended by a reasonable time even
though such cause may occur after Consultant performance of his obligations has been
delayed for other causes.
16.8. Delay or non-performance by either Party to the Contract caused by the occurrence
of any event of Force Majeure shall not:
a. constitute a default or breach of the Contract; and
b. (subject to clauses 16.2, 16.3, 16.4, 16.5 16.6 and 16.7 above) give rise to any claim
for damages or additional cost or expense occasioned by the delay or non-performance if,
and to the extent that, such delay or non-performance is caused by the occurrence of an
event of Force Majeure
16.9. Force Majeure shall not apply to any obligation of the Owner to make payments to
the Consultant for the work done by the Consultant till the time of occurrence of such
Force Majeure event.
16.10. If the performance of the Contract is substantially prevented, hindered, or delayed
for a single period of more than sixty (60) days or an aggregate period of more than one
hundred and twenty (120) days on account of one or more events of Force Majeure
during the time period covered by the Contract, the contract may be terminated at the
discretion of CCL.
16.11. In the event of termination pursuant to Clause 20 on “Foreclosure and
Termination”, the rights and obligations of the Consultant and the Owner shall be as
specified in Clause 20.
16.12. Notwithstanding Clause 16.8, Force Majeure shall not apply to any obligation of
the Owner to make payments to the Consultant under the Contract for the work done by
the Consultant till the time of occurrence of such Force Majeure event.
16.13. Immediately after the contract is concluded the Designated Officer of CCL and the
Consultant shall agree upon time and progress chart prepared on the basis of a
transportation schedule to be submitted by the Consultant showing the order in which the
work is proposed to be carried out within the time specified in the contract documents.
For the purpose of this time andprogresschart, the work shall be deemed to have
commenced on the expiry of10 (ten) days from the issue of letter of acceptance/work
order or handing over the site of work whichever is later.
17. DELAYS BY CCL OR ITS AUTHORIZED AGENT 17.1. In case the Consultant's performance is delayed due to any act of omission on the
part of CCL or its authorized agents, then the Consultant shall be given due extension of
time for the completion of the works, to the extent such omission on the part of CCL has
caused delay in the Consultant's performance of his work.
17.2. Regarding reasonableness or otherwise of the extension of time, the decision of the
Designated Officer shall be final.
18. DELAYS NOT ATTRIBUTED TO CONSULTANT 18.1. Subject to terms and conditions, in case the Consultant's performance is delayed
due to any act or omission on the part of the Owner or due to any Force Majeure event,
the Consultant shall be given due extension of time for completion of the work, to the
extent such omission on the part of the Owner/ Force Majeure has caused delay in the
Consultant's performance of the Contract. The Designated Officer shall decide about the
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reasonableness or otherwise of the extension of time which shall be final and binding on
the Consultant. Detailed procedure for such time extensions is given below.
18.2. On happening of any events causing delay as stated, hereinafter, the Consultant
shall intimate immediately in writing to the Designated Officer:
a. Due to any reasons defined as Force Majeure. b. Non-availability of ready
infrastructure which the Owner is responsible for supplying/providing. c. Non-
availability or non-readiness of the Site to be made available or made available by the
Owner. d. Non-availability of approvals in time, which are to be made available by the
Owner, if any, during progress of the work. e. Any other causes which, at the sole
discretion of the Owner, is beyond the control of the Consultant
19. EXTENSION OF DATE OF COMPLETION: 19.1. On happening of any events causing delay as stated hereinafter, the Consultant shall
intimate immediately in writing the Designated Officer:
a. abnormally bad weather
b. serious loss or damage by fire
c. civil commotion, strikes or lockouts affecting any of the trades employed on the work
d. delay on the part of the contractors or tradesmen engaged by the company not forming
part of the contract, holding up further progress of the work
e. due to any reasons defined as Force Majeure
f. Any other causes which, at the sole discretion of CCL is beyond the control of the
Consultant.
19.2. "Hindrance Register" shall be maintained for recording the hindrances, as
mentioned above during the course of execution of work. The contractor may request the
company in writing for extension of time within 14 days of happening of such event
causing delay stating also, if practicable, the period for which extension is desired. The
company may, considering the eligibility of the request, give a fair and reasonable
extension of time for completion of the work. Such extension shall be communicated to
the contractor in writing by the company through the Designated Officer within 1 (one)
month of the date of receipt of such request.
The Consultant shall however use his best efforts to prevent or make good the delay by
putting his endeavours constantly as may be reasonably required of him to the
satisfaction of the Designated Officer.
19.3. Provisional extension of time may be granted by the Designated Officer during the
course of execution, on written request for extension of time within 15 (fifteen) days of
happening of such events as stated above, reserving the company‟s right to impose /
waive penalty at the time of granting final extension of time as per contract agreement.
Bank guarantees, against security, shall be suitably extended, to take care of the
extension granted.
19.4. Further, the Designated Officer, on its own or at the request of the Consultant, may
extend the duration of contract or grant addition time to the Consultant, if it is felt by the
Employer or a request is made by the Consultant that the extension or additional time
would improve the quality of deliverables or work.
19.5. When the period for the completion of the Contract is about to expire, the question
of extension of the Contract may be considered at the instance of the Contractor or the
Company or both. The extension will have to be by party‟s agreement, expressed or
implied.
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In case the Consultant does not apply for grant of extension of time within fourteen
(14days) of hindrance occurring in execution of the work and the Owner wants to
continue with the work beyond the stipulated date of completion for reason of the work
having been hindered, the Designated Officer at his sole discretion can grant provisional
extension of time even in the absence of application from the Consultant. Such extension
of time granted by the Designated Officer is valid provided the Consultant accepts the
same either expressly or implied by its actions before or subsequent to the date of
completion. Such extension of time shall be without prejudice to the Owner's right to
levy compensation/L.D. under the relevant clause of the Contract.
19.6. If the Consultant, without reasonable cause of valid reason, commits default in
commencing the execution of the work within the aforesaid date, the company shall,
without prejudice to any other right or remedy, be at liberty, by giving 7 days‟ notice in
writing to the Consultant to commence the work, failing which to forfeit the Earnest
Money deposited by him and to take other action under the contract.
20. TERMINATION, SUSPENSION AND FORECLOSURE OF CONTRACT 20.1. CCL shall in addition to other remedial steps to be taken as provided in the
conditions of contract, be entitled to terminate the contract in full or in part, if the
Consultant:
a. Makes default in proceeding with the works with due diligence and continues to do so
even after a notice in writing from CCL, then on the expiry of the period as specified in
the notice; or
b. Commits default/breach in complying with any of the terms and conditions of the
contract and does not remedy it or fails to take effective steps for the remedy to the
satisfaction of CCL, then on the expiry of the period as may be specified by CCL in the
notice in writing; or
c. Fails to complete the work or items of work with individual dates of completion, on or
before the date/dates of completion or as extended by CCL, then on the expiry of the
period as may be specified by CCL in a notice in writing; or
d. Shall offer or give or agree to give any person in the service of CCL or to any other
person on his behalf any gift or consideration of any kind as an inducement or reward for
act/acts of favour in relation to the obtaining or execution of this or any other contract for
CCL; or
e. Shall try to obtain a contract with CCL by way of ring tendering or other non-bonafide
method of competitive tendering; or
f. transfers, sublets, assigns the entire work or any portion thereof without the prior
approval in writing from the CCL and/or Designated Officer as provided herein. The
Designated Officer may be giving a written notice, terminate the whole contract or
portion of it in default; or
g. does not fulfill / comply the SLA requirement as mentioned in NIT.
h. infringes any Intellectual Property Rights and/or violates any secrecy and/or
confidentiality clause.
i. fails to indemnify the CCL as provided in NIT document.
20.2. Fifteen (15) days show cause notice shall precede such termination order, which
shall be by virtue of a speaking order, taking into account all the grounds taken in reply,
if any given by the Consultant/contracting party.
20.3. The contract shall stand terminated under the following circumstances:
a. If the Consultant being an individual in the case of proprietary concern or in the case
of a partnership firm any of its partners is declared insolvent under the provisions of
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insolvency act for the time being in force, or makes any conveyance or assignment of his
effects or composition or arrangement for the benefit of his creditors amounting to
proceedings for liquidation or composition under any Insolvency Act.
b. In the case of the Consultant being a company, its affairs are under liquidation either
by a resolution passed by the company or by an order of court, not being a voluntary
liquidation proceeding for the purpose of amalgamation or re-organisation, or a receiver
or manager is appointed by the court on the application by the debenture holders of the
company, if any.
c. If the Consultant shall suffer an execution being levied on his/their goods, estates and
allow it to be continued for a period of 21 days.
d. On the death of the Consultant being a proprietary concern or of any of the partners in
the case of a partnership concern and the company is not satisfied that the legal
representative of the deceased proprietor or the other surviving partners of the
partnership concern are capable of carrying out and completing the contract. The decision
of the company in this respect shall be final and binding which is to be intimated in
writing to legal representative or to the partnership concern.
20.4. On termination of the contract, the Designated Officer shall have powers:
a. To take possession of the site and carry out balance work through any other agency.
b. To give the Consultant or his representative of the work 7 (seven) days‟ notice in
writing for taking final measurement for the works executed till the date of termination of
the contract. The Designated Officer shall fix the time for taking such final measurement
and intimate the Consultant in writing. The final measurement shall be carried out at the
said appointed time notwithstanding whether the Consultant is present or not. Any claim
as regards measurement which the Consultant is to make shall be made in writing within
7 (seven) days of taking final measurement by Designated Officer as aforesaid and if no
such claim is received, the Consultant shall be deemed to have waived all claims
regarding measurements and any claim made thereafter shall not be entertained.
c. after giving notice to the Consultant to measure up the work of the Consultant and to
take such whole or the balance or part thereof, as shall be unexecuted out of his hands
and to give it to another Consultant or take up departmentally, to complete the work. The
Consultant whose contract is terminated shall not be allowed to participate in future
bidding for period of minimum twelve months.
d. to take any other step and/or action as may be available under the contract and/or law
for the time being in force.
20.5. In such an event, the Consultant shall be liable for loss/damage suffered by the
employer because of action under this clause and to compensate for such loss or damage,
the employer shall be entitled to recover higher of the following:
a. Forfeiture of security deposit comprising of performance guarantee and retention
money and additional performance security, if any, at disposal of the employer.
Or
b. 20% of value of incomplete work. The value of the incomplete work shall be
calculated for the items and quantities remaining incomplete (as per provision of
agreement) at the agreement rates including price variation as applicable on the date,
when notice in writing for termination of work was issued to the Consultant.
20.6. It is being clarified that the above liability is over and above the penalties payable
by the Consultant on account of shortfall in quantities as per provision of clause 19.
20.7. The amount to be recovered from the Consultant as determined above, shall,
without prejudice to any other right or remedy available to the employer as per law or as
per agreement, will be recovered from any money due to the Consultant on any account
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or under any other contract and in the event of any shortfall, the Consultant shall be
liable to pay the same within 30 days. In case of failure to pay the same the amount shall
be debt payable.
20.8. In the event of above course being adopted by the Designated Officer, the
Consultant shall have no claim to compensation for any loss sustained by him by reasons
of his having purchased materials, equipment or entered into agreement or made
advances on any account or with a view to the execution of work or performance of the
contract. And in case action is taken under any of provision aforesaid, the Consultant
shall not be entitled to recover or to be paid any sum for any work thereof or actually
performed under this contract unless and until the Designated Officer has certified in
writing the performance of such work and value payable in respect thereof and he shall
only be entitled to be paid the value so certified.
20.9. The need for determination of the amount of recovery of any extra cost/expenditure
or of any loss/damage suffered by the company shall not however arise in the case of
termination of the contract for death/demise of the Consultant as stated in Clause 20.3.d.
20.10. Suspension of work - The company shall have power to suspend the progress of
the work or any part thereof and the Designated Officer may direct the Consultant in
writing to suspend the work, for such period and in such manner as may be specified
therein, on account of any default on the part of the Consultant, or for proper execution
of the work for reasons other than any default on the part of the Consultant, or on ground
of safety of the work or part thereof. In the event of suspension for reason other than any
default on the part of the Consultant, extension of time shall be allowed by the company
equal to the period of such suspension.
20.11. Foreclosure of contract in full or in part - If at any time after acceptance of the
tender, the company decides to abandon or reduce the scope of the work for any reason
whatsoever the company, through its Designated Officer, shall give notice in writing to
that effect to the Consultant and the Consultant shall act accordingly in the matter. Such
decision of CCL shall be final and binding.
In the event of abandonment, the Consultant shall have no claim to any payment of
compensation or otherwise whatsoever, other than those mentioned below:
a. to pay reasonable amount assessed and certified by the Designated Officer of the
expenditure incurred, if any, by the Consultant on preliminary works at site.
b. to pay the Consultant at the contract rates full amount for works executed and
measured at site up to the date of such abandonment.
c. to pay for the materials brought to site or to be delivered at site, which the Consultant
is legally liable to pay, for the purpose of consumption in works carried out or were to be
carried out but for the foreclosure, including the cost of purchase and transportation and
cost of delivery of such materials. The materials to be taken over by the company should
be in good condition and the company may allow at its discretion the Consultant to retain
the materials in full or in part if so desired by him and to be transported by the Consultant
from site to his place at his own cost with due permission of the Designated Officer.
d. to take back the materials issued by the company but remaining unused, if any, in the
work on the date of abandonment/reduction in the work, at the original issue price less
allowance for any deterioration or damage caused while in custody of the Consultant.
e. to pay for the transportation of tools and plants of the Consultant from site to
Consultant's place or to any other destination, whichever is less.
20.12. The Consultant shall, if required by the Designated Officer, furnish to him books
of accounts, papers, relevant documents as may be necessary to enable the Designated
Officer to assess the amount payable. The Consultant shall not have any claim for
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compensation whatsoever either for abandonment or for reduction in the scope of work,
other than those as specified above.
21. COMPLETION CERTIFICATE / DEFECT LIABILITY CERTIFICATE 21.1. The Consultant shall give notice of completion of work, as soon as the work is
completed, to the Designated Officer. The Designated Officer and or any other Officer,
nominated for the purpose by the company shall, within 15 (fifteen) days from the receipt
thereof, inspect the entire scope of work and ascertain the defects/deficiencies, if any, to
be rectified by the Consultant as also the items, if any, for which payment shall be made
at reduced rate, if any.
21.2. If the defects, according to the Designated Officer the rectification of which is
necessary for the satisfactory performance of the Contract, he shall intimate in writing
the defects and instruct the Consultant to rectify the defects/remove deficiencies within
the period and in the manner to be specified therein.
21.3. Before the date fixed for completion of work, the work as well as the site of work
are to be made clean after removal of rubbish, scaffolding, surplus materials, temporary
structures etc. In case of Consultant's failure to clear the site, the Designated Officer shall
have right to get the work done at the costs of the Consultant. The cost thereof shall be
recovered from the final bill/running bill of the Consultant.
21.4. Completion Certificate shall be issued by the Designated Officer only in the event
the work is completed satisfactorily in every respect. Payment of final bill shall be made
on completion of the contract and refund of security deposit shall, however, be made as
per relevant clauses of the contract.
22. PRICE VARIATION CLAUSE The Price shall remain fixed and firm without any price variation due to any escalation in
price for the entire period of the contract and extension, if any granted by CCL at its
discretion, as provided herein.
23. PAYMENT TERMS 23.1. Payment on Account - The Consultant shall submit interim bill/ running bills for
the work carried out in accordance with the contract, supported by a forwarding letter
stating that works for which bills have been submitted, have been done and completed
within the time and according to the desired standard. The Designated Officer shall then
arrange for verification of the bill/bills for acceptance.
23.2. Payment on account shall be made on the Designated Officer certifying the sum to
which the Consultant is considered entitled by way of interim payment for the work
executed as covered by the bill/bills after deducting the amount already paid, the security
deposit and such other amounts as may be deductible or recoverable in terms of the
contract.
23.3. Any certificate given by the Designated Officer for the purpose of payment of
interim bill/bills shall not of itself be conclusive evidence that any work(s) to which it
relates is/are in accordance with the contract and may be modified or corrected by the
Designated Officer by any subsequent certificate or by the final certificate.
23.4. The company reserves the right to recover/enforce recovery of any overpayments
detected after payment as a result of post-payment audit or technical examination or by
any other means, notwithstanding the fact that the amount of disputed claims, if any, of
the Consultant exceeds the amount of such overpayment and irrespective of the facts
whether such disputed claims of the Consultant are the subject matter of arbitration or
not. The amount of such overpayments may be recovered from the subsequent bills under
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the contract, failing that from Consultant's claim under any other contract with the
company or from the Consultant's security deposit or the Consultant shall pay the amount
of overpayment on demand.
23.5. Amount payable/recoverablefor any subsequent change in the Taxes and/or Duties,
as applicable, will be made to/ from the Consultants after departmental verification of
such changes of Tax law issued by Authority.
23.6. In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any
other charges (Except EMD) from the supplier/vendor, the same will be recovered along
with the applicable GST or other taxes/impositions, if any, and the amount shall be
adjusted with the payment to be made to the supplier/vendor against their bill/invoice or
any other dues.
24. PAYMENT SCHEDULE - READ WITH CLAUSE 11 (PRICE BID) OF
SECTION-II 24.1. Payments shall be released on completion of milestone / activities (as applicable) as
given in the delivery schedule given in Table I under Clause No. 6 of the Scope of the
Work (Chapter III), particularly Clause - 6.1.
24.2. Activities mentioned in the columns „Milestone‟ and „Documents for completion of
Milestone‟ correspond to the activities indicated in the delivery schedule. Designated
Officer and/or Project Coordinator will accept/sign the completion certificate of any
activity on confirmation of the same by the associated Process / Functional Owners
designated by CCL.
24.3. Irrespective of the rescheduling of the activities by the Consultant in the Project
Plan, payments will be made on completion of the activities mentioned in the specified
milestone.
25. TAXES, PERMITS & LICENCE In pursuance of the contract, the Consultant shall be liable to pay all taxes, duties, levies,
permit or license fee, whether local, municipal, provincial or central, lawfully assessed
against the Employer or the Consultant, other than GST.
26. LIMITATION OF LIABILITIES 26.1. Except in cases of criminal or gross negligence or wilful misconduct,
a. Consultant shall not be liable to the Owner, whether in contract, tort, or otherwise, for
any indirect or consequential loss or damage, loss of use, loss of production, or loss of
profits or interest costs. Similarly, CCL shall in no way be responsible for any liabilities
arising out of the Consultant‟s contractual obligation with the Consultant‟s personnel,
experts, engineers, subcontractors, licensors, collaborators, vendors, or subsidiaries.
b. the aggregate liability of Consultant to the Owner, whether under the contract,
in tort or otherwise including the cost of repairing the implemented solution, shall not
exceed the 100 % (hundred) of the Total Contract Value plus escalation, provided that
this limitation shall not apply to any obligation of the Consultant to indemnify the
Owner/ its subsidiaries under the Contract.
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27. MERGER, ACQUISITION OR DIVESTITURES OF THE CONSULTANT In case of merger, acquisition or divestiture of the Consultant subject to intimation of
CCL in writing, the acquiring/ transferee company shall be bound by the terms and
conditions of the Contract during the Contract Period and for a period of at least five (5)
years from the date of completion of the project, at no additional cost to the Owner.
28. GOVERNMENT REGULATIONS & STATUTORY ACTS 28.1. The Consultant should execute and deliver such documents as may be needed by
CCL in evidence of compliance of all laws, rules and regulations required for reference.
The Consultant shall abide by all the provisions / acts / rules etc. of Information
Technology prevalent in the country. Any liability arising out of contravention of any of
the laws on executing this contract shall be the sole responsibility of the Consultant and
CCL shall not be responsible in any manner whatsoever and the Consultant shall keep
and hold the Owner/CCL saved, harmless and indemnified from such contraventions and
all claims, costs, litigations and consequences of any nature arising therefrom.
28.2. All legal formalities are to be obtained prior to and or during the commencement of
work by the Consultant for the successful execution of the said Work. The Consultant
shall comply with the all the Acts & rules and regulations, laws and by-laws framed by
State/ Central Government/ organization. CCL shall have no liabilities in this regard and
the Consultant shall keep and hold the Owner/CCL saved, harmless and indemnified
from contraventions of such Acts & rules and regulations, laws and by-laws and all
claims, costs, litigations and consequences of any nature arising therefrom.
29. INTELLECTUAL PROPERTY RIGHTS 29.1. No services covered under the contract shall be sold or disposed by the Consultant
in violation of any right whatsoever of third party, and in particular, but without
prejudice to the generality of the foregoing, of any patent right, trademark or similar
right, or any charge mortgage or lien. The Consultant shall indemnify CCL from all
actions, costs, claims, demands, expenses and liabilities, whatsoever, resulting from any
actual or alleged infringement as aforesaid and at the expenses of the Consultant. CCL
shall be defended in the defence of any proceedings which may be brought in that
connection.
29.2. The Consultant shall indemnify and hold harmless the Owner/CCL, and their
respective employees and officers from and against any and all losses, liabilities, and
costs (including losses, liabilities, and costs incurred in defending a claim alleging such a
liability), that the Owner/CCL and their respective employees and officers may suffer as
aresult of a third party action for any infringement or alleged infringement or any other
violation of any Intellectual Property Rights by reason of use of the software and
materials provided by the Consultant in accordance with the Contract.
29.3. If any proceedings are brought or any claim is made against the Owner/ CCL
arising out of the matters referred to in aforesaid Clause no. 29.1 & 29.2, the Owner
/CCL shall promptly give the Consultant notice of such proceedings or claims, the
Consultant shall have sole control on the conduct of such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim and the Owner /CCL
shall provide the Consultant with the assistance, information, and authority reasonably
necessary to perform the above.
30. PROGRESS REPORT The Consultant would be required to intimate the progress of the work to CCL in a
frequency and manner prescribed by CCL, in consultation with the Designated Officer
after the award of contract.
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31. CONFIDENTIALITY 31.1. The Consultant, including its directors, officers, employees, affiliates, or its
expressly authorized representatives or agents will not at any time during pendency of
contract or afterwards, disclose to any person any information as to documents,
components, parts, information, drawings, data, sketches, plans, programs, specifications,
techniques, processes, software, inventions and other materials, both written and oral, of
a secret, confidential or proprietary nature, including without limitation any and all
information relating to finance, invention, research, design or development of
information system and any supportive or incidental subsystems, and any and all subject
matter claimed in or disclosed by any patent application prepared or filed by or on behalf
of CCL, in any jurisdiction, and any amendments or supplements thereto. The Consultant
should understand that any breach of this clause would constitute a serious offence for
which appropriate legal action may be taken to ensure the enforcement of confidentiality
clause.
31.2. The Consultant shall hold in trust and confidence, and not disclose to others or use
for its own benefit or for the benefit of other, any Proprietary Information which is
disclosed to the Consultant by CCL at any time during the agreement / award of work /
execution of work and thereafter. The Consultant shall disclose proprietary information
received under the contract to person within its organization only if such persons (i) have
a need to know and (ii) are bound in writing to protect the confidentiality of such
Proprietary Information.
31.3. This clause shall survive and continue after any expiration or termination of the
contract and shall bind the Consultant, its employees, agents, representatives, successors,
heirs and assigns.
31.4. The parties agree not to disclose the existence or contents of the contract to any
third party without the prior written consent of the other Party except: (i) to its advisors,
attorneys or auditors who have a need to know such information and who are under
suitable confidentiality obligations, (ii) as required by law or court order, (iii) as required
in connection with the reorganization of a Party, or its merger into any other corporation,
or the sale by a Party of all or substantially all of its properties or assets, or (iv) as may be
required in connection with discharging the duties and obligations under the contract.
31.5. The obligations of confidentiality in this Agreement do not apply to any
information which:
a. is now or hereafter becomes publicly known or available without the breach of the
Contract;
b. was previously in the possession of the Consultant without any obligation of
confidentiality and which was not acquired from, provided, given, sold or otherwise
disclosed (directly or indirectly) by the Owner pursuant to the Contract;
c. otherwise lawfully becomes available to the Consultant from a third party that has no
obligation of confidentiality;
d. is independently developed by the Consultant; or
e. is required to be provided under any law or process of law duly executed, provided that
for any such disclosure, the Consultant, its Sub-Consultants and the Personnel of either of
them shall give the Client, prompt written notice, and use reasonable efforts to ensure
that such disclosure is accorded confidential treatment
.
32. CONFLICT OF INTEREST
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32.1. A Bidder shall not have a conflicting interest that may affect the bidding process or
the Consultancy. Any Bidder found to have a conflict of interest shall be disqualified in
addition to other action as may be taken by CCL. In the event of disqualification, the
CCL shall forfeit and appropriate the Bid Security, without prejudice to any other right or
remedy that may be available to the Employer under the law and contract or otherwise.
32.2. The Employer requires that the Consultant provides professional, objective, and
impartial advice and at all times hold the Employer‟s interests paramount, avoid conflicts
with other assignments or its own interests, and act without any consideration for future
work. The Consultant shall not accept or engage in any assignment that would be in
conflict with its prior or current obligations to other clients, or that may place it in a
position of not being able to carry out the assignment in the best interests of the
Employer.
32.3. A Bidder shall be deemed to have a Conflict of Interest affecting the bidding
process, if:
a. the Bidder or its Associate (or any constituent thereof) and any other Bidder or its
Associate (or any constituent thereof) have common controlling shareholders or other
ownership interest; or
b. such Bidder or its Associate receives or has received any direct or indirect subsidy or
grant from any other Bidder or its Associate; or
c. such Bidder has the same legal representative for purposes of this tender as any other
Bidder; or
d. such Bidder has a relationship with another Bidder, directly or through common third
parties, that puts them in a position to have access to each other‟s information about, or
to influence the Bid of either or each of the other Bidder; or
e. there is a conflict among this and other consulting assignments of the Bidder
(including its personnel) and any subsidiaries or entities controlled by such Bidder or
having common controlling shareholders. While providing consultancy services to the
Employer for this particular assignment, the Consultant shall not take up any assignment
that by its nature will result in conflict with the present assignment.
32.4. If, during the evaluation of the bids and consultancy contract, any conflict or risk of
conflict of interest arises, the Consultant undertakes to notify CCL immediately in
writing of that conflict of interest so that CCL may take any step required to deal with the
risk.
32.5. A bidder eventually appointed to provide Consultancy for this Project, and its
Associates, shall be disqualified from subsequently providing goods, works or services
related to the development and operation of the same Project and any breach of this
obligation shall be construed as Conflict of Interest; provided that the restriction herein
shall not apply after a period of four (04) years from the completion of this assignment or
to consulting assignments granted by banks/ lenders at any time; provided further that
this restriction shall not apply to consultancy/ advisory services performed for the
Employer in continuation of this Consultancy or to any subsequent consultancy/ advisory
services performed for the Employer in accordance with the rules of the Employer.
32.6. Prohibition of Conflicting Activities: Neither the Consultants nor their personnel
shall engage, either directly or indirectly, during the term of this Contract and four (04)
years after termination, any business or professional activities which would conflict with
the activities assigned to them under this Contract.
58
32.7. The Consultant represents and warrants that it is not aware of any conflict of
interest with respect to the Contract. Without limiting the foregoing, the Consultant
represents specifically that neither the Consultant nor the Consultant‟s personnel have
knowingly promised or conferred any financial benefits, of any kind whatsoever, to any
employees of the Owner or such employees‟ dependents or Consultant‟s personnel in
obtaining the Contract or performing its terms and conditions. The Consultant shall use
all reasonable efforts to prevent the Consultant‟s personnel from engaging in activities
known to be contrary or detrimental to the best interests of the Owner.
32.8. Notwithstanding anything contained in this NIT document, no client engagement of
the Consultant/Bidder during the term of the contract shall directly have any conflict with
its obligations under this NIT document and/or be adverse to CCL‟s interest and/or work
to be performed under the contract.
33. INSURANCE
33.1. The Consultant shall take full responsibility to take all precautions to prevent loss
or damage to the works or part thereof for any reasons whatsoever (except for reasons
which are beyond control of the Consultant or act of God, e.g. flood, riots, war,
earthquake, etc.) and shall at his own cost repair and make good the loss/damage to the
work so that on completion, the work shall be in good order and condition and in
conformity with the requirements of the contract and instructions of the Designated
Officer, if any.
33.2. The Consultant shall at all times during the pendency of the contract indemnify the
company/CCL against all claims, damages or compensation under the provisions of the
Workmen's Compensation Act and shall take insurance policy covering all risk, claims,
damages or compensation payable under the Workmen's Compensation Act or under any
other law relating thereto.
33.3. The Consultant shall ensure that the insurance policy/policies are kept alive till full
expiry of the contract by timely payment of premiums and shall not be cancelled without
the approval of the company and a provision is made to this effect in all the policies, and
similar insurance policies are also taken by his subcontractors if any. The cost of
premiums shall be borne by the Consultant and it shall be deemed to have been included
in the quoted rate.
33.4. In the event of Consultant's failure to effect or to keep in force the insurance
referred to above or any other insurance which the Consultant is required to effect under
the terms of the contract, the company may effect and keep in force any such insurance
and pay such premium/premiums as may be necessary for that purpose from time to time
and recover the amount thus paid from any money due by the Consultant.
33.5. The Consultant shall whenever required produce before Designated Officer the
policy or policies of insurance and receipt of payment of the current premium.
33.6. The above conditions of Insurance shall be applicable for the „Pre-Project
Activities‟ under scope of work of the contract.
34. ENTIRE AGREEMENT/ WAIVER 34.1. The Contract sets forth the entire agreement between the Owner and the Consultant,
and supersedes all communications, negotiations and agreements (whether written or
oral) of Parties with respect thereto made prior to the date of execution of the Contract
Agreement and such communications, negotiations and agreements shall not affect or
modify any of the terms or obligations set forth in the Contract, except as the same may
be made part of the Contract in accordance with its terms, including the terms of any of
the Contract Documents.
59
34.2. None of the provisions of the Contract shall be considered waived by either the
Owner or the Consultant unless any of them gives such waiver in writing to the other. No
such waiver shall be of any past or future default, breach or modification of any terms,
provisions or conditions of the Contract unless expressly set forth in such waiver.
Without prejudice to the foregoing, none of the following shall release the Consultant
from any of the warranties or obligations under the Contract or be deemed a waiver of
any right or remedies as to any prior or subsequent default in accordance with the
Contract:
a. Failure by the Owner to insist upon strict performance of any terms or conditions of
the Contract; or
b. Failure or delay by the Owner to exercise any rights or remedies provided herein or
under applicable law; or
c. Failure by the Owner to properly notify the Consultant in the event of breach, except
for any breach which according to provisions of the Contract has to be notified.
35. SETTLEMENT OF DISPUTES 35.1. It is incumbent upon the Consultant to avoid litigation and disputes during the
course of execution. However, if such disputes take place between the Consultant and
CCL, effort shall be made first to settle the disputes at the mutual level.
35.2. The Consultant should make request in writing to the Designated Officer for
settlement of such disputes / claims within 30 (thirty) days of arising of the cause of
dispute / claim failing which
no disputes / claims of the Consultant shall be entertained by CCL which shall try to
settle the dispute(s) amicably. If difference still persists, the dispute shall be referred to a
committee constituted by the owner/CCL. The committee shall have at least one member
of the rank of Director of the company who shall be Chairman of the Committee.
35.3. Save as hereinafter provided, such decision in respect of every Dispute so referred
shall be binding upon, and shall forthwith be given effect to by, the Consultant who shall
comply with all such decisions, with all due diligence.
35.4. In the event of any question, dispute or difference arising under these terms &
conditions or any condition contained in this contract or interpretation of the terms of, or
in connection with this Contract (except as to any matter the decision of which is
specially provided for by these conditions), which could not be settled as per the
provisions mentioned above, the same shall be referred to arbitration at the request of any
Party upon written notice to the other Party, and the following shall apply to such
arbitration:
a. The arbitration shall be conducted in accordance with the Arbitration and Conciliation
Act, 1996 as amended by the Amendment Act of 2015 and the rules there under and any
statutory modification thereof for the time being in force shall be deemed to apply to the
Arbitration proceedings under this clause; and
b. The arbitral panel shall consist of a sole arbitrator to be appointed by the Chairman,
CCL; and
c. The decision of the sole arbitrator shall be final and binding on the Parties; and
d. The Owner shall have the right to replace and appoint a new arbitrator in the event the
arbitrator, appointed by it pursuant to Clause 35.4.b, expires, neglects or refuses to act,
resigns or is unable to act as a sole arbitrator for any reason whatsoever, or if his/her
award is set aside by the court for any reason.
60
e. It is further a term of this contract that no person other than the person appointed by
the Chairman of CCL as aforesaid should act as arbitrator and that, if for any reason that
is not possible, the matter is not to be referred to Arbitration at all.
f. All proceedings of such arbitration shall be in the English language and the seat, place
and venue of arbitration shall be Ranchi, India. High Courts in Ranchi along will hold
jurisdiction.
g. The parties shall bear and pay their own costs, charges and expenses of the
proceedings for the Arbitration.
h. Only Courts of Ranchi shall have the exclusive jurisdiction relating to any
proceedings, which may arise out of or in connection with this NIT document or its
terms, conditions, formation or validity.
35.5. Applicable Law: The contracts shall be interpreted in accordance with the laws of
the Union of India. The contract shall be governed by the laws of India, without giving
any effect to any choice of law or conflict of law provisions.
35.6. Contracts with Partnership firm: The Partnership firm is required to submit written
consent of all the partners to above arbitration clause at the time of submission of bid.
35.7. The settlement of commercial disputes between Public Sector Enterprises inter se
and Public Sector Enterprises (s) and Govt. (s) Dept.(s) through Permanent Machinery of
Arbitrators (PMA) in the Department of Public Enterprises will be guided by the
procedure and guidelines issued by Department of Public Enterprises vide OM No.
4(1)/2011-DPE (PMA)-GL dated 12.06.2013.
35.8. Notwithstanding any disagreement, Dispute, protest, or proceedings arising directly
or indirectly out of the Contract, the Consultant shall at all times perform the services in
accordance with the Contract and shall not suspend performance of the Services on
account of such disagreement, Dispute, protest or proceedings.
36. SEVERABILITY:
If any provision of this NIT document/ Contract Documents or the application thereof to
any person or circumstance shall be invalid or unenforceable to any extent for any reason
including by reason of any law or government policy, the remainder of this NIT /Contract
document and the application of such provision to persons or circumstances other than
those as to which it is held invalid or unenforceable shall not be affected thereby, and
each provision of NIT /Contract document shall be valid and enforceable to the fullest
extent permitted by law. Any invalid or unenforceable provision of NIT /Contract
document shall be replaced with a provision, which is valid and enforceable and most
nearly reflects the original intent of the invalid and unenforceable provision.
37. E-WAY BILL Not applicable.
61
Chapter –5 (Annexures)
Annexure-I
I. MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET
BANKING PAYMENT.
1. Name of the Party : _____________________________________________
2. Address of the Party : _____________________________________________
City _______________________PIN Code_________
E- Mail Id _____________________________________
Permanent Account Number ___________________
3. Particulars of Bank
4. Date from which the mandate should be effective. I hereby declare that the particulars given above are correct and complete. If any
transaction is delayed or not effected for reasons of incomplete or incorrect information. I
shall not hold Company responsible. I also undertake to advise any change in the
particulars of my account to facilitate up-dation of records for purpose of credit of
amount through SBI Net / RTGS transfer. I agree to discharge responsibility expected of
me as a participant under the scheme. Any bank charges levied by the bank for such e-
transfer shall be borne by us.
Place :
Date:
Signature of the Party / Authorised Signatory
----------------------------------------------------------------------------------------------------------
Certified that particulars furnished above are correct as per our records.
Banker‟s Stamp
Date
(Signature of the Authorised official from the Bank)
62
Annexure-II
II. BANK GUARANTEE FOR PERFORMANCE SECURITY To
.………………………..
…………………………..
Re: Bank Guarantee in respect of Contract No…………………….…. Dated…………….
Between ……………. (Name of the company) and ……………………………….…….
(Name of the Consultant)
WHEREAS
………….. (Name and address of the Consultant) (herein after called “the Consultant”)
has entered into a contract made as per letter of acceptance………………. dated.…….
(herein after called the said contract) with ………… (name of the Company) (hereinafter
called “the Company”) to execute …………. (name of the contract and brief description
of work) on the terms and conditions contained in the said contract.
It has been agreed that the Consultant shall furnish a Performance Security in the shape
of Bank Guarantee from a Schedule bank for a sum of Rs…………. as security for due
compliance and performance of the terms and conditions of the said contract.
We……… (name of the Bank) having its branch/Office at……. ….. have, at the request
of the Consultant, agreed to furnish this bank Guarantee by way of performance Security.
NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby,
unconditionally and irrevocably, guarantees and affirms as follows:
The Bank do hereby irrevocably guarantee and unconditionally agree with the Company
that if the Consultant shall in any way fail to observe or perform the terms and conditions
of the said contract or shall commit any breach of its obligation thereunder or shall
violate any terms and conditions of the Contract, the Bank shall on its mere first written
demand, and without any objection, demur and without any reference to the Consultant,
pay to the company the said sum of …………… or such portion as shall then remain due
with interest without requiring the Company to have recourse to any legal remedy that
may be available to it to compel the Bank to pay the sum, or failing on the company to
compel such payment by the Consultant.
Any such demand shall be conclusive as regards the liability of the Consultant to the
company and as regards the amount payable by the Bank under this Guarantee. The Bank
shall not be entitled to withhold payment on the ground that the Consultant 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 company and the Consultant
regarding the claim.
The Bank further agree that the Guarantee shall come into force from the date hereof and
shall remain in force and effect till the period that will be taken for the performance of
the said Contract which is likely to be …………. day of ………….. but if the period of
Contract is extended either pursuant to the provisions in the said contract or by mutual
agreement between the Consultant and the company, the Bank shall renew the period of
the Bank Guarantee till such extended time, failing which it shall pay to the company the
said sum of ………….…. or such lesser amount of the said sum of …………… as may
be due to the company and as the company may demand.
This Guarantee shall remain in force until the dues of the company in respect of the said
sum of ……………….and interest are fully satisfied and the Company certifies that the
Contract has been fully carried out by the Consultant and discharged the guarantee.
The Bank further agrees with the company that the company shall have the fullest liberty
without consent of the Bank and without affecting in any way the obligations hereunder
to vary any of the terms and conditions of the said contract or to extend time for
63
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 Company against the Consultant and to
forebear to enforce any of the terms and conditions relating to the said Contract and the
Bank shall not be relieved from its liability by reason of such failure or extension being
granted to the Consultant or to any forbearance, act or omissions on the part of the
company or any indulgence by the Company to the Consultant or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision
have the effect or relieving or discharging the Guarantor.
The Bank further agrees that in case this Guarantee is required for a longer period and it
is not extended by the Bank beyond the period specified above, the Bank shall pay to the
company the said sum of ………. ….. or such lesser sum as may then be deemed to the
Company and as the Company may require.
Notwithstanding anything contained herein the liability of the Bank under this Guarantee
is restricted to Rs……….……. The guarantee shall remain in force till the day
……*……. of ……*.……. and unless the guarantee is renewed or claim is preferred
against the bank on or before the said date all rights of the Company under this guarantee
shall cease and the Bank shall be relieved and discharged from all liabilities hereunder
except as provided in the preceding Clause.
* The date of guarantee shall cover a period of minimum one year or 90 days beyond the
date of completion whichever is more.
Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-
mail/Fax addressed to the bank branch/operative branch, which shall be deemed to be a
sufficient demand notice. Bank shall effect payment thereof forthwith.
This guarantee will not be discharged due to the change in the constitution of the Bank or
the Consultant.
The Bank has under its constitution power to give this Guarantee and
Sri……………………. who has signed it on behalf of the Bank has authority to do so.
Signed and sealed this………. day of…………….at…………
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code number)
(address)
“The Bank Guarantee as referred above shall be operative at our branch at……. payable
at………………………….
(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name
of the branch with address of the specified town/city)
NOTE: - The department shall ensure extension of guarantee period in case of extension
of time.
64
Annexure-III
III. BANK GUARANTEE FOR RELEASE OF RETENTION MONEY/BID
SECURITY DEDUCTED @5% FROM RUNNING BILL
IN LIEU OF RECEIVING PAYMENT AGAINST THE SECURITY DEPOSIT
ACCRUED ANNUALLY BY PAYING THE RUNNING BILL AT 95%, i.e. THE
RETENTION MONEY DEDUCTED @ 5% FROM RUNNING BILL To
………………………………………..
………………………………………..
Re: Bank guarantee in respect of contract No……………………………………..………
Dated………………………… between …………………. (Name of the …………….)
And ……………………………………………………….. (Name of the Consultant)
WHEREAS
………….. (Name and address of the Consultant) (herein after called “the Consultant”)
has entered into a contract dated……….(herein after called the said contract) with
………… (name of the Company) (hereinafter called “the Company”) to execute
…………. (name of the contract and brief description of work) on the terms and
conditions contained in the said contract.
It has been agreed that the Consultant shall furnish a Bank Guarantee from a Schedule
bank for a sum of Rs………….. as security for release of equivalent amount of Retention
Money/Bid Security as per terms and conditions of the said contract.
We……… (name of the Bank) having its branch/Office at……..….. have, at the request
of the Consultant, agreed to furnish this bank Guarantee by way of Bid Security.
NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby,
unconditionally and irrevocably, guarantees and affirms as follows:
The Bank do hereby irrevocably guarantees and unconditionally agree with the Company
that if the Consultant shall in any way fail to observe or perform the terms and conditions
of the said contract or shall commit any breach of its obligation thereunder or shall
violate any terms and conditions of the Contract, the Bank shall on its mere first written
demand, and without any objection, demur and without any reference to the Consultant,
pay to the company the said sum of …………… or such portion as shall then remain due
with interest without requiring the Company to have recourse to any legal remedy that
may be available to it to compel the Bank to pay the sum, or failing on the company to
compel such payment by the Consultant.
Any such demand shall be conclusive as regards the liability of the Consultant to the
Company and as regards the amount payable by the Bank under this guarantee. The Bank
shall not be entitled to withhold payment on the ground that the Consultant 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 Company and the Consultant
regarding the claim.
The Bank further agree that the Guarantee shall come into force from the date hereof and
shall remain in force and effect till the period that will be taken for the performance of
the said Contract which is likely to be ………… day of …………. but if the period of
Contract is extended either pursuant to the provisions in the said Contract or by mutual
agreement between the Consultant and the company, the Bank shall renew the period of
the Bank Guarantee till such extended time, failing which it shall pay to the company the
said sum of Rs………….. or such lesser amount of the said sum of Rs………………. as
may be due to the company and as the company may demand. This Guarantee shall
remain in force until the dues of the company in respect of the said sum of Rs………..
65
and interest are fully satisfied and the Company certifies that the Contract has been fully
carried out by the Consultant and he has discharged the guarantee.
The Bank further agrees with the company that the company shall have the fullest liberty
without consent of the Bank and without affecting in any way the obligations hereunder
to vary any of the terms and conditions of the said contract or to extend time for
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 Company against the Consultant and to
forebear to enforce any of the terms & conditions relating to the said Contract and the
Bank shall not be relieved from its liability by reason of such failure or extension being
granted to the Consultant or to any forbearance, act or omissions on the part of the
company or any indulgence by the Company to the Consultant or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision
have the effect or relieving or discharging the Guarantor.
The Bank further agrees that in case this Guarantee is required for a longer period and it
is not extended by the Bank beyond the period specified above the Bank shall pay to the
company the said sum of Rs………….. or such lesser sum as may then be deemed to the
Company and as the Company may require.
Notwithstanding anything contained herein the liability of the Bank under this Guarantee
is restricted to Rs……….. The Guarantee shall remain in force till the day
………*………….. of ……*…….. and unless the Guarantee is renewed or claim is
preferred against the Bank on or before the said date all rights of the Company under this
Guarantee shall cease and the Bank shall be relieved and discharged from all liabilities
hereunder except as provided in the preceding Clause.
* The date of guarantee shall cover a period of minimum one year or 270 days beyond
the date of completion whichever is more.
Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-
mail/Fax addressed to the bank branch/operative branch, which shall be deemed to be a
sufficient demand notice. Bank shall effect payment thereof forthwith.
This Guarantee will not be discharged due to the change in the constitution of the Bank
or the Consultant.
The Bank has under it is constitution power to give this guarantee and Shri
……………… who has signed it on behalf of the Bank has authority to do so.
Signed and sealed this………..day of……………..at…………
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code number)
(address)
“The Bank Guarantee as referred above shall be operative at our branch at…….. payable
at………………………….
(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name
of the branch with address of the specified town/city)”
NOTE:-The department shall ensure extension of guarantee period in case of extension
of time.
66
ANNEXURE-IV UNDERTAKING ON LETTER HEAD OF BIDDER
IV. UNDERTAKING I/We, ----------------------------------------------------, Partner/Legal Attorney/ Authorized
Representative of Sri/Smt./M/s -----------------------------------------------------(Name of
bidder), solemnly declare that:
1. I/We am/are submitting Bid for the work……......................................................against
NIT No/Tender ID......................... Dated………………… and I/we offer to execute the
work in accordance with all the terms, conditions and provisions of the bid.
2. Myself/Our Partners/Directors don‟t has/have any relative as employee of Coal India
Limited/Central Coalfields Limited.
3. All information furnished by me/us on-line in respect of fulfilment of eligibility
criteria and qualification information of this Bid is complete, correct and true.
4. All copy of documents, credentials and documents submitted along with this Bid are
genuine, authentic, true and valid.
5. I/ We hereby authorize department to seek references / clarifications from our Bankers.
6. I/We hereby undertake that we shall register and obtain license from the competent
authority under the contract labour (Regulation & Abolition Act) as relevant, if
applicable. We have full right and authority to carry out the works.
7. We shall perform all works with promptness and diligence in a professional manner
and at a level of proficiency to be expected of a consultant with the background and
experience that we have represented to CCL we have and in accordance with terms of the
contract.
8. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We
shall make necessary payments as required under law.
Or
*I/We hereby undertake that we shall take appropriate steps for registration as relevant
under CMPF / EPF authorities, if applicable. We shall make necessary payments as
required under law
9. *I/We have not been banned or delisted by any Govt., or Quasi Govt. Agencies or
PSUs or Others(In case of JV, all partners are covered).
Or
*I / We ………………..have been banned by the organization named “_____________”
for a period of………………… year/s, effective from ……………….
to……………………..…..(in case of JV, name(s) of the JV Partner(s)).
10. If any information and document submitted is found to be false/ incorrect at any time,
department may cancel my/our Bid and action as deemed fit may be taken against me/us,
including termination of the contract, forfeiture of all dues including Earnest Money and
banning/ delisting of our firm and all partners of the firm etc.
(This document is digitally signed by the DSC holder authorized by the bidder and
therefore no physical signature is required)
67
ANNEXURE- V
V. NON - DISCLOSURE AGREEMENT
This Agreement made on this ________ day of _____________, ______ (the „Effective
Date‟)
BETWEEN: (1) Central Coalfields Limited., Darbhanga House, Ranchi -834029
AND (2)
_______________________________________________________________________
_______________________________________________________________________
____
(hereinafter referred to, individually, as the “Party” and collectively, as the “Parties”)
Background: i) The Parties are, or will be, evaluating, discussing and negotiating a potential
contractual relationship concerning the ___________________________________
______________________________________________________ (the „Project‟).
ii) The Parties may, in these evaluations, discussions and negotiations, disclose to each
other information that is technically and /or commercially confidential.
iii) The Parties have agreed that disclosure and use of such technical and/or commercial
confidential information shall be made and on the terms and conditions of this
Agreement.
Now it is agreed as follows: 1.0 Definitions:
In this Agreement the following terms shall, unless the context otherwise requires, have
the following meanings:
1.1 „Disclosing Party‟ means the Party disclosing Confidential Information to the other
Party under this Agreement.
1.2 „Receiving Party‟ means the Party receiving Confidential Information from the other
Party under this Agreement.
1.3 „Confidential Information‟ means any information, which shall include but is not
limited to, design, fabrication & assembly drawings, know-how, processes, product
specifications, raw materials, trade secrets, market opportunities, or business or financial
affairs of the Parties or their customers, product samples, inventions, concepts and any
other technical and/or commercial information, disclosed directly or indirectly and in any
form whatsoever (including, but not limited to, disclosure made in writing, oral or in the
form of samples, models, computer programs, drawings or other instruments) furnished
by the Disclosing Party to the Receiving Party under this Agreement.
1.3.1 Such Confidential Information shall also include but shall not be limited to:
1.3.1.1 information disclosed by the Disclosing Party in writing marked as confidential at
the time of disclosure;
1.3.1.2 information disclosed by the Disclosing Party orally which is slated to be
confidential at the time of disclosure;
1.3.1.3 information disclosed in any other manner is designated in writing as Confidential
Information at the time of disclosure; or
1.3.1.4 notwithstanding sub-clauses 1.3.1.1, 1.3.1.2 and 1.3.1.3 of this definition, any
information whose nature makes it obvious that it is confidential.
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1.3.2 Such Confidential Information shall not include any information which: 1.3.2.1 is,
at the time of disclosure, publicly known; or
1.3.2.2 becomes at a later date, publicly available otherwise than a wrongful act or
negligence or breach of this Agreement of or by the Receiving Party; or
1.3.2.3 the Receiving Party can demonstrate by its written records that such information
was in its possession, or known to the Receiving Party, before receipt under this
Agreement, and which was not previously acquired under an obligation of
confidentiality; or
1.3.2.4 is legitimately obtained at any time by the Receiving Party from a third party
without restrictions in respect of disclosure or use; or
1.3.2.5 the Receiving Party can demonstrate to the satisfaction of the Disclosing Party,
has been developed independently of its obligations under this Agreement and without
access to the Confidential Information.
1.4 „Purpose‟ means the evaluations, discussions, negotiations and execution regarding a
contractual relationship between the Parties in respect of the Project defined in paragraph
(i) of the Background section.
1.5 „Affiliate‟ means any legal entity which, at the time of disclosure to it of any
Confidential Information, is directly or indirectly controlling, controlled by or under
common control with any of the Parties.
1.6 „Contemplated Agreement‟ means any future legally binding Agreement between
the Parties in respect of the Project envisaged under this Agreement.
2.0 Non-Disclosure of Confidential Information:
2.1 In consideration of the disclosure of Confidential Information by the Disclosing Party
to the Receiving Party, solely for the Purpose, the Receiving Party undertakes whether by
itself, its successors and heirs, not to disclose Confidential Information to any third party,
unless in accordance with Clause 4.
2.2 In addition to the undertaking in Clause 2.1, the Receiving Party shall be liable for:
2.2.1 any loss, theft or other inadvertent disclosure of Confidential Information, and
2.2.2 any unauthorized disclosure of Confidential Information by persons (including, but
not limited to, present and former employees) or entities to whom the Receiving Party
under this Agreement has the right to disclose Confidential Information, except where,
the Receiving Party has used the same degree of care in safeguarding such Confidential
Information as it uses for its own Confidential Information of like importance and in no
event less than a reasonable degree of care; and upon becoming aware of such
inadvertent or unauthorized disclosure the Receiving Party has promptly notified the
Disclosing Party thereof and taken all reasonable measures to mitigate the effects of such
disclosure and to prevent further disclosure.
2.3 The Receiving Party understands and agrees that:
2.3.1 any information known only to a few people to whom it might be of commercial
interest and not generally known to the public is not public knowledge;
2.3.2 a combination of two or more parts of the Confidential Information is not public
knowledge merely because each part is separately available to the public.
2.4 The Receiving Party acknowledges the technical, commercial and strategic value of
the Confidential Information to the Disclosing Party and understands that unauthorized
disclosure of such Confidential Information will be injurious to the Disclosing Party.
3.0 Use of Confidential Information: The Receiving Party is entitled to use the
Confidential Information but only for the Purpose.
4.0 Permitted Disclosure of Confidential Information:
4.1 The Receiving Party may disclose Confidential Information to any of its Affiliates
and employees, in which event the Affiliate and employee shall be entitled to use
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the Confidential Information but only to the same extent the Receiving Party is
permitted to do so under this Agreement. The Receiving Party agrees that such Affiliates
or employees are subject to confidentiality obligations no less restrictive than those of
this Agreement.
4.2 The Receiving Party shall limit the dissemination of Confidential Information to its
Affiliates and employees having a need to receive such information to carry out the
Purpose.
4.3 The Receiving Party may disclose Confidential Information to its consultants,
Consultants, subcontractors, agents or similar persons and entities having a need to
receive such information to carry out the Purpose on the prior written consent of the
Disclosing Party. In the event that the Disclosing Party gives such consents, the
Receiving Party agrees that such individuals are subject to confidentiality obligations no
less restrictive than those of this Agreement.
4.4 Notwithstanding Clause 2.1, the Receiving Party shall not be prevented from
disclosing Confidential Information, where (i) such disclosure is in response to a valid
order of a court or any other governmental body having jurisdiction over this Agreement
or (ii) such disclosure is otherwise required by law, provided that the Receiving Party, to
the extent possible, has first given prior written notice to the Disclosing Party and made
reasonable efforts to protect the Confidential Information in connection with such
disclosure.
5.0 Copying and Return of Furnished Instruments:
5.1 The Receiving Party shall not be entitled to copy samples, models, computer
programs, drawings, documents or other instruments furnished by the Disclosing Party
hereunder and containing Confidential Information, unless and to the extent it is
necessary for the Purpose.
5.2 All samples, models, computer programs, drawings, documents and other instruments
furnished hereunder and containing Confidential Information shall remain the Disclosing
Party‟s property.
5.3 At any time upon request from the Disclosing Party or upon the conclusion of the
Purpose or expiry of this Agreement, the Receiving Party, at its own cost, will return or
procure the return, promptly and in any event within 14 days of receipt of such request,
of each and every copy of Confidential Information given by the Disclosing Party, and
satisfy the Disclosing Party that it no longer holds any further Confidential Information.
6.0 Non-Disclosure of Negotiations: Except as provided in Clause 4, each Party agrees
that it will not, without the other Party‟s prior written approval, disclose to any third
party the fact that the Parties are discussing the Project. The Parties acknowledge that the
provisions of this Agreement shall apply in respect of the content of any such
discussions. The undertaking set forth in the Clause 7 shall survive the termination of this
Agreement.
7.0 Term and Termination:
7.1 This Agreement shall become effective on the Effective Date. The provisions of this
Agreement shall however apply retroactively to any Confidential Information, which
may have been disclosed in connection with discussions and negotiations regarding the
Project prior to the Effective Date.
7.2This Agreement shall remain in force for five (5) years from the Effective Date,
except to the extent this Agreement is superseded by stipulations of the Contemplated
Agreement.
7.3 The rights and obligations of each Party with respect to all Confidential Information
of the other Party that is received under this Agreement shall remain in effect for a period
of five (5) years from the date of disclosure of Confidential Information.
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8.0 Intellectual Property Rights: All Confidential Information disclosed herein shall
remain the sole property of the Disclosing Party and the Receiving Party shall obtain no
right thereto of any kind by reason of this Agreement.
9.0 Future Agreements: Nothing in this Agreement shall obligate either Party to enter
into any further Agreements.
10.0 Amendments: Any amendment to this Agreement shall be agreed in writing by
both Parties and shall refer to this Agreement.
11.0 Severance: If any term or provision in this Agreement is held to be either illegal or
unenforceable, in whole or in part, under any enactment or rule of law, such term or
provision or part shall to that extent be deemed not to form part of this Agreement, but
the validity and enforceability of the remainder of this Agreement shall not be affected.
12.0 Governing Law: This Agreement shall be governed by and construed in accordance
with the laws of India and in any dispute arising out of or relating to this agreement, the
Parties submit to the exclusive jurisdiction of the Courts situated at Ranchi, India.
13.0 General:
13.1 Upon 45 days written notice, the Disclosing Party may audit the use of the
programs, materials, marketing materials, services, and such additional disclosed
resources. The Receiving Party agrees to co-operate with the Disclosing Party‟s audit and
to provide reasonable assistance and access to information.
13.2 The Disclosing Party shall not have any liability to the Receiving Party for any
claims made by third parties arising out of their use of the Disclosing Party‟s trademarks
(including “Logo”) or marketing materials. The Receiving Party agrees to indemnify the
Disclosing Party for any loss, liability, damages, cost or expense (including attorney‟s
fees) arising out of any claims, which may be made against the Disclosing Party arising
out of their use of the Logo or marketing materials where such claim relates to their
activities, products or services. Notwithstanding above, the Receiving Party shall have no
obligation to indemnify the Disclosing Party with respect to a claim of trademark or
copyright infringement based upon their use of the Logo or marketing materials, as
expressly permitted under this Agreement.
13.3 The Receiving Party shall disclose of any similar agreements explicit or otherwise,
for similar purpose/application with in its own organization, or any other third party.
13.4 In the event of a breach or threatened breach by the Receiving Party of any
provisions of this Agreement, the Disclosing Party, in addition to and not in limitation of
any other rights, remedies or damages available to the Disclosing Party at law or in
equity, shall be entitled to a temporary restraining order / preliminary injunction in order
to prevent or to restrain any such breach by the Receiving Party, or by any or all persons
directly or indirectly acting for, on behalf of, or with the Receiving Party.
13.5 The present Agreement will form a part of Contract Documents.
IN WITNESS WHEREOF, this Agreement was duly executed on behalf of the Parties on
the day and year first above written.
For and on behalf of For and on behalf of
Central Coalfields Ltd. (Company Name)
Sign : ____________________ Sign : ___________________
Name : Name :
Title : Title :
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ANNEXURE-VI
VI. LETTER OF BID To
The
General Manager (Washery Operation) (TIA),
Central Coalfields Limited
Sub: Letter of Bid for the work of “peer review with detailed financial study and vetting of the Pre-
Feasibility Report (PFR) prepared by M/s PricewaterhouseCoopers Pvt. Ltd. (PwC), Gurgaon
for Setting up of Coal Based Methanol/ Ammonia/ Ammonium Nitrate Plant in North
Karanpura Coalfield of Central Coalfields Limited (CCL)” .
Ref.: 1. Tender No.: CCL/washery/Peer review/CTL/01 Dated 21.08.2019.
2. Tender Id: 2019_CCL_147781_1
Dear Sir, 1. Having examined the Tender Document including Addenda/Corrigenda, if any (insert
numbers), we, M/s. (..… name of the bidder firm.…….) represented by the undersigned,
Mr/Ms………………… Employee/ Partner /Legal Attorney / Proprietor /Accredited
Representative, offer to supply and deliver (description of Goods and Services) vide our
offer No………………..dated …………in conformity with the said Tender Document.
2. We confirm to accept all terms and conditions contained in the tender document
unconditionally and to be abide by the same in all respect.
3. We confirm to accept that the bid is being submitted in accordance with the terms,
conditions and instructions of NIT documents, after verifying all the facts relating to
contract and Scope of Works and after being fully aware of the terms and conditions of
NIT documents and being fully satisfied to the same.
4. We confirm to accept that the terms and conditions of this NIT including its
implementation and the decision of CCL will not be challenged. We have perused the
terms and conditions of NIT before submitting bid and submitted the bid after accepting
the same in all respect.
5. We agree to abide by this bid for a period of 120 days from the date of bid opening and
it shall remain binding upon us and may be accepted at any time before the expiration of
that period.
6. 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.
7. We understand that you are not bound to accept the lowest or any bid you may receive.
8. We confirm that the contents of the offer are given after fully understanding and all
information furnished by us are correct and true and complete in every respect.
9. We confirm to accept that the work shall be done and completed within the stipulated
time.
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10.We confirm to accept that the price shall remain fixed and firm without any price
variation due to any escalation in price as provided in NIT documents.
11. We confirm that all information/ documents / credentials submitted along with the
tender are genuine, authentic, true and valid.
12. We confirm that if any information or document submitted is found to be false /
incorrect forged/tampered in any way, 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
along with all partners of the firm as per provisions of tender document/Purchase Manual
of CIL/Provisions of law in force.
13. We have never been banned or delisted by any Government or Quasi-Government
Agency or any Public Sector Undertaking or others in India.
OR
We were banned by the organization named “------------------” for a period of --------------
year(s) effective from ------------------- to ---------------for ------------- (the reasons to be
mentioned).
Note: In case bidder is Indian Agent/ Indian subsidiary/Office of a Foreign entity, its
Foreign entity shall also give above declaration in the bidder‟s Authorization form,
Annexure-4 as per clause-9, SCC, Section-IV.
(This document is digitally signed by the DSC holder authorised by the bidder and therefore
no physical signature is required)
Note: 1. In case the person is not bidding himself and has authorized another person whose
DSC is mapped in the name of bidder, to bid online on his behalf, then the further
authorization on non-judicial stamp paper duly notarized (as per [Annexure-X]) by the
Bidder in favour of person bidding online is required to be uploaded.
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ANNEXURE-VII
VII. UNDERTAKING FOR NO CONFLICT OF INTEREST & NON-
BANNING/BLACKLISTINGOR DELISTING CERTIFICATE (To be submitted on the letterhead of the Bidder)
Date: dd/mm/yyyy
To
General Manager (Washery Operation),
Central Coalfields Limited
Darbhanga House
Ranchi -834029
Dear Sir/Madam,
We hereby certify that we have never been banned or delisted by any Government or
Quasi-Government Agency or any Public Sector Undertaking or others in India.
OR
We were banned by the organization named “------------------” for a period of --------------
year(s) effective from ------------------- to ---------------for ------------- (the reasons to be
mentioned).
as required under Clause 5.3 of e-Tender Notice and 2.8 of Instructions to Bidders of the
bid document.
We hereby further declare that we have read the provisions "Conflict of Interest" under
Clause 32of General Terms & Conditions and certify that we do not have any conflict of
interest as required under the clause.
In case of any change in the status of the above, any time hereinafter, we will
immediately inform CCL of the same.
Signature of the Bidder with seal:
Dated this_______ day of ______ 20--
Signature_______________
Name ___________________
Designation________________
74
ANNEXURE-VIII
VIII. GENERAL INFORMATION ABOUT THE BIDDER
Sl. No. ITEMS DETAILS
(To be filled in by Bidder)
i) Name of the Bidder‟s entity
ii) Legal Status
iii) Year of incorporation of the Bidder entity
(under relevant Act)
iv) Registration Number of the Company
(under relevant Act)
v) Details of the Registered Office
a) Postal Address
b) Telephone no.(s)
c) Fax no(s)
d) Web site, e-mail, if any
e) Address of Regional / Local Office, if any
vi) Details of authorized representative signing LoB and
Pre-Contract Integrity Pact
a) Name
b) Designation
c) Office address
d) Telephone no.
e) Fax no(s)
f) Web site, e-mail address
vii) Banker’s name & address
viii) Permanent Account No.(PAN)
ix) GST Registration number in India
x)
Any other information
(Certified copies, as applicable, to be attached)
Date:
Place:
Authorized Signature
Name & Designation
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ANNEXURE-IX
IX. DECLARATION I__________________S/o__________________Aged_________Working as
MD/Director/Chief Executive Partner/Sole proprietor/ Manager/……………..of
M/s______________having its registered office at ___________________(hereinafter
referred to as Bidder) do hereby solemnly affirm and declare on oath as follows:
1. That I am competent being authorized by M/s…………………to furnish this
certificate and the copy of the document pertaining to such authorization is annexed
herewith marked as Annexure “A”.( To be submitted by the bidder)
2. That in response to Tender Notice being no. ------------------------ (tender number and
date to be filled in) issued by Central Coalfields Limited having its registered office at
Darbhanga house, Ranchi, India (hereinafter referred to as CCL), the Bidder submits
herewith the online techno-commercial bid under cover I along with documentary
evidences in support of the credential of the bidder.
That I am fully aware of the contents of the techno-commercial bid and price bid being
submitted online herewith by the bidder and declare that all the contents of the said cover
are true and correct.
4. That I certify and declare that scanned copies of all documents, attested copies of
documents contained in the aforesaid bid and true copies of original are authentic.
5. That I certify and declare that all information provided and statements made online in
the aforesaid bid are correct and the documentary support of such statements submitted
with the aforesaid bid is genuine and authentic.
6. That I declare that the terms & conditions of the tender of CCL have been fully
understood and the bidder shall abide by the said terms & conditions in all respect. I have
pursued the terms and conditions of NIT before submitting bid and submitted the bid
after accepting the same in all respect.
That I declare and confirm that in the event of any information and statements contained
in the techno-commercial bid and price bid and any of the documents annexed in support
of the credential of the bidder are found to be incorrect or false or not authentic and not
genuine at any time, the bidder shall be liable to be penalized as per the penal provisions
in the terms & conditions of the tender including termination of contract if contract is
awarded and bidder shall also be liable for payment of damages as may be claimed by
CCL. That the statements made in the forgoing paragraphs are true and correct to my
knowledge and the contents thereof are binding on the Bidder.
Name
Designation
Place:
Date:
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Annexure – X
X. FORMAT FOR AUTHORISATION TO DSC HOLDER BIDDING ONLINE
ON BEHALF OF THE BIDDER.
(On NON JUDICIAL STAMP PAPER) We do hereby authorise M/s. /Mr………………………………… Address
………………………………….. whose DSC is mapped in the name of the bidder, for
online bidding on behalf of us for Tender No. ………. Dated …… invited by CCL on
https://coalindiatenders.nic.in.
Name, Signature & Seal of the person who has signed Letter of Bid
And is Authorising the DSC Holder for online bidding.
Name, Signature & Seal of the DSC Holder having DSC mapped in the name of the
bidder, Authorised for online bidding
Signature & Seal of the PUBLIC NOTARY
Annexure – XI
XI. PROFORMA FOR EXECUTION OF AGREEMENT
STAMP PAPER
(of appropriate value as per Stamp Act) This agreement is made on ………………. day of …………….. between ( Name of
Company ) having its registered office at ………………………………………………
(Hereinafter called the „Client‟ which expression shall, unless repugnant to the subject or
context, include its successors and assignees) of the one part and ( Name of the
Contractor ) carrying on business as a ( partnership/ proprietorship/ Ltd. Co. etc. ) firm
under the name and style ………………………………………………… (hereinafter
called the „said Consultant‟ which expression shall, unless the context requires otherwise
include them and their respective heirs, executors, administrators and legal
representatives) of the other part.
Whereas the Client invited tenders for the work of “………………………………………
……………………..” and whereas the said Consultant / Firm submitted tender for the
said work and deposited a sum of Rs………………….. as Earnest Money and whereas
the tender of the said contract has been accepted by the Company for execution of the
said work.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1) In this agreement words and expressions shall have the same meaning as are
respectively assigned to them in the tender papers referred to.
2) The following documents which are annexed to this agreement should be deemed to
form and be read and construed as part of this agreement viz.
(a) the Techno- Commercial Bid and Price-Bid submitted by the Bidder
(b) the Activity-Schedule
(c) e-Tender Notice (e-NIT), Instruction to Bidders (ITB), Scope of the Work, General
Terms & Conditions (GTC)
(d) the Client‟s Notification of Award/ Letter of Acceptance/Work Order
(e) the Pre-Contract Integrity Pact
3) In consideration for the payment of the sum of Rs……………(W/O Value; both in
words and figures ) or such other sum as may be arrived at under the clause of the
specification relating to Payment by items measurements at unit prices by the Company,
the said Contractor shall, subject to the terms & condition contained herein execute and
complete the work as described and to the extent possible with such variations by way of
alteration, addition to the said works.
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4) The Client has received a sum of Rs............ towards Performance Security Deposit
(1stpart of Security Deposit) in the form of Demand Draft / Certified Cheque/ B.G./ other
form (details to be furnished).
5) The said Consultant hereby covenants with the company that the company shall deduct
at 5% of R/A Bills as Retention Money (2nd part of security deposit) to make the total
Security as 10%(ten percent) of contract value, as per the terms & condition of the
tender/ contract.
IN WITNESS whereof the Parties hereto have caused this Agreement to be executedthe
day and year first above written.
Signed, Sealed and Delivered by the Signed, Sealed and Delivered by the
Said (name of representative) Said (name of representative)
For the Client For the Consultant Name ------------- Name -------------
Designation----------- Designation-----------
Name of Company------ Name of Company-----
Witnesses: Witnesses: 1. Name ------------- 1. Name -------------
Designation----------- Designation-----------
Name of Company------ Name of Company------
2. Name ------------- 2. Name -------------
Designation----------- Designation-----------
Name of Company------ Name of Company------
Note: In case the successful bidder happens to be an authorised Indian Agent/ Indian
Office/ Indian Subsidiary of foreign entity, a tripartite contract will be concluded with the
bidder, along-with the foreign entity.