NORTHERN COALFIELDS LIMITED

(A Miniratna Company)

Tender No.: NCL/SGR/MMD/Sec-I/122A1037/18 Date: 02/09/2022

LIMITED GLOBAL TENDER CUM REVERSE AUCTION

“Eligible for participation only by OEM / OPM / OES”

TENDER DOCUMENT

PROCUREMENT OF BUCKET ASSLY. OF TZ WK20 ER SHOVELS OF

AMLOHRI & NIGAHI PROJECTS

CIN- U10102MP1985GOI003160
An ISO: 9001, ISO: 14001 & OHSAS: 18001 Certified Company
पोस्ट-सिगंरौली कोसलयरी, सिला- सिगंरौली, म.प्र., सपन- 486889/
Post- Singrauli Colliery, Distt- Singrauli, M.P. PIN-486889
Phone: 07805- 266388, (FAX) 266640

email: gmmm.ncl@coalindia.inwebsite : www.nclcil.in

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 INDEX

Description of Sections:-
Section I - Invitation for Bids (IFB)
Section II - Instructions to Bidders (ITB)
Section III - General Conditions of Contract (GCC)
Section IV - Special Conditions of Contract (SCC)
Section V - Schedule of Requirements
Section VI - Technical Specifications
Section VII - Sample Forms (Including Letter of bid)

Annexure No. Description

I Letter of Bid (LOB)
II Format for Authorisation to DSC holder Bidding Online on behalf of Bidder
III Manufacturer’s Authorization Form
IV Self-Certificate for Proven-ness
V Local Content Certificate
VI Quality Certificate
VII No-Deviation Certificate
VIII Proforma for Equipment and Quality Control: Not Applicable
IX Declaration Regarding Banning
X Fitment Certificate
XI Technical Support & Services Certificate
XII HSN (Harmonized System Nomenclature) code of product.
XIII Security Deposit Bank Guarantee Format
XIV Performance Bank Guarantee Format
XV Pre-Contract Integrity Pact
XVI Provisions Of Public Procurement (Preference To Make In India)
XVII Restrictions under Rule 144(xi) of the General Financial Rules (GFRs) 2017

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To,

M/s Taiyuan Heavy Industry Co. Ltd., OEM, OES

No. 53, Yuhe Street Wanbaillin District,
Taiyuan, Shanxi,
China – 030024

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 SECTION I - INVITATION FOR BIDS
1. Tenders are invited through on-line bidding process on the website https://coalindiatenders.nic.in
from the eligible bidders. For bidding online, the bidders must possess Class-2 or Class-3 Digital
Signature Certificate (DSC) issued from any agency authorized by Controller of Certifying Authority
(CCA), Govt. of India and which can be traced up to the chain of trust to the Root Certificate of CCA.
The tender document is also available on website https://eprocure.gov.in and NCL website
www.nclcil.in for download by the prospective bidders free of cost. There will be no sale/ distribution
of Hard Copy of the Tender Document.

2. Brief details of the Tender are as under:

Sl. No. of Estimated Value Earnest Money Earnest Money
Item Description Deposit in USD
No. items of Tender Deposit in INR
BUCKET ASSLY. OF TZ WK20 ER
1 SHOVELS OF AMLOHRI & NIGAHI 01 Rs. 14,09,76,960.00 Rs. 28,19,540.00 USD 35,135.00
PROJECTS

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

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

5. Time Schedule of Tender:

Sl. No. Particulars Date Time
a. Tender Publishing date
b. Document download start date
c. Seek Clarification start date As per on line time
schedule on CIL e-
d. Seek Clarification end date
procurement portal
e. Bid Submission start date
f. Bid submission closing date
g. Bid Opening date

6. There is no provision to take out the list of parties which have downloaded the tender document
from the above referred website. As such, bidders are requested to visit the website once again
before due date of tender opening to ensure that they have not missed out any corrigendum issued
against the said tender after they have downloaded the tender document. The responsibility of
downloading the corrigendum, if any, will be of the downloading party. No separate intimation in
respect of corrigendum to the NIT (if any) will be sent to the bidders who have downloaded the
tender document from website.

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 7. In the event of the scheduled/extended due date of opening of bids being declared as a closed
holiday for purchaser’s office or a “bundh”, the due date for opening of bids will be the following
working day at the scheduled time.

8. Reverse auction platform shall be created by TIA within two hours of opening of price bids.

9. The bidders, in their own interest, are requested not to wait till the last moment for submission of bid
to avoid last minute rush and local problems related to internet connectivity, law and order, strike,
bundh etc. The Purchaser shall not be responsible, if bids could not be uploaded due to such local
problems at the bidders’ end.

10. The offer should be submitted (uploaded) strictly as per the terms and conditions and procedures laid
down in the website https://coalindiatenders.nic.in/ tender document failing which the offer is liable
for rejection. Bidders should download the complete NIT including the Annexures and read carefully
before filling the details and uploading the documents.

11. The offers with any deviations to the NIT Terms and conditions shall be liable for rejection.

12. The bidder must upload all the documents required as per the terms of NIT. Any other document
uploaded which is not required as per the terms of the NIT shall not be considered.

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

14. There will be no physical sale of the tender documents.

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 SECTION II - INSTRUCTIONS TO BIDDERS (ITB)

A. Introduction

1. Requirements for participation in e-tenders

In order to submit the online offer on CIL’s e-Procurement portal https://coalindiatenders.nic.in, the
bidders should meet the following requirements:

a) PC with internet connectivity. It will be the bidder’s responsibility to comply with the system
requirement i.e. hardware, software and internet connectivity at bidder’s premises to access the
e-Procurement website. Under no circumstances, NCL / CIL shall be liable to the bidders for any
direct/indirect loss or damages incurred by them arising out of incorrect use of the e-Procurement
system or internet connectivity failures.
b) Online Enrollment/ Registration with CIL’s e-Procurement portal (https://coalindiatenders.nic.in)
with valid Digital Signature Certificate (DSC). The online enrollment/registration of the bidders on
the portal is 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 authorised person. The DSC of
the person bidding online on behalf of bidder (the bidding firm) should be mapped/ registered
with the name of the bidding firm. It shall be the responsibility of the tenderer to ensure that they
get registered with the CIL’s e-Procurement portal well in advance and download the documents
before the last date and time for the same.
c) Bidder’s claiming purchase preference under Make in India Policy or under any policy of
Government of India specifically mentioned in the NIT shall register in the e-procurement portal as
privileged/preferential category bidder before submitting their bid.
d) Class II or Class III Digital Signature Certificate (DSC).

2. Digital Signature Certificate (DSC)

Bidders may obtain Digital Signature Certificate from any Certifying Authority authorised by
Controller of Certifying Authority (CCA) and which can be traced upto the chain of trust to the Root
Certificate of CCA.

3. Help for participating in e-tender

The detailed method for participating in the e-procurement is available on links “Help for Contractor”
and “Bidders Manual Kit” in CIL’s e-Procurement portal. In case of any difficulties in online
submission of the bid please contact to M/s NIC (Shri Rakesh Dubey, Contact. No.:- 07805268308 OR
NIC Toll Free telephone no: 1800-233-7312), before the schedule time of the submission of bid. All
queries will be answered in English / Hindi only.

4. Communication
All communication sent by CIL as well as the e-procurement service provider by post/fax/e-mail/SMS
shall be deemed as valid communication. The bidder must provide complete address, fax number, e-
mail id and mobile number.

5. Cost of Bidding
The bidder shall bear all costs associated with the preparation and online submission of bid, and
Northern Coalfields Limited (NCL), hereinafter referred to as “the Purchaser”, will in no case be
responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

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 B. Eligibility of Bidders

1. Qualification Criteria
The bidder should be in a position to offer and supply in specific delivery period at least 25% of the
total quantity for which the bid has been invited. Offer from bidders who fail to comply with the
qualification criteria stated above shall be considered unresponsive.

2. Eligible Bidders
Only OEM / OES / OPM are entitled to quote against this Limited Global E-Tender.

2.1 The bidders must satisfy any of the following conditions to be considered as eligible bidder against the
tender (the bidders should clearly indicate in their offer the sub-clause against which they claim to be
qualified as eligible bidder):

i) Indigenous (Local) Manufacturers / Foreign Manufacturers

a) Procurement shall be made from manufacturers only. However, if the manufacturer does not
quote directly to any organization in India as a matter of its corporate policy (except in
situations like supplies to OEM/OES/OPM, supplies of spares and consumables bundled with
supply of equipment, supplies to customers not covered not covered by dealer network due
to geographical/logistics constraints), the procurement can be made from its authorized
Indian Agent based on the tender specific authorization issued by the manufacturer
mentioning tender reference number and date and validity of such authorization (Annexure –
III). The manufacturer is also required to submit a certificate that it is not quoting directly
against the tenders of any organization in India (excepting the situations mentioned above, if
applicable) as a matter of its corporate policy and if, subsequently, at any stage, it is found
that it has quoted directly to any organization in India excepting the situations mentioned
above, it shall be liable for penal action as per provision of Coal India Purchase Manual 2020,
if the justification provided by the bidder has not been considered adequate and satisfactory
by the procuring entity.

b) While importing directly from foreign manufacturer, the policy of NCL is not to look for,
encourage or engage agents. However, in case, the foreign manufacturer, as a matter of its
corporate policy, does not quote directly (except in situations like supplies to OEM/OES/OPM,
supplies of spares and consumables bundled with supply of equipment, supplies to customers
not covered not covered by dealer network due to geographical/logistics constraints), it can
authorize its Indian Agent to quote on its behalf. In such case, the foreign manufacturer shall
have to submit above mentioned certificates in favour of its Indian Agent. If the manufacturer
participates directly in any tender in India then the procurement form the authorized agent
shall not be allowed.

Indian Office / Indian Subsidiary of a Foreign Manufacturer can issue a tender specific
authorization in favour of an agent in India provided the Indian Office / Subsidiary itself is
authorized by Foreign Manufacturer to issue such authorizations on their behalf.

c) If at any stage, it is found that agency commission has been paid by any principal without
declaring the agent, the commission will be recovered with interest. Action should also be
taken against the principal as per provisions of Coal India Purchase Manual.

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 d) One manufacturer can authorize only one agent. However, in case of commercially off the
shelf available products, general authorization/dealership /distributorship certificate may be
considered in place of tender specific authorization. Further, in case of tender invited from
system integrators or products/ solutions involving hardware , software and their integration
solution of a number of manufacturers/ vendors , insistence on “One manufacturer can
authorize one agent” may be relaxed.

e) Indigenous manufacturer / Local Supplier can be Class I & Class II as follows:

Class I Local Supplier means a supplier or service provider, whose goods or services offered for
procurement have local content equal to or more than 50%.

Class II Local Supplier means a supplier or service provider, whose goods or services offered
for procurement have 20% or more local content but less than 50%.

Non Local Supplier means a supplier or service provider, whose goods or services offered for
procurement have local content less than 20%.

Local content means the amount of value added in India, which is the total value of the item
procured (excluding net domestic indirect taxes) minus the value of imported content in the
item (including all custom duties) as a proportion of the total value, in percent.

f) Verification of Local Content:

i. The Class –I / Class – II Local Supplier at the time of bidding shall be required to
provide self-certification that the item offered meets the minimum local content
requirement for ‘Class –I Local supplier’/‘Class –II Local supplier’, as the case may be.
They shall give details of the locations(s) at which local value addition has been made.
ii. In case of procurement for a value in excess of Rs. 10 crores, the Local supplier shall be
required to provide a certificate from the statutory auditor of the company(in the
case of companies) or from a practicing cost accountant or practicing chartered
accountant(in respect of suppliers other than companies) giving percentage of local
content.
iii. CIL / Subsidiary Companies may constitute committees with internal and external
experts for independent verification of self-certificates / auditor’s / accountant’s
certificates on random basis and in the case of complaints.
iv. False declarations will attract banning of business of the bidder or its successor(s) for a
period of two years as per Clause No. 6.13.4 of CIL Purchase Manual 2020 along with
such other actions as may be permissible under the law.

ii) Indian Agents

If an agent submits bid on behalf of a manufacturer, the same agent shall not submit a bid on behalf
of another manufacturer in the same tender for the same item / product.

Further, in a tender, either manufacturer can quote or its authorized Indian Agent can quote but both
are not allowed to participate / quote in the same tender.

The business entity of the Indian Agent should be in existence for 3 years on the date of tender
opening, irrespective of date of appointment as Indian Agent. The term ‘Agent’ broadly includes
Distributor, Dealer, Channel Partner etc.
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 iii) Indian office of a Foreign Manufacturer or Indian Subsidiary of a Foreign / Indian Manufacturer:
Indian office of a Foreign Manufacturer or Indian Subsidiary of a Foreign Manufacturer / Indian
Manufacturer is also eligible to quote on behalf of the manufacturer.

2.2 In case of offer from foreign manufacturers in involving Indian Agents, such bidder shall submit the
following pre-existing documents, at the time of tender opening:

i. Foreign Manufacturer’s pro-forma invoice or any other authentic document indicating the
commission payable to the Indian Agent and the nature of after sales service to be rendered
by the Indian Agent.
ii. Copy of the Agency Agreement with the foreign manufacturer stating the precise relationship
between them and their mutual interest in the business.

2.3 The manufacturer / tenderer shall also submit a certificate that no agent / middleman / liasoning agent
or any entity in any name other than the disclosed authorized Indian Agent is involved in the process of
procurement of goods and services and if, subsequently, at any stage, it is found that it has given a false
certificate, it shall be liable for penal action as per provisions of CIL Purchase Manual 2020.

2.4 The amount of Agency Commission payable to the Indian Agent in Indian Currency will be limited to the
percentage indicated in the Agency Agreement or 5% of FOB Value (FOB Value is inclusive of Agency
Commission), whichever is lower. The Indian Agent will be required to submit a certificate along with
their Agency Commission bill, confirming that the amount claimed as Agency Commission in the bill has
been spent / will be spent, strictly to render services to the foreign principal, in terms of the Agency
Agreement. The Purchaser or authorized agencies shall have rights to examine the books of the Indian
Agent and defects or misrepresentations in respect of the afore indicated confirmation coming to light
during such examinations will make the foreign principal (i.e. the Contractor) and their Indian Agent
liable to be banned / suspended from having business dealings with the Purchaser, by following laid
down procedures for such banning / suspension of business dealings.

2.5Undertaking by Agent: Indian agents shall submit undertaking to the following extent:- “We have been
in existence for three years or more on the date of tender opening. We will be responsible for all the
contractual obligations including quality aspects, replacement of part/items and warranty/ guarantee
obligations, and we will be responsible for providing the required after sale service.”

2.6 Apart from documents mentioned above as applicable, following documents are required to
Establishing Bidder’s Eligibility

Sl. Upload digitally signed copy of documents in support of

Category of bidder
No. Eligibility Criteria for the tendered item.
Any one of the following valid documents (self attested):
a. Factory license/Manufacturing license
b. NSIC registration certificate.
c. DGS&D registration certificate
(a) Indian Manufacturers
d. SSI/DIC registration certificate
e. ISO Certificate.
f. BIS license/certificate
g. DGMS approval

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 h. Micro / Small Enterprises MSE Registration certificate issued
by District Industries Centers or Khadi and Village Industries
Commission or Khadi and Village Industries Board or Coir
Board or National Small Industries Corporation or Directorate
of handicrafts and Handloom or any other body specified by
Ministry of Micro, Small and Medium Enterprises.
i. Tender specific Manufacturer’s Authorization as per
Annexure-III, signed and stamped by the manufacturer to
quote against the NCL Tender, indicating the Tender
Reference No. and date along with the offer (self attested).

ii. Any one of the following valid documents of the principal

manufacturer (self-certified by the principal manufacturer):
a. Factory license/Manufacturing license
b. NSIC registration certificate.
Indian Agent authorized c. DGS&D registration certificate
(b)
by Indian manufacturer d. SSI/DIC registration certificate
e. ISO Certificate.
f. BIS license/certificate
g. DGMS approval
h. Micro / Small Enterprises MSE Registration certificate issued
by District Industries Centers or Khadi and Village Industries
Commission or Khadi and Village Industries Board or Coir
Board or National Small Industries Corporation or Directorate
of handicrafts and Handloom or any other body specified by
Ministry of Micro, Small and Medium Enterprises.
Any one of the following Valid documents (Self Attested):
a. Manufacturing license/certificate
(c) Foreign Manufacturers b. ISO Certificate.
c. Any statutory document confirming the “Manufacturer”
status of the Bidder
i. Tender specific Manufacturer’s Authorization as per
Annexure-III, signed and stamped by the manufacturer to
quote against the NCL Tender, indicating the Tender
Reference No. and date along with the offer (Self attested).
Indian Agent authorized ii. Any one of the following valid documents of the principal
(d)
by Foreign manufacturer manufacturer (self-certified by the principal manufacturer):
a. Manufacturing license/certificate
b. ISO Certificate.
c. Any statutory document confirming the “Manufacturer”
status of the Bidder

NOTE: The certificate in respect of NSIC Registration, SSI Registration, MSME, DGS&D Registration,
ISO, BIS License and DGMS approval etc. must be valid on the date of tender opening.

Bidders may also note that:

Mandatory registration of bidder with statutory authorities like Income Tax, GST (if applicable), is required,
unless they are specifically exempt from registration under specific notification / circular / section / rule issued
by statutory authorities. The bidder claiming exemption in this respect shall submit supporting documents as
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 well as certificate from Practicing CA/CMA/CS that Bidder is fulfilling all the conditions prescribed in
notification to make him exempt from registration. For Example: If Bidder is exempt from Registration under
CGST ACT, 2017 due to his aggregate turnover is less than 20 lakh then bidder has to submit the copy of
Notification along Certificate from Practicing CA/CMA/CS that Aggregate turnover from all business is less than
20 Lakh; hence he is exempt from Registration under GST Act, 2017.

SCANNED DOCUMENTS OF THE DOCUMENTS IN RESPECT OF ELIGIBILITY CRITERIA INCLUDING

AUTHORISATION IF ANY, TO BE UPLOADED AS SINGLE .pdf FILE NAMED “Eligibility.pdf”, in COVER-I
Failure to submit the above Documents may render a tenderer “UNACCEPTABLE” without any
further correspondence.

3.Provenness Criteria:
The Spares Parts for HEMM to be offered by the tenderer shall be considered proven if the tenderer qualifies
under any one of the following category:-

A. OEM: Means Original Equipment Manufacturer

Already identified OEM:

M/s Taiyuan Heavy Industry Co. Ltd., No. 53, Yuhe Street Wanbaillin District, Taiyuan, Shanxi,China – 030024

B. OES: Means authorized supplier of Original Equipment Manufacturer – Only those firms who have the current
authorization and/or technical collaboration of OEM for supply of their equipment and giving technical
services would be treated as OES.
NB: The OES has to furnish the relevant documentary proof in support of their OES status.

Already identified OES:

M/s Taiyuan Heavy Industry Co. Ltd., No. 53, Yuhe Street Wanbaillin District, Taiyuan, Shanxi,China – 030024

C. OPM: Means Original Parts Manufacturer falling under following categories:

(i) The original manufacturer of assemblies, sub-assemblies or components of the original

equipment.

(ii) The original manufacturer of spare parts/items of assemblies, sub-assemblies or components of

the original equipment.

Already identified OPM: No identified OPM

Manufacturers will be considered as OPM on fulfilling any one of the following criteria:-

I. On submission of the following documents by OPM:-

a. Self- certificate of being manufacturer of the Assemblies / Subassemblies /Components etc.
b. Self-certified copies of purchase orders in support of proof of having supplied to OEM or copy of an Agreement
of the OEM with OPM, for the tendered items.
c. Self-certified copy of performance certificate from the end user to assess the provenness credibility of the
OPM based on the following criteria:-
“Assemblies /Sub-assemblies /Components and their spares/etc. offered by the OPM must have been supplied in the past
to CIL / subsidiary companies or other PSUs/Government Departments/ Private Organizations and these should have
performed satisfactorily for a period of not less than one year from the date of fitment/commissioning”.
If the above mentioned declaration /information /documents submitted by the OPM are subsequently found
false or forged /tampered in any way, the total responsibility shall lie with the OPM and CIL/subsidiary

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 companies shall reserve the full right to take suitable penal action as may be deemed fit including banning of
business, apart from forfeiture of EMD, Security deposit etc.
OR
II. The Manufacturer whose supplied assemblies /sub-assemblies /components to the OEM have been declared
fitted on the equipment by the OEM. In such cases, documents mentioned under I(a), I(b) and I(c) above are
not required for declaring them as OPM.
OR
III. The manufacturer whose supplied assemblies /sub-assemblies /components were found fitted on the
equipment at the time of physical verification by the committee. In such cases, documents mentioned under
I(a), I(b) and I(c) above are not required for declaring them as OPM.

Once OPM has been identified, no documents related to the identification are required to be submitted by the
OPM in each separate procurement case.

In case the performance of two consecutive supplies made by the OPM in a subsidiary company is not found
satisfactory, its name will be deleted from the list and the said OPM after issue of a notice will not be
considered for further issuance of enquiry.

If the OPM does not supply directly to CIL as a matter of its corporate policy, it may nominate distributor/
dealer/ agent for a particular Subsidiary company and on such authorization, procurement may be made from
such authorized distributor/ dealer/ agent.

NOTE:
(i) The status of the participating bidder shall be considered as declared by them in the TPS under "THE STATUS
OF BIDDER" and the technical scrutiny of offer will be carried on that basis only.
(ii) The status of the authorized Agents/Dealers/Distributors shall also be considered proven provided the
product under reference (Tendered items) of their principal is considered proven under any of the above
Proven Criteria i.e. A to C. However, for such cases, the tenderer has to submit Tender specific
authorization from their Principal. The Principal should stand warranty /guarantee of the offered items
supplied by their authorized Agents/ Dealers/ Distributors.

However, NCL reserves the right to obtain the performance directly from the end user of the item/product.

SCANNED DOCUMENTS OF THE DOCUMENTS IN RESPECT OF PROVENNESS CRITERIA TO BE UPLOADED AS

SINGLE .pdf FILE NAMED “Prove.pdf”, in COVER-I.

Failure to submit the above Documents may render a tenderer “UNACCEPTABLE” without any further
correspondence.

4. Restrictions on procurement from a bidder of a country which shares a land border with India:
I. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only if
the bidder is registered with the Competent Authority. [The Competent Authority for the purpose of
registration under this order shall be the Registration Committee constituted by the department for
Promotion of Industry and Internal Trade (DPIIT)].
II. "Bidder" (including the term ‘tenderer’, ‘consultant’ or ‘Service Provider’ in certain contexts) means any
person or firm or company, including any member of a consortium or joint venture (that is an association
of several persons, or firms or companies), every artificial juridical person not falling in any of the
descriptions of bidders stated hereinbefore, including any agency branch or office controlled by such
person, participating in a procurement process.
III. "Bidder from a country which shares a land border with India" for the purpose of this Order means:
a. An entity incorporated, established, or registered in such a country; or
b. A subsidiary of an entity incorporated, established, or registered in such a country; or

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 c. An entity substantially controlled through entities incorporated, established, or registered in such a
country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls under any of
the above

IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s),
who, whether acting alone or together, or through one or more juridical person, has a controlling
ownership interest or who exercises control through other means.
Explanation—
a. "Controlling ownership interest" means ownership of or entitlement to more than twenty-five
per cent. of shares or capital or profits of the company;

b. "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
rights or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone
or together, or through one or more juridical person, has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person, has
ownership of or entitlement to more than fifteen percent of the property or capital or profits of such
association or body of individuals;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the relevant
natural person who holds the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of
the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other
natural person exercising ultimate effective control over the trust through a chain of control or
ownership.

V. An Agent is a person employed to do any act for another, or to represent another in dealings with third
person.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a country which
shares a land border with India unless such contractor is registered with the Competent Authority.
VII. The above provisions will not apply to bidders from those countries (even if sharing a land border with
India) to which the Government of India has extended lines of credit or in which the Government of India
is engaged in development projects. Uploaded lists of countries to which lines of credit have been
extended or in which development projects are undertaken, are available on the website of the Ministry of
External Affairs.
VIII. Vide OM dated 08.02.2021, it has been clarified by the Government of India that:

a) A bidder is permitted to procure raw material, components, sub-assemblies etc. from the vendors
from countries which shares a land border with India. Such vendors will not be required to be
registered with the Competent Authority, as it is not regarded as “sub-contracting”
b) However, in case a bidder has proposed to supply finished goods procured directly / indirectly from
the vendors from the countries sharing land border with India, such vendor will be required to be
registered with the Competent Authority.

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NOTE:
As per Office Memorandum no. F.12/1/2021-PPD(Pt.) dated 02/03/2021 of Deptt. of Expenditure, GoI,
procurement of spare parts from Original Equipment Manufacturer (OEM) or their authorized agents shall be
exempted from the requirement of registration as mandated under Rule 144(xi) of GFRs 2017 and Public
Procurement orders issued in this regard (Annexure-XVII).
OEM in the instant tender is M/s Taiyuan Heavy Industry Co. Ltd., No. 53, Yuhe Street Wanbaillin District,
Taiyuan, Shanxi, China – 030024. Accordingly, M/s Taiyuan Heavy Industry Co. Ltd., No. 53, Yuhe Street
Wanbaillin District, Taiyuan, Shanxi, China – 030024 or their authorised agent shall be exempted from the
requirement of registration as mandated under Rule 144(xi) of GFRs 2017 and Public Procurement orders
issued in this regard.

5. Reciprocity Clause:

When a Nodal Ministry/Department identifies that Indian suppliers of an item are not allowed to participate
and / or compete in procurement by any foreign government due to restrictive tender conditions which have
direct or indirect effect of barring Indian companies such as registration in the procuring country, execution of
projects of specific value in the procuring country etc. It shall provide such details to all its procuring entities
including CMDs / CEOs of PSEs/PSUs. State governments and other procurement agencies under their
administrative control for appropriate reciprocal action.
Entities of countries which have been identified by the Nodal Ministry / Department as not allowing India
companies to participate in their government procurement for any item related to that Nodal Ministry shall
not be allowed to participate in Government procurement in India for all items related to that Nodal Ministry /
department except for the list of items published by the Ministry / Departmental permitting their
participation.

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 C. Bid Documents

1. Content of Bid Documents

1.1 The Goods required, bidding procedures and Contract terms are prescribed in the Bid Documents. In
addition to the Invitation for Bids, the Bid Documents include:
a. Instructions to Bidders (ITB);
b. General Conditions of Contract (GCC);
c. Special Conditions of Contract (SCC);
d. Schedule of Requirements (SOR);
e. Technical Specifications;
f.Sample Forms(including Letter of bid);
g. Any Other document, information, instruction as specified in the Bid Document and / or specified
in the e-procurement portal;

1.2 The terms & conditions mentioned in Special Conditions of Contract(SCC), Technical Specifications,
Schedule of Requirements (SOR) shall supplement the General Conditions of Contract(GCC).
Whenever there is a conflict, specific provisions contained in SCC,SOR& Technical Specifications shall
prevail over those in the General Conditions of Contract.

1.3 The Bidder is expected to examine all instructions, forms, formats, terms and specifications in the Bid
Documents. Failure to furnish all information / documents/ certificates required by the Bid
Documents will be at the Bidder's risk and it may result in rejection of its bid.

2. Clarification of Bid Documents

A prospective bidder may seek clarification online through CIL’s e-procurement portal after e-
Publication of the NIT. The Purchaser will respond to such requests for clarification of the Bid
Documents, which are received not later than 15 (fifteen) days prior to the deadline for the online
submission of bid. Purchaser’s response shall also be put on the CIL’s e-procurement portal up to 07
(seven) days before the last date of submission of bid, as indicated in the Time Schedule of tender.

15
 D. Preparation and Submission of Bid

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

2. User Portal Agreement

The bidders have to accept unconditionally the on-line user portal agreement which contains the
acceptance of all the Terms and Conditions of NIT including Technical, Commercial & General Terms
& Conditions and other terms, if any, along with on-line undertaking in support of the authenticity of
the declarations regarding the facts, figures, information and documents furnished by the Bidder on-
line in order to become an eligible bidder. No conditional bid shall be allowed/ accepted.

3. Letter of Bid (LOB)

The Letter of Bid (LOB) as per the format given at Annexure-I will be 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 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.
Above documents are to be uploaded in a folder named “LOB” provided in the e-procurement portal.
Note:
a) The person who has signed Letter of Bid physically should bid online while submitting the offer with
his DSC mapped in the name of bidder. The physical signature of the person who has signed the LOB
will be accepted without questioning the identity of the person signing the LOB as the person is DSC
holder and is himself bidding online on CIL’s e-Procurement Portal.
b) In case the person who has signed LOB is not bidding himself and has authorized another person to
bid online on his behalf, then the further authorization on non-judicial stamp paper duly self-attested
as per Annexure-II by the person signing the LOB in favour of person bidding online is required to be
uploaded.

4. Period of Validity of Bids

The bids (Techno-Commercial Bid and Price-Bid) shall remain valid for a period of 120 days from the
day of opening of Techno-Commercial Bid. A bid valid for a shorter period may be rejected by the
purchaser.

5. Methodology for online Submission of Bids

5.1 The offers are to be submitted on-line through CIL’s e-procurement portal in two covers- Cover-I
containing ‘Techno-Commercial Bid’ and Cover-II containing ‘Price-Bid’.

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5.2 Techno-Commercial Bid (Cover-I): The Cover-I of the offer shall contain bidder’s response to the
techno-commercial terms and conditions of the tender document, duly filled in the Excel sheets
provided in e-procurement portal. It should be noted that the Cover-I should not contain the price.
The Cover-I shall contain the following:-

(I) Technical Parameter Sheet with Commercial Parameter Sheet (TPS-CPS.xls). : This will be
downloaded by the bidder and he will furnish all the required information on this Excel file.
Thereafter, the bidder must upload the same Excel file during Bid submission. The Technical
Parameter cum Commercial Parameter Excel file shall contain the following Two sheets:
a) Commercial Parameter Sheet (CPS) - The Commercial Parameter Sheet containing the commercial
parameters should be uploaded after filling the required details and selecting the parameters.
Bidders must fill and select the relevant information before uploading the same. Note: Bidders
should fill Commercial Parameter Sheet (CPS) first and then Technical Parameter Sheet (TPS-BoQ1)
thereafter.

b) Technical Parameter Sheet (TPS-BoQ1) - The Technical Parameter Sheet containing the technical
specification parameters for each tendered item is in Excel format. Non-compliance of any of the
parameter of specification for any of the item will disqualify the bidder for that item.

The Technical Parameter Sheet (TPS-BoQ1) & Commercial Parameter Sheet (CPS) which is incomplete
and not submitted as per instruction given will be rejected by the system. In case of non-compliance
of any of the parameter/ terms in these sheets shall result in rejection of the bid during the process
of automatic evaluation by the system and such bids shall not be considered for opening of Price
Bids.

(II) Other Commercial Information Sheet: Other Commercial Information Sheet in XLS File (named as
COMMERCIAL.XLS) is to be downloaded from bidding portal and uploaded after fulfilling the
required details. This xls file shall contain a single sheet and bidders must fill the relevant
information in the said sheet before uploading the same (to be submitted in Cover-I)
(III) The details of other documents to be submitted in cover –I
Annexure - I Letter of Bid
Format for Authorisation to DSC Holder To be submitted in “LOB” in Cover I
Annexure - II bidding online by the person who has as a pdf file.
signed LOB
Manufacturer’s tender specific
Annexure - III
Authorisation and declaration
Annexure - IV Self-Certificate for Proven-ness
Annexure - V Local content Certificate
Annexure - VI Quality Certificate
Annexure - VII No-Deviation Certificate To be submitted in “CERTIFICATES”
Annexure - IX Declaration for Non Banning-Delisting attached in single PDF file in Cover I
Annexure - X Fitment Certificate
Annexure - XI Technical Support & Services Certificate
HSN (Harmonized System Nomenclature)
Annexure - XII
code of product.
Annexure - XV Pre Contract Integrity Pact
CPS contained in To be downloaded, filled & uploaded
Commercial Parameter Sheet
TPS as Sheet 2 in “TPS-BoQ1.xls” file in Cover I
17
 To be downloaded, filled & uploaded
Commercial Other Commercial Information
in “COMMERCIAL.xls” file in Cover I
Proforma for Equipment and Quality
Annexure - VIII To be Submitted in Single pdf file in
Control applicable for MSE’s &Startups
ELIGIBILITY DOCUMENTS in Cover I
Documents related with Eligibility Criteria
To be Submitted in Single pdf file in
Documents if any, given in Section “Technical Specification”
TECHNICAL DOCUMENTS in Cover I
All the documents related to Proven-ness Criteria given in
To be Submitted in Single pdf file in
Section ”Technical Specification” in Table under the heading
PROVE DOCUMENT in Cover I
“PROVE DOCUMENT”
SCANNED COPY OF FOREIGN REMITTANCE PROOF TOWARDS To be submitted in “EMD AND OTHER
EMD / EXEMPTION DOCUMENT FROM EMD / SECURITY DOC” attached in single PDF file in
MONEY (IF APPLICABLE). Cover I
Certificate in support of MSE, if applicable
Certificate in support of Startup, if applicable
Any other document/certificate as per requirement of NIT.

5.3 Price Bid (Cover-II): The Price Bid containing the Bill of Quantity (BOQ) is in Excel Format will be
uploaded during tender creation. The Price Bid/ BOQ comprises of following Sheets:

I. BoQ1: This is Top Sheet of the Price Bid. Bidders are required to fill up the relevant details only.
Entry of Price is not allowed in this Sheet. Bidders are required to select the Currency in which they
desire to quote from the drop-down menu available in this sheet (INR or Other Currency) for each
individual item.

Submission of information/Price in ‘Bid_INR’ & ‘Bid_Other’: The Price bid/BOQ containing the above
Sheets in Excel File will be downloaded by the bidder and they will quote the rates, taxes & duties
etc. for the offered items in the same Excel file along with the price.

Thereafter, the bidder must upload the same Excel file during bid submission in Cover-II. Price is to be
quoted in the following manner:

(A) Bidders Who Desire to Submit Offer in “INR”: The bidders will select the item wise Type of
Currency as “INR” in the BoQ1 Sheet. The bidders are required to fill all required data and Price
Elements as indicated in Bid_INR Sheet.

(B) Bidders Who Desire to Submit Offer in “Foreign Currency”: Foreign Bidders who are not willing
to quote in INR have the choice to submit offer in any of the following currencies:
(a) US Dollar (US$) (b) Euro € (c) GBP £ (d) Japanese Yen ¥ and (e) Australian Dollar.

They have to select the Port of Shipment / Country of Origin in this sheet. The bidders are required
to fill all required data including the approx. weight for each of the tendered items (in kgs) and Price
Elements as indicated in the Bid_Other Sheet.

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

Bidder must indicate all the price elements of Cost which are applicable in their case, as provided in

18
 the relevant Price Bid Format. In case any of the Cell in Price Bid Format pertaining to any cost
element is left blank or shown as 0.00, then that Element shall be treated as Included in Basic
Price/NIL and in case such cost is applicable/payable extra over the Basic Price the same shall be
borne by the seller in the event of placement of order. NCL will not entertain any claim whatsoever
for additional payment on account of any of such price elements for which value is indicated Nil or
Corresponding Cell is left Blank. However, in case “Basic Price” is indicated as 0.00 / Nil, the Bid
shall be treated as non-responsive for that item.

5.4 OTHER INFORMATION REGARDING BOQ/ PRICE BID:

i.) The Price-bid will be in item-wise unit Rate BOQ format and the bidder may quote for any or all the
tendered items. The Price bid of the tenderers will have no condition. The Price Bid which is
incomplete and not submitted as per instruction given above will be rejected.
ii.) In case of Taxes and Duties like CGST, SGST or IGST, GST Cess (if applicable), the applicable rate of
these duties in terms of %age or is to be entered in the relevant fields.
Note: NCL consignee is/are located in MP as well as UP
For Intra-State Supply: For Inter-State Supply
Where bidder is having local office/warehouses in
Where bidder is NOT having local
the state of supply. Bidder has to indicate
office/warehouses in the state of supply.
applicable Rate of (CGST+SGST) in terms of %age in
Bidder has to indicate applicable Rate of IGST in
the relevant column in Price bid. The breakup to
terms of %age in the relevant column in Price
CGST & SGST in terms of %age is to be given in
bid.
Other Commercial Information (OCI.xls)
In case supply is to be made in UP as well as MP, bidder has to quote applicable rate of GST in the
price bid and breakup in terms of CGST/SGST/IGST is to be given in Other commercial Information
for supply in UP as well as MP as applicable in their case.

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

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

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

v.) In case of Bidder is exempted from Registration under GST ACT and submitted the required
documents as mentioned above, NCL is liable to deposit the CGST, SGST, GST Cess (if applicable)
under reverse charge as per the Provision of CGST Act, then applicable CGST SGST, GST Cess will be

19
 included in landed price. However if the tendered items is eligible for Input Tax credit, the same will
be deducted while computing the L-1 Status.
vi.) In case of Successful bidder(s), if at the time of supply it is found that Input Tax Credit available to
NCL on this account is less than the ‘Input Tax Credit Amount Per Unit” declared in the BOQ/Price Bid,
the differential amount between the two shall be deducted from the Bill of Supplier while making
payment to them.
vii.) Delivery is to be effected on Door delivery basis, thus bidder has to arrange the prescribed E-way bill
at their end.
viii.) It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software and
internet connectivity at bidder’s premises to access the e-Procurement website. Under any
circumstances, NCL shall not be liable to the bidders for any direct/indirect loss or damages incurred
by them arising out of incorrect use of the e-Procurement system or internet connectivity failures.
ix.) HSN Code - Bidder to mandatorily quote HSN (Harmonized System Nomenclature) code of product as
per the format given at Annexure-XII.

Statutory Variation: If there is any statutory change in GST/SGST/IGST within contractual delivery
period, the same shall be admissible and will be paid at actuals based on documentary evidence.
However, no upward revision in the same beyond original delivery period shall be admissible.

5.5 Both the covers – Cover-I ‘Techno-Commercial Bid’ and Cover-II ‘Price Bid’ are to be uploaded in the
e-procurement portal before the last date and time for submission of online bid.

5.6 Scanned copies (PDF) of the complete documents duly filled in, signed, stamped and self-attested
notarized (if required) shall be uploaded along with the offer as per tender requirements at relevant
spaces / folders in Cover-I. All documents attached should be Self-Certified to be True Copies of the
original, signed by the authorized signatory of the bidder with the Company's seal; however, some
documents may require attestation by Notary Public as per instructions given in the relevant clauses
of the tender document. Bidders are suggested to scan the documents in 100 DPI for clarity & easy
uploading.

5.7 In case bidders upload copies of registration certificate of NSIC/BIS License and Approval certificates
issued by various Statutory Bodies of Govt. of India, all such documents shall be duly signed and self
attested by Principal Manufacturer. Apart from copies of supporting documents required as
mentioned in the NIT, no additional/redundant document should be uploaded. Responses to the NIT
in separate attachments, if any, other than what is mentioned in the electronic templates/offer
sheet, shall be ignored.

5.8 The offer should be submitted strictly as per the procedures, terms & conditions laid down in the
tender document, failing which the offer may not be considered. Bids having terms and conditions
which are in deviation to the tender terms are liable for rejection.

5.9 No offline bid shall be accepted. Offer received through Post, Courier, Fax, Telegram or E-mail will
not be considered.

6. Submission of Forged/Tampered Documents

Based on undertaking furnished by the bidder in its Letter of Bid, certifying the authenticity and
statement made in the bid as well as documentary support of such statement submitted with online
bid against the tender, NCL while carrying out evaluation of the offer, shall consider the scanned
copies of the documents without any verification with the original. However, NCL reserves the right
20
 to verify such documents with the original, if necessary at a later stage for which the bidder shall
have to submit the original documents to NCL on demand. If at any point of time during procurement
process or subsequently, any information or document submitted by the bidder, is found to be
false/incorrect /forged/tampered in any way, the total responsibility shall lie with the bidder and NCL
reserves the full right to take penal action as may be deemed fit including rejection of the offer and /
or banning the bidder in NCL for future tenders. The penal action may include termination of contract
/ forfeiture of all dues including EMD/ Security Deposit / banning of the firm along with all partners
of the firm as per provisions of law. Further, suitable action may be taken for claiming damages from
the bidder.

7. Earnest Money Deposit

A. Submission of EMD
The value of Earnest Money to be deposited by the tenderer is specified in the NIT. Specified amount
of EMD shall be submitted online through payment gateway provided at NIC Portal during online
submission of bid.

In case of exemption of EMD, the scanned copy of documents in support of exemption will have to be
uploaded by the bidder during bid submission (EMD & Other documents). EMD shall be interest free.

For Overseas bidders EMD in the form of Direct Foreign Remittance may be drawn directly in the
name of Northern Coalfields Ltd. Bank Account 10373629847, CAG Branch, State Bank of India,
Kolkata -Branch Code 09998, having the SWIFT Facility bearing No SBININBB175, and scanned copy of
the documentary evidence for such Direct Remittance must be up-loaded while submitting online
Bid.

B. Exemption from Submission of EMD

a) State/Central Government Organisations/PSUs, valid NSIC registered firms, valid Ancillary Units of the
Purchaser, Micro and Small Enterprises [MSEs] as per Public Procurement Policy for MSEs Order,
2012 and Startups as recognized by Department for Promotion of Industry & Internal Trade [DPIIT]
(irrespective of the stores for which they are registered) are exempted from submission of EMD. Such
bidders will have to upload the scanned copy of the documents as specified below in support of their
claim for exemption of EMD during submission of bid [by selecting “yes” option and uploading
scanned copy of the documentary evidence in EMD Exemption section provided in the portal]:

Documents required for exemption of EMD

Sl. No. Category of bidders
(self attested and digitally signed)
State/Central Government
1 Self- declaration
Organizations/ PSUs
Valid and Complete NSIC Registration
2 NSIC registered Firms
certificate
Valid and Complete Ancillary status
3 Ancillary Units of the Purchaser
certificate
Registration certificate issued by District
Industries Centre or Khadi and Village
Industries Commission or Khadi and Village
4 Micro and Small Enterprises [MSEs]
Industries Board or Coir Board or National Small
Industries Corporation or Directorate of
Handicrafts and Handloom or any other body

21
 specified by Ministry of Micro, Small and
Medium Enterprises, Or Udyog Aadhaar
Memorandum [UAM] issued by Ministry of
MSME, Or Entrepreneurs Memorandum (EM-II)
signed by DIC.
Recognition certificate from Department for
5 Startup
Promotion of Industry & Internal Trade [DPIIT].

b) OEM/OES are also exempted from submission of EMD.

Note:
1. Wherever relevant Registration certificate indicate certain validity period, Bidders have to ensure
that such validity period covers the original date of tender opening.
2. Above referred “Public Procurement Policy for MSEs Order, 2012” is applicable for procurement
of goods produced and services rendered by MSEs. Traders are excluded from the purview of
Public Procurement Policy.

C. Refund of EMD
 EMD in Indian Rupees of unsuccessful bidders (except the bidders whose EMD is to be forfeited) will
be auto refunded as and when they are declared unsuccessful directly to the account from where it
has been received. No claim from the bidders will be entertained for receipt of the refund in any
account other than the one from where the money has been received.
 In case the tender is cancelled, then EMD of all the participating bidders will be refunded unless it is
forfeited by the Purchaser.
 If the bidder withdraws its bid online before deadline for submission of tender, then the EMD will be
refunded automatically after opening of the tender.
 The EMD of the Successful Bidder will be refunded through e-payment on receipt of required Security
Deposit from the bidder.
 If the refund of EMD is not received by the bidder in the account from which the EMD has been paid
due to any technical fault of the portal/system, then it will be paid through e-payment.
 If the successful/unsuccessful foreign bidder has submitted EMD in foreign currency, refund will be
made in foreign currency through e-payment. In case of refund of EMD submitted in foreign
currency, all charges towards such refund shall be borne by the purchaser.

D. Forfeiture of EMD
The EMD shall be forfeited in the following cases:
 If the bidder withdraws its bid during the period of bid validity offered by the bidder; or
 In the case of a successful bidder, if the successful bidder fails
1. Fails to submit order acceptance within 30 days from the date of order; or
2. Refuses to accept/execute the contract.
3. Fails to furnish the Security Deposit for the due performance of the contract within the specified
period.

8. Deadline for Submission of Bids

Online bids must be uploaded by the bidders at CIL’s e-Procurement portal by the last date and time
as specified in Sec-I, IFB.

22
 The Purchaser may, at its discretion, extend the deadline for the submission of bids in which case all
rights and obligations of the Purchaser and Bidders previously subject to the deadline will thereafter
be subject to the deadline as extended.
In case, 03(three) bids are not received within originally stipulated time; the due date of tender shall
be extended by 4 days automatically by the portal. If, even after 4 days extension, less than 03(three)
bids are received, tender shall be opened without further extension. In case no offer is received,
tender will be cancelled.

9. Late Bids
No bid will be accepted after the deadline for online submission of bid.

10. Modification and Withdrawal of Bids

i. 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 before
the deadline of submission of tender.
ii. No bid can be modified after the deadline for submission of bids.
iii. Bidders may withdraw their bids online within the last date and time of bid submission. However, the
bids once withdrawn cannot be resubmitted again.
iv. No bid can be withdrawn in the interval between the deadline for submission of bids and the
expiration of the period of bid validity offered by the Bidder. Withdrawal of a bid during this interval
may result in the forfeiture of Bidder’s Earnest Money.

11. Purchaser's Right to Accept or Reject any or all Bids

The Purchaser reserves the right to accept or reject any bid and to annul the bidding process and
reject all bids at any time prior to contract award, 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 Purchaser's action. No dispute of any kind can be raised against this right of the Purchaser in
any court of law or elsewhere.

12. Bid Prices

Prices quoted must be FIRM till delivery and on F.O.R. Destination basis, with the break up as per
BOQ / Price Bid. Delivery is to be effected on door delivery basis. Safe arrival of stores at destination
shall be the responsibility of the supplier. The prices must be quoted in the following manner:-
Prices quoted should be given in figures only (To be indicated in BOQ/Price Bid only).

I.) For Bidders in India: The rate should be quoted by the bidders from India in Indian Rupee on FOR
Destination basis which may be any Regional / Central Stores of NCL. The offer should indicate rate
per unit, discount if any, etc. in the Price Bid format Bid_INR.
The bidder should indicate all the relevant cost elements applicable in their case in Bid_INR at the
specified space.

For taxes / duties (% age) and amount both should be clearly indicated as applicable on the date of
offer. The prices quoted should be net of Input Tax Credit of bidder.
Safe arrival of materials up to destination shall be the responsibility of the supplier. Thus E-Way bill, if
any required shall be arranged by Bidder.

II.) For Indirect Import (Where Supplier is to Arrange Import & Pay Customs Duty etc.)Indian
Agents/Dealer/Distributors of overseas suppliers should also submit their offer in above Price Bid

23
 Format Bid_INR in case they are submitting the offer in Indian Rupee on FOR Destination basis. In
case of imported items, offer may be submitted in the following manner :--
(a) Price quoted will be on FOR destination basis and the safe arrival of the consignment from the
country of origin dispatched to the ultimate destination will be suppliers’ responsibility. In that case
only CGST, SGST or IGST and Statutory local levies (if any) will be payable extra as applicable against
documentary evidence.
(b) The tenderer shall give a confirmation along with their offer that a certificate from their Auditor
certifying that they have paid Custom Duty as per prevailing Custom Rates and refund if any shall be
passed on to NCL and their quoted prices is net of IGST paid at the time of import, shall be submitted
along with supplies/bills.

(c) Import Documents: - Shall be applicable as per relevant Clause of NIT.

III.) FOR OVERSEAS BIDDERS: The overseas bidders if quoting directly should quote in the selected
Foreign Currency in the Price Bid Format Bid_Other.

a) The bidders from overseas countries shall quote the prices on FOB port of shipment basis in the Price
Bid Format Bid_Other, in any of the specified foreign currency.
b) Agency commission, Margin, Rebate, Discount, etc., if any, for the Indian Agent should be clearly
specified in %age of Net FOB value in the Price Bid Format Bid_Other. In case of Indian Agent of
Foreign Principal, detailed service to be provided must be confirmed. Indian Agent should submit
Copy of Agency Agreement, if any with their Techno-commercial Bid against this tender

IV.) Conditional discounts shall not be considered for comparison purpose. Cash discount or prompt
payment discount will also not be considered for comparison purpose. However, the discount offered
for NCL normal payment terms (without any condition or deviation) given in this tender will not be
considered as conditional discount.

V.) The Foreign manufacturer must indicate the name & address of its agent in India. It should also
indicate the commission payable to them and the specific services rendered by them. The Indian
Agency commission will be payable only on FOB prices of goods and it should be quoted as a
percentage of the FOB price. In case, the foreign manufacturer does not have any Indian Agent, it
should be clearly mentioned in the bid. In terms of Integrity Pact, the bidder has also to disclose all
payments to agents, brokers or any other intermediaries.

VI.) Consideration of Abnormally Low Bids

An Abnormally Low Bid is one in which the bid price, in combination with other elements of the Bid,
appears so low that it raises material concerns as to the capability of the bidder to perform the
contract at the offered price. Procuring Entity may in such cases seek written clarifications from the
bidder, including detailed price analysis of its bid price in relation to scope, schedule, allocation of
risks and responsibilities, and any other requirements of the bids document. If, after evaluating the
price analysis, Procuring Entity determines that the bidder has substantially failed to demonstrate its
capability to deliver the contract at the offered price, the Procuring Entity may reject the
bid/proposal.

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 E. Bid Opening and Evaluation

1. Opening of Bids & Examination, Verification and Evaluation of Bids:

i. The bidder will have to upload scanned copies of various documents as specified in NIT for the
evaluation process, document in support of exemption of EMD (if applicable) and documents as per
requirement of Technical Parameter Sheet (TPS-BoQ1) Cum Commercial parameter Sheet (CPS) in
excel format for techno-commercial evaluation.
ii. The online bids will be opened on the pre-scheduled date and time of tender opening. The bids will
be decrypted on-line and will be opened by the “Bid Opener” with their Digital Signature Certificates
and upon opening of the tender by the bid openers, system automatically evaluates particulars as
contained in GTE, TPS and other commercial parameters (combined with TPS).
iii. Upon opening of the bids, GTE, TPSand all other documents uploaded by the eligible bidders get
opened.The documents and the TPS of all the bidders shall be downloaded and evaluated by the
Tender Inviting Authority.
iv. 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.
v. The Purchaser will examine the Techno-Commercial bids submitted online by the bidders and the
required uploaded documents to determine whether they are complete and in conformity with the
tender document.
vi. Purchaser will determine whether Techno-commercial bid of the bidders is meeting to the
requirements of the tender document on the basis of the original offer and subsequent
clarifications/confirmation, if any. For the purpose of this determination, a techno-commercially
acceptable bid is one, which conforms to all the terms and conditions of the tender document and
the requirements of all commercial terms and mandatory technical specifications without deviations,
exceptions, objections, conditionality or reservations.

2. Shortfall Documents / Confirmatory Documents

After evaluation shortfall documents/ Confirmatory Documents, if required, shall be sought from the
bidders. Request for documents and the response shall be in writing. No modification of the bid and
any form of communication with NCL or submission of any additional documents, not specifically
asked for by NCL, will be allowed and even submitted they will not be considered by the purchaser.

The shortfall information/documents shall be sought only in case of historical documents which pre-
existed at the time of the tender opening and which have not undergone change since then.
(Example: if the Permanent Account Number, registration with sales tax/ VAT/ GST has been asked to
be submitted and the tenderer has not provided them, these documents may be asked for with a
target date as above).

So far as the submission of documents is concerned with regard to qualification criteria, after
submission of the tender, only related shortfall documents should be asked for and considered. For
example, if the bidder has submitted a supply order without its completion / performance
considered. However, no new supply order should be asked for so as to qualify the bidder.

For this purpose, maximum 02 chances shall be given. The time period for the first clarification will be
considered for 7x24 hours duration and for the subsequent second clarification, if required, as 5x24 hours
duration.

The above documents will be specified on-line under the link ‘Confirmatory Documents, by evaluator,
indicating the start date and end date giving 7 days / 5 days (as applicable)’ time for online submission
25
 by bidder. The bidders will get this information on their personalized dashboard under “Upload
Confirmatory Documents /Information” link. Additionally, information shall also be sent by system
generated email and SMS, but it will be the bidders responsibility to check the updated status/
information on their personalized dashboard at least once daily after opening of bid. No separate
communication will be required in this regard. Non receipt of email and SMS will not be accepted as a
reason of non-submission of documents within prescribed time. The bidders will upload/re-upload
the requested documents within the specified period. NCL reserves the right to verify any of the
documents uploaded by the bidder at any stage.

The techno-commercial acceptability of all the bidders shall be evaluated and after evaluation, the
date of opening of the Price Bid shall be fixed. As soon as the date and time of opening of Price Bids
of the techno-commercially acceptable bidders are set in the portal, system will send SMS & e-mail
alert to the eligible bidders.

3. REVERSE AUCTION (For Estimated Value of the tender more than Rupees 50 Lakhs):
In case of Tenders involving Reverse Auction, the system will not disclose the name of the L-1 bidder,
number of bids and names of the bidders on the portal to anybody prior to the completion of Reverse
auction process.
After opening of the bids, a reverse auction platform (for tender Value more than 50.00 Lakhs) will be
created with the lowest price obtained through BOQ (Price bid) as “Start bid price”.
This L-1 price will be Auction Start Price. The RA will start within 2 hours from actual time of opening
of tender and same will be intimated through SMS & e-mail by the e-procurement system. However,
bidders will be able to see the auction details in the “MY AUCTION” tab after successful publication of
the Reverse Auction Platform. At the time of auction, bidders may participate in Auction through
“LIVE AUCTION” tab. No indication will be available in the portal to anybody regarding number of bids
and names of the bidders.
Reverse Auction Process (RAP) shall be as under:
(a) Upon opening of the Price Bid, system will allow for Auto Financial opening whereby no comparative
statement will be generated but Reverse Auction platform named “Auction BOQ” will be created.
(b) Reverse Auction will be initiated within 2 hours after opening of price bids and a multi auction
template (in excel format) will be uploaded.
(c) The multi auction template will display only the item-wise L-1 price received, decrement value,
starting and end time. The name of bidders participating in the Reverse Auction shall not be made
visible to other bidders and NCL.
(d) The L-1 bid price of each item, calculated as per Evaluation criteria of NIT, will be “Start Bid Price” for
respective item of the NIT.
(e) There will be no participation fees for e-Reverse auction.
(f) Item-wise H -l bid (the highest bid) will be eliminated during price bid opening, if more than four
techno-commercially acceptable bids are available and H -1 bidder (the bidder who has quoted the
highest net landed cost/price) will not be able to participate in the Reverse Auction for that item. If
two bidders have quoted the same H -l net landed cost/price, the bidder who had submitted/ frozen
the bid later, shall be rejected and will not be able to participate in Reverse Auction. However H -l
elimination will not be applicable to the preferential category of bidder like MSEs, Make In India,
Ancillaries, Domestically Manufactured Electronic Products (DMEP) and other preferential category
of bidders notified by Government of India from time to time.
(g) The decrement value will be 0.5% of the start bid price with minimum of Rs.1.00, as the system does
not have a provision of taking amounts less than Rs.1.00 as decrement value. The reduction shall
have to be made as per decrement value or in multiple thereof. In order to have ease of submission

26
 of reverse auction bid by the bidders, the decrement value will be rounded off to nearest value as
under:
i) For decrement values up to Rs.10/-, rounding off will be made to nearest rupee.
ii) For decrement values from Rs.11/- to Rs.100/-, rounding off will be made to nearest 10.
iii)For decrement value from Rs.101/- to Rs.1,000/-, rounding off will be made to nearest 100.
iv) For decrement value from Rs.1,001/- to Rs.10, 000/-, rounding off will be made to nearest 1,000;
v) For decrement value from Rs.10,001/- to Rs.1,00,000/-, rounding off will be made to nearest
10,000 ;
vi) For decrement value from Rs.1, 00, 001/- to Rs.10,00,000/-, rounding off will be made to nearest
1,00,000 and so on…
(h) The maximum seal percentage in one go shall be fixed as 2% over and above the normal decrement
of 0.5%, i.e., 2.5% of Start Bid price or the last quoted price during reverse auction, whichever is
lower.
This shall be worked out as under:
DV1 = (DV + )
Where DV= Decrement Value (fixed) as indicated in NIT
DV1= Maximum range of decrement (Bidders can offer reduction in multiples of DV within this
range L1= Start Bid Price or Current Lowest Price as displayed during reverse auction
If the start bid price is Rs.21000 and decrement value is Rs.100, the maximum seal percentage will be
2% of 21000 i.e. Rs.420 and upper range of reduction shall be Rs.520 (100+420). However, as
reduction has to be in multiples of decrement value, maximum reduction that can be offered by the
bidder will be Rs.500 only and hence, first reduced bid in reverse auction cannot be below Rs.20500.
In the above scenario, the seal percentage for 2nd bid will be 2% of 20500 i.e. Rs.410 and the upper
range of reduction shall be Rs.510 (100+410). Thus maximum reduction that can be offered will again
be Rs.500 only in multiples of Rs.100 (decrement value).
(i) Initial period of reverse auction will be two hours. There will be auto extensions of time every time by
30 minutes in case of any reduction recorded in the last 30 minutes. The reverse auction will come to
a close only when there is no further reduction recorded in the last 30 minutes slot.
(j) System protects bid and bidder information till auction gets over and displays current L-1 price to the
bidder in auction hall.
(k) The log details of the entire reverse auction process will be generated by the system once the process
of reverse auction is completed.
(l) Break-up of price: The break-up will be sought through confirmatory link and the successful bidder
shall upload break-up of price online through confirmatory link, after reverse auction in the same
structure as per their original price bid and they will not be allowed to increase the initial quoted rate
of any item/component. The price, if any, may be either equal to the price offered in reverse auction
or less, otherwise it may be treated as withdrawal of offer and will attract penal action. The break-up
of prices should be uploaded in specified time frame. In case the L-1 bidder fails to submit the break-
up of landed price within stipulated period, the Purchaser will be at liberty to place order on the basis
of the break-up of the e-price bid (BOQ template) submitted by the bidder along with the initial offer,
proportionately reduced and the same will be binding on the bidder.
(m) If a bidder does not submit his bid in the Reverse Auction, the price quoted by him in the price bid
shall be considered as the valid price of that bidder. The status of the bidder (L-1, L-2 etc.) shall be
evaluated considering either the bid price submitted in Reverse auction or the Price quoted in the
price-bid, whichever is lower.
(n) Since, reverse auction is a sequel to e-tender; the process of finalizing the tender upon completion of
reverse auction will be the same as the tender process without reverse auction.
(o) The Auction bid history shall reflect only the bid price.

27
(p) Only the chronologically last bid submitted by the bidder till the end of the auction shall be
considered as the valid price bid of that bidder. Any bid submitted earlier by the bidder prior to
submission of his last bid will not be considered as the valid price bid.
(q) Purchase Preference: In case NIT provides for purchase preference as per Govt. of India policy, as
may be notified from time to time to any category of bidders, and if any of the bidders are eligible for
such purchase preference in terms of policy, such bidders would get opportunity to match the L-1
prices concluded after reverse auction, if their final prices in Reverse Auction fall within the permitted
percentage.
(r) Server time shall be the basis of Start time & Closing time for bidding and shall be binding for all. This
would be visible to all concerned.
(s) On expiry of the closing of the auction, the bid history showing all the last valid bids offered along
with name of the bidders shall be published in the portal. All bidders shall have the facility to see and
get a print of the same for their record.
(t) All electronic bids submitted during the reverse auction process shall be legally binding on the bidder.
The chronologically last bid submitted by the bidder till the end of the auction will be considered as
the valid price bid offered by that bidder and acceptance of the same by the Purchaser will form a
binding contract between the Purchaser and the bidder for entering into a contract.
(u) Conditional discounts shall not be considered. If a bidder offers a discount unilaterally after
submission of bid, the discount shall not be considered for evaluation of offers but shall be availed if
order is placed on such tenderer.
(v) If the lowest price received during reverse auction is found unreasonable or it is unacceptable by
Tender Inviting Authority (TIA), the management reserves right to seek justification of the price from
lowest bidder. If the price is not considered reasonable, management may not accept such bid and go
for another tender process.
(w) In case of disruption of service at the service provider's end while the RAP is online, due to any
technical snag or otherwise attributable to the system failure at the server end, the RAP process will
start all over again. In such a situation, the last recorded lowest price of prematurely ended RAP, will
be the 'Start Bid' price for the restarted RAP.
(x) Restarting of RAP shall be intimated to all the bidders through system/SMS/e-mail through e-
procurement portal. All the time stipulations of normal RAP will be applicable to the restarted RAP.

4. Evaluation Criteria:
On the scheduled date and time of tender opening, Techno-Commercial Bids (Cover-I) will be opened
on-line. Price Bid (Cover-II) containing the price bids of only the technically and commercially
acceptable tenderers evaluated as per laid down procedure, shall be opened later on a date and time
to be notified separately. After opening of the Price bids, a reverse auction platform will be created
with the lowest price obtained through BOQ (Price bid) as “Start bid price”.

4.1 Evaluation of bids will be made item- wise in the following manner:-

A) Evaluation of Indigenous Offer in Indian Rupees

a) The bidder will fill their unit prices in Indian Rupees and on FOR Destination basis with the applicable
rate of GST on FOR destination price in BOQ-“INR sheet”. For the purpose of the contract, term 'FOR
Destination Price' shall mean the sum of Ex-works Price plus Freight up to destination and Transit
Insurance charges up to destination

b) The rate of GST entered by the bidder in BOQ-“INR sheet” shall be legally applicable rate of GST at
the time of submission of bid.
c) Landed Price shall be arrived at after adding these two elements of prices quoted in BOQ-“INR
28
 sheet”.
d) Net Landed Unit Price will be arrived at after deducting Input Tax Credit for GST from Landed Price.

(B) For Overseas Manufacturer (for FOB Offer):

Tenderers should quote firm price on FOB basis only, indicating the currency.

The total price will be estimated in the following manner to arrive at the CIF price and the Total
landed price of the Import offers:-
i.Freight Charges from FOB Port of Shipment to Kolkata Port
Sectors Freight
For USA, Canada and Japan 12% of Net FOB value
All other Sectors 10% of Net FOB value
ii. Insurance charges shall be considered @ 0.5% of the net FOB price.
iii. The FOB Price, Agency commission if any(FOB value is inclusive of Agency Commission),
Marine freight and Marine insurance charges will be added together to work out the CIF Price
of the equipment.
iv. Basic Customs Duty (BCD) on assessable value (which will be CIF value), Social Welfare
Surcharge (at the applicable rate on BCD) and IGST (on assessable value plus BCD plus Social
Welfare Surcharge), will then be added on the CIF price, thus converted into Indian currency.
v. On this net price, 2% of FOB will be added as port clearance and forwarding charges and 3% of
net FOB as estimated average inland freight up to destination, to arrive at the total price
(landed price). IGST will be added on Port Clearance & forwarding charges and Inland freight
and insurance upto destination.
vi.Input Credit of GST, wherever applicable will be availed while evaluating Cost to Company.
Therefore, the total component of GST and IGST shall be deducted from the total foreign
currency component to arrive at “Net foreign currency” component which will be carried over
to the front sheet under head “Rates from Bid_Other Sheet” in BoQ1 sheet.
vii.The Net Foreign currency component as arrived at (f) above shall be converted to INR at the
exchange rate prevailing on the date of opening of Price Bid
NOTE:

4.2 The L-1 status shall be decided by deducing the Input Tax credit on GST. Therefore the bidders are to
ensure timely and correct filing of their returns. In case of any lapse on the part of the bidder
resulting in NCL being denied of the Input Tax Credit by tax authorities, equivalent amount shall be
recovered from the bills of suppliers.

4.3 Statutory Variation: If there is any statutory change in GST within contractual delivery period, the
same shall be admissible and will be paid at actual based on documentary evidence. However, no
upward revision in GST beyond original delivery period shall be admissible unless the delay is due to
any lapse on the part of the purchaser.

4.4 If a new statutory tax/levy/Cess/surcharge etc. comes into effect after award of contract, the same
will be considered based on the merit of the case.

5. Conversion to Single Currency

To facilitate evaluation and comparison of the bids, all bid prices expressed in various foreign
currencies will be converted in Indian Rupee.

29
 The applicable Exchange rate prevailing on the price-bid opening date shall be fed to the system by
the Purchaser after opening of Price Bid from the data of RBI/SBI Website or data obtained directly
from Banks.

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

7. Bid Currency: To facilitate evaluation and comparison of the bids, all bid prices expressed in various
foreign currencies will be converted in Indian Rupee.

The applicable Exchange rate prevailing on the price-bid opening date shall be fed to the system by
the Purchaser after opening of Price Bid from the data of RBI/SBI Website or data obtained directly
from Banks.

8. Contacting the Purchaser

Subject to clarification w.r.t. Shortfall/confirmatory Documents, no bidder shall contact the Purchaser
on any matter relating to its bid, from the time of the bid opening to the time the Contract is
awarded.

Any effort by a bidder to influence the Purchaser in its decisions on bid evaluation, bid comparison or
contract award may result in the rejection of the bidder’s bid.

30
 F. Placement of Order

1. Placement of Order: After the procurement is finalized, scanned copy of the Purchase order will be
uploaded on the e-procurement portal and the original copy will be sent to the bidder/s through
registered/speed post.

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

2. Subsequently, Successful bidder shall submit Security Depot and PBG, as applicable as per terms of
Supply Order.

3. Code of Integrity for Public Procurement (CIPP):

3.1 The Purchaser requires that Bidders/Suppliers/Contractors observe the highest standard of ethics
during the procurement and execution of such contracts. In pursuit of this policy, for the purpose of
this provision, the terms set forth below are defined as follows:

(i) "Corrupt Practice" means making offers, solicitation or acceptance of bribe, rewards or gifts or any
material benefit, in exchange for an unfair advantage in the procurement process or to otherwise
influence the procurement process or contract execution;

(ii) "Fraudulent Practice" means any omission or misrepresentation that may mislead or attempt to
mislead so that financial or other benefits may be obtained or an obligation avoided. This includes
making false declaration or providing false information for participation in a tender process or to
secure a contract or in the execution of a contract;

(iii) "Anti-competitive Practice" means any collusion, bid rigging or anti-competitive arrangement, or
any other practice coming under the purview of The Competition Act 2002, between two or more
bidders, with or without the knowledge of the Purchaser, that may impair the transparency, fairness
and the progress of the procurement process or to establish bid prices at artificial, non- competitive
levels;

(iv) "Coercive Practice" means harming or threatening to harm, directly or indirectly, at any stage,
persons or their property to influence their participation in the procurement process or affect the
execution of a contract;

(v) “Conflict of interest” means participation by a bidding firm or any of its affiliates that are either
involved in the consultancy contract to which this procurement is linked; or if they are part of more
than one bid in the procurement; or if the bidding firm or their personnel have relationships or
financial or business transactions with any official of Procuring Entity who are directly or indirectly
related to tender or execution process of contract; or improper use of information obtained by the
(prospective) bidder from the Procuring Entity with an intent to gain unfair advantage in the
procurement process or for personal gain; and

(vi) “Obstructive practice” means materially impede the Procuring Entity’s investigation into
allegations of one or more of the above mentioned prohibited practices either by deliberately
destroying, falsifying, altering; or by concealing of evidence material to the investigation; or by
making false statements to investigators and/or by threatening, harassing or intimidating any party

31
 to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing
the investigation; or by impeding the Procuring Entity’s rights of audit or access to information.

3.2 Procuring authorities, as well as bidders, suppliers, contractors and consultants, are obliged under
Code of Integrity for Public Procurement to suomoto proactively declare any conflicts of interest
(coming under the definition mentioned above - pre-existing or as and as soon as these arise at any
stage) in any procurement process or execution of contract. Any bidder must declare any previous
transgressions of such a code of integrity with any entity, in any country, during the last three years,
or of being debarred by any other Procuring Entity. Failure to do so would amount to violation of
this code of integrity.

3.3 Punitive Provisions: A particular violation of code of integrity may span more than one of the above
mentioned unethical practices. Without prejudice to and in addition to the rights of the Procuring
Entity to other penal provisions as per the bid documents or contract, if the Procuring Entity comes
to a conclusion that a (prospective) bidder/supplier, directly or through an agent, has violated this
code of integrity in competing for the contract or in executing a contract, the Procuring Entity may
take appropriate measures in line with CIL Purchase Manual 2020

4. Pre-Contract Integrity Pact: (Applicable for tender Value above Rs. 2 Crore)
The bidders will have to upload along with their offer, digitally signed Pre-Contract Integrity Pact as
per prescribed format [Annexure-XIII, Sample Forms] failing which their offer may not be
considered. In terms of the Integrity Pact, the Independent External Monitors (IEMs) nominated for
this tender are as follows:
SI. Name of IEM Address e-Mail ID Mobile No.
No. 23, IFS Villas, P-6,
Shri V. P. Haran, IFS +91-
1 Builders Area, Greater vpharan@yahoo.com
(Retd.) 9910724020
Noida U.P.– 201310
72, Prashasan Nagar,
Shri P. Mallkharjuna +91-
2 Jubilee Hills, pmkrao72@gmail.com
Rao, IFS (Retd.) 9989171958
Hyderabad - 500096

In case of any grievance, bidders may approach Independent External Monitor(s) (IEMs). The email or
the envelope should carry the subject line “Complaint to the IEM regarding Tender”.

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

5. Purchase Preference under ‘Make in India’ Policy

Under ‘Make in India’ policy of Government of India, Purchase Preference will be given to eligible
bidders as per Public Procurement (Preference to Make in India), Order 2017 issued vide order No. P-
45021/2/2017-B.E.-II dated 15.06.2017 (subsequently revised vide orders dated 28.05.2018 and
29.05.2019 and 16.09.2020) of Department of Industrial Policy and Promotion, Ministry of Commerce
and Industry. (Annexure-XVI, Sample Forms). Bidders are required to submit necessary certificates &
documents as detailed in the above referred GOI Order in support of their claim to avail benefit
against this order.
Note: The bidders who claim Purchase Preference under ‘Make in India’ Policy shall fulfill all
requirements of tender document applicable for Indigenous Manufacturer.

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6. Purchase Preference to Micro & Small Enterprises (MSEs)
As per provision of Micro, Small and Medium Enterprises Development Act, 2006, the vendors should
confirm their Registration Number along with the name of their Registering Authority. They should
also attach a duly self-certified copy (certified by the Chief Executive of the Enterprise) of the valid
registration certificate with each invoice against each dispatch of all purchase orders.

“25% of the tendered quantity shall be reserved for procurement from participating Micro & Small
Industries subject to their quoting price within the band of L-1 +15% and bringing down their price to
L-1 price in a situation L-1 price is from someone other than a Micro and Small Enterprises. In case of
more than one such Micro and Small Enterprise, the supply shall be shared proportionately (tendered
quantity).

Out of 25% of this quantity, 4% shall be procured from Micro and Small Enterprises owned by SC/ST
entrepreneurs provided they meet the tender requirement and L-1 price. In event of failure of such
Micro and Small Enterprises to participate in tender process or meet tender requirement and L-1
price this 4% requirement earmarked for Micro and Small Enterprises owned by SC/ST shall be met
from other Micro and Small Enterprises.
MSEs would be treated as owned by SC/ ST entrepreneurs if:
(i) In case of proprietary MSE, proprietor(s) shall be SC/ST.
(ii) In case of partnership MSE, the SC/ ST partner(s) shall be holding at least 51% shares in the unit.
(iii) In case of Public Limited Companies, at least 51% share shall be held by SC/ ST entrepreneurs at
any given point of time.
Special provision for Micro and Small Enterprise owned by women. Out of the total procurement
from Micro and Small Enterprises, 3 per cent from within 25 per cent target shall be earmarked for
procurement from Micro and Small Enterprise owned by women.

The firm has to submit a copy of Entrepreneurs memorandum certificate i.e. EM-Part-2 issued by
District Industries Centre or Registration certificate issued by District Industries Centers (DICs) or
Khadi and Village Industries Commission (KVIC) or Khadi and Village Industries Board (KVIB) or Coir
Board or National Small Industries Corporation (NSIC) or Directorate of Handicrafts and Handloom or
firms having Udyog Aadhar Memorandum (UAM) or any other body specified by Ministry of Micro,
Small and Medium Enterprises (MoMSME) to claim their status as “MICRO” & “SMALL” Enterprise.

“SC” & “ST” Entrepreneurs have to submit necessary caste certificate issued by State Authorities.
NOTE: MSE firms are required to declare their Udyam No., failing which such bidders will not be
able to avail the benefits as per Public Procurement Policy for MSEs Order 2012.

6.1 It is clarified that if L1 price is quoted by an MSE, then the MSE who quotes L I price will get the
opportunity for full supply. However, if there are ancillary units within Ll+15% price band, then 20%
quantity shall be distributed among them at L I price.

6.2 Further, in case of non-divisible tenders, an MSE quoting in the price band of Ll+15% may be
awarded for full/complete supply of tendered value, considering the spirit of policy for enhancing the
government procurement from MSEs, subject to bringing down of price to L I by the MSE concerned.

6.3 Where any Aggregator appointed by the Ministry of MSME, themselves quote on behalf of some
MSE units, such offers will be considered as offers from MSE units and all such facilities would be
extended to these also.

33
 6.4 This Policy is meant for procurement of only goods produced and services rendered by MSEs and
not for any trading activities by them. An MSE Unit will not get any purchase preference over another
MSE Unit.

7. Purchase Preference to Ancillary Units of Northern Coalfields Limited

The Ancillary units should indicate their assessed capacity along with the total pending order
available with them on the date of tender opening. The difference between the two will be taken as
their available balance capacity for the tender and distribution of order quantity will be decided
based on the same.

Ancillary Status granted to a firm shall be valid for a period of three years during which the
performance of the firm shall be monitored and in case of consistent unsatisfactory performance of
the firm or change in the status of the firm from MSE to Medium or Large Enterprise, the ancillary
status granted to the firm shall be withdrawn. Renewal of ancillary status for another three years
shall be considered only after receipt of request made by the firm.

In tender, the participating ancillary units within the price band of L1 +15% shall also be allowed to
supply a portion of requirement by bringing down their price to L1 price in a situation where L1 price
is from someone other than an Ancillary. Such Ancillary shall be allowed to supply up to 25% of total
tendered value over and above the 25% value reserved for MSEs. In case of more than one such
ancillary unit, the supply shall be shared proportionately (to tendered quantity).

If in a tender, L1 price is quoted by an ancillary unit, then the ancillary who quoted L1 price will get
the opportunity for full supply. However, if there are MSEs within L1 + 15% price band, then 25%
tender quantity shall be awarded to them subject to their matching L1 price.

8. Cartel Formation/Pool Rates

8.1 In case a group of bidders quote the same rate against a tender. Such pool/cartel formation is
against the basic principle of competitive bidding and defeats the very purpose of an open and
competitive tendering system.
Such and similar tactics to avoid/ control true competition in a tender leading to “Appreciable
Adverse Effect on Competition” (AAEC) have been declared as an offence under the Competition Act,
2002, as amended by the Competition (Amendment) Act, 2007.

8.2 In case of cartelization or apparent cartel formation, NCL reserves the right to:
(i) ban or suspend business with the suspect bidders and cancel their bids without assigning any
reason thereof and
(ii) Place order on one or more firms with exclusion of the rest without assigning any reason thereof.
The matter of cartelization or collusive bidding based on any material or circumstantial evidences or
otherwise would be decided by the IEM(s) nominated for this tender.

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 SECTION III – GENERAL CONDITIONS OF CONTRACT (GCC)

GENERAL CONDITIONS OF CONTRACT

1. Definitions
In the interpretation of the contract and the general and special conditions governing it, unless the context
otherwise requires, the following terms shall be interpreted as indicated below:

a) “The Contract” means the agreement entered into between the Purchaser and the Supplier including all
attachments and appendices thereto and all documents incorporated by reference therein including Invitation
to tender, Instructions to tenderers, Acceptance of tender, Particulars and the General and Special Conditions
specified in the acceptance of tender;

b)“Contract Price” means the price payable to the Supplier under the Contract for the full and proper
performance of its contractual obligations;

c) “Goods” means all of the equipment, plant, machinery, and/or other materials which the Supplier is
required to supply to the Purchaser under the Contract;

d) “Services” means those Services ancillary to the supply of the Goods, such as transportation and insurance,
and any other incidental Services, such as installation, commissioning, provision of technical assistance,
training and other such obligations of the Supplier covered under the Contract;

e) “GCC” means the Conditions of Contract contained in this section;

f) “SCC” means the Special Conditions of Contract;

g)“Purchaser” means the organisation purchasing goods and services, i.e., Coal India Limited or its subsidiaries
or areas falling under various subsidiaries of Coal India Limited;

h)“Purchaser’s country” is India;

i) “Supplier/Contractor” means the individual, firm or company with whom the contract has been concluded
for supplying the Goods and Services under the Contract. The Supplier/Contractor shall be deemed to include
its successors (approved by the purchaser), representatives, heirs, executors, administrators and permitted;

j)“CIL” means Coal India Limited or the Subsidiary Company of CIL or areas falling under various subsidiaries of
CIL where Goods are deployed/ used;

k)“Year” means the Calendar Year.

l) “Chairman” means the Chairman of Coal India Limited.

m)“Chairman-cum-Managing Director” means Chairman-cum-Managing Director of any of the Subsidiary

Companies of Coal India Limited, presently Central Coalfields Limited, Eastern Coalfields Limited, Western
Coalfields Limited, Bharat Coking Coal Limited, Central Mine Planning & Design Institute Limited, South Eastern
Coalfields Limited, Northern Coalfields Limited and Mahanadi Coalfields Limited.

n) “Drawing” means the drawing and plans specified in or annexed to the schedule or specifications.

o) “Inspector” means any person nominated by or on behalf of the purchaser to inspect supplies, stores or
work under the contract or his duly authorized agent.

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p )“Progress Officer” means any person nominated by or on behalf of the Purchaser to visit supplier’s works to
ascertain position of deliveries of Goods ordered.

q) “Materials” shall mean anything used in the manufacture or fabrication of the stores.

r) “Stores” means the goods specified in the Supply Order or schedule which the supplier/contractor has
agreed to supply under contract.

s) “Test” means such test or tests as are prescribed by the specifications or considered necessary by the
Inspector or any agency acting under direction of the Inspector.

t) “Site” mean the place or places named in the “Supply Order” or such other place or places at which any
work has to be carried out as may be approved by the purchaser.

u)Words denoting the persons shall include any company or association or body of individuals whether
incorporated or not.

v)Words in singular include the plural and vice-versa.

w)Words denoting the masculine gender shall be taken to include the feminine gender.

x)“Writing” shall include any manuscript, typewritten or printed statement under or over signature or seal as
the case may be.

y)“Unit” and “Quantity” means the unit and quantity specified in the schedule.

z)“Purchase Order” or “Supply Order” or “Order” or “Contract” means an order for supply of stores and
includes an order for performance. The terms “Supply Order”, “Purchase Order”, “Order” and “Contract” are
interchangeable.

aa) “Particulars” shall mean the following:

i) Specifications;
ii) Drawing;
iii) Sealed pattern denoting a pattern sealed and signed by the Inspector;
iv) Certified or sealed sample denoting a copy of the sealed pattern or sample sealed by the purchaser for
guidance of the Inspector;
v) Trade pattern denoting a standard of the ISI or other standardizing authority or Coal India Ltd. and/ or
any of its subsidiary companies or a general standard of the industry and obtainable in the open market;
vi) Proprietary make denoting the product of an individual manufacturer;
vii) Any other details governing the construction, manufacture and/or supply as existing in the contract.

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

2. Application
These Conditions shall apply to the extent that they are not superseded by provisions in other parts of the
Contract.

3. Standards
The Goods supplied under this Contract shall conform to the standards mentioned in the Technical
Specifications. Such standards shall be the latest issued by the concerned institution.

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4.Use of Contract Documents and Information
4.1.The Supplier shall not, without the Purchaser'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 Purchaser in connection therewith, to any person other than a person employed by
the Supplier in the performance of the Contract. Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary for purposes of such
performance.

4.2. The Supplier shall not, without the Purchaser's prior written consent, make use of any document or
information enumerated in sub-clause 4.1 above, except for purposes of performing the Contract.
4.3. Any document, other than the Contract itself, enumerated in sub-clause 4.1 above shall remain the
property of the Purchaser and shall be returned (in all copies) to the Purchaser on completion of the
Supplier's performance under the Contract if so required by the Purchaser.

5. Patent Rights
The Supplier shall indemnity the Purchaser against all third-party claims of infringement of patent,
trademark or industrial design rights arising from use of the Goods or any part thereof in the
Purchaser's country.
6. Security Deposit
6.1. The successful tenderers will have to submit Security Deposit for the 10% value of the total landed
value of the contract including all taxes, duties and other costs and charges, without considering Input
Tax Credit.

6.2. The Security Deposit shall be in the form of a Bank Demand Draft or in the form of a Bank Guarantee
in the prescribed format from a RBI Scheduled Bank in purchaser’s country (on a non-judicial stamp
paper) within 15 days from date of notification of award or placement of order.

6.3. The Security Deposit shall be in the same currency(ies) in which contract is to be signed/ issued. In
case of multi-currency contract, separate Security Deposit Bank Guarantee (SDBG) in respective
currency for required value as above shall be submitted.

6.4. In case of equipment, SDBG shall not be individual equipment wise. However, multiple Bank
Guarantees for Security Deposit shall be permissible provided value of all the SDBGs totals to 10% of
the contract value, and all are submitted simultaneously within the specified time schedule and all of
them are in the same prescribed format of SDBG without linking to any particular equipment.

6.5. The SDBG shall remain valid up to 3 months after completion of supplies and acceptance of materials
by the consignee in case of supply contracts and in case of contracts for equipment involving
installation and commissioning, 3 months after the supply and commissioning of all the equipment
covered in the contract.

6.6. If the successful tenderer fails to deposit the security deposit within 15 (fifteen) days from date of
notification of award/ placement of order, another opportunity may be given to them for submission
of Security Deposit within next 15 days. If the successful tenderer still fails to deposit the security
deposit within the extended period but executes the supplies within scheduled delivery period, the
submission of Security Deposit may be waived, as the purpose of submission of SD is fulfilled.

If the Supplier fails to deposit the SD within the extended period and no supplies are made, the order
shall be cancelled and the case shall be processed to order elsewhere at firm’s risk and cost.
Moreover, the firm’s performance is to be kept recorded for future dealings with them. Further, if
during execution of the contract, the firm fails to extend the Bank Guarantee for Security Deposit,
suitably as required, the same shall be recorded as unsatisfactory performance for future dealings
apart from taking any other penal action as may be deemed fit by CIL.

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6.7. In cases where the successful tenderer did not submit the security deposit even within the extended
period for SD submission but has supplied the materials either in full or in part after the extended
period for SD submission, the SD may be deducted from the first bill or in case of insufficient amount
from subsequent bill(s) of the supplier till the full SD amount is deducted. Further, a penalty
equivalent to 0.5% (half percent) of SD amount for delay of each week or part thereof (period of delay
is to be calculated from the 31st day from the date of notification of award/placement of order to the
date of receipt of full SD/deduction of full SD) shall be levied subject to a maximum of 10% of the
contract value.

6.8. Security Deposit will be released with the approval of HOD of M M Department/ Area GM within 30
days after completion of supplies and acceptance of material by the consignee in case of supply
contractor after successful commissioning and on receipt of confirmation of Performance Bank
Guarantee(s) for all the equipment covered in the contract in case of contracts for equipment and all
those items/ goods involving installation and commissioning and PBG.

6.9. Security Deposit may be converted into Performance Bank Guarantee (PBG) wherever PBG is required
at the option of the supplier. At the time of conversion of security money into PBG, it should be
ensured that the amount of PBG should not be less than 10% of landed value of order. Wherever
Security Deposit is converted into PBG, the operation of such SDBG/ Performance BG shall be guided
by Performance Bank Guarantee Clause.

6.10. All Central/State Government Organization/PSUs shall be exempted from submission of Security
Deposit. OEM/OES shall also be exempted from submission of Security Deposit in case of
procurement of Spare Parts for equipment against Single Tender Enquiry/Open/Limited Tenders.

6.11. Submission of Security Deposit is exempted for the contracts having value upto Rs.2 lakhs.

6.12. The SDBG will be submitted Through Structured Financial Management System (SFMS).

7. Performance Bank Guarantee

7.1. Wherever applicable, the successful bidder shall be required to furnish a Performance Guarantee
equivalent to 10% value of the total landed value of the contract including all taxes, duties and other
costs and charges, without considering Input Tax Credit.

7.2. The Performance Guarantee shall be in the form of a Bank Guarantee issued by a RBI scheduled bank
in India in the prescribed format on a non-judicial stamp paper.

7.3. The Performance Bank Guarantee (PBG) shall be in the same currency (ies) in which contract has been
signed. In case of multi-currency contract, separate PBG in respective currency for required value shall
be submitted.

7.4. If the contract is for procurement of equipment, the PBG (s) may be submitted equipment wise also.
For this purpose, the value of each equipment will be worked out by dividing the total value of
contract for a particular item of NIT, worked out as per provisions contained in clause-7 above, by the
number of equipment ordered for that particular item of the NIT.

7.5. The PBG (s) shall remain valid till 3 months after the completion of warranty period.

7.6. The PBG shall be submitted sufficiently in advance (say 3-4 weeks) to enable its verification from the
issuing bank, before submission of the invoice for payment of the particular goods/ equipment(s).

38
7.7. The release of the Performance Bank guarantee(s) after above indicated period, shall be subject to
satisfactory performance of the equipment/ items during the warranty period and fulfillment of
contractual obligations failing which, action for further extension or encashment of PBG, as deemed
suitable shall be taken. The Performance Bank Guarantee shall be released after expiry of validity
period if no claim is pending, with the approval of the concerned HOD (MM)/ Area GM.

7.8. In case of procurement of equipment, if the successful tenderer which does not have the After Sales
Service Support facilities in India like Depot/ Warehouse for supply of spare parts, Workshop facilities
for servicing and repair of assemblies, sub-assemblies and equipment, availability of trained technical
manpower etc., training facilities for providing training to CIL’s personnel, wherever required,
additional Performance Bank Guarantee for the 30% value of the total landed value of the contract
including all taxes, duties and other costs and charges shall have to be submitted. This 30% PBG will
be released after establishment of After Sales Service Support facilities in India subject to
confirmation of the same by concerned Head of Technical Department. However, the supplier shall
have to submit PBG for 10% of the total contract value to be kept valid for the remaining period of the
contract plus 3 months processing period before release of 30% PBG. This 10% PBG will be released
after satisfactory performance of all equipment/ items and fulfillment of contractual obligations
including warranty obligations.

7.9. The PBG will be submitted through Structured Financial Management System (SFMS).

8. Inspections and Tests

8.1. The Purchaser or its representative shall have the right to inspect and/or to test the Goods to confirm
their conformity to the Contract Specifications at no extra cost to the Purchaser. Generally, the Goods
shall be of the best quality and workmanship and comply with the contract or supply order in all
respect. The Technical Specifications shall specify what inspections and tests the Purchaser requires
and where they are to be conducted. The Purchaser shall notify the Supplier in writing, of the identity
of the inspectors). The Purchaser reserves the right, at the Purchaser’s cost, to depute its own
inspectors) and/or to engage any other third party inspecting agency, to conduct inspections and tests
pursuant to the Contract. Sufficient time, atleast 30 days in advance will be given for inspection.

8.2. The inspections and tests may be conducted on the premises of the Supplier, at point of delivery
and/or at the Goods' final destination. If conducted on the premises of the Supplier, all reasonable
facilities and assistance, including access to drawings and production data, shall be furnished to the
inspectors at no charge to the Purchaser. However, any drawing and proprietary information provided
for this purpose shall remain in control of the supplier. The inspector shall have full and free access at
the supplier’s works for the purpose of carrying out inspection. The Inspector shall have the right to
put all the stores or materials forming part of the same or any part thereof to such tests as he may
think fit and proper. The supplier shall not be entitled to object, on any ground whatsoever, to the
method of testing adopted by the Inspector. Unless otherwise provided for in the contract, all
stores/materials expended in test will be to supplier’s account. In the event of Goods found acceptable
by the Inspector during inspection, he shall furnish the supplier with necessary copies of Inspection
notes for attaching to the supplier’s bill.

8.3. Should any inspected or tested Goods fail to conform to the Specifications, including acceptance tests
and periodic tests to verify guaranteed performance, the Purchaser may reject the Goods, and the
Supplier shall either replace the rejected Goods or make alterations necessary to meet Specification
requirements free of cost to the Purchaser within thirty days of such rejection. Replaced or altered
goods shall be subjected to repeated inspection or tests to demonstrate conformity with the
Specifications. In the event that replacement or alteration is not done within thirty day period as
aforesaid, or, replaced or altered goods fail to demonstrate conformity with the Specifications in
repeated inspections or tests as aforesaid, the Purchaser reserves the right to terminate the Contract
in part or in whole and the Supplier shall repay forthwith to the Purchaser all monies paid including all

39
 costs incurred in the inspection and tests, in respect of Goods and Services associated therewith, for
which the termination is applicable and, subsequently remove the same from the Purchaser’s Site at
the Supplier’s cost.

8.4. Any Goods rejected at a place other than the premises of the supplier, shall be removed by the
supplier within 14 days of the date of receipt of intimation of such rejection. The Inspector may call
upon the supplier to remove what he considers to be dangerous, infected or perishable Goods, within
48 hours of the receipt of such intimation. The rejected stores shall under all circumstances lie at the
risk of the supplier from the moment of rejection and if such stores are not removed by the supplier
within the above mentioned period, the Inspector/Purchaser may either return the same to the
supplier at the supplier’s risk and cost (a public tariff rate) by such mode of transport as the Purchaser
or Inspector may select or dispose of such stores at the supplier’s risk on his account and retain in such
portion of the proceeds as may be necessary to cover any expense incurred in connection with such
disposal. The purchaser shall also be entitled to recover handling and storage charges for the period
during which the rejected stores are not removed.

8.5. The Purchaser's right to inspect, test and where necessary, reject the Goods after the Goods' arrival in
the Purchaser's country shall in no way be limited or waived by reason of the Goods having previously
been inspected, tested and passed by the Purchaser or its representative prior to the Goods' shipment
from the Supplier’s premises.

8.6. Nothing in this clause shall in any way relieve the Supplier of any warranty or other obligations under
this Contract.

9. Packing and Marking

9.1. The Supplier shall provide such packing of the Goods as is required to prevent their damage or
deterioration during transit to their final destination, as indicated in the Contract. The packing shall
be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme
temperatures, salt and precipitation during transit and open storage. Packing case size and weights
shall take into consideration, where appropriate, the remoteness of the Goods' final destination and
the absence of heavy handling facilities at all points in transit.

9.2. All packing cases, containers, packing and other similar materials shall be supplied free by the
Supplier and these shall not be returned unless otherwise specified in the Contract/Purchase order.

9.3. The packing, marking and documentation within and outside the packages shall comply strictly with
such special requirements as shall be expressly provided for in the Contract, including additional
requirements, if any, specified in the contract and in any subsequent instructions ordered by the
Purchaser. Packages will be stamped with identification marks both outside the packages as well as
on the contents inside. Packages containing articles liable to be broken by rough handling like glass or
machinery made of cast iron will be marked with cautionary works like ‘Fragile’ ‘Handle with care’.

9.4. The marking of the Goods must comply with the requirements of the law relating to Merchandise
Mark, in force in India.

9.5. Packing instructions: The Supplier will be required to make separate packages for each consignee.
Each package will be marked on three sides with proper paint with the following:
i. Project;
ii. Contract No;
iii. Country of origin of Goods;
iv. Supplier’s name;
v. Packing list Reference Number;
vi. The gross weight, net weight and cubic measurement;
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 vii. Consignee Name and Address;

9.6. A complete list of contents in each package called the packing list will be prepared and one copy of
the packing list shall be inserted inside the package.

10. Delivery and Documents

10.1. The delivery period stipulated in the Contract/Purchase Order shall be deemed to be the essence of
the contract and delivery of the Goods must be completed within the specified period.

10.2. Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the
Schedule of Requirements. The delivery of Goods shall be deemed to take place on delivery of the
Goods in accordance with the terms of the contract after approval of Goods by the Inspector.

10.3. For purposes of the Contract, “EXW ”, “FOB”, “FCA”, ‘CFR”, “CIF”, “CIP” and other trade terms used to
describe the obligations of the Parties shall have the meanings assigned to them by the prevailing
edition of Incoterm s on the date of tender opening, published by the International Chamber of
Commerce, Paris.

10.4. The details of shipping documents to be furnished by the Supplier are specified below:

(a) For Imported Goods:

Within forty eight (48) hours of shipment, the Supplier shall notify the Purchaser, Port Consignee and
Ultimate Consignee by fax and email, full details of the shipment including Contract number, description
of Goods, quantity, the vessel, the bill of lading number and date, port of loading, date of shipment, port
of discharge, etc. The Supplier shall deliver by express courier service the following documents to the
Purchaser, with a copy to the Port Consignee and Ultimate Consignee:
i. Supplier's shipping invoice showing Contract Number, Goods description, quantity, unit price, total
amount and GST number of ultimate consignee;
ii. Clean on-board bill of lading indicating the Importer-Exporter Code (IEC) of the concerned Subsidiary
Company of CIL and non-negotiable bill of lading;
iii. Packing list identifying contents of each package;
iv. Manufacturer's/Supplier's warranty /guarantee certificate;
v. Manufacturer’s Test & Inspection certificate;
vi. Certificate of Country of Origin issued by the Chamber of Commerce of Manufacturer’s Country;
vii. Documentary evidence of marine freight & marine insurance

The above documents shall be sent by supplier well in advance, so that the same are received by the
Purchaser at least one (1) week before arrival of the Goods at the port or place of arrival and, if not
received, the Supplier will be responsible for any consequent expenses.

(b) For Domestic Goods from within India:

Upon dispatch of the Goods to the consignee, the Supplier shall notify the Purchaser and Ultimate
Consignee and deliver by express courier service the following documents to the Purchaser with a copy
to the Ultimate Consignee:

i) Supplier's invoice showing Contract Number, Goods description, quantity, unit price, total amount;
ii) Railway receipt/ Transporter’s consignment note /acknowledgement of receipt of Goods from the
consignee(s);
iii) Manufacturer's/Supplier's warranty / guarantee certificate;
iv) Manufacturer’s Test & Inspection certificate;

The above documents shall be provided by the supplier at the time of arrival of the Goods at the
consignee’s end. In case of delay, the Supplier will be responsible for any consequent expenses.
41
11. Insurance
11.1. Wherever necessary, the goods supplied under the contract, shall be fully insured in a freely
convertible currency against loss or damage incidental to manufacture or acquisition, transportation,
delivery, storage and erection and commissioning at site (wherever applicable) in the manner
specified in the contract. The insurance is to be done for coverage on “all risks” basis including war
risks and strike clauses. The amount to be covered under insurance should be 110% of the invoice
value to take care of the overall expenditure to be incurred by the purchaser for receiving the goods
at the destination.

11.2. Where delivery of imported goods is required by the purchaser on CIF/CIP basis, the supplier shall
arrange and pay for marine/air insurance, making the purchaser as the beneficiary. Where delivery is
on FCA/ FOB/ CFR basis, marine/air insurance shall be the responsibility of the purchaser.

11.3. In case of domestic supplies on Free Delivery at site/FOR Destination basis, the supplier has to arrange
insurance at its cost. For Ex-works and FOR station of dispatch contracts, it is the responsibility of the
purchaser to arrange for insurance.

11.4. Where the delivery of the Goods is on CIP Basis, the supplier shall deliver the goods at the named place
of destination at its own risks and costs. CIL has no obligation to the supplier for arranging insurance.
However, CIL will provide the supplier upon request, with necessary information for obtaining
insurance.

11.5. Where the delivery of the Goods is on FOR destination Basis, the supplier shall deliver the goods at the
FOR destination site at its own risks and costs. CIL has no obligation to the supplier for arranging insurance.
However, CIL will provide the supplier upon request, with necessary information for obtaining insurance”.

12. Transportation
12.1. In case of FOB (Port of Shipment) contracts, the purchaser has to arrange transportation its own cost
and risk.

12.2. In case of CIF (Port of Destination) contracts, transport of the goods to the port of destination in the
Purchaser’s country, as shall be specified in the contract, shall be arranged and paid for by the
Supplier, and the cost thereof shall be included in the Contract Price. In case of inland transportation
of goods, the same is to be done through registered common carriers only.

12.3. In case of CIP (Final Place of Destination) contracts, transport of the goods to the port of destination
and further to the named place of Final Destination in the Purchaser’s country, as shall be specified in
the contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in
the Contract Price. In case of inland transportation of goods, the same is to be done through
registered common carriers only.

12.4. In case of FOR Destination contracts, transport of goods to the Destination site shall be arranged and
paid for by the supplier and the cost thereof shall be included in the contract price. Transportation of
goods is to be done through registered common carriers only.

13. Warranty
13.1. The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most
recent or current models and that they incorporate all recent improvements in design and materials
unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied
under this Contract shall have no defect arising from design, materials or workmanship or from any
act or omission of the Supplier that may develop under normal use of the supplied Goods in the
conditions prevailing in the purchaser’s country.

42
13.2. This warranty shall remain valid for twelve (12) months from the date of Commissioning of the
equipment/tendered item.

13.3. The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty.
The Supplier shall, within thirty days, repair or replace the defective Goods or parts thereof, free of
cost at the ultimate destination. The Supplier shall take over the replaced parts/Goods at the time of
their replacement. No claim whatsoever shall lie on the Purchaser for the replaced parts/Goods
thereafter.

13.4. If the Supplier, having been notified, fails to remedy the defect(s) within thirty days, the Purchaser
may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and
without prejudice to any other rights which the Purchaser may have against the Supplier under the
Contract.

14. Payment
14.1. Please refer SCC for Specific payment terms.

14.2. Payment for Indian Agency Commission

The payment of Indian Agency Commission, if any, involved, may be considered in case of necessity,
subject to compliance of the Government of India guidelines issued from time to time. Agency
commission, if any, shall be paid in equivalent Indian Rupees, after erection and commissioning of the
equipment, wherever applicable, within twenty-one days of submission of bills along with following
documents:

(A)Copy of foreign principal’s invoice.

(B)Copy of bill of lading.
(C) Certificate from State Bank of India regarding Bill selling rate ruling on the date of bill of lading (in
case of bank holiday on date of bill of lading, Bill Selling exchange rate on next working day shall be
considered).
(D) In case of procurement of equipment, commissioning certificate signed by the concerned officials
of the Project and counter-signed by the Area General Manager and HOD of Technical Dept., of the
subsidiary company, where the equipment has been deployed.

14.3. In order to enable the purchaser to avail Input Tax Credit as per applicable Indian laws, the supplier
shall furnish all the necessary documents to the consignee / paying authority as required, failing which
the equivalent deduction will be made from the supplier’s bills. In case of successful bidder(s), if at the
time of supply, it is found that Input Tax Credit as per Invoice (Credit available to CIL / Subsidiary on
this account) is less than the “Input Tax Credit Amount” declared in the Price Bid, the differential
amount between the two shall be deducted from the Supplier’s bills while making payment to them. If
the evaluation of the supplier has been made considering the concessional rate of customs duty
applicable for import from certain countries under trade agreements / treaties with Govt, of India, all
the required documentation for availing concessional customs duty and subsequent customs clearance
etc. will be provided by the supplier failing which the equivalent deduction will be made from their
bills.

15. Changes in Order

The Purchaser may at any time, by a written order given to the Supplier, make changes within the general
scope of the Contract in any one or more of the following:

a) drawings, designs or specifications, where Goods to be furnished under the Contract are to be
specifically manufactured for the Purchaser;

43
 b) the method of shipment or packing;
c) the place of delivery; and/or
d) the place of Services to be provided by the Supplier.

16. Contract Amendments

Subject to relevant clause of GCC, no variation in or modification of the terms of the Contract/ Purchase Order
shall be made except by written amendment issued against the Contract/ Purchase Order.

17. Assignment
The Supplier shall not assign, in whole or in part, its obligations to perform under this Contract, except with
the Purchaser's prior written consent. However, the consent of the Purchaser shall not relieve the supplier
from any obligation, duty or responsibility under the contract.

18. Subcontracts
The Supplier shall notify the Purchaser in writing of all subcontracts awarded by it to discharge the works
under this Contract. Such notification, in the original bid or later, shall not relieve the Supplier of any liability or
obligation under the Contract and the supplier will be solely responsible for all obligations under the contract.

19. Delays in the Supplier's Performance

19.1. Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with
the time schedule prescribed by the Purchaser in the Schedule of Requirements.

19.2. If at any time during performance of the Contract, the Supplier or its Subcontractor(s) should
encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier
shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its
cause(s). As soon as practicable after receipt of the Supplier's notice, the Purchaser shall evaluate the
situation and may at its discretion extend the Supplier's time for performance, with or without
liquidated damages, by way of an by amendment to the Contract/ Purchase Order.
19.3. Except as provided under Force Majeure clause, a delay by the Supplier in the performance of its
delivery obligations shall render the Supplier liable to the imposition of liquidated damages, unless an
extension of time is agreed upon pursuant to relevant clause without the application of liquidated
damages.

20. Liquidated Damages

20.1. In the event of failure to deliver or dispatch the equipment/stores within the stipulated date/period
in accordance with the terms and conditions and the specifications mentioned in the supply order
and in the event of breach of any of the terms and conditions mentioned in the supply order, the
Purchaser shall have the right:

(a) To recover from the successful bidder as agreed liquidated damages, a sum not less than 0.5% (Half
Percent) of the price of any equipment/ stores which the successful tenderer has not been able to
supply as aforesaid for each week or part of a week during which the delivery of such stores may be
in arrears limited to 10% (Ten Percent) of the total contract value, or
(b) To purchase elsewhere after due notice to the successful tenderer on the account and at the risk of
the defaulting supplier, the equipment/stores not supplied or others of similar description without
cancelling the supply order in respect of the consignment not yet due for supply, or
(c) To cancel the supply order or a portion thereof, and if so desired to purchase the equipment/ stores
at the risk and cost of the defaulting supplier and also,
(d) To extend the period of delivery with or without penalty as may be considered fit and proper. The
penalty, if imposed, shall not be more than the agreed liquidated damages referred to in clause (a)
above.
(e) To forfeit the security deposit fully or in part.

44
 (f) Whenever under this contract any sum of money is recoverable from and payable by the supplier,
the Purchaser shall be entitled to recover such sum by appropriating in part or in whole by
deducting any sum or which at any time thereafter may become due to the successful tenderer in
this or any other contract. Should this sum be not sufficient to recover the full amount recoverable,
the successful tenderer spall pay the Purchaser on demand the remaining balance. The supplier shall
not be entitled to any gain on any such purchase.

20.2. For the purpose of the calculation of the liquidated damages amount, the basic FOR Destination price
shall be considered. For direct imports, the CIP price at Final Place of destination will be considered.
Taxes and duties shall not be taken into account for calculation of LD. However, when prices indicated
in the order are inclusive of taxes and duties, such prices will be taken for calculation of LD.

21. Termination for Default and breach of contract

21.1. The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of
default sent to the Supplier, may terminate the Contract in whole or in part:

a) If the supplier fails to deliver any or all of the stores within the time period(s) specified in the
contract, or any extension thereof granted by the Purchaser; or

b) If the supplier fails to perform any other obligation under the contract within the period specified
in the contract or any extension thereof granted by the purchaser; or

c) If the Supplier, in the judgement of the Purchaser, has engaged in corrupt or fraudulent practices
in competing for or in executing the Contract.

21.2. For the purpose of this Clause:

i) “corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence
the action of a public official in the procurement process or in contract execution; and

ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process
or the execution of a contract to the detriment of the Purchaser, and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive
levels and to deprive the Purchaser of the benefits of free and open competition.

21.3. In the event the Purchaser terminates the Contract in whole or in part, pursuant to relevant clause, the
Purchaser may procure on such terms and in such manner as it deems appropriate, Goods or Services
similar to those undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for
such similar Goods or Services. However, the Supplier shall continue performance of the Contract to
the extent not terminated.

22. Force Majeure

22.1 Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault
or negligence and which is not foreseeable. Such events may include, but are not restricted to, acts of
the purchaser either in its sovereign or contractual capacity, wars or revolutions, hostility, acts of
public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions,
strikes, lockouts, freight embargoes and act of God.

22.2 If there is delay in performance or other failures by the supplier to perform its obligation under the
contract due to an event of a Force Majeure and the contract is governed by Force Majeure Clause,
the supplier shall not be held responsible for such delays/failures.

45
22.3 In such a situation, the supplier shall promptly notify the purchaser in writing of such conditions and
the cause thereof, duly certified by the local Chamber of Commerce or Statutory authorities, the
beginning and end of the causes of the delay, within twenty one days of occurrence and cessation of
such Force Majeure Conditions. Unless otherwise directed by the purchaser in writing, the supplier
shall continue to perform its obligations under the contract as far as reasonably practical and shall seek
all reasonable alternative means for performance not prevented by the Force Majeure event.

22.4 If the performance in whole or in part or any obligation under this contract is prevented or delayed by
any reason of Force Majeure for a period exceeding sixty days, either party may at its option
terminate the contract without any financial repercussion on either side.

22.5 For delays arising out of Force Majeure, the supplier will not claim extension in completion date for a
period exceeding the period of delay attributable to the causes of Force Majeure.

22.6 There may be a Force Majeure situation affecting the purchaser also. In such a situation, the purchaser
is to take up with the supplier on similar lines as above for further necessary action.

22.7 The contract shall be governed by the following Force Majeure Clause:

“I f at any time, during the continuance of this contract, the performance in whole or in part by either
party of any obligation under this contract shall be prevented or delayed by reason of any wars or
revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions,
epidemics, quarantine restrictions, strikes, lockouts, freight embargoes or act of God (hereinafter
referred to “events ”) provided, notice of the happening of any such event is given by either party to
the other within 21 days from the date of occurrence thereof, neither party shall by reason of such
event, be entitled to terminate this contract n or shall either party have any claim for damages
against the other in respect of such non - performance or delay in performance, and deliveries under
the contract shall be resumed as soon as practicable after such event has come to an end or ceased to
exist, PROVIDED FURTHER that if the performance in whole or part or any obligation under this
contract is prevented or delayed by reason of any such event for a period exceeding 60 days, either
party may at its option terminate the contract provided also that if the contract is terminated under
this clause, the purchaser shall be at liberty to take over from the contractor at a price to be fixed by
the CIL/Subsidiary Company, which shall be final, all unused, undamaged and acceptable materials,
bought out components and stores in course of manufacture in the possession of the contractor at
the time of such termination or such portion thereof as the purchaser may deem fit excepting such
materials, bought out components and stores as the contractor may with the concurrence of the
purchaser elect to retain. ”

23. Termination for Insolvency

The Purchaser may at any time terminate the Contract by giving written notice to the Supplier if the
Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without
compensation to the Supplier, provided that such termination will not prejudice or affect any right of
action or remedy which has accrued or will accrue thereafter to the Purchaser.

24. Termination for Convenience

24.1 The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in part,
at any time for its convenience. The notice of termination shall specify that termination is for the
Purchaser's convenience, the extent to which performance of the Supplier under the Contract is
terminated, and the date upon which such termination becomes effective.

24.2 The Goods that are complete and ready for shipment within thirty (30) days after the Supplier's
receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices.
For the remaining Goods, the Purchaser may elect:

46
 a) to have any portion completed and delivered at the Contract terms and prices; and/or

b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods
and Services and for materials and parts previously procured by the Supplier.

25. Governing Language

The Contract shall be written in English language. All correspondence and other documents pertaining to the
Contract which are exchanged by the Parties shall be written in the same language.

26. Taxes and Duties

26.1 A foreign Supplier shall be entirely responsible for all taxes, duties, license fees and other such levies
imposed outside the Purchaser’s country. The foreign supplier shall also be responsible for all taxes &
duties in Purchaser’s country legally applicable during execution of the contract other than those
which are to be paid by purchaser, as specified in as per relevant clause of NIT.

26.2 A Domestic Supplier shall be entirely responsible for all taxes, duties, licence fees etc., incurred until
the execution of the contract, other than those which are to be paid by purchaser, as specified in as
per relevant clause of NIT.

27. Limitation of Liabilities

Except in cases of criminal negligence or willful misconduct;

27.1 Notwithstanding anything herein to the contrary, no party shall be liable for any indirect, special,
punitive, consequential or exemplary damages, whether foreseeable or not, arising out of or in
relation to this contract, loss of goodwill or profits, lost business however characterised, any/ or from
any other remote cause whatsoever.

27.2 The supplier shall not be liable to the purchaser for any losses, claims, damages, costs or expenses
whatsoever arising out of or in connection with this contract in excess of the contract value of the
Goods & Services hereunder which caused such losses, claims, damages, costs or expenses.

27.3 However, the limitation of liability of the supplier indicated above shall not apply to Liquidated
damages.

28. Settlement of commercial disputes in case of contracts with Public Sector Enterprises/ Govt. Dept.(s)

28.1 In the event of any dispute or difference relating to the interpretation and application of the
provisions of commercial contract(s) between CPSEs and Government Departments/ Organizations
(excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or
difference shall be taken up by either party for its resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD), as per the guidelines stipulated in the Office Memorandum
No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22.05.2018 of Department of Public Enterprises, Ministry of
Heavy Industries and Public Enterprises, Govt, of India.

28.2 In case of contract with a Public Sector Enterprise or Govt. Dept., the following Arbitration Clause shall
be incorporated in the contract:-

“In the event of any dispute or difference relating to the interpretation and application of the provisions
of commercial contracts) between Central Public Sector Enterprises (C P S E s )/ Port Trusts inter se
and also between C P S E s and Government Departments/ Organizations (excluding disputes
concerning Railways, In com e Tax, Custom s & Excise Departments), such dispute or difference shall be

47
 taken up by either party f o r resolution through A M R C D as mentioned in D P E O M N o . 4 (1 )/2 0 1
3 -D P E (G M )/F T S - 1835 dated 22.05.2018."

29. Progress Reports

29.1 The Supplier shall from time to time render such reports concerning the progress of the contract
and/or supply of the stores in such form as may be required by the Purchaser.

29.2 The submission, receipt and acceptance of such reports shall not prejudice the right of the Purchaser
under the contract nor shall operate as an estoppel against the Purchaser merely by reason of the fact
that he has not taken notice of or objected to any information contained in such report.

30. Provisions of CIL’s Purchase Manual

The provisions of CIL’s Purchase Manual and its subsequent amendments (Available on CIL’s website,
www.coalindia.in) shall also be applicable, if not specified otherwise in this Bid document.

31. Applicable Law

The Contract shall be governed by the laws of the Republic of India, unless otherwise specified in the
bid document.

32. Jurisdiction of Courts

32.1 Irrespective of the place of delivery, the place of performance or place of payment under the contract,
the contract shall be deemed to have been made at the place from where the acceptance of tender or
supply order has been issued.

32.2 The courts of the place from where the acceptance of tender has been issued shall alone have
jurisdiction to decide any dispute arising out of or in respect of the contract.

33. Notices
33.1 Any notice given by one Party to the other pursuant to this Contract shall be sent to the other Party in
writing. For the purpose of all notices, the following shall be the address of the Purchaser:
General Manager (MM) – Purchase / HoD,
Northern Coalfields Limited (HQ), Panjreh Bhawan,
MM Department, 1st Floor, Singrauli (Madhya Pradesh) - 486 889, India
Fax: 07805 – 266388 Phone: 07805 – 266481
Email address: gmmm.ncl@coalindia.in

33.2 A notice shall be effective when delivered on notice’s effective date, whichever is later.

33.3 In case of change in address, the supplier shall immediately notify the same to the Purchaser in writing.
The supplier shall be solely responsible for the consequences of omission to notify the change of address to
the Purchaser.

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 SECTION IV - SPECIAL CONDITIONS OF CONTRACT (SCC)

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract shall supplement the General Conditions of Contract.
Whenever there is a conflict, the provisions contained herein shall prevail over those in the General
Conditions of Contract.

1. Security Deposit
1.1 The successful tenderer shall have to deposit Security Money for an amount of three per cent of the
total landed value of the contract including all taxes, duties and other costs and charges in the form
of Bank Draft drawn in favour of Northern Coalfields Ltd. payable at SBI, Morwa Branch (Code:
3767), Singrauli (MP) or at any scheduled bank located at MORWA/ SINGRAULI, Singrauli (MP), or in
the form of Bank Guarantee of any Scheduled Bank / Nationalized Bank in the prescribed format of
NCL enclosed as Annexure-XIII within 15 days from date of placement of order.
1.2 The Security Deposit shall be submitted in Indian Rupees.
1.3 The SDBG shall remain valid up to 3 months after completion of suppliesand acceptance of materials
by the consignee in case of supply contracts and in case of contracts for equipment involving
installation and commissioning, 3 months after the supply and commissioning of all the equipment
covered in the contract.
1.4 Security Deposit may be converted into Performance Bank Guarantee(PBG) wherever PBG is
required at the option of the supplier. At the time of conversion of security money into PBG, it
should be ensured that the amount of PBG should not be less than 10% of landed value of order.
Wherever Security Deposit is converted into PBG, the operation of such SDBG/ Performance BG
shall be guided by Performance Bank Guarantee Clause of NIT.
1.5 The Bank guarantee issued by the Issuing Bank on behalf of contractor/supplier in favour of
Northern Coalfields Limited shall be in paper form as well as issued under "Structured Financial
Messaging System". The details of beneficiary for issue of BG under SFMS platform is furnished
below:

Northern Coalfields
Name
Name of Limited
Beneficiary & Area Head Quarter
his details Bank Account No/ Customer-ID of Beneficiary 352905000016
Department MM Dept.
Beneficiary ICICI Bank Ltd., Singrauli
Bank Plot No. 86, Opp. Post Office, Ward No. 3,
Branch Morwa, Tehsil Singrauli, Madhya Pradesh –
Address 486889
IFSC Code ICIC0003529

i. Details for Beneficiary Bank under fields of SFMS shall be as under:

SFMS Field No. Details

7035 IFSC Code: ICIC0003529
7036 ICICI Bank Ltd. – A/c No. 352905000016
7037 NCL540172593

49
 i. Beneficiary Bank / Branch Name & address should be mentioned as ICICI Bank Ltd., Singrauli
Branch, Plot No. 86, Opp. Post Office, Ward No. 3, Morwa, Tehsil Singrauli, Madhya Pradesh –
486889
ii. If the Bank Guarantee is issued by ICICI Bank branches, the following may please be
incorporated:
“We shall be liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only if you serve upon us a written claim or demand on or before …………. At ICICI
Bank Ltd., Plot No. 86, Opp. Post Office, Ward No. 3, Morwa, Tehsil Singrauli, Madhya Pradesh –
486889.”

1.6 Security Deposit will be released within 30 days after completion of supplies and acceptance of
material by the consignee in case of supply contract or after successful commissioning and on
receipt of confirmation of Performance Bank Guarantee (s) for all the equipment covered in the
contract in case of contracts for equipment and all those items/ goods involving installation and
commissioning and PBG.

Note: GCC Clause No. 6.6 & 6.7 shall be applicable in case of failure to submit security deposit within
stipulated period/extended period.

1.7Exemption from submission of Security Deposit:

i)All Central/State Government Organization/PSUs shall be exempted from submission of Security
Deposit.
ii) OEM/OES shall also be exempted from submission of Security Deposit in case of procurement of
Spare Parts for equipment against Single Tender Enquiry/Open/Limited Tenders.
iii) Submission of Security Deposit is exempted for the contracts havingvalue upto Rs.2 lakhs.

2. Grace Period
2.1 A grace period of 25% of original delivery period or 21 days, whichever is earlier, will be provided
automatically in all the contracts, unless specifically disallowed. Where supplies are made within
the grace period, there is no necessity for any extension in delivery period and the paying
authorities will make payment without any amendment to the contract delivery period. No
liquidated damages are leviable in respect of supplies made within the grace period. The extra
expenditure, the purchaser may have to incur on account of increase/fresh imposition of
GST/CST/VAT, Excise/Customs Duty etc. which takes place within the above grace period will also
not be recoverable from the suppliers.
2.2 The grace period is allowed as a matter of grace and is not intended to operate as extension of the
delivery period and the same will be available only for delivery and not for inspection of stores(in
case of pre-dispatch inspections) which should be made within the original delivery period.
2.3 If the stores are tendered for pre-dispatch inspection within the original delivery period stipulated in
the contract and the firm delivers the stores within the grace period, the purchaser may accept the
stores even though the inspection was completed after the delivery date.
2.4 The grace period will only apply to the original contract delivery period/re- fixed delivery period and
will not be applicable once an extension of delivery has been granted.
2.5 In case of phased delivery, the grace period will be applicable to each phase separately, within the
original contractual delivery period / re-fixed delivery period.

50
 3.Remedies to Purchaser for delay in Supply/ Non-Supply for which Supplier is responsible:
The purchaser has the following options depending upon the circumstance of case:-
a) To extend the delivery period with imposition of liquidated damages, right of reservation and
denial clauses
b) To forfeit the security deposit in full or in part depending on the merit of the case
c) To cancel the contract
d) To impose other available sanctions/penalties as per contractual provision.

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

5. Payment terms:
5.1. Payment against Indigenous supplies/ Imported materials where supplier is to arrange import:
100% payment shall be released against submission of bills in triplicate along with receipted challans
within 21 days of receipt and acceptance of materials at site by the consignee or submission of bills
complete in all respects whichever is later.

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

51
5.1.1 Submission of Documents for Payment in Indian Rupees:
For payment in Indian Rupees, the supplier will submit the following documents along with bills to
the paying authority:
a. Four copies of the Supplier’s invoice, Pre-Receipted and Stamped showing Contract
Number, Goods description, quantity, unit price, total amount and GST No. of Ultimate
Consignee.
b. Receipted Challan/ Consignment Note of all the consignments.
c. Manufacturer’s Test & Inspection Certificate.
d. Manufacturer’s Warranty /Guarantee Certificate as per the guarantee/warranty clause
of NIT.
e. Lowest Price Certificate as per clause NIT.
f. Any other document(s) required as per contract.

5.1.2.Import Documents: In case the order is placed for supply of imported items in Indian Rupees,
following import documents are also required to be submitted along with each supply to the
Consignee:

a) Self-attested copy of Principal’s Invoice/Packing list along with the Original.

b) Self-attested copy of Bill of Lading/Airway Bill.
c) Self-attested copy of Bill of Entry along with the Original.
d) Self-attested copy of Certificate of country of origin along with the Original.

The supplier shall provide clear linkage of items as per order with documents furnished under (a), (b),
(c) and (d) for acceptance of the consignee. The original documents under (a), (c) and (d) shall be
returned after verification and making suitable endorsements on original by the Consignee relating to
the transaction made.

Copy of the endorsed documents as above will have to be submitted to the Paying Authority along
with the bills.

5.2 Payment against direct import by NCL:

i.) 100% payment of FOB value less Agency Commission, if any, shall be made by an unconfirmed,
irrevocable letter of credit opened in the name of the successful bidder against shipment.
ii.) In case a confirmed Letter of Credit needs to be established the confirmation charges will have
to be borne by the supplier.
iii.) All expenses connected with opening, advising and negotiating the Letter of Credit as well as
Bank Charges for above purpose, payable in India will be borne by NCL. However, all bank
charges and other charges connected with operation of Letter of Credit payable in suppliers
country will be borne by supplier.
iv.) In case of urgency, maximum two (02) partial shipments may be allowed at the sole discretion
of NCL.
v.) Payment for Agency commission, Margin, Rebate, Discount, etc., if any involved, may be
considered in case of necessity, subject to compliance of the Government of India guidelines
issued from time to time.

5.2.1 Submission of Documents for Payment in foreign Currency:-

For Payment in foreign Currency, the supplier will submit the following documents along with bills
to the bank for negotiating L/C:
a) Four (4) copies of the Supplier’s shipping invoice showing Contract Number, Goods description,
52
 quantity, unit price, total amount and GST No. of Ultimate Consignee.
b) Two (2) copies of the clean on-board bill of lading and four (4) copies of non-negotiable bill of
lading. Importer Exporter Code (IEC) of concerned subsidiary Co. should be mentioned in Bill of
Lading.
c) Four (4) copies of packing list identifying contents of each package.
d) Manufacturer’s Warranty /Guarantee Certificate as per the NIT
e) Manufacturer’s Test & Inspection Certificate.
f) Lowest Price Certificate as per NIT
g) Certificate of Country of Origin issued by the Chamber of Commerce of Manufacturer’s Country.
h) A certificate that no commission is payable by the principal/supplier to any agent, broker or any
other intermediary against this contract other than -----% of FOB value of the contract to M/s. --
--- (Indian Agent). This certificate will form a part of letter of credit.
i) Goods Consignment Note supported by Challans of all the consignments, duly receipted by
consignee.
j) Any other document(s) required as per contract.

5.3 Payment for Indian Agency Commission for direct import

Agency Commission if any, involved, may be considered in case of necessity, subject to compliance of
the Government of India guidelines issued from time to time. The name of the Indian Agent with
their full address and the quantum of Agency commission if any, payable shall have to be mentioned
in the offer. Agency commission, if any, shall be paid in equivalent Indian rupees within twenty one
days of submission of bills along with following documents:
a) Copy of foreign principal‟s invoice.
b) Copy of bill of lading.
c) Certificate from State Bank of India regarding Bill Selling exchange rate ruling on the
date of bill of lading (in case of bank holiday on date of bill of lading, Bill Selling
exchange rate on next working day shall be considered).
d) Certificate of receipt and acceptance of material issued by the project head.

5.3.1 The amount of Agency Commission payable to the Indian Agent in Indian currency will be limited to
the percentage indicated in the Agency agreement or 5% of FOB value (FOB value is inclusive of
Agency Commission), whichever is lower.

5.3.2. The Indian Agent will be required to submit a certificate along with their Agency Commission bill,
confirming that the amount claimed as Agency Commission in the bill has been spent/will be spent,
strictly to render services to the foreign Principal, in terms of the Agency Agreement. The Purchaser
or their authorized agencies shall have rights to examine the books of the Indian Agent and defects
or misrepresentations in respect of the afore indicated confirmation coming to light during such
examinations will make the Principal and their Indian Agent liable to be banned/ suspended from
having business dealings with the Purchaser, by following laid down procedures for such
banning/suspension of business dealings.

5.3.3 AGENCY COMMISSION CERTIFICATE: In case no Agency Commission is payable, the successful
bidder will have to furnish the following certificate along-with the bills:

“NO COMMISSION, REBATE, DISCOUNT, MARGIN OR ENGINEERING AND TECHNICAL SERVICE FEES,
COMPENSATIVE CHARGES OR AGENCY COMMISSION BY ANY OTHER NAME OR IN ANY OTHER FORM
ETC. FROM THE EX-WORKS/NET F.O.B. VALUE OF THE CONTRACT IS PAYABLE BY THE EQUIPMENT
SUPPLIER TO ANY PERSON/AGENT OR AGENCY.THIS CERTIFICATE WILL FORM A PART OF THE LETTER
53
 OF CREDIT. IN CASE SOLE SELLING INDIAN AGENT IS QUOTING ON BEHALF OF THE PRINCIPAL, ABOVE
CERTIFICATE SHALL BE GIVEN BY THE PRINCIPAL, i.e. ORIGINAL EQUIPMENT MANUFACTURER.”

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

NO OTHER PAYMENT TERMS SHALL BE ACCEPTED

NOTE: NCL HQ is registered on the TReDS platform of RXIL with Member ID NO0001069 to facilitate
payment to MSME Venders through TReDS platform of RXIL.
In order to enable the purchaser to avail Input Tax Credit as per applicable Indian laws, the supplier
shall furnish all the necessary documents to the consignee / paying authority as required, failing
which the equivalent deduction will be made from the supplier’s bills. In case of successful bidder(s),
if at the time of supply, it is found that Input Tax Credit as per Invoice (Credit available to
CIL/Subsidiary on this account) is less than the “Input Tax Credit Amount” declared in the Price Bid,
the differential amount between the two shall be deducted from the Supplier’s bills while making
payment to them. If the evaluation of the supplier has been made considering the concessional rate
of customs duty applicable for import from certain countries under trade agreement/treaties with
Govt. of India, all the required documentation for availing concessional customs duty and subsequent
customs clearance etc. will be provided by the supplier failing which the equivalent deduction will be
made from their bills.

5.3.4 Auditor’s Certificate for imported Items but payable in INR

The tenderer shall give a confirmation along with their offer that a certificate from their Auditor
certifying that they have paid Custom Duty as per prevailing Custom Rates and refund if any shall be
passed on to NCL, shall be submitted along with supplies/bills.

6. Paying Authority
The Paying Authority shall be Area Finance Manager (AFMs) of the concerned Project/Areas/HQ.

7. Price Fall Clause

The Bidder undertakes that it has not offered to supply / supplied / is not supplying same or similar
product / systems or sub systems at a price lower than that offered in the present bid in respect of any
Organization / MinistryDepartment of the Govt, of India or Coal India Ltd. and /or its Subsidiaries or other
PSU or any other private organization during the currency of the contract and if it is found at any stage
that same or similar product / systems or sub systems was supplied by the bidder to any Organization /
Ministry / Department of the Govt, of India or Coal India Ltd. and /or its Subsidiaries or other PSU or any
other private organization at a lower price during the currency of the contract, then that very price will
be applicable to the present case and the difference in the cost would be refunded by the bidder to
buyer, if the contract has already been concluded.
i. The currency of contract will mean the period till completion of supply.
ii. The bidder will have to submit a copy of the last (latest) purchase order for the similar/ordered
item (s) received by them from any Organization / Ministry / Department of the Govt. of India
or Coal India Ltd. and /or its Subsidiaries or other PSU or any other private organization, along
with the offer.
iii. It shall be responsibility of the supplier to inform the purchaser of offer to supply / supply of
the similar/ordered item (s) at a lower rate to any Organization / Ministry / Department of the
54
 Govt. of India or Coal India Ltd. and /or its Subsidiaries or other PSU or any other private
organization during the currency of the contract.
iv. The supplier shall submit a certificate along with the bill(s) that it has not offered to supply /
supplied the similar/ordered item(s) at a lower rate to any Organization / Ministry /
Department of the Govt. of India or Coal India Ltd. and /or its Subsidiaries or other PSU or any
other private organization.

Note: Price Fall Clause shall not be applicable for purchase value uptoRs. 2.00 lakh.

8. Banned or De-listed suppliers

The bidder as well as the manufacturer (if bidder is not the manufacturer) will give a declaration that
they have not been banned or de-listed or debarred or ‘Put on Holiday’ by any Government or quasi-
Government agencies or PSUs. If a bidder and/or manufacturer has been banned or de- listed or
debarred or ‘Put on Holiday’ by any Government or quasi-Government agencies or PSU, this fact must
be clearly stated and it may not necessarily be a cause for disqualifying them. If this declaration is not
given, the bid will be rejected as non-responsive.
(Annexure IX Sample Forms)

09. Distribution of Order

09.1 In case the L1 tenderer has capacity constraints to supply the materials within the stipulated
delivery period, L1 tenderer shall be booked up to their offered capacity to supply within the
specified delivery period. For balance requirement, the L1 price (landed) shall be counter offered to
L2 tenderer and after their acceptance L2 tenderer shall be booked for their offered capacity. Similar
process of counter offering L1 rate to L-3 and L-4 vendor and so on and placement of order for their
offered quantity subject to their matching L-1 rate will continue till the full requirement is covered for
supply within the specified delivery period.
09.2 Purchase Preference/Distribution of Qty. to MSEs/ Start up/Make in India/ Ancillary Units etc. shall
be dealt as per relevant clauses of NIT.

10. Risk Purchase

In the event of failure of the supplier to deliver or dispatch the stores within the stipulated
date/period of the supply order or in the event of breach of any of the terms and conditions
mentioned in the supply order/ contract, Northern Coalfields Limited shall have the right to purchase
the stores from elsewhere after due notice to the defaulting supplier at the risk and cost of the
defaulting supplier. In the event of failure of the supplier as detailed above, the cost as per risk
purchase exercise may be recovered from the Earnest Money Deposit/ Security Deposit/
Performance Security of the supplier and/or bills submitted by the supplier against the same contract
or any other contract pending in the same Subsidiary Co. and/or in any other Subsidiary Companies
/CIL. GST will be charged / levied on Risk Purchase as per the provision of GST Act Rule thereon.
Risk purchase action may be initiated under any of the following conditions:
a) When the supplier fails to deliver the materials even after extending the delivery period.
b) When the supplier fails to respond to purchaser’s request for supply of the materials and fails to
provide any genuine and bonafide reason for the delay in supply.
c) When the supplier breaches any of the terms and conditions of the supply order/ contract and as a
result fails to execute the order satisfactorily.

11. Taxes and Duties

The bidder is liable to be registered under GST and furnish GST registration number in their offer
unless they are specifically exempt from registration under specific notification / circular / section /
55
 rule issued by statutory authorities. The bidder claiming exemption in this respect shall submit
supporting documents as well as certificate from Practicing CA/CMA/CS to the effect that Bidder is
fulfilling all the conditions prescribed in notification to make him exempt from registration.
a. Composition Scheme: Where the bidder has opted for composition levy under Sec. 10 of CGST, he
should declare the fact while bidding.
b. The rate quoted by the supplier shall be exclusive of GST and it should be strictly as per format of
BoQ. Item wise rate of GST applicable at the time of bidding shall be indicated by the bidder in
respective column of the BoQ. If the bidder has opted for composition levy, no tax under GST shall be
charged and accordingly no GST rate should be indicated by such bidder in the BOQ.
c. The evaluation of tender shall be done based on cost to company basis. The cost to company shall be
ascertained by reducing the total value (including GST) quoted by the bidder by the amount of GST
eligible for input tax credit. The L1 shall be decided based on cost to company ascertained in manner
suggested above.
d. Where the supplier is an unregistered one i.e. (exempt from registration under GST) supplying
taxable item causing subsidiary company liable to deposit tax under reverse charge, the GST, as
applicable and payable by respective subsidiary under reverse charge, shall be added to cost while
ascertaining the landed price. However, in this case also, the L1 shall be decided based on cost to
company ascertained after deducting the GST amount eligible for input tax credit, if any, from the
total value including tax arrived as above.
e. The Tax Invoice raised by the supplier must be in compliance of relevant GST Acts, rules &
notifications made thereunder and should bear the GSTIN of respective areas of respective
subsidiary. The rate and amount of CGST & SGST or IGST related to supply of goods shall be shown
separately in tax invoice. In case the bidder has opted for composition levy, the Bill of Supply shall be
raised by him in compliance of relevant GST Acts, rules & notifications made thereunder.
f. The CGST & SGST or IGST, as applicable at the time of supply, shall be paid extra against submission
of proper Tax invoice, as referred above, by the supplier so that the respective subsidiary could be
able to avail Input tax credit of such CGST & SGST or IGST reflected in the invoice.
g. The amount of CGST & SGST or IGST and GST Cess, as indicated in the Tax Invoice shall be payable
only when they appear in GSTR 2A of the subsidiary company and the supplier has filed the valid
return in accordance with the provisions of the GST Act and the rules made thereunder.
h. If the ITC claimed is disallowed due to failure on the part of supplier in incorporating the tax invoice
issued to subsidiary company in its relevant returns under GST, payment of CGST & SGST/ IGST shown
in tax invoice to the tax authorities, issue of proper tax invoice or any other reason whatsoever, the
applicable GST paid based on such Tax invoice shall be recovered by the respective Subsidiary
Company from the current bills or any other dues of the supplier.
i. In the event of any additional tax liability accruing on the supplier due to classification issue or for any
other reason, the liability of subsidiary company shall be restricted to the amount of GST charged on
the original tax invoice issued by the supplier.
j. In addition to above, if any other tax/duties are levied over supply of such item in future, it shall be
paid extra.
k. If, any delay is arising in payment against the invoice due to fault of supplier and any reversal of input
tax arises due to delay payment of invoice the same will be recovered from supplier along with
interest as paid by NCL due to reversal.
l. In case the GST rating of vendor on the GST portal / Govt. official website is negative / black listed at
any stage even after supplier order /award of work issued, NCL has right to reject the supply
order/letter of award. NCL shall not be obligated or liable to pay or reimburse GST to such vendor
and shall also be entitled to deduct / recover such GST along with all penalties / interest, if any,
incurred by NCL
m. In case CBIC (Central Board of Indirect tax and Customs)/ any equivalent government agency brings
56
 to the notice of NCL that the Supplier of Goods has not remitted the amount towards GST (CGST &
SGST or IGST) collected from NCL or any other person to the government exchequer, NCL reserve the
right to upload such defaulter on website and may also consider for giving holiday/debarring from
participating tenders.
n. Applicability of GST on Liquidated damages, EMD and /or Security Deposit forfeiture:
GST shall be applicable on Liquidated damages, EMD and /or Security Deposit forfeiture and will be
extra and will be recovered for suppliers/ bidders.

12. INPUT TAX CREDIT: NCL IS ENTITLED TO AVAIL INPUT TAX CREDIT ON ACCOUNT OF GST, SGST, IGST,
GST CESS FOR INDIGENOUS PRODUCTS, IGST FOR IMPORTED PRODUCTS. HENCE, SET OFF ALLOWED
AGAINST CGST, SGST, IGST AS PER RELEVANT TAX ACT SHALL BE CONSIDERED FOR DETERMINING
TENDER STATUS FOR WHICH BIDDERS SHALL AGREE TO SUBMIT FOLLOWING DOCUMENTS, AT THE
TIME OF SUPPLY, ALONG WITH THEIR BILLS FOR ENABLING NCL TO INPUT TAX CREDIT.
1) Invoice issued by the supplier should contain following elements as per Section 31 of CGST
Act, 2017 along with Rule 46 and 47 of CGST Rule, 2017;
 Name, address and GSTIN of the supplier;
 A consecutive serial number (not exceeding sixteen characters) containing only
alphabets and/or numerals, unique for a financial year; (should not be hand-written)
 Date of its issue;
 Name, address and GSTIN/ Unique ID Number, if registered, of the recipient;
 Name and address of the recipient and the address of delivery, along with the name of
State and its code, if such recipient is unregistered and where the taxable value of
supply is fifty thousand rupees or more;
 HSN code of goods or Accounting Code of services;
 Description of goods or services;
 Quantity in case of goods and unit or Unique Quantity Code thereof;
 Total value of goods or services;
 Taxable value of goods or services taking into account discount or abatement, if any;
 Rate of tax (CGST, SGST or IGST);
 Amount of tax charged in respect of taxable goods or services (CGST, SGST or IGST);
 Place of supply along with the name of State, in case of a supply in the course of inter-
State trade or commerce;
 Place of delivery where the same is different from the place of supply;
 Whether the tax is payable on reverse charge;
 the word “Revised Invoice” or “Supplementary Invoice”, as the case may be, indicated
prominently, where applicable along with the date and invoice number of the original
invoice; and
 Signature or digital signature of the supplier or his authorized representative
2) Vendors / service providers should show CGST, SGST or IGST element separately in their offer
and invoice should be raised as per GST Invoice Rule and GST Input Tax credit rules.
3) GST Registration Number of NCL in case of supply for MP is 23AABCN4884HE1ZE and in case
of supply for UP is 09AABCN4884H1Z4. In case Supply Contract is concluded on you, your bills
should bear this number to enable NCL to claim INPUT TAX CREDIT.
4) Supplier will give an undertaking on invoice or as separate Annexure along with invoice that
Invoice/ applicable GST returns has been/will be uploaded in GST Portal within due time as
prescribe in CGST Act and CGST,SGST or IGST has been deposited as per the provision of GST Act
and rules thereon.

57
 5) Supplier shall ensure timely submission of correct invoice(s), as per GST rules/ regulation,
with all required supporting document(s) within a period specified in Contract to enable NCL to
avail input credit of GST (CGST & SGST or IGST). Further, returns and details required to be filled
under GST laws & rules should be timely filed by Supplier of Goods / Services with requisite
details.

If input tax credit is not available to NCL for any reason not attributable to NCL, then NCL shall
not be obligated or liable to pay or reimburse GST (CGST & SGST or IGST) claimed in the
invoice(s) and shall be entitled to deduct/ setoff /recover such GST (CGST & SGST or IGST)
together with all penalties and interest, if any, against any amounts paid or payable by NCL to
the Supplier. Further in this case, NCL reserve the right to upload name and detail of such
defaulter on NCL website and may also consider for giving holiday/debarring from participating
tenders.
6) Where NCL has the obligation to discharge GST (CGST & SGST or IGST) liability under reverse
charge mechanism and NCL has paid or is /liable to pay GST (CGST & SGST or IGST) to the
Government on which interest or penalties becomes payable as per GST laws for any reason
which is not attributable to NCL or ITC with respect to such payments is not available to NCL for
any reason which is not attributable to NCL, then NCL reserve the right to deduct / recover such
amounts against any amounts paid or payable by NCL to Supplier.
7) Amount of Statutory levies like CGST, SGST or IGST will be released when the same will appear
in GSTR-2A of NCL in the common portal of GST and after submission of documentary evidence
deposition of GST Taxes and filing of GST Returns.
8) In case of Motor Vehicle, if TCS will be collected, bidder will issue TCS Certificate in prescribed
form i.e. 27D.
9) The TCS @ applicable rate can be collected on supply of materials/goods for value including
GST by the supplier, if supplier, meets the provisions as stipulated under section 206C(1H) of
Income Tax Act,1961''

13. Purchase under Option Clause against Existing Contract

13.1 NCL reserves the right to increase or decrease the ordered quantity by ± 25%. The increase in
quantity shall be at the same rate, terms and conditions. If different rates for specific items of stores
or slab rates are quoted, the supplier shall supply the additional quantity in respect of each specific
item and each slab at the respective rates quoted by them.

13.2With the provision of the Option Clause, coverage for additional quantity upto 25% of offered
quantity can be made either by:

(a) ordering full 25% quantity at the time of placement of contract;

(b) ordering part quantity at the time of placing the contract and the remaining option quantity can
be ordered during the currency of the contract;
(c) ordering option quantity subsequent to placement of contract but during the currency of
contract.

13.3 The Purchaser’s right to vary the ordered quantity by (+) 25% can be exercised at any time, till final
delivery date of the contract even though the quantity ordered initially has been supplied in full
before the last date of Delivery Period. In case delivery date is extended in a contract with (+) 25%
Option Clause either for the full ordered quantity or a part quantity which remained unsupplied on

58
 the date of expiry of the original DP, then during the extended delivery period also, quantity
variations can be made on the total ordered quantities.

13.4 While exercising the (-) 25% option clause, a reasonable notice shall be given to the supplier. The
‘reasonable notice’ for exercise of (-) 25% option clause consequent to decrease in price subsequent
to placement of contract shall be served by giving a reasonable opportunity to the supplier to
unconditionally agree to accept such lower rates for the quantity unsupplied on the date of
reduction/ decrease of prices or the (-) 25% quantity, whichever is less. Where the supplier does not
unconditionally accept such lower rate, no further consent from the supplier is necessary for exercise
of (-) 25% quantity under option clause.

14. Performance Bank Guarantee:

14.1The successful tenderer shall be required to furnish a Performance Guarantee equivalent to 10%
value of the contract on Landed basis inclusive of all taxes and duties on FOR destination basis to
cover the warranty/guarantee period i.e. PBG should be valid for 42 months from the date of receipt
and acceptance of materials at Consignee end.
14.2 For arriving at the value of PBG to be submitted, the order value will be arrived at by adding all the
Taxes & Duties such as Excise Duty, Sales Tax/ VAT, or GST, as applicable to the FOR Destination Price
of the materials on order as applicable on the date of opening of price bid.
14.3 The Performance Bank Guarantee shall be issued by a RBI scheduled bank in India in the format
attached as Annexure XIV, Sample Forms on a non-judicial stamp paper.
14.4 The PBG shall be submitted in INR.
14.5 The release of the Performance Bank guarantee(s) after above indicated period, shall be subject to
satisfactory performance of the equipment/ items during the warranty period and fulfillment of
contractual obligations failing which, action for further extension or encashment of PBG, as deemed
suitable shall be taken. The Performance Bank Guarantee shall be released after expiry of validity
period if no claim is pending, with the approval
14.6. In case where the supplier does not submit the PBG in time or as the prescribed format in line with
the contract specifications, the PBG amount may be deducted from the first bill or in case of
insufficient amount, from subsequent bill(s) of the supplier till full PBG amount is deducted. This
amount shall be refunded to the supplier upon acceptance of PBG submitted by them.
14.7 The Bank guarantee issued by the Issuing Bank on behalf of contractor/supplier in favour of
Northern Coalfields Limited shall be in paper form as well as issued under "Structured Financial
Messaging System". The details of beneficiary for issue of BG under SFMS platform is furnished
below:
Northern Coalfields
Name
Name of Limited
Beneficiary & Area Head Quarter
his details Bank Account No/ Customer-ID of Beneficiary 352905000016
Department MM Dept.
Beneficiary ICICI Bank Ltd., Singrauli
Bank Plot No. 86, Opp. Post Office, Ward No. 3,
Branch Morwa, Tehsil Singrauli, Madhya Pradesh –
Address 486889
IFSC Code ICIC0003529
ii. Details for Beneficiary Bank under fields of SFMS shall be as under:
SFMS Field No. Details
7035 IFSC Code: ICIC0003529

59
 7036 ICICI Bank Ltd. – A/c No. 352905000016
7037 NCL540172593
iii. Beneficiary Bank / Branch Name & address should be mentioned as ICICI Bank Ltd., Singrauli
Branch, Plot No. 86, Opp. Post Office, Ward No. 3, Morwa, Tehsil Singrauli, Madhya Pradesh –
486889
iv. If the Bank Guarantee is issued by ICICI Bank branches, the following may please be
incorporated:
“We shall be liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only if you serve upon us a written claim or demand on or before …………. At ICICI
Bank Ltd., Plot No. 86, Opp. Post Office, Ward No. 3, Morwa, Tehsil Singrauli, Madhya Pradesh –
486889.”

15. Pre-dispatch Inspection: Not Applicable

16. Deemed Exports

If the bidder has quoted the items under the deemed exports, then it will be the responsibility of the
bidder to get all the benefits under deemed exports from the Government. CIL/Subsidiary
Companies responsibility shall only be limited to the issuance of required certificates. The quotation
will be unconditional and phrases like “subject to availability of deemed exports benefit” etc. will not
be accepted.

17. ALL PROVISIONS OF COAL INDIA PURCHASE MANUAL - 2020 AND ITS SUBSEQUENT AMENDEMENTS
SHALL BE APPLICABLE TO THIS TENDER.

18. Not withstanding anything said above Northern Coalfields reserve the right to follow any guideline or
instructions received from the government or any statutory body from time to time.

19. DISPUTES ARE SUBJECT TO THE JURISDICTION OF “SINGRAULI COURT” ONLY.

60
 SECTION V - SCHEDULE OF REQUIREMENTS

SCHEDULE OF REQUIREMENTS

PROCUREMENT OF BUCKET ASSLY. OF TZ WK20 ER SHOVELS OF AMLOHRI & NIGAHI PROJECTS:-

Sl.
Description of Item Part No. Quantity
No.
1 Bucket Assembly K16220100SH 2 Nos.

NB - Tender is being floated on the basis of OEM part number, so all bidders (except OEM) should
compulsorily be required to mention their part number, if any, which is equivalent to given OEM part
number, along with Make/Brand, in their bid.

1. Delivery Period
Within 09 (Nine) months from the date of placement of Supply order for indigenous source and
within 09 (Nine) months from the date of opening of LC for overseas vendors. However early delivery
shall be preferred.

No material shall be supplied beyond the specific delivery period unless amendment for the
extension for delivery period is obtained from the purchaser i.e. NCL. However, early delivery will be
preferred. The delivery shall be on FOR destination basis for indigenous suppliers and on FOB basis
for overseas suppliers. Firm delivery should be indicated on F.O.R. Destination basis.

In case of direct import, delivery shall be on FOB basis for which partial shipment may not be allowed
and materials should be delivered in one Bill of Lading within the stipulated delivery schedule. In case
of urgency, maximum two (02) partial shipments may be allowed at the sole discretion of NCL.

The delivery period will be counted from the date of issue of order for indigenous bidders and from
the date of opening of Letter of Credit for offers on FOB basis. Failure to supply the tendered item(s)
within the delivery period will attract liquidated damages as per the relevant clause of NIT.

In case of direct import by NCL, the successful tenderer will submit their order acceptance within 15
days from the date of issue of contract for opening of Letter of Credit, failing which delivery period
will be counted from 16th day of the date of issue of supply order/contract.

2. Consignee: The Depot Officer, NCL Central Store, Jayant, Dist. Singrauli (MP)

61
 SECTION VI - TECHNICAL SPECIFICATIONS

1. TECHNICAL SPECIFICATIONS: Refer Technical Parameter Sheet (TPS)

2. Guarantee / Warranty:
The tenderer shall give warranty/ guarantee for satisfactory performance of the supplied materials
for 10,000 working hours or 30 months from the date of installation & commissioning or 39 months
from the date of receipt & acceptance of material at consignee’s end, whichever is later, inclusive of
periodical maintenance by way of rebuilding etc. & providing complete jewellery/accessories with
adequate number of tooth points & adopters along with corresponding locking parts and additional
spares required to run the bucket, by the supplier free of cost.

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

Warranty replacement should be completed within a reasonable period, maximum within one month
free of cost up to ultimate consignee’s end. All cases of warranty replacement to be decided on the
basis of joint inspection of the failed goods held between the user’s representative and the supplier’s
representative.

3. Identification Mark
The manufacturer’s distinctive identification mark / symbol as also Serial No. size, type, product
designation etc. if any, must be clearly embossed / engraved / punched on each and every item, as
far as practicable and wherever possible, at a visible place which is not subjected to normal wear and
tear. Apart from this a tag may be attached to each part / item giving identification mark, part no.,
description, year and month of manufacture etc.
The Spares supplied to NCL should bear NCL identification mark. The word “NCL” must be embossed/
engraved/ punched. For specific item where this is not possible, the marking may be done by metal
marker or painting also.

4. Fitment Certificate
Tenderer to certify that offered products (either with tendered Part Number or Alternate Part
Number) are exact replacement of /fully interchangeable to the original parts and will fit and function
on the equipment for which these are intended for on “one-to-one” basis against replacement of the
respective items without any modifications to the existing system of the equipment.

5. Technical Support and Service

Tenderer to agree for rendering prompt technical support and Services to ensure fitment, proper
usage, maintenance and satisfactory performance of supplied spares. They may arrange quarterly
visit of their service personnel for smooth functioning of the supplied items.

6. Inspection:-
(i) Pre-Dispatch Inspection: NOT APPLICABLE

62
(ii) Final Inspection: Materials under supply shall be of the best quality and workmanship and shall be
in accordance with the specification laid down in the supply order. Final Inspection will be carried out
at the consignee end.

63
 SECTION VII - SAMPLE FORMS
ANNEXURE-I
Letter of Bid (LOB)
LETTER HEAD OF BIDDER
To,
Northern Coalfields Limited,
PO Singrauli Colliery,
Dist. Singrauli, MP -486889

Sub: Tender No. NCL/SGR/MMD/Sec-I/122A1037/18 dated 02/09/2022

Tender ID: 2022_NCL_ 255158_1

Dear Sirs,

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

Dated this day of 2022

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

1.This letter should be on the letterhead of the Bidder and should be signed by the bidder.
2. In case the bidder who has signed the LOB is the DSC holder, no additional documents are
required.
3. In case the bidder who has signed LOB is not the DSC holder, then Power of Attorney or
authorization on non - judicial stamp paper as per format mentioned on next page by the person
signing the LOB i.e. the bidder, in favour of person bidding online i.e. DSC holder, is required to be
uploaded along with this Letter of Bid.

64
 Annexure – II

Format for Authorisation to DSC holder bidding online on behalf of bidder.

NON JUDICIAL STAMP PAPER OF Rs 100/-

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

………………………………….. for online bidding on behalf of me/us, using his / her DSC for the e-tenders
invited by Northern Coalfields Limited, Singrauli on www.coalindiatenders.nic.in.

Signature/Seal of the DSC Signature & Seal of the

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

65
 Annexure-III
Manufacturer’s Authorization Form
FORMAT FOR AUTHORIZATION TO BE SUBMITTED BY THE INDIAN AGENTS OF MANUFACTURERS:
(to be typed on the Principal’s letter head and should be pre dated (prior to tender opening
date and properly signed )
To
General Manager (MM)/HOD,
Northern Coalfields Ltd.
Singrauli (MP)

Dear Sir.

Against the Tender no: , we hereby authorize M/s. _ to

participate in the tender and submit the offer and enter into contract / Supply order, on our
behalf. This authorization is valid till the successful completion of supplies against this tender.

We confirm / undertake that:

1. As a matter of our corporate policy, we do not quote directly/market our products to any
organization in India (except in situations like supplies to OEM/OES/OPM , supplies of
spares and consumables bundled with supply of equipment, supplies to customers not
covered not covered by dealer network due to geographical/logistics constraints). If,
subsequently, at any stage, it is found that we have quoted directly to any organization in
India (except in situations like supplies to OEM/OES/OPM, supplies of spares and
consumables bundled with supply of equipment, supplies to customers not covered not
covered by dealer network due to geographical/logistics constraints), we shall be liable for
penal action as per provisions of the NIT and the Purchase Manual. Further, if at any stage,
it is found that agency commission has been paid by us without declaring the agent, the
commission may be recovered with interest.

2. We will accept the responsibility for the satisfactory execution of orders placed on the
authorized agent including warranty/ guarantee obligations.

3. Wherever necessary, we will provide requisite inspection and testing facilities at our
works in respect of orders placed on authorized agent.

4. The price quoted by our authorized agent will not exceed the price which we would have
quoted.

5. In the event of placement of order on our authorized dealer, the goods supplied / goods
offered for inspection would be accompanied by a certificate stating that the goods have
been manufactured by us.

6. We further confirm that No agent/ Middleman/ Liasoning agent or any entity in any
name other than our authorized Indian Agent is involved in the process of procurement of
goods and services against this tender. If subsequently at any stage, it is found that false
certificate is given, we shall be liable for penal action.

7. We also confirm that we have never been banned or de-listed or debarred or ‘Put on
66
 Holiday’ by any Government or Quasi-Government Agency or any Public Sector Undertaking
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) in India.
Validity of authorization: ___________________________
[Should be Valid as on date of tender opening and its validity should corresponds to the
delivery period stipulated in the Tender Enquiry]

Signature of Authorized signatory of Principal

Manufacturer
(Name)
(Designation)
Email id:
Date:
Seal of the firm

67
 Annexure – IV

Self-Certificate for Proven-ness

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

Date Signature of Tenderer

Seal of the Firm

68
 Annexure - V

(For procurement Value below Rs. 10.00 Crores)

Self-certificate for Local Content as per Make in India Policy

We hereby confirm in respect of quoted item(s) that amount of value added in India [which is the
total value of the item procured (excluding net domestic indirect taxes) minus the value of imported
content in the item (including all customs duties)] as a proportion of the total value is equal to or
more than ……..………… %.

And

Item offered meets the Local content requirement for Class-I Local Supplier’/ Class-II Local Supplier
(strike out which is not applicable)

Details of location(s)[Factory] at which local value addition is made is as under:

………………………………………………………………………………

Date Signature of Tenderer

Seal of the Firm

Note: (1) In case of Dealer / Distributor / Agent, this certificate is to be submitted by their principal,
who is a Class I or Class II local supplier
(2) For procurement Value in excess of Rs. 10.00 Crores, the Class I & Class II local supplier shall be
required to provide certificate of Statutory Auditor, Cost Auditor of the company (in case of
company) or practicing Cost Accountant or practicing Chartered Accountant (in case other than
companies) (Under Unique document Identification Number-UDIN) giving the percentage of local
content.

69
 Annexure - VI
Quality Certificate

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

Date: Signature of the Tenderer

Seal of the Firm

70
 Annexure - VII

No Deviation Certificate

“We declare that there is no deviation from the NIT terms and conditions in the offer submitted by
us.”

Date Signature of the Tenderer

Seal of the Firm

71
 Annexure - VIII

Proforma for Equipment and Quality Control

Not Applicable

72
 Annexure - IX
Declaration Regarding Banning

The bidder as well as the manufacturer (if bidder is not the manufacturer) will give a declaration

“We have not been banned or de-listed or debarred or ‘Put on Holiday’ by any Government or quasi-
Government agencies or PSUs.”

Date Signature of Tenderer

Seal of the Firm

Note: If a bidder has been banned or de­ listed or debarred or ‘Put on Holiday’ by any Government or
quasi-Government agencies or PSU, this fact must be clearly stated and it may not necessarily be a
cause for disqualifying them. If this declaration is not given, the bid will be rejected as non-
responsive.

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 Annexure - X
Fitment Certificate

We certify that offered products (either with tendered Part Number or Alternate Part Number) are
exact replacement of / fully interchangeable to the original parts and will fit and function on the
equipment for which these are intended for on “one-to-one” basis against replacement of the
respective items without any modifications to the existing system of the equipment.

Date Signature of Tenderer

Seal of the Firm

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 Annexure – XI

Technical Support & Services Certificate

We agree for rendering prompt technical support and services to ensure fitment, proper usage,
maintenance and satisfactory performance of supplied spares. We shall arrange quarterly visit of our
service personnel for smooth functioning of the supplied items.

Date Signature of Tenderer

Seal of the Firm

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 Annexure - XII

Bidder to mandatorily Quote HSN (Harmonized System Nomenclature) code of all items quoted by
them

S. No. Part No. Description of Item HSN Code

Date

Signature of Tenderer

Seal of the Firm

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 Annexure – XIII
Security Deposit Bank Guarantee Format

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 Annexure – XIV
Performance Bank Guarantee Format

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 Annexure – XV
PRE CONTRACT INTEGRITY PACT
General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ................ day
of bids submission, between on one hand, Northern Coalfields Limited (hereinafter called the "BUYER
/ Principal", which expression shall mean and include, unless the context otherwise requires, his
successors in office and assigns) of the First Part and................................ Undersigned who is
authorized to sign bid (hereinafter called the "BIDDER/Seller/Contractor" which expression shall
mean and include, unless the context otherwise requires, his successors and permitted assigns) of the
Second Part.

WHEREAS the BUYER proposes to procure the tendered Stores/Equipment/Items/Goods and the
BIDDER / Seller is willing to offer/has offered the stores and

WHEREAS the BIDDER is a private company / public company / Government undertaking /

partnership / registered export agency, constituted in accordance with the relevant law in the matter
and the BUYER is a Central Public Sector Unit.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence / prejudiced dealings prior to, during and subsequent to the currency of the contract to be
entered into with a view to:-

Enabling the BUYER to obtain the desired said stores / equipment at a competitive price in
conformity with the defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the
contract by providing assurance to them that their competitors will also abstain from bribing and
other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials
by following transparent procedures.

The parties hereto hereby agree to enter into this lntegrity Pact and agree as follows:

Section I -Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-

a. No employee of the Principal, personally or through family members , will in connection with the
tender for , or the execution of a contract, demand; take a promise for or accept, for self or third
person, any material or immaterial benefit which the person is not legally entitled to.

b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal
will in particular, before and during the tender process, provide to all Bidder(s) the same information
and will not provide to any Bidder(s) confidential / additional information through which the
Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

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c. Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the
Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder(s)/ Contractor(s)

(1) The Bidder(s) / Contractor(s) commit themselves to take all measures necessary to prevent
corruption- The Bidder(s)/ contractor(s) commit themselves to observe the following principles
during participation in the tender process and during the contract execution.

a. The Bidder(s) / Contractor(s) will not, directly or through any other person or firm, offer, promise or
give to any of the Principal's employees involved in the tender process or the execution of the
contract or to any third person any material or other benefit which he/she is not legally entitled to, in
order to obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.

b. The Bidder(s)/ Contractor(s) will not enter with other Bidders info any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions to
restrict competitiveness or to introduce cartelisation in the bidding process.

c. The Bidder(s)/ Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the
Bidder(s) / Contractor(s) will not use improperly, for purposes of competition or personal gain, or
pass on to others, any information or document provided by the Principal as part of the business
relationship, regarding plans, technical proposals and business details, including information
contained or transmitted electronically.

d. The Bidder(s) / Contractors(s) of foreign origin shall disclose the name and address of the Agents/
representatives in India, if any, similarly the Bidder(s)/Contractors(s) of Indian Nationality shall
furnish the name and address of the foreign principals, if any. Further details as mentioned in the
"Guidelines on Indian Agents of Foreign Suppliers" shall be disclosed by the Bidder(s) / Contractor(s).
Further, as mentioned ln the Guidelines all the payments made to the Indian agent / representative
have to be in Indian Rupees only. The guidelines and terms and conditions for Indian agents of
foreign supplier shall be as per the provisions at Annexure- 1 of this document.

e. The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all payments made, is
committed to or intends to make to agents, brokers or any other intermediaries in connection with
the award of the contract.

f. Bidder(s) /Contractor(s) who have signed the Integrity pact shall not approach the courts while
representing the matter to IEMs and shall wait for their decision in the matter.

(2) The Bidder(s)/ contractor(s) will not instigate third persons to commit offences outlined above or be
an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award, has committed a transgression through a violation of Section 2
or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is
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 entitled to disqualify, the Bidder from the tender process or to terminate the contract, if already
signed, for such reason.

(1) If the Bidder/ Contractor / Supplier has committed a transgression through a violation of Section 2
such as to put his reliability or credibility into question, the Principal is also entitled to exclude the
Bidder / Contractor / Supplier from future contract award processes. The imposition and duration of
the exclusion will be determined by the severity of the transgression. The severity will be determined
by the circumstances of the case. In particular the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the damage, the
exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal, after due consideration of available
facts and evidences within his / her knowledge concludes that there is a reasonable ground to
suspect violation of any commitment listed under Section 2 i.e. " Commitments of Bidder(s) /
Contactor(s).

(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to
and impose such exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor / Supplier can prove that he has restored / recouped the damage caused by
him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion
prematurely."

Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to
Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money
Deposit/ Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contract according to Section 3, the Principal shall be entitled to demand and recover
from the Contractor liquidated damages of the Contract value or the amount equivalent to
Performance Bank Guarantee.

Section 5 - Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last three years with any other
Company in any country conforming to the anti-corruption approach or with any Public Sector
Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or action can be taken as per the procedure mentioned in "Guidelines on Banning of business
dealings".

Section 6-Equal treatment of all Bidders /Contractors /Subcontractors

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(1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of
Integrity Pact by the Sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this one with all bidders and
Contractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its
provisions.

Section 7 - Criminal charges against violating Bidder(s) / Contractor(s) / Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an
employee or a representative or an associate of a Bidder, Contractor or Subcontractor which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.

Section 8 - Independent External Monitor

(1) The Principal appoints competent and credible Independent External Monitor for this pact after
approval by central Vigilance commission. The task of the Monitor is to review independently and
objectively, whether and to what extent the parties comply with the obligations under this
agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his/ her
functions neutrally and independently. The Monitor would have access to all contract documents,
whenever required. It will be obligatory for him / her to treat the information and documents of the
Bidders/contractors as confidential. He/ she reports to the CMD, Northern Coalfields Limited.

(3) The Bidder(s) / contractor(s) accepts that the Monitor has the right to access without restriction to all
Project documentation of the principal including that provided by the contractor. The contractor will
also grant the Monitor, upon his/ her request and demonstration of a valid interest, unrestricted and
unconditional access to their project documentation. The same is applicable to Sub-contractors.

(4) The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)
/ contractor(s) / Sub-contractor(s) with confidentiality. The Monitor has also signed declarations on
'Non-Disclosure of confidential Information' and of ‘Absence of conflict of Interest'. In case of any
conflict of interest arising at a later date, the IEM shall inform CMD, Northern Coalfields Limited and
recuse himself / herself from that case.

(5) The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations
between the principal and the contractor. The parties offer to the Monitor the option to participate
in such meetings.

(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he / she will so
inform the Management of the principal and request the Management to discontinue or take
corrective action, or to take other relevant action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in
a specific manner refrain from action or tolerate action.

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(7) The Monitor will submit a written report to the CMD, Northern Coalfields Limited within 8 to 10
weeks from the date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.

(8) If the Monitor has reported to the CMD, Northern Coalfields Limited, a substantiated suspicion of an
offence under relevant IPC/ PC Act- and the CMD, Northern Coalfields Limited has not, within the
reasonable time taken visible action to proceed against such offence or reported it to the chief
vigilance officer, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner.

(9) The word 'Monitor' would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the contractor 12 months after
the last payment under the contract, and for all other Bidders 6 months after the contract has been
awarded. Any violation of the same would entail disqualification of the bidders and exclusion from
future business dealings.

If any claim is made / lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged / determined by CMD,
Northern Coalfields Limited.

Section 10 - Other provisions

(1) Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.

(2) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.

(3) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.

(4) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.

(5) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in the
Integrity Pact will prevail.

Section 11- Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts
of the BIDDER and the BIDDER shall provide necessary information and documents in English and
shall extend all possible help for the purpose of such examination.

Section 12- Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.

Section 13 - Other Legal Actions

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The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may
follow in accordance with the provisions of the extant law in force relating to any civil or criminal
proceedings.

(For & On behalf of Bidder/ Contractor)

This document is digitally signed

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 Annexure-1(As per Terms of Pre Contract Integrity Pact)
Guidelines for Indian Agents for Foreign supplier
(1) Authorised Indian Agent of a foreign manufacturer or indigenous manufacturer is also eligible to
quote on behalf of its principal against the tender, in case manufacturer as a matter of corporate
policy does not quote directly. However, in such case, authorised Indian Agent shall have to upload
scanned copy of tender specific Manufacturer's Authorization; signed and stamped by the
manufacturer to quote against the CIL Tender, indicating the Tender Reference No. and date along
with the offer. The authorised Indian Agent is to upload scanned copies of details in respect of its
organization along with the copies of document like certificate of incorporation / registration etc.
along with the offer. The firm (Indian Agent) should be in existence for 3 years on the date of tender
opening, irrespective of date of appointment as Indian Agent.
In case an Indian Agent is participating in a tender on behalf of one manufacturer, it is not allowed to
participate / quote on behalf of another manufacturer in this tender or in a parallel tender for the
same item. Further, in a tender, either manufacturer can quote or its authorised Indian Agent can
quote but both are not allowed to participate/ quote in the same tender. Also one manufacturer can
authorise only one agent to quote in the same tender. All the bids, not quoted as per the above
guidelines, will be rejected.

(2) The Foreign manufacturer must indicate the name & address of its agent in India. It should also
indicate the commission payable to them and the specific services rendered by them. The Indian
Agency commission will be payable only on FOB prices of goods and it should be quoted as a
percentage of the FOB price. In case, the foreign manufacturer does not have any Indian Agent, it
should be clearly mentioned in the bid. In terms of Integrity pact, the bidder has also to disclose all
payments to agents, brokers or any other intermediaries.

The amount of agency commission payable to Indian Agent should not exceed 5% or what is specified
in agency agreement, whichever is lower.

(3) In addition to above A certificate that no commission is payable by the principal supplier to any
agent, broker or any other intermediary against this contract other than percentage as indicated in
BOQ (not exciding 5% of FOB) of FOB value of the contract to Indian Agent. This certificate forms a
part of letter of credit.

(4) The payment of Indian Agency Commission, if any, involved, may be considered in case of necessity,
subject to compliance of the Government of India guidelines issued from time to time. The name of
the Indian Agent with their full address and the quantum of Agency commission if any, payable shall
have to be mentioned in the offer by the foreign manufacturer.
The following documents shall be submitted by the bidder in case of contract with foreign principals
involving Indian agents:
i. Foreign principal's pro-forma invoice or any other authentic document indicating the
commission payable to the Indian agent, nature of after sales service to be rendered by the
Indian Agent and the precise relationship between the Principal and the Agent and their
mutual interest
ii. Copy of the agency agreement if any with the foreign principal stating the precise
relationship between them and their mutual interest in the business.
However, if all the details given in Para - (i) are complied with, the requirement of submission of
document mentioned at Para (ii) may be waived.

(5) Agency commission, if any, shall be paid in equivalent Indian Rupees.

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 Annexure – XVI

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 Annexure-XVII

Signature Not Verified

Digitally signed by PRAVEEN KANT VARUN
Date: 2022.09.03 12:47:24 IST
Location: Coal India Limited-CIL

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