1

WESTERN COALFIELDS LIMITED

(A Govt. of India Undertaking)
WEB SITE: http://westerncoal.in
http://eprocure.gov.in
e-mail –
https://coalindiatenders.nic.in [email protected]
CIVIL-WELFARE DEPARTMENT
COAL ESTATE, CIVIL LINES, NAGPUR -440001
Regd. Office : Coal Estate, Civil Lines, Nagpur-440001
CIN – U10100MH1975GOI018626

GSTIN – 27AAACW1578L1ZW Website : westerncoal.in

Tender Ref. No. नाग/वेको ल/ स वल-क याण/ e44/2023-24/3584 िदनांक : 28.03.2024

िनिवदा सूचना
Notice Inviting Tender

e-Tender Notice - wcl-hq-civil-welfare-e44-2023-24

FOR ESTIMATED COST PUT TO TENDER OF LESS THAN 50 LAKHS

1. Tenders are invited on-line under single cover system on the website
https://coalindiatenders.nic.in from the eligible bidders having Digital Signature Certificate
(DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of
India and which can be traced up to the chain of trust to the Root Certificate of CCA, for the
following work:
Estimated Cost of Earnest Period of
Description of work Location Work (Including Money (In Completion
GST) Rs.) (In Days)
(In Rs.)
Water proofing treatment
of the roof slab with APP
Koyla
(Atactic Polypropylene
Vihar Rs. 45,800/-
Polymer) 3mm thick at 60
Colony, Rs.36,60,409/-
A,B and C type Quarters,
WCL HQ
Koyla Vihar Colony of
WCL HQ Nagpur.
Note: i) Bidders must be the manufacturer of APP membrane or an Authorised
applicator of the manufacturer of APP membrane. The intending bidder has to
submit the documentary evidence of being a manufacturer or Authorised
applicators of the manufacturer of APP membrane and this will be one of the
eligibility criteria for becoming eligible.

ii) Water proofing work with APP is a specialized items of work for which Five
(05)years Guarantee is required to be given by the bidder as per format given at
Annexure VII.

iii) Refund of Security Deposit for the subject work shall only be dealt as per NIT
clause 4.9 of Condition of Contract being a specialized Item of Works (Water
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proofing work with APP). If there is any conflict with any of the provisions in the
subject tender for refund of the Security Deposit (Performance Security & Retention
Money), Clause-4.9 of ‘Conditions of Contract’ shall only prevail over other clauses.

(i). For Site visit of location of work, the prospective bidder(s) may contact Shri V.C. Kelkar, SOE
(Civil), Civil-Welfare Dept., WCL Hq. Mob. No. 08275970327.

Tender inviting authority Contact Person(s)/Tender Dealing Officer(s)

Mrs Kalpana Thakurwar, Mrs Kalpana Thakurwar,
Manager (Civil). Mob. No. 8275970096
Manager (Civil).

Note:
Availability/downloading of bid documents:
The bid documents will be available on the website(s) https://www.coalindiatenders.nic.in and
can be downloaded by the bidder up to the bid submission end date.

1. Basis of Estimated Value

[ TO BE INDICATED AS PER APPLICABILITY]

a) The descriptions, specifications and analysis of all items of BOQ are based on WCL Up-
dated DSR-2018 for 2022-23 and Analyzed Rate.
b) Above Estimated Cost is inclusive of GST and ITC is not available to WCL.
c) Wages considered in cost estimate is inclusive of CMPF contribution of the contractor’s
part towards wages of labours.
d) Payable statutory payments like PF & ESI contributions, paid to the contract workers as applica-
ble, shall be reimbursed, on quarterly basis, to the contractor on production of proof of payment
on actual basis to the workmen engaged in the contract, limited to 1252 workmen (maximum
likely number of workmen to be deployed).
e) Applicability of Price Variation clause : Not Applicable
f) Applicability of Joint Venture (JV) : Not Applicable

2. Time Schedule of Tender:

Sl.
Particulars Date Time
No
a. Tender e-Publication date 30.03.2024 17:00 Hrs

b. Document download start date 31.03.2024 17:00 Hrs

c. Document download end date 15.04.2024 17:00 Hrs

d. Bid Submission start date 31.03.2024 17:00 Hrs

e. Bid submission end date 15.04.2024 17:00 Hrs

f. Start date for seeking Clarification on-line 31.03.2024 17:00 Hrs

g. Last date for seeking Clarification on-line 08.04.2024 17:00 Hrs

h. Date of Pre-bid meeting (if any) …..

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i. Bid Opening date* 17.04.2024 11:00 Hrs

Note:
(i) The auto extension of submission of bid and opening of bid shall be applicable as per details
mentioned in clause No.14 of NIT.
ii) Above dates are subject to change on case to case basis, if notified.
3. Earnest Money Deposit (EMD):
The bidder will have to make the payment of EMD through ONLINE mode only.

3.1 In Online mode the bidder can make payment of EMD either through NET-BANKING from
designated Bank(s) or through NEFT/RTGS from any scheduled Bank(s).

NET-BANKING: In case of payment through net-banking the money will be immediately

transferred to CIL/ Subsidiary’s designated Account.

NEFT/RTGS: In case of payment through NEFT/RTGS from any scheduled bank(s), the bidder
will have to make payment as per the Challan(s) generated by system on e-Procurement
portal. The payment of EMD through NEFT/RTGS mode should be made well ahead of time to
ensure that the EMD amount is transferred to CIL/ Subsidiary account before submission of
bid.

3.1.1 The Bidder will be allowed to submit his/her/their bid only when the EMD is
successfully received in CIL/ Subsidiary’s designated account and the information flows from
Bank to e-Procurement system.

3.1.2 In online payment of EMD, if the payment is made by the bidder within the last date
and time of bid submission but not received by CIL/ Subsidiary within the specified period
due to any reason(s) whatsoever then the bid will not be accepted. However, the EMD will be
refunded back to the bidder.
3.1.3 Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by
Department of Micro, Small and Medium Enterprises (MSME) will be exempt from the
payment of earnest money (applicable only for Services tenders).
In case of exemption of EMD, the scanned copy of document in support of exemption will
have to be uploaded by the bidder during bid submission. However, this option is to be
enabled only in those cases where the exemption of EMD to some bidders is allowed as per
NIT.
3.2 If the bidder defaults in satisfying Techno-commercial criteria, full EMD will be forfeited.
4. Pre-bid Meeting:
The pre-bid meeting if applicable shall be held in the office of Tender Inviting Authority, on the
scheduled date & time, if specified in the NIT. The purpose of the pre-bid meeting is to clarify
the issues and to answer the questions on any matter that may be raised at that stage. Non-
attendance at the pre-bid meeting will not be a cause for disqualification of bidder and it shall
be presumed that the bidder does not require any clarification. The management shall circulate
proceedings of the pre-bid meeting, if held.
5. Clarification of Bid:
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The bidder may seek clarification on-line within the specified period. However, the
management will clarify as far as possible to the relevant queries.

6. 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 and tender document, undertakings and the e-
Procurement system through https://coalindiatenders.nic.in in order to become an eligible
bidder. This will be a part of the agreement.

7. Eligible Bidders:

The invitation for bid is open to all bidders including an individual, proprietorship firm,
partnership firm, company, any legal entity having eligibility to participate as per eligibility
criteria stipulated in clause No.8 of NIT and having Digital Signature Certificate (DSC) issued from
any agency authorized by Controller of Certifying Authority (CCA), Govt. of India and which can
be traced up to the chain of trust to the Root Certificate of CCA.
Note:
i. Joint Venture is not allowed to participate in the tender.
ii. In order to submit the Bid, the bidders have to get themselves registered online on
the e-Procurement portal of CIL (https://coalindiatenders.nic.in) with valid Digital
Signature Certificate (DSC) issued from any agency authorized by Controller of Certi-
fying Authority (CCA), Govt. of India and which can be traced up to the chain of trust
to the Root Certificate of CCA. The online Registration of the Bidders on the portal
will be free of cost and one-time activity only. The registration should be in the name
of bidder, whereas DSC holder may be either bidder himself or his duly authorized
person. The bidder is one whose name will appear as bidder in the e-Procurement
Portal.

8. Eligibility Criteria:
A. Permanent Account Number(PAN) : The bidder should possess valid Permanent Account
Number (PAN) issued by Income Tax department, Govt. of India.

In respect of the above eligibility criteria the bidders are required to furnish the following
information on-line :

i) Confirmation regarding possessing of Permanent Account Number (PAN) issued by Income

Tax department, Govt. of India in the form of Yes / No.

Scanned copy of documents to be uploaded by bidder(s) (BIDDER SPACE/MY DOCUMENT):

PAN CARD of the bidder.

B. Goods and Services Tax (Not Applicable for Exempted Services)

The bidder should be either GST Registered Bidder under regular scheme
OR
GST Registered Bidder under composition scheme
OR
GST unregistered Bidder

In respect of the above eligibility criteria the bidder is required to furnish the following
information online:

i). Confirmation in the form of Yes/No regarding possessing of required document as enlisted in
 5
NIT with respect to GST status of the bidder.

Note:

i). If turnover of bidder exceeds exemption/threshold limit, the bidder must have GST registration
as per GST Act and rules.

ii) During the execution of the contract if the GST status of the bidder changes, then the payment
of GST, if any, to the contractor will be made as per the GST status declared by the bidder during
tender stage based on which cost to company has been ascertained or at actuals, whichever is
lower.

Scanned copy of documents to be uploaded by bidder(s) in Bidder space/My Document:

The following documents depending upon the status w.r.to GST as declared by Bidder in the BOQ
sheet:

I. Status: GST registered Bidder under regular scheme

Document: GST Registration Certificate (i.e. GST identification Number) issued by appropriate
Authority of India.
II. Status: GST registered Bidder under composition scheme

Document: GST Registration Certificate (i.e. GST identification Number) issued by appropriate
Authority of India
III. Status: GST unregistered Bidder:

Document: A Certificate with UDIN from a practicing Chartered Accountant having membership
number with Institute of Chartered Accountants of India certifying that the Bidder is GST
unregistered Bidder in compliance with the relevant GST rules of India.
C. Purchase Preference under ‘Make in India’ Policy for “Local supplier”. (NOT APPLICABLE
WHERE ESTIMATED COST PUT TO TENDER IS LESS THAN 5 LAKHS.)

Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable. In terms
of the above said policy, purchase preference shall be given to Class-I local supplier. In terms
with the above said policy, Class-I local suppliers and Class-II local suppliers shall be eligible to
bid.

The definitions of Class-I Local Supplier, Class-II local supplier, Non-Local supplier, Local Content
and Margin of Purchase Preference as per above mentioned Order are as follows:-

A. ‘Class-I local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 50%, as defined
under said order.

B. ‘Class-II local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 20% but less than
50%, as defined under said order.
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C. ‘Non-Local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content less than 20% as defined under said order

D. ‘Local Content’ means the amount of value added in India which shall be 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, in
percent.

E. ‘Margin of Purchase Preference’ means the maximum extent to which the price quoted by
a Class-I local supplier may be above the L1 for the purpose of purchase preference. The
margin of purchase preference is 20%.

In respect of the above eligibility criteria the bidder is required to furnish the following
information online:

i). Confirmation in the form of Yes/No regarding possessing of required document indicating
percentage of local content as enlisted in NIT.

Note:-

i) All the Bidders at the time of bidding shall submit self-certification indicating the percentage
of local content in the offered items in Undertaking format as given in bid document. They
shall also give details of the location(s) at which the local value addition is made, if applicable.

In terms of the above said policy, purchase preference shall be given to local suppliers in the
following manner:
I. In the procurement of works which are divisible in nature, the following procedure shall be followed:
-
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract for full quantity will be awarded to L-1 at L-1 price by the Purchaser.

ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to L-1. There-
after, the lowest Bidder among the Class-I local suppliers will be invited to match the L-1 price
for the remaining 50% quantity subject to Class-I local supplier’s quoted price falling within the
margin of purchase preference, and the contract for that quantity shall be awarded to such lo-
cal supplier subject to his matching the L-1 price. In case such lowest eligible Class-I supplier
fails to match the L-1 price or accept less than the offer quantity, the next higher Class-I local
supplier within the margin of purchase preference shall be invited to match the L-1 price for
remaining quantity and so on, and contract shall be awarded accordingly. In case some quantity
is still left uncovered on Class-I local supplier, then such balance quantity may also be ordered
on L-1 Bidder.
II. In the procurement of works which are not divisible, and in procurement of services where the bid is
evaluated on price alone, the following procedure shall be followed:
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract will be awarded to L-1.

ii) If L-1 is not from a Class-I local supplier, the lowest Bidder among the Class-I local suppli-
ers, will be invited to match the L-1 price subject to Class-I local supplier's quoted price
falling within the margin of purchase preference, and the contract shall be awarded to
such Class-I local supplier subject to matching the L-1 price.
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iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the Class-I
local supplier with the next higher bid within the margin of purchase preference shall be
invited to match the L-1 price and so on and contract shall be awarded accordingly. In
case none of the Class-I local suppliers within the margin of purchase preference matches
the L-1 price, then the contract may be awarded to the L-1 Bidder.

III. Applicability in tenders where contract is to be awarded to multiple bidders

In tenders where contract is awarded to multiple bidders subject to matching of L1 rates or

otherwise, the ‘Class-I local supplier’ shall get purchase preference over ‘Class-II local supplier’
as well as ‘Non-local supplier’, as per following procedure:

a) In case there is sufficient local capacity and competition for the item to be procured, as
notified by the nodal Ministry, only Class I local suppliers shall be eligible to bid. As such,
the multiple suppliers, who would be awarded the contract, should be all and only
‘Class I Local suppliers’.
b) In other cases, ‘Class II local suppliers’ and ‘Non local suppliers’ may also participate in
the bidding process along with ‘Class I Local suppliers’ as per provisions of the Order.
c) If ‘Class I Local suppliers’ qualify for award of contract for at least 50 (fifty) percent of
the tendered quantity in any tender, the contract may be awarded to all the qualified
bidders as per award criteria stipulated in the bid documents. However, in case ‘Class I
Local suppliers’ do not qualify for award of contract for at least 50 (fifty) percent of the
tendered quantity, purchase preference should be given to the ‘Class I local supplier’
over ‘Class II local suppliers’/ ‘Non local suppliers’ provided that their quoted rate falls
within margin of purchase preference of the L1 bidder considered for award of contract
so as to ensure that the ‘Class I Local suppliers’ taken in totality are considered for
award of contract for at least 50 (fifty) percent of the tendered quantity.
d) First purchase preference has to be given to the lowest quoting ‘Class-I local supplier’,
whose quoted rates fall within margin of purchase preference, subject to its meeting
the prescribed criteria for award of contract as also the constraint of maximum
quantity that can be sourced from any single supplier. If the lowest quoting ‘Class-I local
supplier’, does not qualify for purchase preference because of aforesaid constraints or
does not accept the offered quantity, an opportunity may be given to next higher
‘Class-I local supplier’, falling within margin of purchase preference, and so on.
e) To avoid any ambiguity during bid evaluation process, the procuring entities may
stipulate its own tender specific criteria for award of contract amongst different bidders
including the procedure for purchase preference to ‘Class-I local supplier’ within the
broad policy guidelines stipulated in sub-paras above.

IV. Requirement for specification in advance: The minimum local content, the margin of
purchase preference and the procedure for preference to Make in India shall be
specified in the notice inviting tenders or other form of procurement solicitation and
shall not be varied during a particular procurement transaction.

V. Verification of local content:

a) If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at the
time of bidding shall submit self-certification indicating the percentage of local
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content in the offered items. They shall also give details of the location(s) at which
the local value addition is made, if applicable.
b) In cases of procurement for a value in excess of Rs. 10 crores, the ‘Class-I local
supplier’/ ‘Class-II local supplier’ shall be required to provide a certificate with UDIN
from the statutory auditor or cost 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 the percentage of local content.
c) Decisions on complaints relating to implementation of this Order, 2020 (amended from
time to time) shall be taken by TAA limited to the CMD of CIL/Subsidiaries to the
procuring entity.
d) CIL/Subsidiary may constitute committees with internal and external experts for
independent verification of self-declarations and auditor’s/ accountant’s certificates on
random basis and in the case of complaints.
e) False declarations will be debarring of the bidder or its successors for a period up to
two years as per Guidelines on debarment of firms from bidding along with such other
action as may be permissible under law.
f) A supplier who has been debarred by any procuring entity for violation of the Order
shall not be eligible for preference under the Order for procurement by any other
procuring entity for the duration of the debarment. The debarment for such other
procuring entities shall take effect prospectively from the date on which it comes to the
notice of other procurement entities, in the manner prescribed below.
g) The Department of Expenditure shall issue suitable instructions for the effective and
smooth operation of this process, so that:
1. The fact and duration of debarment for violation of the Order by any procuring entity
are promptly brought to the notice of the Member-Convenor of the Standing
Committee and the Department of Expenditure through the concerned Ministry
/Department or in some other manner;
2. on a periodical basis such cases are consolidated and a centralized list or
decentralized lists of such suppliers with the period of debarment is maintained and
displayed on website(s);
3. In respect of procuring entities other than the one which has carried out the
debarment, the debarment takes effect prospectively from the date of uploading on
the website(s) in the such a manner that ongoing procurements are not disrupted.

VI. Reciprocity Clause

1. 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 and GEM for appropriate reciprocal action.
2. Entities of countries which have been identified by the nodal
ministry/departments not allowing Indian 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 (including CIL
and its Subsidiaries) for all items related to that nodal Ministry/ Department,
 9
except for the list of items published by the Ministry/ Department permitting
their participation.
3. The term 'entity' of a country shall have the same meaning as under the FDI
Policy of DPIIT as amended from time to time.

VII. Manufacture under license/ technology collaboration agreements with phased

indigenization
a) While notifying the minimum local content, Nodal Ministries may make special
provisions for exempting suppliers from meeting the stipulated local content if the
product is being manufactured in India under a license from a foreign manufacturer
who holds intellectual property rights and where there is a technology collaboration
agreement / transfer of technology agreement for indigenous manufacture of a
product developed abroad with clear phasing of increase in local content.
b) In procurement of all goods, services or works in respect of which there is substantial
quantity of public procurement and for which the nodal ministry has not notified that
there is sufficient local capacity and local competition, the concerned nodal ministry
shall notify an upper threshold value of procurement beyond which foreign companies
shall enter into a joint venture with an Indian company to participate in the tender.
CIL/Subsidiary while procuring such items beyond the notified threshold value, shall
prescribe in their respective tenders that foreign companies may enter into a joint
venture with an Indian company to participate in the tender. CIL/ Subsidiary shall also
make special provisions for exempting such joint ventures from meeting the stipulated
minimum local content requirement, which shall be increased in a phased manner.

9. Submission of Bid:

a. In order to submit the Bid, the bidders have to get themselves registered online on the e-
Procurement portal of CIL (https://coalindiatenders.nic.in) with valid Digital Signature Certifi-
cate (DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt.
of India and which can be traced up to the chain of trust to the Root Certificate of CCA. The
online Registration of the Bidders on the portal will be free of cost and one-time activity only.
The registration should be in the name of bidder, whereas DSC holder may be either bidder
himself or his duly authorized person. The bidder is one whose name will appear as bidder in
the e-Procurement Portal.

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

(iii) The bidders have to accept unconditionally in GTE (General Technical Evaluation) the
Undertaking at Annexure II regarding Genuineness of the information furnished by him on-line
& authenticity of the scanned copy of documents uploaded by him on-line in support of his
eligibility criteria etc. and Annexure I (Letter of Bid). No recycling will be done for this document
i.e. no further clarification will be sought from bidder.

Moreover, the following documents shall be considered from bidder’s space / My document
and no recycling will be done for these documents i.e. no further clarification will be sought
 10
from bidder –

Information
to be
Scanned copy of documents uploaded by
S No Document furnished by
bidder in Bidder’s space/ My Document
Bidder on line
in GTE

1 2 3 4

1 Permanent Account Confirmation PAN card issued by Income Tax department,

Number in the form of Govt. of India.
Yes/NO for
(Ref. Clause No.8(A) possessing the
of NIT) supporting
documents

2 Goods and Services 1. The following documents depending upon the

Tax (GST) Status of Confirmation status w.r.to GST as declared by Bidder in the
Bidder (Not in the form of BOQ sheet:
Applicable for Yes/No
a) Status: GST Registered Bidder under
Exempted Services) regarding
regular scheme
possessing of
(Ref. Clause required Document: GST Registration Certificate
No.8(B) of NIT and
document as (i.e. GST identification Number) issued by
BOQ) enlisted in NIT appropriate authority of India.
with respect
to GST status b) Status: GST Registered Bidder under com-
position scheme
of the Bidder

2. Status of Document: GST Registration Certificate

(i.e. GST identification Number) issued by
the Bidder in
appropriate authority of India.
the BoQ excel
sheet being c) Status: GST unregistered bidder:
uploaded by
the Bidder Document: A Certificate with UDIN from a
during bid practicing Chartered Accountant having
submission as membership number with Institute of
Chartered Accountants of India certifying
per previous
that the bidder is GST unregistered bidder
column. in compliance with the relevant GST rules
of. India.

Note:

i) If turnover of bidder exceeds

exemption/threshold limit, the bidder
must have GST registration as per GST Act
and rules.
3 Legal Status of the Confirmation Document(s) covered under any one of the
 11
bidder in the form of following sub-head(s):
Yes/NO for
possessing the 1. Affidavit or any other document to prove
supporting proprietorship/Individual status of the bidder.
documents 2. Partnership deed containing name of
partners.

3. Memorandum & Article of Association with

certificate of incorporation containing name of
bidder.

4 Letter of Bid and Confirmation NIL

Undertaking in the form of
regarding Yes/No for
genuineness of the
unconditional
information furnished
online and acceptance in
authenticity of the GTE
documents uploaded
online in support of
his eligibility as per
given format.

b. Confirmatory Documents: All the confirmatory documents as enlisted in the NIT in support
of online information submitted by the bidder are to be uploaded in Cover-I by the bidder while
submitting his/her/their bid. No recycling will be done for these documents i.e. no further
clarification will be sought from bidder.

Scanned copy of documents to be uploaded by

bidder(s) in support of
Eligibility Information to be
S No information/declaration furnished online by
Criteria furnished by the bidder against Eligibility Criteria
Bidder on line (CONFIRMATORY DOCUMENTS)

1 2 3 4

1 Digital Signature Confirmation in If the bidder himself is the DSC holder bidding
Certificate (DSC) the form of Yes/NO on-line then no document is required.
for possessing the
However, if the DSC holder is bidding online on
supporting
documents behalf of the bidder then the Power of Attorney
or any sort of legally acceptable document for
the authority to bid on behalf of the bidder

2 Undertaking by NA Undertaking regarding relatives as employees of

bidder on company, Registration with CMPF/EPF
his/her/their authorities, debarring/Banning/Delisting of
Letter Head as Bidder, Arbitration clause (in case of
per Annexure-III. partnership), Local supplier status of the Bidder
 12
as per clause 8C of NIT, declaration w.r.t Make
in India order dated 16.09.2020, Code of
Integrity for Public Procurement (CIPP) and
compliance w.r.t procurement from bidder of a
country which shares a border with India etc.

3 Manufacturer or NA Documentary Evidence of being

authorised Manufacturer of APP membrane or
applicator of Authorised applicator of manufacturer of
manufacturer of APP Membrane.
APP membrane

Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any
additional/ other relevant documents to support the information/declaration furnished
by bidder online against eligibility criteria may also be attached by the bidder in the same
file to be uploaded against respective eligibility criteria.

Note: For electrical works only – Following additional table may be inserted in the above table of
confirmatory documents

4 VALID Confirmation in Valid Electrical Contractor’s License issued by

ELECTRICAL the form of Yes/NO Electrical Licensing Board/Authority of any
LICENSE (For for possessing the Indian State/UT, in accordance with IE Rule-45.
Electrical works supporting (In case the Bidder is a Joint Venture, atleast
only) documents one partner of JV should possess the valid
Electrical Contractor’s License issued by
Electrical Licensing Board/Authority of any
Indian state, in accordance with IE Rule-45.)

The bidders will have to accept unconditionally in GTE (General Technical Evaluation) the following:

5 Code of Confirmation in CIPP (as per format given in bid document).

Integrity for the form of
Public Yes/NO for
Procurement possessing the (NOT TO BE UPLOADED SEPARATELY BUT WILL BE
(CIPP) supporting SIGNED BY THE AUTHORIZED SIGNATORY OF THE
documents BIDDER (S) WITH NAME, DESIGNATION AND SEAL OF
THE COMPANY AT TIME OF EXECUTION OF FORMAL
AGREEMENT).

d. Letter of Bid (LoB):

The format of Letter of Bid is given at Annexure I of Tender document. This will be the
covering letter of the bidder for his submitted bid. The bidders have to accept
unconditionally the Letter of Bid in GTE (General Technical Evaluation) at the time of bid
submission. This online acceptance during bidding through GTE shall be construed as
submission of Letter of Bid by the bidder.

e. Price bid: The Price bid containing the Bill of Quantity will be in Excel format and will be
downloaded by the bidder and bidder will quote the rates for all items on this Excel file. Prior
 13
to quoting the rates in the BOQ file, the bidder will select the appropriate status from the
following drop down list given in the BOQ:-

I. Status: GST Registered Bidder under regular scheme

II. Status: GST Registered Bidder under composition scheme
III. Status: GST unregistered bidder

The rates quoted by the bidder will be excluding GST and GST component (to be paid by CIL/
Subsidiary and/or the bidder) will appear as a separate entity. The component of GST will be
taken by the system based on the status of bidder selected by the bidder during bid submission
and with the pre-defined business logic given in the BOQ file by the department. This file will be
digitally signed and uploaded by the bidder after ascertaining the correctness of facts and
figures.

Thereafter, the bidder will upload the same Excel file during bid submission in cover-I. The
Price-bid (excluding GST) will be in Item Rate or Percentage Rate or Mixed Rate[combination of
Item Rate and Percentage Rate] BOQ format and the bidder will have to quote for 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 in this document is liable for rejection.

System for decision of L1 bidder

The L1 bidder will be decided based on Overall Quoted Value (i.e. cost to the Company). The
system for decision of L1 bidder will be as per following 02(two) cases:-

Case – 1: Supply/ Works for which INPUT TAX CREDIT (ITC) is not available to the Company.

For calculation of Overall Bid Value, the GST [CGST, SGST/UTGST, IGST and GST (compensation
to state tax)] to be paid by the bidder or by CIL/ Subsidiary taken by the system will be added
to decide the L1 i.e the ranking of the Bidders will be decided based on rates quoted by the
bidders plus GST. This value of the bidder will be “the Cost to Company”.

Then share of GST to be deposited by CIL/ Subsidiary, if any will be deducted from overall bid
value to arrive at the Contract value. The Price-bids of the tenderers shall have no condition.
The Price Bid which is incomplete and not submitted as per instruction given above is liable for
rejection.

Case – 2: Supply /Works for which INPUT TAX CREDIT (ITC) is available to the Company.

For calculation of Overall Bid Value, the GST [CGST, SGST/UTGST, IGST and GST (compensation
to state tax)] to be paid by the Bidder or by CIL/ Subsidiary taken by the system will be ignored
to decide the L1 i.e the ranking of the Bidders will be decided based on rates quoted by the
bidders excluding GST. This value of the bidder will be “the cost to Company”.

Then share of GST to be paid by bidder shall be added with overall bid value to arrive at the
Contract value. The Price-bids of the tenderers shall have no condition. The Price Bid which is
incomplete and not submitted as per instruction given above is liable for rejection.

Note: The bidder should select their GST category as per clause no. 8.B of NIT.

10. Bid Submission:

 14
All bids are to be submitted on-line on the website https://coalindiatenders.nic.in. No bid shall
be accepted off-line unless otherwise specified.

11. System Requirement:

It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software
and internet connectivity at bidder’s premises to access the e-tender website. Under any
circumstances, CIL/ Subsidiary shall not be liable to the bidders for any direct/indirect loss or
damages incurred by them arising out of incorrect use of the e-tender system or internet
connectivity failures.

12. Opening of Bid:

Tender will be decrypted and opened online by the “Bid Openers” with their Digital Signature
Certificates on/after the prescheduled date & time of Tender Opening.

12.2 The e-procurement system will evaluate the Technical bids automatically on the basis of
relevant data provided by bidder through a form in an objective and structured manner while
submitting bid. If the parameter given by bidder in objective and structured manner does not
confirm to required eligibility criteria as specified in the tender document, then the bid will be
either automatically rejected by the system or shown as non-complied bid which shall be
rejected by the evaluator.

12.3 All the documents uploaded by L1 bidder including EMD exemption documents (if any) and the
Evaluation sheets generated by the system online shall be downloaded after opening of bid.

13. Tender Evaluation:

a. After opening of bid, the documents submitted by L-1 bidder as enlisted in the NIT will be
downloaded by the Evaluator and shall be put up to the Tender Committee. The tender
Committee will examine the uploaded documents against information/declarations furnished
by the L1 bidder online. If the L-1 bidder complies with the eligibility requirement as per NIT,
then the bidder will be considered eligible for award of contract.
b. In case the L-1 bidder fails to comply the eligibility requirement as per NIT, then his bid shall be
rejected and EMD of L-1 bidder will be forfeited. The tender shall be cancelled and retendered.
c. No recycle of the confirmatory documents will be done.

d. The tender will be evaluated on the basis of documents uploaded by L-1 bidder online. The L-1
bidder is not required to submit hard copy of any document through offline mode. Any
document submitted offline will not be given any cognizance in the evaluation of tender.

e. In case the L1 bidder is technically eligible but rejection is due to high rate quoted by him/her
then the tender shall be cancelled and retendered.

f. It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the required
documents.

g. If L1 bidder backs out (i.e. Techno commercially established L1 bidder), the EMD will be
forfeited and the bidder will be debarred for minimum one (1) year from participating in
tenders in CIL/Subsidiary.
 15
h. Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable. (NOT
APPLICABLE WHERE ESTIMATED COST PUT TO TENDER IS LESS THAN 5 LAKHS.)

In terms with the above said policy, Class-I local suppliers and Class-II local suppliers shall be
eligible to bid. Non-local supplier is not eligible to bid. The purchase preference shall be given
to Class-I local supplier only.

In terms of the above said policy, purchase preference shall be given to Class-I local suppliers in the
following manner :

I. In the procurement of works which are divisible in nature, the following procedure shall be
followed :-

i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract for full quantity will be awarded to L-1 at L-1 price by the Purchaser.

ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to L-1.
Thereafter, the lowest bidder among the Class-I local suppliers will be invited to match
the L-1 price for the remaining 50% quantity subject to Class-I local supplier’s quoted
price falling within the margin of purchase preference, and the contract for that quantity
shall be awarded to such local supplier subject to his matching the L-1 price. In case such
lowest eligible Class-I supplier fails to match the L-1 price or accept less than the offer
quantity, the next higher Class-I local supplier within the margin of purchase preference
shall be invited to match the L-1 price for remaining quantity and so on, and contract shall
be awarded accordingly. In case some quantity is still left uncovered on Class-I local
supplier, then such balance quantity may also be ordered on L-1 bidder.

II. In the procurement of works which are not divisible, and in procurement of services
where the bid is evaluated on price alone, the following procedure shall be followed:-

i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract will be awarded to L-1.

ii) If L-1 is not from a Class-I local supplier, the lowest bidder among the Class-I local
suppliers, will be invited to match the L-1 price subject to Class-I local supplier's quoted
price falling within the margin of purchase preference, and the contract shall be awarded
to such Class-I local supplier subject to matching the L-1 price.

iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the Class-I
local supplier with the next higher bid within the margin of purchase preference shall be
invited to match the L-1 price and so on and contract shall be awarded accordingly. In
case none of the Class-I local suppliers within the margin of purchase preference
matches the L-1 price, then the contract may be awarded to the L-1 bidder.

Note: The confirmation from the bidder regarding matching of L1 price may be taken in confirmatory
document link of e-Procurement portal by recycling ‘Any other document’ link.

Verification of local content:

i) All the Bidders at the time of bidding shall submit self-certification indicating the percentage of local
content in the offered items. They shall also give details of the location(s) at which the local value
 16
addition is made, if applicable.

ii) CIL/ Subsidiary may constitute committees with internal and external experts for independent
verification of auditor’s / accountant’s certificates on random basis and in the case of complaints.

iii) False declarations will attract Guidelines on Debarment of firms from Bidding for a period up to two
year and with process in line with clause 20 of GTC.

iv) A local supplier who has been debarred by any procuring entity for violation of above order shall not be
eligible for preference under this Order for procurement by any other procuring entity for the duration of
debarment. The debarment for such other procuring entities shall take effect prospectively from the date
on which it comes to the notice of other procurement entities.

m. Procurement from Micro and Small Enterprises (MSEs) (APPLICABLE FOR TENDERS FOR
SERVICES)

i) Subject to meeting terms and conditions stated in the tender document including but not limiting
to prequalification criteria, 25% of the work will be awarded to MSE as defined in MSE Procurement
Policy issued by Department of Micro, Small and Medium Enterprises (MSME) for the tendered
work/item. Where the tendered work can be split, MSE quoting a price within a price band of L1 +
15% shall be awarded at least 25% of total tendered work provided they match L1 price. In case the
tendered work cannot be split, MSE shall be awarded full work provided their quoted price is within a
price band of L1 + 15% and they match the L1 price.

ii) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price,
the work may be shared proportionately if the job can be split.

If the job cannot be split, then the opportunity to match the L-1 rate of the tender shall be given first
to MSE who has quoted lowest rate among the MSEs and the total job shall be awarded to them after
matching the L-1 price of the tender, in case the L1 is other than MSE. If MSE is a L1 bidder, full work
will be awarded to such bidder. If the MSE who have quoted lowest rate among the MSEs in the price
band of L1 + 15% do not agree to match the rate of L1 of the tender, then the MSE with next higher
quoted rate in the price band of L1 + 15% shall be given chance to match the rate of L1 for award of
the complete job. This process to be repeated in till work is awarded to MSE or MSE bidders are
exhausted.

iii) Out of the 25% target of annual procurement from micro and small enterprises 3(three) percent
shall be earmarked for procurement from micro and small enterprises owned by women. In the event
of failure of such MSEs to participate in the tender process or meet the tender requirements and L1
price, 3(three) percent sub-target so earmarked shall be met from other MSEs.

iv) Out of the 25% target of annual procurement from micro and small enterprises 4(four) percent
shall be earmarked for procurement from micro and small enterprises owned by Scheduled Caste &
Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to participate in the tender
process or meet the tender requirements and L1 price, four percent sub-target so earmarked shall be
met from other MSEs.
v) To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority
must be submitted by the bidder in addition to certificate of registration with anyone of the agencies
mentioned in paragraph (I) above. The bidder shall be responsible to furnish necessary documentary
 17
evidence for enabling CIL/ Subsidiary to ascertain that the MSE is owned by SC/ST. MSE owned by
SC/ST is defined as:
In case of proprietary MSE, proprietor(s) shall be SC /ST
•In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the enterprise.
In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.
In case of Public Limited Companies, at least 51% share shall be held by SC/ST entrepreneurs at any
given point of time.

vi) Classification of Micro and Small Enterprise are as under:

a. Micro Enterprise –Enterprise where the investment in plant and machinery or equipment does not
exceed one crore Rupees and turnover does not exceed five core rupees.
b. Small Enterprise- Enterprise where the investment in plant and machinery or equipment does not
exceed ten crore Rupees and turnover does not exceed fifty core rupees.

vii) Micro and Small Enterprises (MSEs) registered under Udyam Registration are eligible to avail the
benefits under the policy.

viii) The MSEs are required to submit copy of documentary evidence, issued by their registering
authority whether they are small enterprise or micro enterprise as per provisions of Public
Procurement Policy for Micro and Small Enterprise (MSEs) Order, 2012 with latest
guidelines/clarifications provided by MoMSME.

ix) If MSE Bidder withdraws his offers after last date of bid submission or fails to sign the Agreement
or commence the work as per Conditions of Contract then such Bidder shall be debarred for a
minimum period of 1(One) year in line with provisions of Guidelines on Debarment of firms from
Bidding.

x) If a bidder participates as a joint Venture (JV), the benefits as per Public Procurement Policy for
MSEs Order 2012 shall not be applicable to them (Note: Applicable for Tenders for Services).

14. Auto Extension of Critical Date

If number of bids received online is found to be less than 03(three) on end date of bid
submission then the following critical dates of the Tender will be automatically extended for a
period of 04 (four) days ending at 17.00 hrs:

 Last date of submission of Bid.

 Last date of receipt of EMD.
 Date of Opening of Tender.

If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in the e-
Procurement Portal then the same is to be rescheduled to the next working day.

This extension will be also applicable in case of receipt of zero bid.

Notes:

1. The validity period of tender should be decided based on the final end date of submission
of bids.
2. The auto extension shall work on the basis of number of bids received only. It may so
happen that any of these bids may be eventually rejected during Tender Opening, Techni-
 18
cal evaluation or further process of evaluation resulting the total number of valid bids be-
coming less than 03(three).
3. After extension, the tender shall be opened irrespective of available number of bids on
the extended date of opening of tender.

15. One Bid per Bidder:

15.1 Each Bidder shall submit only one Bid, either individually, or as a proprietor, or as a
partner in a partnership firm or a partner in a Joint Venture or as a Company
registered under Companies Act. A Bidder who submits or participates in more than
one Bid (other than as a sub-contractor or in cases of alternatives that have been
permitted or requested) will cause all the proposals with the Bidder’s participation to
be disqualified.

16. Refund of EMD:

a) If EMD is paid by the bidder in online mode (Direct Debit/NEFT/RTGS) then the EMD of
rejected bidders will be refunded at any stage directly to the account from where it had
been received (except the cases where EMD is to be forfeited).
b) No claim from the bidders will be entertained for non-receipt of the refund in any account
other than the one from where the money is received.
c) If the refund of EMD is not received by the bidder in the account from which the EMD has
been made due to any technical reason then it will be paid through conventional system of
e-payment. For this purpose, if required, Tender Inviting Authority will obtain the Mandate
Form from the Bidder.
d) In case the tender is cancelled then EMD of all the participating bidders will be refunded
unless it is forfeited by the department.
e) If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)
then his/her EMD will be refunded automatically after the opening of tender.
f) At the option of bidder, the EMD of successful bidder (on Award of Contract) will be
retained by CIL/ Subsidiary and will be adjusted to Performance Security Deposit.

17. Site Visit:

17.1 The bidder, at the Bidder’s own responsibilities, cost and risk, is encouraged to visit and
examine the Site of Works and it’s surrounding, approach road, soil condition, investigation
report, existing works, if any, connected to the tendered work, drawings connected to the work,
if / as available and obtain all information that may be necessary for preparing the Bid and
entering into a contract for execution of the works. The cost of visiting the Site shall be at the
Bidder’s own expense.

17.2 It shall be deemed that the Bidder has visited the Site/Area and got fully acquainted with
the working conditions and other prevalent conditions and fluctuations thereto whether
he/she/they actually visits the Site /Area or not and has taken all the factors into account while
quoting his/her/their rates.

17.3 The Bidder is expected, before quoting his rate, to go through the requirement of
materials/workmanship, specification, requirements and conditions of contract.

17.4 The Bidder, in preparing the bid, shall rely on the site investigation report referred to in the
bid document (if available), supplemented by any information available to the Bidder.

18. Taxes and Duties:

 19
All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if
applicable) only) and other levies, royalty, building and construction workers cess (as applicable
in States) payable by the bidder/Contractor under the Contract, or for any other cause as
applicable on the last date of submission of Bid, shall be included in the rates, prices and the
total Bid Price submitted by the Bidder. Applicable GST, if any, either payable by bidder or by
company under reverse change mechanism shall be computed by system in BOQ sheet as per
predefined logic.

All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and
plants etc. as may be attendant upon execution and completion of works shall also be included
in the rates, prices and total Bid price submitted by the bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid
and/or any increase over the rate existing on the last date of submission of Bid shall be
reimbursed by the company on production of documentary evidence in support of payment
actually made to the concerned authorities.

Similarly, if there is any decrease in such duties, taxes and levies the same shall become
recoverable from the contractor. The details of such duties, taxes and other levies along with
rates shall be declared by the bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding
GST & GST Compensation Cess, if applicable. The payment of GST and GST Compensation Cess
by service availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor)
would be made only on the latter submitting a Bill/invoice in accordance with the provision of
relevant GST Act and the rules made there under and after online filing of valid return on GST
portal. Payment of GST & GST Compensation Cess is responsibility of the service
provider/contractor.

Further, any GST credit note required to be issued by the bidder / contractor under the GST
provisions should be issued within the time limit prescribed under the GST law.

However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under

composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST
and/or GST Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST, if
applicable will be deposited by CIL/Subsidiary directly to concerned authorities in terms with
GST provisions.

Input tax credit is to be availed by CIL/Subsidiary as per rule.

If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital
Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods
and services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns
under GST, payment of CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax
invoice to the tax authorities, issue of proper tax invoice or any other reason whatsoever, the
applicable taxes & cess paid based on such Tax invoice shall be recovered from the current bills
or any other dues of the supplier/vendor along with interest and penalty, if any.

The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and
shall not be subject to variations on any account except to the extent variations allowed as per
 20
the conditions of the contract of the bidding document.

The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and
to deal with such amount in terms of the provisions of the Statute or in terms of the direction
of any statutory authority and the company shall only provide with certificate towards such
deduction and shall not be responsible for any reason whatsoever.

In case of collection of minor minerals in area (both virgin and non-virgin), acquired by the
Company under the Coal Act, the contractor will have to produce a royalty clearance certificate
from the District Authorities before full and final payment.

Further, where any damages or compensation becomes payable by either the Company or the
bidder / contractor pursuant to any provision of this Agreement, appropriate GST wherever
applicable as per the GST provisions in force shall also apply in addition to such damages or
compensation.

Note:

During the execution of the contract if the GST status of the bidder changes, then the payment
of GST, if any, to the contractor will be made as per the GST status declared by the bidder during
tender stage based on which cost to company has been ascertained or at actuals, whichever is
lower.

19. Cost of Bidding:

The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible or liable for those costs.

20. Technical Specifications:

The tenderer shall closely study all specifications in detail, which govern the rates for which he
is tendering.

21. Currencies of Bid and Payment:

The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees only.

22. Handing Over of Site:

On completion of the work all rubbish, debris, brick bats etc. shall be removed by the
contractor(s) at his/their own expense and the site cleaned and handed over to the company
and he/they shall intimate officially of having completed the work as per contract.

23. Deployment of Manpower and Machineries:

The tenderer(s) will deploy sufficient number and size of equipments/machineries/vehicles and
the technical/ supervisory personnel required for execution of the work.

24. Change in Constitution of the Contracting Agency:

Prior approval in writing of the company shall be obtained before any change is made in the
constitution of the contracting agency, otherwise it will be treated as a breach of Contract.

25. Canvassing in Tender:

 21

Canvassing in connection with the tenders in any shape or form is strictly prohibited and
tenders submitted by such tenderers who resort to canvassing shall be liable for rejection.

26. Letter of Acceptance (LOA)/Work Order/Agreement:

The Bidder, whose Bid has been accepted, will be notified /communicated by the Employer
electronically online on the e-procurement portal of CIL prior to expiration of the Bid validity
period. The L-1 bidder will get the information regarding award of work on their personalised
dash-board on-line. On receipt of Letter of Acceptance (LOA)/Work Order of the tender issued
by the Company, the successful tenderer shall execute contract agreement in the company's
prescribed form for the due fulfilment of the contract. Failure to enter into the required
contract within the specified period in the work order shall entail cancellation of LOA/work
order and forfeiture of the Earnest Money. In addition, the department may debar the bidder
from participating in future bids for at least 12 months as per Guidelines on Debarment of firms
from Bidding.

27. Bid Validity:

The validity period of the tenders shall be 120(One Hundred Twenty) days from the end date of
bid submission.

In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request the bidders (all the responsive tenderers) to extend the period of validity for a
specified additional period. The employer’s request and the bidder’s responses shall be made in
writing. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to
the request will not be required or permitted to modify his bid.

The tenderer shall not, during the said period or within the period extended by mutual consent,
revoke or cancel his tender or alter the tender or any terms/conditions thereof without consent
in writing of the company. In case the tenderer violates to abide by this, the Company will be
entitled to take action as per clause No.28 (Modification and Withdrawal of Bid) of NIT.

28. Modification and Withdrawal of Bid:

Modification of the submitted bid shall be allowed online only before the deadline of
submission of tender and the bidder may modify and resubmit the bid online as many times as
he may wish.

Bidders may withdraw their bids online within the end date of bid submission and their EMD
will be refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit
the bid in that particular tender. For withdrawal of bid after the end date of bid submission, the
bidder will have to make a request in writing to the Tender Inviting Authority.
Withdrawal of bid may be allowed till issue of work order/LOA with the following provision of
penal action:
1. the EMD will be forfeited and

2. the bidder will be debarred for minimum 1(One) year from participating in tenders in
CIL/Subsidiary.
The Price-bid of all eligible bidders including this bidder will be opened and action will follow as
under:
i). If the bidder withdrawing his bid is other than L 1, the tender process shall go on.

ii). If the bidder withdrawing his bid is L-1, then re-tender will be done.
 22
Note:
In case of above, a letter will be issued to the bidder by Tender Inviting Authority with the
approval of Tender Accepting Authority (in case Board is Tender Accepting Authority then with
the approval of CMD), stating that the EMD of bidder is forfeited, and this bidder is debarred
for……year from participating in tenders in CIL/Subsidiary. This letter will be circulated to all
Areas and CIL/Subsidiary HQ and the updated list will be maintained by all Tender Inviting
Authority/Evaluators.

Penal action against clauses above will be enforced from the date of issue of such order.
iii) The standard operating procedure to handle withdrawal of bid after end date of submission
is shall be as per Clause no 29 (Standard Operating Procedure for Withdrawal of Bid) of NIT.

29. Standard Operating Procedure for Withdrawal of Bid:

I. The Mode of withdrawal: -

A. Online Withdrawal of Bids:

a. The system of online withdrawal is available on the portal up to end date of bid
submission, where any bidder can withdraw his/her bid which will attract no penal
action from department side.
b. The system of online withdrawal beyond end date of bid submission and till award
of contract is also available but not fully functional and under development stage.
Once it is developed and implemented only online withdrawal shall be considered
except for some exceptional cases as mentioned in clause below.

B. Offline Withdrawal of Bids :

a. A partner of bidder (in case of partnership firms) whose DSC is registered on the e-
Procurement portal can access the portal for online withdrawal but when there is a
split in the business relationship, the partners whose DSC is not registered on the
portal do not have the option of online withdrawal of bid. Hence such partners
may opt to use offline method of withdrawal of his/her offer (or express his disas-
sociation from the bidder organization).
b. Till a fully functional system of online withdrawal of bid (beyond end date of bid
submission and till award of contract) is not developed and implemented, offline
withdrawal shall also be considered.

II. Acceptance of withdrawal by Tender Committee:

A. Every case of withdrawal under Clause I-(A) (b) and Clause I-(B) shall be put up to Tender
Committee for deliberation and further course of action.

B. The Tender Committee shall apply its due diligence to decide:

a. Whether the request for withdrawal of offer has been received from right source and
authentic. For this purpose a letter is to be sent by registered post/speed post to the
bidder on the address as given by him in the enrollment page of e-Procurement portal,
allowing 10 days’ time to confirm the withdrawal. If the bidder does not confirm the
withdrawal within the stipulated period then it should be construed that there is no
withdrawal of bid. In case the withdrawal/disassociation from the firm (Partnership
firm) has been submitted by any other partner then also the confirmation has to be
sought from the bidder and if bidder wants to deny the withdrawal/disassociation
from the partnership firm then the bidder shall be required to furnish a legally ac-
ceptable document signed by all the partners of the firm to substantiate his claim.
b. Whether the withdrawal is due to the reason other than to support any mala fide in-
tention of any participating bidder such as participating or supporting a cartel forma-
tion etc.
c. If the mala fide intentions in the withdrawal are apprehended then the tender
should be cancelled apart from other penal action as per e-Procurement Manual for
works and services of CIL and other guidelines/manuals of CIL.
 23
d. If no mala fide intentions in the withdrawal are apprehended then the penal action
in line with the prescriptions of the e-Procurement Manual for works and services of
CIL will be applicable.

The Tender Committee may also obtain the opinion of legal department in order to ascertain the le-
gal course of action in case of Clause II-(B)(b) and II-(B)(c) above.

30. Postponement of scheduled date(s):

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

31. Public Enterprises preference:

The Company reserves its right to allow Public Enterprises purchase preference facility as
admissible under prevailing policy.
32. Contract Agreement Document(s):

This Tender Notice shall be deemed to be part of the Contract Agreement. The “General Terms
& Conditions”, Additional Terms & Conditions, Special Terms & Conditions (if any), Technical
Specifications, drawings (if any) and any other document uploaded on portal as NIT document
forms an integral part of this NIT and shall also form a part of the contract agreement as per
clause 2 of the ‘General Terms and Conditions’ of ‘Conditions of Contract’.

33. Sub-letting of Work:

No subletting of work as a whole by the contractor is permissible. Subletting of work in piece rated
jobs is permissible with the prior approval of the department. The total value of subcontracted
work should not exceed 25% of the contract price specified in the contract. Procurement of
material, hiring of equipment or engagement of labour will not mean sub-contracting.

If a contractor submits his bid qualifies but does not get the contract because of his being not the
lowest, he will be prohibited from working as a sub-contractor for the contractor who is executing
the contract.

The Contract Agreement will specify major items of supply or services for which the contractor
proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose any
addition or deletion from any such list and will submit proposals in this regard to the Engineer-in -
Charge/Designated Officer-in-charge for approval well in advance so as not to impede the
progress of work. Such approval of the Engineer-in-Charge/Designated Officer-in-Charge will not
relieve the contractor from any of his obligations, duties and responsibilities under the contract.

34. Prohibition of Child Labour engagement:

The contractor/contractual Agencies must not engage any Child Labour during the course of
execution of the contract work within the meaning and scope of the Child Labour Prohibition &
Regulation Act-1986 and its relevant Act and Rules amended from time to time by the Govt. of
India.
35. Implementation of CMPF/EPF:
The tenderer shall have to ensure implementation of CMPF/EPF, if applicable, in respect of the
workers deployed by him as detailed in the tender document.

36. Splitting up of the work:

 24
The Company does not bind itself to accept the lowest tender and reserves the right to reject
any or all the tenders without assigning any reasons whatsoever and to split up the work
between two or more tenderer(s) or accept the tender in part and not in its entirety.

37. Settlement of Disputes:

Matters relating to any dispute or difference arising out of this tender and subsequent contract
Awarded based on this tender, shall be dealt as per Clause No. 16- title- ‘Settlement of Disputes’
of the ‘General Terms and Conditions’ of ‘Conditions of Contract’ of the tender document.

38. Restrictions on Procurement from a bidder of a country which shares a land border with India
and on sub-contracting to contractors from such countries:

The guidelines as per order no.F.No.6/18/2019-PPD dt 23/7/2020 of Ministry of Finance, GoI as

amended from time to time shall be applicable.

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.
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain con-
text) means any person or firm or company, including any member of a 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 herein before, 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 lndia” for the purpose of Order
F.No. 6/18/2019-PPD dated 23.07.2020 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
c. An entity substantially controlled through entities incorporated, established or regis-
tered 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 joint venture where any member of the 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 per-
son(s), 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 Percent of shares or capital or profits of the company;
b. “Control” shall include the right to appoint the 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 en-
titlement 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.
 25
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 deal-
ings 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.
Note:

1. (a) The intending bidders must accept unconditionally in GTE the Undertaking at Annex-
ure-III in compliance to order no.F.No.6/18/2019-PPD dt 23/7/2020 and as amended from
time to time of Ministry of Finance, GoI.
AND

(b) Valid registration from competent authority (if applicable). Registration should be
valid at the time of submission of bid and at the time of acceptance of bids.

2. Guidelines issued by GoI regarding registration with Competent Authority and regarding
exclusion from restriction may please be referred.

39. Code of Integrity for Public Procurement (CIPP)

The bidders/ contractors are required to abide the Code of Integrity for Public Procurement
(CIPP) as given in the tender document.

40. Any corrigendum/date extension etc. in respect of above tender shall be issued in website
https://coalindiatenders.nic.in only. No separate notification shall be issued in the press. Bidders
are therefore requested to visit our website regularly to keep themselves updated.

Tender Inviting Authority

 26

INSTRUCTIONS TO BIDDERS
1. SCOPE OF BIDDER

1.1 The Western Coalfields Limited (referred to as Employer in these documents) invites bids for the
works as mentioned in the Bid Notice. The Bidders should submit Bids for all the works mentioned
in the Notice.
(Note:- In the subject tender document, wherever, subsidiary is mentioned, it shall be read/referred
as Western Coalfields Limited)

1.2 The successful Bidder will be expected to complete the Work(s) by the Intended Completion
period specified in the Bid document/Notice.

2. ELIGIBLE BIDDERS

2.1 The Invitation for Bid is open to all Bidders including an individual, proprietorship firm,
partnership firm, company registered under Companies Act, any legal entity. The bidders shall be
eligible to participate only if they fulfil the qualifying/eligibility criteria specified in e-Tender Notice
and at Clause No.3.

The joint Venture is not allowed to participate in the tender.

2.2 Deleted

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

2.4 No sub-letting of the work as a whole by the contractor is permissible. Prior permission is
required to be taken from the principle employer for engagement of sub-contractors in part
work/piece rated work. The total value of subcontracted work should not exceed 25% of the
contract price specified in the contract. Procurement of material, hiring of equipment or
engagement of labour will not mean sub-contracting.
 27
INSTRUCTIONS TO BIDDERS

If a contractor submits his bid qualifies but does not get the contract because of his being not the
lowest, he will be prohibited from working as a sub-contractor for the contractor who is executing
the contract.

The Contract Agreement will specify major items of supply or services for which the contractor
proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose any
addition or deletion from any such list and will submit proposals in this regard to the Engineer-in–
Charge/Designated Officer in charge for approval well in advance so as not to impede the progress
of work. Such approval of the Engineer-in-Charge / Designated Officer in Charge will not relieve the
contractor from any of his obligations, duties and responsibilities under the contract.

3. QUALIFICATION OF THE BIDDER

3.1 In the event that pre-qualification of potential bidders has been undertaken, only bids from pre-
qualified bidders will be considered for award of contract.

3.2 If the employer has not undertaken pre-qualification of potential bidders, all bidders shall fulfil
the eligibility / qualifying criteria as detailed at Cl. No.8 & 9 of e-Tender Notice. Such details shall be
submitted as deliberated at e-Tender Notice.

3.3 If the bidder is subsidiary of a company, the experience and resources of the holding company
or its other subsidiaries will not be taken into account. However, if the bidder is a holding company,
the experience and resources of its wholly owned subsidiaries will be taken into consideration.

3.4 Even though the bidders meet the above eligibility/qualifying criteria, they are subject to be
disqualified if they have:

a. Made misleading or false representations in the forms, statements and

attachments submitted in proof of the qualification requirements.
b. On account of currency of debarment as applicable.

Notes:
The documents to be furnished by the bidder to prove that he is satisfying the qualification criteria
laid down should all be in the bidder’s name except in cases where though the name has changed,
owners continued to remain the same and in cases of amalgamation of entities and when a holding
company relies on credential of its wholly owned subsidiary.

4. ONE BID PER BIDDER

4.1 Each Bidder shall submit only one Bid, either individually, or as a proprietor, or as a partner in a
partnership firm or as a partner in a joint venture or as a Company registered under Companies Act.
A Bidder who submits or participates in more than one Bid (other than as a sub-contractor or in
cases of alternatives that have been permitted or requested) will cause all the proposals with the
Bidder's participation to be disqualified.

Earnest Money deposited by defaulting Bidders shall be forfeited and they shall be debarred from
participating in future tenders in concerned Subsidiary/CIL HQ for a period of 12(twelve) months
from the date of issue of such letter. In case of JV/Partnership firm, the debarment shall also be
applicable to all individual partners of JV/Partnership firm.

5. COST OF BIDDING
 28
INSTRUCTIONS TO BIDDERS
5.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and
the Employer will in no case be responsible or liable for those costs.

6. SITE VISIT

6.1 The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit and examine
the Site of Works and its surroundings, approach road, soil condition, investigation report, existing
works, if any, connected to the tendered work, drawings connected to the work, if / as available and
obtain all information that may be necessary for preparing the Bid and entering into a contract for
execution of the Works. The costs of visiting the Site shall be at the Bidder's own expense.

6.2 It shall be deemed that the Bidder has visited the site/area and got fully acquainted with the
working conditions and other prevalent conditions and fluctuations thereto whether he actually
visits the site/area or not and has taken all the factors into account while quoting his rates.

6.3 The bidder is expected, before quoting his rate, to go through the requirement of materials /
workmanship, specification, requirements and conditions of contract.

6.4 The bidder, in preparing the bid, shall rely on the site investigation report referred to in the bid
document (if available), supplemented by any information available to the bidder.

7. CONTENT OF BIDDING DOCUMENTS

7.1 The set of bidding documents comprises the documents listed in the table below as issued
online by the Employer and addendum/corrigendum issued in accordance with relevant provision.

a. Notice Inviting Tender

b. Instructions to Bidders;
c. Conditions of Contract;
d. Scope of work/Bill of Quantities;
e. Forms of Securities and form of Article of Agreement.
f. Pre-contract Integrity Pact (if applicable)
g. User portal Agreement
h Guidelines of Debarment of firms from Bidding
i. Code of Integrity for Public Procurement (CIPP)
j. Other document, if required.

8. CLARIFICATION OF BIDDING DOCUMENTS

8.1 The bidder may seek clarification on-line within the specified period. However, the
management will clarify as far as possible to the relevant queries.

8.2 The pre-bid meeting if applicable shall be held in the office of Tender Inviting Authority, on the
scheduled date & time, if specified in the NIT. The purpose of the pre-bid meeting is to clarify the
issues and to answer the questions on any matter that may be raised at that stage. Non-
attendance at the pre-bid meeting will not be a cause for disqualification of bidder and it shall be
presumed that the bidder does not require any clarification. The management shall circulate
proceedings of the pre-bid meeting, if held.

9. AMENDMENT OF BIDDING DOCUMENTS (BE DELETED FOR NORMAL WORKS, APPLICABLE FOR
 29
INSTRUCTIONS TO BIDDERS
SPECIALISED WORK)

9.1 Before the deadline for submission of Bids, the Employer may modify the bidding documents
by issuing addenda.

9.2 Any addendum thus issued shall be a part of the bidding document and shall be displayed in
the website.

9.3 To give prospective Bidders reasonable time in which to take an addendum into account in
preparing their Bids, the Employer shall extend, as necessary, the deadline for submission of Bids,
in accordance with Sub-clause 18.2 below.

9.4 Bidders are requested to look into website for any addendum as specified in the NIT.

NOTE:-Instructions to bidders shall not incorporate this provision in the Bid for normal civil
engineering works.

10. LANGUAGE OF BID

10.1 All documents relating to the Bid shall be in the English language.

11. Submission of Bid:

a. All the bids are to be submitted online on e-procurement portal of CIL. No bid shall be accepted
offline.

b. In order to submit the Bid, the bidders have to get themselves registered online on the e-
Procurement portal of CIL with valid Digital Signature Certificate (DSC) issued from any agency
authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be traced up
to the chain of trust to the Root Certificate of CCA. The online Registration of the Bidders on the
portal will be free of cost and one time activity only. The registration should be in the name of
bidder, whereas DSC holder may be either bidder himself or his duly authorized person. The
bidder is one whose name will appear as bidder in the e-Procurement Portal.

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

The bidders have to accept unconditionally in GTE (General Technical Evaluation) the Undertaking
regarding Genuineness of the information furnished by him on-line & authenticity of the scanned
copy of documents uploaded by him on-line in support of his eligibility criteria, declaration w.r.t
Make in India order dated 16.09.2020, Bid Security Declaration etc. and Letter of Bid. No recycling
will be done for this document i.e. no further clarification will be sought from bidder.

d. Letter of Bid: The format of Letter of Bid is given at Annexure I of Tender document. This will be
the covering letter of the bidder for his submitted bid. The bidders have to accept unconditionally
the Letter of Bid in GTE (General Technical Evaluation) at the time of bid submission. No recycling
will be done for this document i.e. no further clarification will be sought from bidder.

e. Confirmatory Documents: All the confirmatory documents as enlisted in the NIT in support of
 30
INSTRUCTIONS TO BIDDERS
online information furnished by the bidder are to be uploaded in Cover-I & OID (Other Important
Document, if applicable) by the bidder while submitting the bid online.

f. Price Bid (in Cover-I/Cover-II): The Price bid containing the Bill of Quantity will be in Excel
format (password protected) and will be uploaded during tender creation. This will be
downloaded by the bidder and he will quote the rates for all items on this Excel file. Thereafter,
the bidder will upload the same Excel file during bid submission in Cover-I/Cover-II. The Price-bid
will be in Item Rate/Percentage Rate BOQ format and the bidder will have to quote for all the
tendered items and the L-1 will be decided on overall quoted value. The Price-bids of the
tenderers will have no condition. The Price Bid which is incomplete and not submitted as per
instruction given above will be rejected. Any alteration/modification in the Excel format may lead
to rejection of bid.

12. BID PRICES

12.1 Deleted

12.2 The Bidder shall fill-in rates in the portal for all items/heads/sub-heads of the works described
in the Bill of Quantities (in excel format) and amount(s) / total amount (both in words and figures)
will be automatically calculated in the excel file of the portal as per pre-defined logic of the portal .

12.3 All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if
applicable) only) and other levies, royalty, building and construction workers cess (as applicable in
States) payable by the bidder/Contractor under the Contract, or for any other cause as applicable on
the last date of submission of Bid, shall be included in the rates, prices and the total Bid Price
submitted by the Bidder. Applicable GST, if any, either payable by bidder or by company under
reverse change mechanism shall be computed by system in BOQ sheet as per predefined logic.

All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and plants
etc. as may be attendant upon execution and completion of works shall also be included in the rates,
prices and total Bid price submitted by the bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid
and/or any increase over the rate existing on the last date of submission of Bid shall be reimbursed
by the company on production of documentary evidence in support of payment actually made to
the concerned authorities.

Similarly, if there is any decrease in such duties, taxes and levies the same shall become recoverable
from the contractor. The details of such duties, taxes and other levies along with rates shall be
declared by the bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST
& GST Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by service
availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor) would be
made only on the latter submitting a Bill/invoice in accordance with the provision of relevant GST
Act and the rules made there under and after online filing of valid return on GST portal. Payment of
GST & GST Compensation Cess is responsibility of the service provider/contractor.

Further, any GST credit note required to be issued by the bidder / contractor under the GST
provisions should be issued within the time limit prescribed under the GST law.

However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under

composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST
 31
INSTRUCTIONS TO BIDDERS
and/or GST Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST, if
applicable will be deposited by CIL/Subsidiary directly to concerned authorities in terms with GST
provisions.

Input tax credit is to be availed by CIL/Subsidiary as per rule.

If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital
Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and
services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns under GST,
payment of CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the tax
authorities, issue of proper tax invoice or any other reason whatsoever, the applicable taxes & cess
paid based on such Tax invoice shall be recovered from the current bills or any other dues of the
supplier/vendor along with interest, if any.

Further, where any damages or compensation becomes payable by either the Company or the
bidder / contractor pursuant to any provision of this Agreement, appropriate GST, if applicable, as
per the GST provisions in force shall also apply in addition to such damages or compensation.

Note:
During the execution of the contract if the GST status of the bidder changes, then the payment of
GST, if any, to the contractor will be made as per the GST status declared by the bidder during
tender stage based on which cost to company has been ascertained or at actuals, whichever is
lower.

12.4. The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and
shall not be subject to variations on any account except to the extent variations allowed as per the
conditions of the contract of the bidding document.

13. CURRENCIES OF BID AND PAYMENT

13.1The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees.

14. BID VALIDITY

14.1 Bid shall remain valid for a period not less than 120 days from the end date of bid submission.
A bid valid for a shorter period shall be rejected by the Employer.

14.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders (all the responsive tenderers) may extend the period of validity for a
specified additional period. The request and the bidder's responses shall be made in writing. A
bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request
will not be required or permitted to modify his bid.

15. BID SECURITY/EARNEST MONEY DEPOSIT

15.1 The bidder shall furnish, as part of bid, a Bid Security/Earnest Money of the amount as shown
in e-tender Notice for this particular work. Bid Security/EMD will be required to be deposited in the
form as deliberated below:

The bidder will have to make the payment of EMD through online mode only.

In Online mode the bidder can make payment of EMD either through net-banking from designated
Bank/s or through NEFT/RTGS from any scheduled Bank In case of payment through net-banking the
money will be immediately transferred to CIL/Subsidiary’s designated Account. In case of payment
 32
INSTRUCTIONS TO BIDDERS
through NEFT/RTGS the bidder will have to make payment as per the Challans generated by system
on e-Procurement portal before submission of bid. Bidder will be allowed to submit his/her bid only
when the EMD is successfully received in CIL/Subsidiary account and the information flows from
Bank to e-Procurement system.

Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by Department of
Micro, Small and Medium Enterprises (MSME) will be exempt from the payment of earnest money
(applicable only for Services tenders).

In case of exemption of EMD the scanned copy of document in support of exemption will have to be
uploaded by the bidder during bid submission. However, this option is to be enabled only in those
cases where the exemption of EMD to some bidders is allowed as per NIT.

Demand Drafts/ Banker’s cheque/ NEFT will be acceptable as Earnest Money/ Bid Security for
tenders having estimated value below Rs. 2 lakhs.

15.2. Any bid, which has not been, submitted either with the requisite amount of EMD or the valid
exemption document (as applicable) shall be summarily rejected by the employer as non-
responsive.

15.3 The EMD of rejected bidders will be refunded at any stage directly to the account from where it
had been received (except the cases where EMD is to be forfeited).

15.4 The bid security/EMD, of successful bidder may be retained and adjusted with performance
security/security deposit, at bidder’s option.

15.5 The Bid Security/Earnest Money may be forfeited:

(a) if the Bidder withdraws the Bid after Bid opening during the period of Bid validity/extended
validity with mutual consent;
OR
(b) in the case of a successful Bidder, if the Bidder fails within the specified time limit to:
(i) sign the Agreement; OR
(ii) Furnish the required Performance Security/ Security Deposit.

Additionally, the company shall debar such defaulting contractor from participating in future
tenders in concerned Subsidiary/CIL HQ for a period of minimum one year from the date of issue
of such letter.
In case of JV/Partnership firm, the debarment shall also be applicable to all individual partners of
JV/Partnership firm.

15.6 The Bid Security/ EMD deposited with the Employer will not carry any interest.

15.7 No claim from the bidders will be entertained for non-receipt of the refund in any account
other than the one from where the money is received.

15.8 If the refund of EMD is not received by the bidder in the account from which the EMD has
been made due to any technical reason, then it will be paid through conventional system of e-
payment. For this purpose, bidder should submit E-Mandate form in format provided by
company.

15.9 In case the tender is cancelled then EMD of all the participating bidders will be refunded
unless it is forfeited by the department.
 33
INSTRUCTIONS TO BIDDERS
15.10 If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)
then his/her EMD will be refunded automatically after the opening of tender.

16. SIGNING OF BID

16.1The contractors bid will be digitally signed by DSC holder submitting bid online and it does
not require any physical signature. However, if the Contractor’s bid bears the physical signature in
addition to the digital signature of DSC holder, it will be accepted without questioning the identity
of person singing the bid.

16.2 If the bidder himself is the DSC holder bidding on-line then no document is required.
However, if the DSC holder is bidding online on behalf of the bidder then the Power of Attorney or
any sort of legally acceptable document for the authority to bid on behalf of the bidder is
required.

17. Deleted

18. DEADLINE FOR SUBMISSION OF BIDS

18.1. Bids shall be submitted online on the e-procurement portal of CIL within the stipulated date
and time.

18.2. The employer may extend the deadline for submission of bids by issuing a corrigendum or an
amendment in which case all rights and obligations of the employer and the bidders previously
subject to the original deadline will then be subject to the new deadline.

18.3 If number of bids received online is found to be less than 03(three) on end date of bid
submission then the following critical dates of the Tender will be automatically extended for a
period of 04 (four) days ending at 17.00 hrs::
• Last date of submission of Bid
• Last date of receipt of EMD
• Date of opening of Tender

If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in the e-
Procurement Portal then the same is to be rescheduled to the next working day.

This extension will be also applicable in case of receipt of zero bid.

Notes:
1.The validity period of tender should be decided based on the final end date of submission of bids.
2.The auto extension shall work on the basis of number of bids received only. (It may so happen that
any of these bids may be eventually rejected during Tender Opening, Technical evaluation or further
process of evaluation resulting the total number of valid bids becoming less than three.)
3.After extension, the tender shall be opened irrespective of available number of bids on the
extended date of opening of tender.

19. LATE BIDS

19.1 No Bid shall be received by the e-procurement portal after the deadline or the extended
deadline, as the case may be.

20. MODIFICATION AND WITHDRAWAL OF BIDS

 34
INSTRUCTIONS TO BIDDERS
20.1 For Single Cover System:

20.1.1 Modification of the submitted bid shall be allowed online only before the deadline of
submission of tender and the bidder may modify and resubmit the bid online as many times as he
may wish.

20.1.2 Bidders may withdraw their bids online within the end date of bid submission and their
EMD will be refunded. However, if the bidder once withdraws his bid, he will not be able to
resubmit the bid in that particular tender. For withdrawal of bid after the end date of bid
submission, the bidder will have to make a request in writing to the Tender Inviting Authority.
Withdrawal of bid may be allowed till issue of work order/LOA with the following provision of
penal action:
1. the EMD will be forfeited and
2. the bidder will be debarred for minimum 1(One) year from participating in tenders in
CIL/Subsidiary.

20.1.3 The Price-bid of all eligible bidders including this bidder will be opened and action will
follow as under:
i). If the bidder withdrawing his bid is other than L 1, the tender process shall go on.
ii). If the bidder withdrawing his bid is L-1, then re-tender will be done.

Note: In case of above, a letter will be issued to the bidder by Tender Inviting Authority with the
approval of Tender Accepting Authority (in case Board is Tender Accepting Authority then with the
approval of CMD), stating that the EMD of bidder is forfeited, and this bidder is debarred
for…….year from participating in tenders in CIL/Subsidiary. This letter will be circulated to all Areas
and CIL/Subsidiary HQ. and the updated list will be maintained by all Tender Inviting
Authority/Evaluators.

Penal action against clauses above will be enforced from the date of issue of such order.

20.2 For Two Part System:

20.2.1 Modification of the submitted bid shall be allowed on-line only before the deadline of
submission of tender and the bidder may modify and resubmit the bid on-line as many times as
he may wish.

20.2.2 Bidders may withdraw their bids online within the end date of bid submission and their
EMD will be refunded. However, if the bidder once withdraws his bid, he will not be able to
resubmit the bid in that particular tender. For withdrawal of bid after the end date of bid
submission, the bidder will have to make a request in writing to the Tender Inviting Authority.
Withdrawal of bid may be allowed till issue of work order/LOA with the following provision of
penal action:
a. If the request of withdrawal is received before online notification for opening of price bid, the
EMD will be forfeited and bidder will be debarred for minimum 1 (one) year from participating in
tenders in CIL/Subsidiary. The Price-bid of remaining bidders will be opened and the tender
process shall go on.
b. If the request of withdrawal is received after online notification for opening of price bid, the
EMD will be forfeited and the bidder will be debarred for minimum 1 (one) year from
participating in tenders in CIL/Subsidiary.

20.2.3 The Price-bid of all eligible bidders including this bidder will be opened and action will
follow as under:
i). If the bidder withdrawing his bid is other than L 1, the tender process shall go on.
 35
INSTRUCTIONS TO BIDDERS
ii). If the bidder withdrawing his bid is L-1, then re-tender will be done.

Note:
i). In case of above, a letter will be issued to the bidder by Tender Inviting Authority with the
approval of Tender Accepting Authority (in case Board is Tender Accepting Authority then with the
approval of CMD), stating that the EMD of bidder is forfeited, and this bidder is debarred
for……year from participating in tenders in CIL/Subsidiary. This letter will be circulated to all Areas
and CIL/Subsidiary HQ. and the updated list will be maintained by all Tender Inviting
Authority/Evaluators.
ii). Penal action against clause (a) & (b) above will be enforced from the date of issue of such
order.

*Delete whichever is not applicable

21. BID OPENING

21.1 Tender will be decrypted and opened online by the “Bid Openers” with their Digital Signature
Certificates on the prescheduled date & time of Tender Opening.

22. PROCESS TO BE CONFIDENTIAL

22.1 Information relating to the examination, clarification, evaluation and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other
persons not officially concerned with such process until the award to the successful Bidder has
been announced. However, the Tender Status will be in public domain and anyone visiting the site
can view it by identifying the tender.

It will be the bidder’s responsibility to check the status of their Bid online regularly, after the
opening of bid till award of contract. Additionally, information shall also be sent by system
generated e-mail and SMS at nodal points (Date of bid opening, Requisition for Clarification on
Confirmatory document from bidder(s), award of work etc.). No separate communication will be
required in this regard. Non-receipt of e-mail and SMS will not be accepted as a reason of non-
submission of Confirmatory documents within prescribed time.

22.2 Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may
result in the rejection of his Bid.

22.3 From the time of bid opening to the time of contract award, no bidder shall contact the
Procuring Entity on any matter related to the bid, except on request and prior written permission.

23. CLARIFICATION OF BIDS

23.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at the
Employer's discretion, ask any Bidder for clarification of the Bidder's Bid, including breakdowns of
unit rates, except recycling of uploaded documents of the bidder during submission of bid as
detailed above in the e-tender Notice. The request for clarification and the response shall be in
writing. To assist in the examination, evaluation, and comparison of Bids, the Employer may, ask
any Bidder for clarification of the Bidder's Bid, including breakup of unit rates, except recycling of
uploaded documents of the bidder during submission of bid as detailed above in the e-tender
Notice.. The request for clarification and the response shall be in online mode.

23.3 No document presented by the bidder after closing date and time of submission of bid will
 36
INSTRUCTIONS TO BIDDERS
be considered unless otherwise called for.

24. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

24.1 Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:
a. meets the eligibility criteria defined in Clause 3;
b. has been properly signed;
c. is accompanied by the required Bid security/ EMD Exemption Document (if applicable).
d. is substantially responsive to the requirements of the Bidding documents.

24.2 A substantially responsive Bid is one which conforms to all the terms, conditions, and
specifications of the Bidding documents without material deviation or reservation. A material
deviation or reservation is one :

a. which affects in any substantial way the scope, quality, or performance of the works:
b. which limits in any substantial way, inconsistent with the Bidding documents, the Employer's
rights or the Bidder's obligations under the Contract; or
c. whose rectification would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.

24.3 If a Bid is not substantially responsive, it may be rejected by the Employer at its sole
discretion.

25. Deleted

26. EVALUATION AND COMPARISON OF BIDS.

26.1 The Employer will evaluate and compare only the Bids determined to be substantially
responsive in accordance with Clause 24. Price bid of the bidder will have no condition.
The price bid which is incomplete and not submitted as per instruction given in the bid document
will be rejected.

26.2 The evaluation of Bid, by the Employer shall be done as per Bid Prices as submitted by the
Bidder in online Mode and subsequently downloaded from the e-procurement portal of CIL.

26.3 The Employer reserves the right to accept or reject any Bid not conforming to the
requirements of the Bidding documents.

26.4 No document presented by the bidder, after closing date and time of bid, will be taken into
account by the evaluation committee unless otherwise called for as mentioned under Clause 23.1.
This however, will have no bearing with the price quoted in the price bid. If a bidder offers a
rebate unilaterally after the end date and time of the bid submission, it will not be taken into
account for evaluation purpose by the tender committee. But if that bidder emerges as the lowest
evaluated, the rebate offer will be taken into account for determination of the total offer.

26.5 Bid evaluation shall be done after taking into consideration overall quoted price by the
bidder and effect of Goods and Services tax (GST), GST Compensation Cess etc. as applicable. L1
will be decided based on cost to the company.

26.6 If the bid of the successful bidder is seriously unbalanced in relation to the estimate of the
cost of work to be performed under the contract, the company may require the bidder to produce
detailed price analysis for any or all items of the Bill of quantities to demonstrate the internal
consistency of these prices with the construction method and the schedule proposed.
 37
INSTRUCTIONS TO BIDDERS

27. ABNORMALLY HIGH RATE & ABNORMALLY LOW RATE ITEMS.

PROVISIONS FOR DEALING WITH VARIATIONS IN RESPECT OF ABNORMALLY HIGH RATE AND
ABNORMALLY LOW RATE ITEMS.

The abnormally high rate items are those whose quoted rates are more than 20% of the justified
rates decided by the owner.

The abnormally low rate items are those whose quoted rates are less than 20% of the justified rates
decided by the owner.

In case of Item Rate Tenders, the revision of rates for (i) abnormally high rate items and (ii)
abnormally low rate items, shall become operative under the following circumstances: -

For increase in quantity of more than 25% in respect of works executed below plinth level and 10%
in respect of works executed above plinth level.

Quantity variation beyond the limit mentioned above shall be dealt by arriving at new rate based on
prevalent market rate of materials and labour analyzed as per standard analysis of rate of
CPWD/NBO. Payment of extra quantity over the permitted quantity as explained above would be
made on the basis of the new analyzed rate.

The variation in quantity of abnormally low rate items for item rate tenders shall not be permitted
below 25% for the items below plinth level and below 10% for the items above plinth level of the
agreement schedule quantity, but in exceptional cases with written consent of Engineer-in-Charge
arising out of technical necessity.

The above provisions shall be applicable for item rate tenders only and not applicable for
percentage rate tenders for works based on standard schedule of rates of the company.

For the purpose of operation, the following works shall be treated as works related to foundation,
unless otherwise defined in the contract:

a) For Buildings: All works up to 1.2 meters above ground level or up to floor 1 level whichever is
lower.
b) For abutments, piers and well steining: All works up to 1.2m above the bed level.
c) For retaining walls, wing walls, compound walls, chimneys, overhead reservoirs / tanks and other
elevated structures: all works up to 1.2 meters above the ground level.
d) For reservoirs / tanks (other than overhead reservoirs / tanks): All works up to 1.2 meters above
the ground level.
e) For basement: all works up to 1.2m above ground level or up to floor 1 level whichever is lower.
f) For Roads, all items of excavation and filling including treatment of sub base.

28. AWARD CRITERIA

28.1 Subject to Clause No. 29, the Employer will award the Contract to the Bidder whose Bid has
been determined to be substantially responsive to the Bidding documents and who has offered the
lowest evaluated acceptable Bid Price, provided that such Bidder has been determined to be:
a) Eligible in accordance with the provisions of Clause 2; and
b) Qualified in accordance with the provisions of Clause 3.

29. EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO REJECT ANY OR ALL BIDS
 38
INSTRUCTIONS TO BIDDERS

29.1 Notwithstanding Clause No. 28, the Employer reserves the right to accept, negotiate or
reject any Bid, and to cancel the bidding process and reject all Bids, at any time prior to the award
of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any
obligation to inform the affected Bidder or Bidders of the grounds for the Employer's action.

30. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT

30.1 The Bidder, whose Bid has been accepted, will be notified /communicated by the Employer
electronically online on the e-procurement portal of CIL prior to expiration of the Bid validity period.
This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state
the sum that the Employer will pay the Contractor in consideration of the execution and completion
of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called
"the Contract Price").
The offline communication of LOA shall not be mandatory.

30.2 The notification of award (LOA/Work Order) will constitute the formation of the Contract.

The works should be completed as per period specified in the NIT from the Date of Commencement
as defined in Clause 6.0 of General Terms and Condition.

30.3 The Agreement will incorporate all agreements between the Employer and the successful
Bidder, work programme etc. within 30 (thirty) days following the notification of award along with
the letter of Acceptance and/or Work Order issued by department.

In case of failure to enter in to agreement within specified period or extended period on the written
request of the bidder, if any, the department will take action as prescribed in Guidelines on
Debarment of firms from Bidding along with forfeiture of Earnest Money. The bidder will also be
debarred from participating in re-tender.

No payment for the work shall be made before execution of this agreement.

30.4 In the bidding process, the cause of rejection of Bid of any bidder shall be intimated to non-
qualified bidder online and the Earnest Money shall be refunded to unsuccessful bidders as per
relevant clauses.

30.5 The contractor shall enter into and execute contract agreement in the prescribed form on non-
judicial stamp paper in accordance with the relevant law of the State/Union of India. The cost of the
stamp papers for the contract agreement shall be borne by the contractor. Two sets of contract
document/agreements shall be prepared and signed by both the parties. One of the sets shall be
stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the contractor
free of cost and the original is to be retained by the company. For additional copy, cost to be
charged.
All additional copies should be certified by the Engineer-in-Charge.

The contractor shall keep copy of these documents on the site/place of work in proper manner so
that these are available for inspection at all reasonable times by the Engineer-in-charge, his
representatives or any other officials authorized by the company for the purpose.

The contract document shall not be used by the contractor for any purpose other than this
contract and the contractor shall ensure that all persons employed for this contract strictly adhere
to this and maintain secrecy, as required of such documents. Until the formal agreement is signed
between the Owner and Contractor, LOA/Work Order together with Contract Document accepted
 39
INSTRUCTIONS TO BIDDERS
by the bidder (i.e., bid/ tender/ proposal/ offer) shall constitute the contract.

31. PERFORMANCE SECURITY/SECURITY DEPOSIT

31.1 Security Deposit shall consist of two parts:

a. Performance Security to be submitted at award of work and
b. Retention Money to be recovered from running bills.

The security deposit shall bear no interest.

For details refer Clause No.4 of General Terms and Conditions of Conditions of Contract.

32. EMPLOYMENT OF LABOUR

32.1 Contractors are to employ, to the extent possible (as per policy decision of the company valid
from time to time), local project affected people and pay wages not less than the minimum wages as
per minimum Wages Act or such other legislations or award of the minimum wage fixed by
respective State Govt. or Central Govt. as may be in force.

Payment of Provident Fund for the workmen employed by him for the work as per the Law
prevailing under provision of CMPF/EPF and allied scheme valid from time to time shall be
responsibility of the contractor.

The contractor needs to ensure that the employee has become a member of any of the provident
fund as the case may be and the unique membership number of the CMPF/EPF or Allied Scheme
needs to be submitted to Employer.

In addition to the above, the Contractor shall provide a copy of the updated passbook having entry
made in the CMPF/EPF or Allied Scheme(s) of Provident fund as the case may by the competent
authority annually /as and when asked. Bidder shall also submit copies of statutory returns.

Payable statutory payments like PF & ESI contributions paid to the contract workers as applicable
shall be reimbursed to the contractor on production of proof of payment limited to the maximum
likely number of workmen to be deployed as indicated in the tender document. Such payments shall
be made on quarterly basis and shall not be included in the Contract Value.

Note: The above clause regarding reimbursement of PF & ESI contributions on quarterly basis by
WCL shall not override any provisions of law relating to the respective laws for timely statutory
payment by the contractor.

32.2 The bidder shall also comply with statutory requirements of various acts including CL(R&A) Act.

32.3 The contractor’s workmen shall be paid through Bank.

32.4 The contractors shall register themselves on the Contract Labour Payment Management Portal
(CLPMP) of CIL within 30 days of issue of work order and will have to enter and update periodically
the following details in the portal:
a. Work Order details
b. Details of Contractor workers and payment of wages in respect of each Work Order each month.

32.5 All the contract workers shall be covered with the Bio-metric attendance system for payment of
wages.

NOTE: In case company decides/ circulates separate wages for underground works / for works within
 40
INSTRUCTIONS TO BIDDERS
mine premises, the same may be allowed based on appropriate circular. Clause 32.1 shall stand
amended to this extent before notification of bid

33. LEGAL JURISDICTION

33.1 Matter relating to any dispute or difference arising out of this bid and subsequent contract
awarded based on the bid shall be subject to the jurisdiction of local court only where the subject
work is to be executed.

34. DOWNLOADING BID DOCUMENT FROM WEB-SITE.

i) The bidders will download the Bid documents from the website. The company shall not be
responsible for any delay/ difficulties/ inaccessibility of the downloading facility for any reason
whatsoever. The downloading facility shall be available as soon as the bid is notified.

ii) The bid document as available online on the e-procurement of CIL shall always prevail and will be
binding on the Bidders. Any claim on account of any deviation with respect to this online Bid
document from the Bidder side shall not be entertained.

35. E-PAYMENT

Successful bidders/ Bidders are required to submit an Authorization form duly signed for e-payment
to them in the enclosed Annexure.

36. CHANGES IN FIRMS CONSTITUTION TO BE INTIMATED

Prior approval in writing of the Company shall be obtained before any change is made in the
constitution of the contracting agency. If prior approval is not obtained the same will be treated as a
breach of contract.

37. MISCELLANEOUS

The bidders should fill the bid document properly and carefully. They should avoid quoting absurd
rates. Throughout the bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives are
synonymous. Provisions related to instructions to bidder shall be a part of agreement.
 41

CONDITIONS OF CONTRACT

GENERAL TERMS AND CONDITIONS

1. Definitions

i) The word "Employer" or "Company” or “Owner” wherever occurs in the conditions, means the
Western Coalfields Limited (Subsidiary) represented at Head Quarters of the Company by the
General Manager (Civil) or his authorized representatives or any other officer specially deputed for
the purpose who will employ the contractor.

ii) The word" Principal Employer" wherever occurs, means the officer nominated by the Company to
function on its behalf.

iii) "Bid" (including the term ‘tender’, ‘offer’, ‘quotation’ or ‘proposal’ in certain contexts) means an
offer to supply goods, services or execution of works made in accordance with the terms and
conditions set out in a document inviting such offers.

iv) "Bidder" (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts)
means any eligible person or firm or company, including a Joint Venture (that is an association of
several persons, or firms or companies), participating in a procurement process with a Procuring
Entity.

v) "Bid security" (including the term ‘Earnest Money Deposit’(EMD), in certain contexts) means a
security from a bidder securing obligations resulting from a prospective contract award with the
intention to avoid: the withdrawal or modification of an offer within the validity of the bid, after the
deadline for submission of such documents; failure to sign the contract or failure to provide the
required security for the performance of the contract after an offer has been accepted; or failure to
comply with any other condition precedent to signing the contract specified in the tender
documents.

vi) “Class-I local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for ‘Class-I local supplier’
under the Public Procurement (Preference to Make in India), Order 2017.

vii) “Class-II local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for ‘Class-II local supplier’
but less than that prescribed for ‘Class-I local supplier’ under the Public Procurement (Preference to
Make in India), Order 2017.

viii) “Local Content” means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be 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, in percent.

ix) “Non-Local supplier” means a supplier or service provider, whose goods, services or works offered
for procurement, has local content less than that prescribed for ‘Class-II local supplier’ under the
Public Procurement (Preference to Make in India), Order 2017.

x) "Notice inviting tenders" (including the term ‘Invitation to bid’ or ‘request for proposals’ in certain
contexts) means a document and any amendment thereto published or notified by the Procuring
Entity, which informs the potential bidders that it intends to procure goods, services and/or works.

xi) "Prospective bidder" means anyone likely or desirous to be a bidder.

 42
CONDITIONS OF CONTRACT
xii) "Procurement contract" (including the terms ‘Purchase Order’ or ‘Supply Order’ or ‘Withdrawal
Order’ or ‘Work Order’ or ‘Consultancy Contract’ or ‘Contract for other services’ under certain
contexts), means an agreement relating to the subject matter of procurement, entered into between
the Procuring Entity and the supplier, service provider or contractor on mutually acceptable terms
and conditions and which are in compliance with all the relevant provisions of the laws of the
country. The term “contract” will also include “rate contract’ and “framework contract”.
The agreement shall include the notice inviting tender, the tender/bid as accepted by the company,
the work order issued to the contractor, and the formal contract agreement executed between the
company and the contractor together with the documents referred to therein including general
terms and conditions, special conditions, if any, frozen terms and conditions/technical
parameters/scope of work and revised offer, if any, specifications, drawings, including those to be
submitted during progress of work, schedule of quantities with rates and amounts.

Until the formal agreement is signed between the Owner and contractor, LOA/Work order together
with contract document accepted by the bidder (i.e., bid/ tender/ proposal/ offer) shall constitute
the contract.

xiii)The word "Contractor/ Contractors" wherever occurs means the successful bidder /bidders who
has/have deposited the necessary Earnest money and has/have been given written intimation about
the acceptance of tender and shall include legal representative of such individual or persons
composing a firm or a company or the successors and permitted assignees of such individual, firm or
Company, as the case may be and any constitutional, or otherwise change of which shall have prior
approval of the employer.

xiv) "Site" means the land and places including any building and erection thereon, over, under, in or
through which the Permanent works or Temporary works designed by the Engineer-in-Charge are to
be executed and any other lands and places provided by the Employer for working space or any other
purpose as may be specifically designated in the Contract as forming part of the site.

xv) The term "Sub-Contractor" as employed herein, includes those having a direct contract with
Contractor either on piece rate, item rate, time rate or any other basis and it includes one who
furnishes work to a special design according to the plans or specifications of this work but does not
include one who merely supplies materials.

xvi) "Accepting Authority" shall mean the management of the company and includes an authorized
representative of the company or any other person or body of persons empowered on its behalf by
the company.

xvii) "Engineer-in-charge" shall mean the officer nominated by the company in the Civil Engineering
cadre/ discipline who is competent to direct supervisors and authorised to be in charge of the works
for the purpose of this contract. The Engineer-in-Charge/Designated Officer in Charge, who is of an
appropriate seniority, will be responsible for supervising and administering the contract, certifying
payments due to the contractor, valuing variations to the contract, awarding extension of time and
valuing compensation events. The Engineer-in-Charge/Designated Officer in Charge may further
appoint his representatives i.e. another person/Project Manager or any other competent person and
notify to the contractor who is directly responsible for supervising the work being executed at the
site, on his behalf under their Delegation of Powers of the company. However, overall responsibility,
as far as the contract is concerned, will be that of the Engineer-in-Charge/Designated Officer in
Charge.

xviii) A "Day" shall mean a day of 24 hours from midnight to midnight.

xix) The "Work" shall mean the works required to be executed in accordance with the contract/work
 43
CONDITIONS OF CONTRACT
order or parts thereof as the case may be and shall include all extra or additional, altered or
substituted works or any work of emergent nature, which in the opinion of the Engineer-in-charge,
become necessary during the progress of the works to obviate any risk or accident or failure or
become necessary for security.

xx) "Schedule of Rates” referred to in this condition shall mean the standard schedule of rates
prescribed by the company and the amendments issued from time to time.

xxi) "Contract amount" shall mean:

a) In the case of turnkey / lump sum contracts the total sum for which tender is accepted by the
company.
b) In the case of other types of contracts the total sum arrived at based on the individual
rate(s)/percentage rate(s)quoted by the tenderer for the various items shown in the Schedule of
Quantities" of the tender document as accepted by the Company with or without any alteration as
the case may be.

xxii) "Written notice" shall mean a notice or communication in writing and shall be deemed to have
been duly served if delivered in person to the individual or to a member of the contractors firm or to
an office of the company for whom it is intended, or if delivered at or sent by registered mail/e-mail
to the last business address known to him who gives the notice.

xxii) "The constructional plant" means all appliances, tools, plants or machinery of whatsoever
nature required in or about the execution, completion or maintenance of the works but does not
include materials or other things intended to form part of the permanent work.

xxiv) "Letter of Acceptance of Tender" means letter giving intimation to the tenderer that his tender
has been accepted in accordance with the provisions contained in that letter.

xxv) "Department" means the Civil Engineering Department of Coal India Limited or any of its
subsidiary companies/units represented by the appropriate authority.

xxvi) "Act of insolvency" means as it is designed by Presidency Town Insolvency Act or Provincial
Insolvency Act or any act amending such originals.

xxvii) The words indicating the singular only also include the plural and vice-versa where the context
so requires.

xxviii) "Drawings"/"Plans" shall mean all drawings furnished by the owner with the bid document,
if any, as a basis for proposals,
a) working drawings furnished by the Owner after issue of letter of acceptance of the tender to
start the work,
b) subsequent working drawings furnished by the owner in phases during progress of the work,
and
c) drawings, if any, submitted by the contractor as per provision of the contract and duly
approved by the owner.

xxix) "Codes" shall mean the following, including the latest amendments, and/or replacements, if
any:
a) Bureau of Indian Standards relevant to the works under the contract and their specifications.
b) Indian Electricity Act and Rules and Regulations made there under.
c) Indian Mines Act and Rules and Regulations made there under.
d) Any other Act, rule and regulations applicable for employment of labour, safety provisions,
payment of provident fund and compensation, insurance etc.
 44
CONDITIONS OF CONTRACT

2. Contract Documents and Miscellaneous Provisions:

The following documents shall constitute the contract documents:
i) Articles of Agreement.
ii) Letter of Acceptance of Bid/ Work Order indicating deviation, if any, from the conditions of
contract incorporated in the tender document issued to the bidder.
iii) Notice Inviting Tender and Instructions to Bidders.
iv) Conditions of Contract including General Terms & Conditions of contract, Additional Terms
& Conditions, Special Terms & Conditions, and Commercial Terms & Conditions etc.- as
applicable.
v) Frozen terms & conditions / technical parameters and revised offer, if any.
vi) Specifications/scope of Work, if any.
vii) Schedule of quantities (or Bill of Quantities) along with accepted rate.
viii) Contract drawings and work programme.
ix) Safety Code etc. forming part of the tender,
x) Integrity Pact (If applicable).
xi) Guidelines on Debarment of firms from Bidding
xii) Code of Integrity for Public Procurement (CIPP).
xiii) Any other document if required.

2.1 The contractor shall enter into and execute contract agreement in the prescribed form. The cost
of the stamp papers for the contract agreement shall be borne by the contractor. Two sets of
contract document/agreements shall be prepared and signed by both the parties One of the sets
shall be stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the
contractor free of cost and the original is to be retained by the company. For additional copy, cost to
be charged.

All additional copies should be certified by the Engineer-in-Charge.

The contractor shall keep copy of these documents on the site/place of work in proper manner so
that these are available for inspection at all reasonable times by the Engineer-in-charge, his
representatives or any other officials authorized by the company for the purpose.

2.2 The contract document shall not be used by the contractor for any purpose other than this
contract and the contractor shall ensure that all persons employed for this contract strictly adhere
to this and maintain secrecy, as required of such documents.

2.3 The local Court, where the subject work is to be executed shall have exclusive jurisdiction in all
matter arising under this contract.

2.4 The Contract Agreement will specify major items of supply or services for which the contractor
proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose any
addition or deletion from any such list and will submit proposals in this regard to the Engineer-in–
Charge / Designated Officer in charge for approval well in advance so as not to impede the progress
of work. Such approval of the Engineer-in-Charge / Designated Officer in Charge will not relieve the
contractor from any of his obligations, duties and responsibilities under the contract. The total value
of subcontracted work should not exceed 25% of the contract price specified in the contract.
Procurement of material, hiring of equipment or engagement of labour will not mean sub-
contracting.

2.5 Acceptance of Offer:

“Letter of Acceptance”- is an acceptance of offer by the company. It shall be communicated

electronically through e-procurement portal of CIL to the successful bidder and shall make the
 45
CONDITIONS OF CONTRACT
binding Contract with the Company.

Simultaneously the original copy of LOA may also be sent to the Bidder through registered/speed
post. The offline communication of LOA, shall not be mandatory.
3. Discrepancies in contract documents & Adjustments thereof

The documents forming part of the contract are to be treated as mutually explanatory of one
another and in case of discrepancy between schedule of quantity, the specifications and/or
drawing, the following order of preference shall be observed;

a) Description in Bill of Quantities of work.

b) Particular specification and special conditions, if any
c) Drawings.
d) General specifications.
e) BIS Specifications.

3.1 In the event of varying or conflicting provision in any of the document(s) forming part of the
contract, the Accepting Authority's decision/clarification shall hold good with regard to the intention
of the document or contract as the case may be.

3.2 Any error in description, quantity or rate in Bill of Quantities or any omission there from, shall not
vitiate the contract or release the contractor from discharging his obligations under the contract
including execution of work according to the Drawings and Specifications forming part of the
particular contract document.

4.00 Security Deposit:

4.1 Security Deposit shall consist of two parts;

a) Performance Security to be submitted at award of work and
b) Retention Money to be recovered from running bills.
The security deposit shall bear no interest.

4.2 Performance Security should be 5 % of contract amount and should be submitted within 21
days of issuance of LOA by the successful bidder in any of the form given below:

• Payment through NEFT/RTGS in the designated account of CIL/Subsidiary as indicated in the

LOA/WO
 a Bank Guarantee in the form given in the bid document from any Scheduled Commercial
bank (i.e. Indian or Foreign Banks included in the Second Schedule of Reserve Bank of India
Act, 1934 excluding Co-operative banks or Regional Rural Banks). The BG issued by outstation
bank shall be operative at its local branch at Nagpur or branch at Kolkata.
Bank Guarantee against Performance Security shall be applicable if the amount of
Performance Security exceeds Rs. 5.0 lakhs.
• Govt. Securities, FDR or any other form of deposit stipulated by the owner and duly pledged in
favour of owner.

The Earnest Money/ Bid Security deposited shall be discharged when the Bidder has signed the
Agreement and furnished the required Performance Security/ 1st part of security deposit.

The bid security deposited may be adjusted against the Performance security (1st part of security
deposit) at bidder’s option.

If performance security is provided by the successful bidder in the form of bank guarantee it shall be
 46
CONDITIONS OF CONTRACT
issued either –
(a) at Bidder’s option by a Scheduled Commercial Bank, or
(b) by a foreign bank located in India and acceptable to the employer.

BG of scheduled commercial bank located in India and acceptable to the company should only be
accepted. Thus, any BG issued by foreign bank from outside India shall not be accepted.

The validity of the Bank Guarantee shall be for a period of one year or ninety days beyond the period
of contract /extended contract period (if any), whichever is more.

The BG (If performance security is provided by the successful bidder in the form of bank guarantee)
issued by issuing bank on behalf of the bidder in favour of “___________,” shall be in paper form
(Stamp Paper) as well as issued under “Structured Financial Messaging System”. Issuing Bank
should send the underlying confirmation message in IFN760COV or IFN767COV message type for
getting the BG advised through our bank. Also issuing bank should mention “_________” in field
no. “7037” of IFN760COV or IFN767COV. The message will be sent to the beneficiary bank through
SFMS. The details of beneficiary Bank for issue of BG through SFMS Platform is furnished below:-

Name of Bank: ICICI Bank Limited

Branch: Civil Lines, Nagpur
IFSC Code: ICIC000059
Account No.: 005905018053
Customer ID: 556096497

Original copy of the Bank Guarantee issued by the Issuing Bank shall be sent by the issuing bank to
Civil Engineering Division of Western Coalfields Limited.

In case the successful bidder fails to submit the Performance Security, within the stipulated time
then the award of work may be cancelled with forfeiture of the bid security/earnest money.

Additionally, the company shall debar such defaulting contractor from participating in future tenders
in concerned Subsidiary/CIL HQ for a period of minimum one year from the date of issue of such
letter.

When validity of BG is about to expire, the contractor has to extend the validity of BG, if required. If
the validity of BG is not extended before 03 days of its expiry, then CIL/ Subsidiary shall be at liberty
to encash the BG.

In case of a JV, the Performance Security can be submitted by the Joint Venture / one or more
partners of the joint venture.

In case of JV/Partnership firm, the debarment shall also be applicable to all individual partners of
JV/Partnership firm.

Submission of Performance Security is not required for tenders having Estimated Value put to tender
upto Rs. 2.00 lakhs (incl. GST). In this case, EMD of successful bidder shall be released within 14 days
of the issue of defect liability certificate (taking over certificate with a list of defects).

4.3 5% Performance Security should be refunded within 14 days of the issue of defect liability
certificate (taking over certificate with a list of defects).

4.4 All running on account bills shall be paid at 95% (ninety-five percent) of work value. The balance
 47
CONDITIONS OF CONTRACT
5% shall be treated as retention money and will be second part of security deposit.

Retention Money may be refunded against equivalent Bank Guarantee, on written request of the
contractor, on its accumulation to a minimum amount of Rs 25 lakhs subject to the condition that
amount of any Bank Guarantee except last one, shall not be less Rs. 25 lakhs.

However, Bank Guarantee against retention money shall be with suitable validity based on nature of
work which shall be 90 days beyond the defect liability period, but in no case less than the period of
one year.

Bank Guarantee is to be submitted in the format prescribed by the company. Bank Guarantee shall be
irrevocable and will be from Scheduled Commercial Banks as elaborated at Clause 4.2.

4.5 Retention Money should be refunded after issue of No Defect Certificate.

4.6 The Company shall be at liberty to deduct/appropriate from the security deposit such sums as
are due and payable by the contractor to the company as may be determined in terms of the
contract, and the amount appropriated from the security deposit shall have to be restored by further
deduction from the contractors subsequent on account running bills, if any.

4.7 REFUND OF SECURITY DEPOSIT: The refund of security deposit shall be subject to company's right
to deduct/ appropriate its due against the contractor under this contract or under any other contract.

On completion of the entire work and issue of defect liability certificate (taking over certificate with a
list of defects) by the Engineer-in-charge, one half of the security deposit remaining with the
company (Performance Security) shall be refunded as elaborated at Clause 4.3.

The other half (Retention Money) shall be refunded to the contractor after issue of No Defect
Certificate by the Engineer-in-Charge on the expiry of Defect Liability Period of six months, subject to
the following conditions:

a) Any defect/defects in the work, if detected after issue of defect liability certificate (Taking over
certificate with list of defects) is/are rectified to the satisfaction of the Engineer-in-Charge within the
said defect liability period of six months or on its due extension till completion of the rectification
works as required.

b) In the case of building work or other work of similar nature, the refund shall be made on the
expiry of the said six months period or at the end of one full monsoon period i.e. June to September,
whichever is later in point of time and any defects such as leakages in roof, effloresces in walls,
dampness, defects in drainage etc. should be rectified to the satisfaction of Engineer-in-Charge.

NB: In case of Maintenance contracts, that ends with successful completion of work, where question
of Defect Liability Period does not arise (e.g. sweeping / cleaning, horticulture, tank cleaning, jungle
cutting, grass cutting, surface dressing etc.), the performance security and retention money (second
part of bid security) can be released simultaneously after completion of work and taking over by
department.

4.8 Consideration of Abnormally Low Bids

In case of Abnormally Low Bid, the CIL/Subsidiary may in such cases seek written clarifications from
the lowest bidder(s), including detailed price analyses of its bid price in relation to scope, schedule,
allocation of risks and responsibilities, and any other requirements of the bid documents.

If, after evaluation the price analysis, the CIL/Subsidiary determines that the bidder(s) has
substantially failed to demonstrate its capability to deliver the contract at the offered price, CIL/
 48
CONDITIONS OF CONTRACT
Subsidiary may reject the bid/ proposal.

However, it has been provided that in case of compelling circumstances where to ask for Additional
Security Deposit Bank Guarantee (BG) in case of ALBs, the same should be taken only with the
approval of the next higher authority to the authority competent to finalize the tender.

4.9 Refund of Security Deposit regarding Specialized Item of Works (shall be applicable only when
relevant item exists in the contract and shall be for 10% of value of such items in the contract or for
10% of value of contract with such specialized items only).

a) For some specialized items of work such as anti-termite treatment, waterproofing work, kiln
seasoned and chemically treated wooden shutters, or any other item of work deemed as such
‘specialized’ by Engineer-in-Charge that are entrusted to specialized firms or contractors who
associate specialized agencies, the contractor / firm executing the work should be asked to give a
specific guarantee that they shall be responsible for removal of any defects cropping up in these
works executed by them during the guarantee period. The form of the guarantee to be executed by
the contractors shall be as enclosed.

b) 10% security deposit (performance security and retention money) deposited / deducted from the
bills of the contractors, relevant to the item(s), shall be refunded to him after expiry of Guarantee
period. The security amount relevant to the item(s) of work, may be released after 12 months of
completion of work against equivalent BG and furnishing Guarantee as at (a) above.

4.10 Refund of security deposit for contracts with supply installation and commissioning of
equipment i.e. with Mechanical & Electrical Works (shall be applicable only when relevant item
exists in the contract)

For some specialized contracts like Pump house, Intake well etc. there may be Civil works as well as
Mechanical and Electrical works. For such works 10% as security deposit (performance security and
retention money)- deposited / deducted from the bills of the contractors shall be refunded to him
after expiry of guarantee period, which will be one year from the date of commissioning of
equipment/ completion of work and/or rectification of any defect which may be detected in the
individual equipment for the whole system under the contract, whichever is later.

In addition, all types of manufacturers guarantee/warranty wherever applicable are to be issued/

revalidated in the name of the owner by the contractual agency and will be covered with relevant
counter guarantee.
Bank guarantees furnished against Performance Security and Retention Money shall be validated for
a period 90 days beyond the guarantee period.

5. Deviations/Variations in Quantities and Pricing.

The quantities given in the “Schedule of Quantities" are based on estimates and are meant to
indicate the extent of the work and to provide a uniform basis for tendering and any variation either
by addition or omission shall not vitiate the contract.

The variation register may be maintained in SAP in electronic form to have a proper control over
variations.

5.1 The company through its Engineer-in-Charge or his representative shall, without radically
changing the original scope and nature of the work, under contract, have power to make any
alterations in or additions to or substitution of the original specifications, drawings, designs and
instructions that may appear to be necessary or advisable during the progress of the work.
 49
CONDITIONS OF CONTRACT

The contractor shall be bound to carry out the work(s) in accordance with the instructions given to
him in writing by the Engineer-in-Charge or his representative on behalf of the company. Such altered
or additional or substituted work, which shall form part of the original contract, shall be carried out
by the contractor on the same terms and conditions in all respects on which they agreed to do the
main work and at the same rate/rates as are specified in the contract/ work-order. In case there are
changes in ground levels from those shown in the approved drawings, they shall be agreed in writing,
jointly by the contractor and EIC.

5.2 The right is reserved to cancel any items of work included in the contract agreement or portion
thereof in any stage of execution if found necessary to the work and such omission shall not be a
waiver of any condition of the contract nor invalidate any of the provisions thereof.

5.3 If the additional, altered or substituted work includes any class of work for which rate/rates is/are
not specified in the contract/work order, rates for such items shall be determined by the Engineer-in-
Charge as follows:
a) In the case of percentage tenders, if the rate for the extra item of work executed is available in the
company's approved SOR, it will be paid at the schedule rate plus or minus the accepted percentage
as per contract.

However, if the extra item is not available in company’s approved SOR, then the rate for such extra
item(s) shall be dealt as at (c) below.

b) In case of item rate tenders, the rate for extra item shall be derived from the rate for similar item
or near similar item / class of work available in the agreement schedule of work or by analysis of
rates as at below and the lower rate out of the above two shall be considered.

In case of composite item rate tenders, where two or more schedule of quantities for similar item
description may form part of the contract, the applicable rates shall be taken from the Schedule of
Quantities of that particular part in which the deviation is involved, failing that at the lowest
applicable rate for the similar item of work in the other schedule of quantities.
For derivation of rates based on analysis, the same shall be done by analysis on prevalent market rate
of materials and labour based on standard norms of analysis of rate of C.P.W.D/ N.B.O.

c) In the case of extra item(s) that are completely new, and are in addition to the items contained in
the contract, the contractor may within 15 days of receipt of order or occurrence of the item(s) claim
rates, supported by proper analysis. The Engineer-in-Charge shall determine the rate(s) by analysis
based on prevalent market rate of material and labour and on standard norms of analysis of rate of
CPWD / NBO.

d) In case of combined tender with partly item rate for non-schedule items & partly percentage
tenders for SOR items, the rate for extra item shall be derived as at (b) & (c) above in case of non-
schedule items rates and in case of percentage rates for SOR items the rate for extra item shall be
derived as at (a) above.

In case of any difference between the contractor and the Engineer-In Charge as to the fixation of
rates, the matter shall be referred to the accepting authority of the company i.e. GM(C) of the
company or Staff Officer(C) for the work awarded at Company Hqrs. level and Area level respectively,
whose decision shall be final and binding on the contractor.

5.4 Alteration in the quantities shall not be considered as a change in the condition of the contract
nor invalidate any of the provision thereof provided that a deviation estimate / revised
estimate/supplementary agreement for the item(s) involved is made. Such approval shall be from
 50
CONDITIONS OF CONTRACT
appropriate authority.

5.5 Payment for such deviated items [additional/ altered / substituted items of work of the
agreement schedule] shall be made in the contractors running on account bills, till the revised
estimate / deviation estimate regularizing these items are sanctioned by the competent authority of
the company, at the provisional rates and shall not exceed:

a) 75% of the rate recommended by the Engineer-in-Charge to the accepting authority of the
company i.e. GM(C) of the company or SO(C) of the Area, if the rate is directly available in the SOR of
the company/ if the rate is derived from available rate of BOQ.

b) 50% of the rate recommended by the Engineer-in-Charge to the accepting authority of the
company, i.e. GM(C) of the company or SO(C) of the Area, if it is analysed item rates based on
prevalent market rates of materials and labour following CPWD / NBO norms.

Total payment for such extra items of work shall not exceed 10% of work order / agreement
value/approved deviation estimate value. Also total payment including extra items of work shall not
exceed the work order / agreement / approved deviation estimate value.

5.6 PROVISIONS FOR DEALING WITH VARIATIONS IN RESPECT OF ABNORMALLY HIGH RATE AND
ABNORMALLY LOW RATE ITEMS.

The abnormally high rate items are those whose quoted rates are more than 20% of the justified
rates decided by the owner.

The abnormally low rate items are those whose quoted rates are less than 20% of the justified rates
decided by the owner.

In case of Item Rate Tenders, the revision of rates for (i) abnormally high rate items and (ii)
abnormally low rate items, shall become operative under the following circumstances: -

For increase in quantity of more than 25% in respect of works executed below plinth level and 10% in
respect of works executed above plinth level.

Quantity variation beyond the limit mentioned above shall be dealt by arriving at new rate based on
prevalent market rate of materials and labour analysed as per standard analysis of rate of
CPWD/NBO. Payment of extra quantity over the permitted quantity as explained above would be
made on the basis of the new analysed rate.

The variation in quantity of abnormally low rate items for item rate tenders shall not be permitted
below 25% for the items below plinth level and below 10% for the items above plinth level of the
agreement schedule quantity, but in exceptional cases with written consent of Engineer-in-Charge
arising out of technical necessity.

The above provisions shall be applicable for item rate tenders only and not applicable for percentage
rate tenders for works based on standard schedule of rates of the company.

For the purpose of operation, the following works shall be treated as works related to foundation,
unless otherwise defined in the contract.
a) For Buildings: All works up to 1.2 metres above ground level or up to floor 1 level whichever is
lower.
b) For abutments, piers and well steining: All works up to 1.2m above the bed level.
c) For retaining walls, wing walls, compound walls, chimneys, overhead reservoirs / tanks and
 51
CONDITIONS OF CONTRACT
other elevated structures: all works up to 1.2 metres above the ground level.
d) For reservoirs / tanks (other than overhead reservoirs / tanks): All works up to 1.2 metres above
the ground level.
e) For basement: all works up to 1.2m above ground level or up to floor 1 level whichever is lower.
For Roads, all items of excavation and filling including treatment of sub base

5.7 The time of completion of the originally contracted work shall be extended by the company in the
event of any deviation resulting in additional cost over the awarded value, if requested by the
contractor as follows: -
(i) In the proportion which the additional cost of the altered, additional or substituted work (in value)
bears to the original tendered value plus.

(ii) 25% of the time calculated in (i) above or such further additional time as may be considered
reasonable by the Engineer-in-Charge.

5.8 The company through its Engineer-in-Charge or his representative, on behalf of the company,
shall have power to omit any part of the work in case of non-availability of a portion of the site or for
any other reason and the contractor shall be bound to carry out the rest of the work in accordance
with the instructions given by the Engineer-in-Charge. No claim from the Contractor shall be
entertained/ accepted on these grounds.

5.9 In the event of any deviation being ordered which in the opinion of the contractor changes
radically the original scope/nature of the contract, the contractor shall under no circumstances
suspend the work, either original or altered or substituted, and the dispute/disagreement as to the
nature of deviation and the rate/rates to be paid for such deviations shall be resolved separately with
the company as per the procedures/ norms laid down hereafter.

5.10 Extension of AMC contracts (applicable only for AMC contracts)-

The AMC Contracts shall be normally for two years or as specified in the NIT from the date of
commencement. However, in exceptional cases of exigencies, CIL/Subsidiary reserves the right to
Extend the Contract for a period of 30% of the contract period as specified in NIT or for a period of
08 months, whichever is lesser after due appraisal of performance at the end of the Contract on the
same terms and conditions.

6. Time for Completion of Contract, Extension thereof, Defaults and Compensation for Delay

Time is the essence of the contract and as such all works shall be completed within the time
stipulated in the contract/ work order. The work shall, throughout the stipulated period of contract,
be carried out with all due diligence on the part of the contractor.

Immediately after the contract is concluded i.e. LOA/Work Order is issued, the Engineer-in-Charge
and the contractor shall agree upon a detailed time and progress chart prepared based on BAR
CHART/ PERT CPM techniques on the basis of a construction schedule submitted by the contractor at
the time of executing contract showing the order in which the work is proposed to be carried out
within the time specified in the LOA /work order.

For the purpose of this detailed time and progress chart, the work shall be deemed to have
commenced on the expiry of 10* (ten) days from the issue of Letter of Acceptance of Tender or
7(seven) days after handing over the site of work or handing over reasonable number of working
drawings to the contractor or the period of mobilization allowed in the work order for starting the
work in special circumstances, whichever is later. However, the Date of Commencement may be
decided with mutual consent with the Contractor prior to the date as prescribed above.
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CONDITIONS OF CONTRACT
* For Specialized Works/ High Value Works (above Rs. 5 crores), the period shall be 30 days.

6.1 If the contractor, without reasonable cause or valid reasons, commits default in commencing the
work within the aforesaid time limit, the company shall, without prejudice to any other right or
remedy, be at liberty, by giving 15 day’s notice in writing to the contractor to commence the work,
failing which to forfeit the Earnest Money deposited by him and to rescind the Letter of Acceptance
of Tender/Work Order and also to debar the contractor to take part in the future re-tender.

The Company may debar such defaulting Contractors from participating in future Tenders for a
minimum period of 12 (Twelve) months.

6.2 If the contractor fails to complete the work and clear the site on or before the date of completion
or extended date of completion, he shall without prejudice to any other right or remedy available
under the law to the company on account of such breach, pay as compensation (Liquidated
Damages):

i) @ half percent (½ %) of the contract amount/Revised Contract amount whichever is less, per week
of delay.
OR
ii) ½ % of the contract-value of group of items/revised completion value of group of items whichever
is less, per week of delay, for which a separate period of completion is originally given.

The aggregate of such compensation/ compensations shall not exceed:

i) 10% (ten) percent of the total amount of the contract/ Revised contract amount, whichever is less.
OR
ii) 10% of the contract-value of group of items/ revised completion value of group of items whichever
is less, for which a separate period of completion is originally given.

The amount of compensation may be adjusted or set off against any sum payable to the contractor
under this or any other contract with the company.

The LD will be applicable on the price as varied by the operation of the Price Variation Clause i.e.
price variation amount shall be added/ deducted to the contract price for deriving the LD.

6.2.1 The company, if satisfied, that the works can be completed by the contractor within a
reasonable time after the specified time of completion, may allow further extension of time at its
discretion with or without the levy of L.D. In the event of extension granted being with L.D, the
company will be entitled without prejudice to any other right or remedy available in that behalf, to
recover from the contractor as agreed damages equivalent to half percent of the contract value of
the works for each week or part of the week subject to a ceiling as described at Clause 6.2.

6.2.2 The company, if not satisfied that the works can be completed by the contractor, and in the
event of failure on the part of the contractor to complete work within further extension of time
allowed as aforesaid, shall be entitled, without prejudice to any other right, or remedy available in
that behalf, to rescind the contract.

6.2.3 The company, if not satisfied with the progress of the contract and in the event of failure of the
contractor to recoup the delays in the mutually agreed time frame, shall be entitled to terminate the
contract.

6.2.4 In the event of such termination of the contract as described in clauses 6.2.2 or 6.2.3 or both,
the company, shall be entitled to impose penalty/LD as deliberated at Clause 10. Additionally, the
 53
CONDITIONS OF CONTRACT
contractor shall be debarred from participating in the future tenders for a minimum period of 12
months.

In the event of recovery of any claim towards LD charges, penalty, fee, fine or any other charges
(Except EMD) from the supplier/vendor, the same will be recovered along with the GST, if applicable,
and the amount shall be adjusted with the payment to be made to the supplier/vendor against their
bill/invoice or any other dues.

6.3 The company may at its sole discretion, waive the payment of compensation on request received
from the contractor indicating valid and acceptable reasons if the entire work is completed within the
date as specified in the contract/work order or as validly extended date without stipulating any
compensation for delay.

6.4 Extension of Contract Time for completion

A. Force Majeure(FM): Conditions beyond control of either parties like war, hostility, acts of public
enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes,
lockouts or acts of God come under the legal concept of Force Majeure (FM).

Delays in performance of contractual obligations under influence of FM conditions are condonable

by the other party without any right to termination or damages, provided, notice of the happening of
any such event is given by the affected party to the other within 30 (thirty) days from the date of
occurrence duly certified by the local chamber of commerce or statutory authorities, the beginning
and end of FM occurrence and cessation of such Force Majeure condition. Works under the contract
shall be resumed as soon as practicable after such event has come to an end or ceased to exist.

For delays arising out of Force Majeure, the bidder / contractor will not claim extension in
completion date for a period exceeding the period of delay attributable to the clauses of Force
Majeure and neither company nor bidder / contractor shall be liable to pay extra cost (like increase in
rates, remobilization advance, idle charges for labour and materials etc.) provided it is mutually
established that Force majeure conditions did actually exists.

B. Delays in Execution

A work may be completed ahead of schedule or delayed due to unforeseen fortuitous circumstances,
extra effort or developments beyond the control of CIL/Subsidiary or the tenderer and it is
sometimes difficult to apportion credit or responsibility. The contractor may experience delay or
disruption due to his own actions or inaction, those of his sub-contractor or other contractors, those
of CIL/Subsidiary or the engineer, or other causes. Such delays expose the non-performing party to
various sanctions under the contract. These sanctions include extension of time, damages or default
termination of the contract. While examining the request of the contractor for extension of time, the
engineer shall consider all circumstances and categorise the delays as follows:
a) Excusable delays - Force Majeure (FM), that is, acts of God, abnormal weather, floods, and so on,
applies;
b) Compensable delays – or Compensation Events, which put full burden of responsibility on
CIL/Subsidiary; and
c) Inexcusable delay (contractor’s own faults), which puts the full burden of responsibility on the
contractor.
d) Concurrent delays - when two or more events responsible for delay overlap each other. The delays
may be attributable to CIL/Subsidiary or the contractor or none, and fall in above categories. The
eligibility for extension of time (EOT) should be determined by plotting each contributing concurrent
delay on the critical path. CIL/Subsidiary should see that the concurrent delays do not result in
unnecessary extra extension of time.

C. Once the delay is categorised, it should then be determined not only whether the contractor is
 54
CONDITIONS OF CONTRACT
eligible for time extension but also whether sanctions, such as Liquidated Damage (LD) or default
termination, can be imposed on the contractor.

D. The time for completion of the work will be specified in the contract and it is understood that the
completion of work within the time specified is an essential part of this contract. While ascertaining
the reasons for delay beyond the control of the control of contractor, the following delays shall be
considered as “Hinderance”:-
a. Excusable delays
b. Compensable delays
c. Portion of Concurrent delays to be decided judiciously by the EIC.

E. More precisely, if any delay in the completion of the work is likely to be caused by any of the
following reasons, then the contractor immediately upon the occurrence of such delay shall give
notice in writing to the Engineer-in-Charge and he shall be allowed a reasonable extension of time
for completion in respect of delay caused by any of the below-mentioned circumstances-

a) Force Majeure as defined at 6.4(A);

b) Abnormally bad weather.
c) Non-availability of stores which are the responsibility of the company to supply as per contract.
d) Non-availability of working drawings in time, which are to be made available by the company as
per contract during progress of the work.
e) Delay on the part of the contractors or tradesmen engaged by the company not forming part of
the contract, holding up further progress of the work.
f) Non-availability or breakdown of tools and plant to be made available or made available by the
company.
g) The execution of any modified or additional items of work or excess quantity of work.
h) Any other causes which, at the sole discretion of the company, is beyond the control of the
contractor
i) Delay caused by any written instruction of the Engineer in Charge.
j) Any circumstances which are wholly beyond the control of the contractor and unavoidable
k) Increase in the overall value of work. The time of completion of the work shall, in the event of any
deviation resulting in additional cost over the tendered value sum being ordered, be extended, if
requested by the contractor as follows:
i. In the proportion which the additional cost of the altered, additional or substituted work,
bears to the original tendered value plus.
ii. 25% of the time calculated in i) above or such further additional time as may be considered
reasonable by the Engineer -in –Charge. l) Portion of Concurrent delays as decided
judiciously by the EIC.
l) Portion of concurrent delays as decided by EIC.

F. HINDERANCE REGISTER shall be maintained by both department and the contractor at site to
record the various hindrances encountered during the course of execution.

Hindrance register will be signed by both the parties. The contractor may also record his
observations in the Hindrance Register. In case the contractor has a different opinion for hindrance
and a dispute arises then the matter would be referred to the EIC and or the next higher authority
whose decision would be final & binding on the contractor & the decision to be communicated
within 15 days.

G. Interim Extension of completion time may be granted by Tender Accepting Authority limited to
GM(Civil)/HoD for HQ works and Area GM for area works as per provision of clause 6.4.1 below,
based on the recommendation of the Engineer-in-Charge of the work during the course of execution
of work reserving the right to impose/waive the clause relating to compensation for delay at the time
of granting final extension of time depending upon the merit of the case. Final Extension of
 55
CONDITIONS OF CONTRACT
completion time is to be granted by Tender Approving Authority limited to CMD of CIL/ Subsidiary.

6.4.1 General Principles for Granting Extension of Time

i) At the time of issuing notice inviting tenders for a particular work the Engineer-in-Charge should
specify the time allowed for completion of the work consistent with the magnitude and urgency of
the work.

ii) The time allowed for carrying out the work as entered in the contract shall be strictly observed by
the contractor and shall be reckoned from the Date of Commencement of the work as given to the
contractor.

iii) The work shall throughout the stipulated period of the contract be proceeded with all due
diligence (time being deemed to be the essence of the contract) on the part of the contractor.

iv) To ensure good progress of work during the execution, the contractor shall meticulously follow
the preset time and progress chart and in the event of slippages in one segment, all efforts will be
made to liquidate the slippages in the next stages.

v) If the contractor shall desire an extension of time for completion of work on the grounds of his
having been unavoidably hindered in its execution or on any other grounds as mentioned above shall
make application to Engineer-In-Charge for extension of contract within a reasonable period prior to
expiry of Contract Period (Preferably not later than 15 days prior to expiry of Contract Period).
Engineer-In-Charge shall process the proposal based on the merit of the case for obtaining approval
of Competent Authority. Such extension shall be communicated to the contractor in writing by the
company through Engineer-in-Charge before the expiry of Contract Period.

vi) Engineer-in-Charge shall process extension of time for the completion of the work if the following
conditions are satisfied:
a) The contractor must apply to the Engineer-in-Charge in writing for extension of time.
b) Such application must state the grounds which hindered the contractor in the execution of the
work within the stipulated time.
c) Such application must be made within a reasonable period prior to expiry of Contract Period
(Preferably not later than 15 days prior to expiry of Contract Period).
d) The Engineer-in-Charge must be of the opinion that the grounds shown for the extension of time
are reasonable.

Vii) Deleted

viii) The opinion of the Engineer-in-Charge, whether the grounds shown for the extension of time are
or not reasonable, is final. If the Engineer-in-Charge is of the opinion that the grounds shown by the
contractor are not reasonable and declines to process the extension of time, the contractor may
approach concerned SO( C) /GM ( C) /Director ( As the case may be) whose opinion shall be final and
binding on all concerned.

ix) All interim extensions of time shall be granted by Tender Accepting Authority limited to
GM(Civil)/HoD for HQ works and Area GM for area works and all final extension of time shall be
granted by Tender Accepting Authority limited to Chairman/ CMD of CIL/ Subsidiary. Effort should be
made to complete the work within the original contract period or extended period.

x) In case the contractor does not apply for grant of extension of time before the expiry of contract
period and the department wants the contractor to continue with the work beyond the stipulated
date of completion, the Engineer-in-Charge can process proposal for extension of time even in the
absence of application from the contractor as per the following guidelines :

a) Whenever any hindrance comes to the notice of the In Charge of the work, he should at once
make a note of such hindrance in the register kept at site. He should also make a report to EIC of the
occurrence of such hindrance.
b) The proposal for extension of time should be processed by EIC for obtaining the approval of
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CONDITIONS OF CONTRACT
Competent Authority ( Ref Cl (ix) above . This should be processed preferably 15 days prior to the
expiry of Contract Period.
c) If the orders of the higher authority are not received in time, he should extend the contract
before the stipulated date actually expires so that the contract might remain in force but while
communicating this extension of time, he must inform the contractor that this was without prejudice
to Company's right to levy compensation under relevant clause of the agreement. Such extension of
time given by EIC shall be considered as fait-accompli in future.

xi) The period during which the contract remains valid is a matter of agreement and if the period
originally set for the completion of the work comes to an end nothing short of agreement of the
party can extend the subsistence and validity of the contract.

xii) When the period fixed for the completion of the contract is about to expire, the question of
extension of the contract may be considered at the instance of the contractor or the Department or
of both.

The extension, in order to be binding, will have to be by parties’ agreement, express or implied.

It therefore, follows that if the extension of time is issued /granted by the Engineer-in-Charge suo-
moto as per provisions of Contract Agreement as per Cl 6.4.1(x) and such extension of time is
accepted by the contractor, either expressly or implied by his actions before and subsequent to the
date of completion, the extension of time granted by the Engineer-in-Charge is valid.

xiii) It is, therefore, necessary that the Engineer-in-Charge grants extension of time as per provisions
of the contract even when the contractor does not apply for extension of time in order to keep the
contract alive. If the contractor refuses to act upon the extension so granted by Engineer-in-Charge, it
will attract the provisions of appropriate clauses of the agreement.

The contractor shall however use his best efforts to prevent or make good the delay by putting his
endeavors constantly as may be reasonably required of him to the satisfaction of the Engineer-in-
Charge.

7. Material Supply & other facilities:

The contractor shall at his own expense, provide all materials required for the work, unless otherwise
specified, and the rates quoted by the contractor shall be for finished work inclusive of all materials
required for completion of the work as specified in the contract.

The company may, of its own or at the request of the contractor, supply such materials as may be
specified, if available, at rate/rates to be fixed by the Engineer-in-charge.

7.1 For the materials which the company has agreed to supply for the contract, the contractor shall
give in writing of his requirements in accordance with the agreed phased programme to the
Engineer-in-charge sufficiently in advance.

The value of materials so supplied shall be set off or deducted from the payment to be made for the
items of work in which such materials have been consumed, or from any sum then due or to become
due to the contractor thereafter.

7.2* The company will supply steel both reinforcement and structural and cement at the following
rates inclusive of all taxes. The contractor shall bear all the cost for transportation; handling and
storage from the issuing store of the company to contractor's work site store.
i) Reinforcement Steel *:-
a) M.S.Round : Rs.
b) Tor Steel : Rs.
c) Structural Steel : Rs.
ii) Cement * : Rs.
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CONDITIONS OF CONTRACT
[* delete whichever is not applicable ]

7.3 If the steel is issued by the department, the wastage of steel shall be the barest minimum. The
wastage allowed from theoretical quantity will be upto a maximum of 5% to cover the wastage
due to cutting into pieces, bending and other factors. No cut pieces or scrap less than 2 mtr. in
length will be taken by the department. Efforts should be made to use the cut pieces of 2 mtr. or
above length as far as possible.

If the wastage of steel is more than the permissible variation mentioned above the cost of
excess wastage made by the contractor shall be recovered at double the issue rates indicated
above, or 115% of prevailing market rate along with GST and any other Tax applicable during the
period of work, whichever is more.

No allowances shall be entertained on account of Rolling Margin for the steel either issued by the
department or procured by the contractor.

7.4 If the cement is issued by the department, the variation of 5% will be permitted over the
theoretical consumption of cement for value of work upto Rs.10.00 lakhs and 3% for value of
work above Rs.10.00 lakhs. In the event of cement consumed is more/less than specified above,
the recovery for the quantity of cement consumed in excess or less than the specified quantity
shall be made at double the issue rate or 115% of prevailing market rate along with GST and any
other Tax applicable during the period of work, whichever is more.

7.5 In case the department is not able to supply cement/steel as per the provisions of the contract,
the Engineer-in-Charge may allow, with the approval of GM/HOD(Civil) of the company, the
contractor in writing for procurement of cement/ steel from the approved sources and the extra on
this account including transport charges, if any, over the issue rate shall be reimbursed to the
contractor on production of authentic documents. Transportation of cement/ steel from the place of
purchase to the site of work and proper storage of cement/steel at site shall be contractor's
responsibility. He should maintain proper account of cement/steel issued/procured by him and
should allow inspection of his go down and his cement/steel account by the concerned Engineer-in-
charge or any other authorized officers of the company. Contractor should draw materials from the
company on the basis of actual requirement as assessed by the Engineer-in-Charge on "as and when
required" basis.

7.6 Recovery of cost of materials issued on sale A/c will be made as per actual consumption basis but
the Engineer-in-Charge will have the discretion for making full recovery while processing a particular
bill or asking for the return of the balance materials if the work is not progressing satisfactorily.

The contractor shall keep accurate record of materials issued by the company, maintain proper
account for the materials received and consumed in the work and shall be open to check by the
Engineer-in-Charge or his authorized representative. The contractor shall ensure that such materials
are consumed for the contract works only and the Register for the aforesaid account shall be signed
both by the representatives of Engineer In Charge and the contractor.

7.7 All materials, tools and plants brought to site by the contractor including the materials supplied
by the company shall be deemed to be held in lien by the company and the contractor shall not have
the right to remove the same from the site, without the written permission of the Engineer-in-
Charge. The company shall not however be liable for any loss, theft or damage due to fire or other
cause during this period of lien, the responsibility for which shall lie entirely on the contractor.

7.8 The contractor shall bear the cost of loading, transportation to site, unloading, storing under
cover as required etc. as may be necessary for the use and keeping the materials in good condition.
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CONDITIONS OF CONTRACT

7.9 Any surplus materials issued by the company, remaining after completion or termination of the
contract, shall be returned by the contractor at his cost to the place of issue and the Engineer-in-
Charge shall accept the same at the rate not exceeding the rate at which these were originally issued
taking into consideration the deterioration or damage, if any, that may have been caused during the
custody of the contractor. In the event, the contractor fails to return the surplus materials out of
those supplied by the company, the Engineer-in-Charge may, in addition to any other liability which
the contractor would incur in this regard, by giving notice in writing require the contractor to pay the
amount at double the issue rate for such unreturned surplus materials or 115% of the prevailing
market rate along with GST and any other tax applicable during the period of work, whichever is
more.

7.10 On completion or on termination of the contract and on complete recovery of secured advance
paid by the company, if any, in respect of materials brought to site, the contractor with due
permission of the Engineer-in-Charge shall be entitled to remove at his expenses all surplus materials
originally supplied by him and upon such removal, the same shall become the property of the
contractor.

7.11 All charges on account of GST or any other applicable taxes, duties or levies on materials
obtained for the works from any source (excluding materials supplied by the company) shall be borne
by the contractor. This clause may be read in conjunction with 13(ix) of condition of contract.

7.12 The contractor shall arrange necessary electricity at his own cost for the work and his own
establishment. However, if available and feasible the company may arrange electricity at one point
near the work site and necessary recovery of cost of energy consumed will be made at rates
prescribed by the company from time to time. Energy meter for this purpose shall be provided by the
contractor.

7.13 The contractor shall arrange necessary water for the work and his own establishment and
nothing extra will be paid for the same. Such water used by the contractor shall be fit for
construction purposes. However, if available and feasible the company may arrange water, at the
written request of the contractor, to the extent possible, at one point near the work site for which
recovery @ 1% of the contract value of work done will be made from the contractor's bills. The
contractor shall make his own arrangement of water connection and laying of pipe lines from main
source of supply. Department do not guarantee to maintain uninterrupted supply of water. No claim
of damage or refund of water charges will be entertained on account of such break down.

7.14 Explosives, detonators and other inflammable materials shall not be used in the execution of
the work at site by the contractor without prior written permission of the Engineer-in-Charge.
Transportation and storage of such materials shall be done in specified manner in accordance with
the law in force. The contractor shall also obtain license under such laws for, transportation, storage,
use and all other operations, connected with the handling of the same.

8. Quality Assurance - Materials and Workmanship

The contractor shall carry out and complete the work in every respect in accordance with the
contract and shall ensure that the work conforms strictly to the drawings, specifications, (as enclosed
or in absence of enclosed specifications current CPWD/BIS specifications) instructions of the
Engineer-in-Charge. The Engineer-in-Charge may issue, from time to time, further drawings, detailed
instructions/ directions in writing to the contractor. All such drawings, instructions/directions shall be
consistent with the contract documents and should be reasonably inferable there from, along with
clarifications/ explanations thereof, if necessary. However, the contractor will be solely responsible
for design and erection of all temporary structures required in connection with the work.
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CONDITIONS OF CONTRACT

8.1 For Quality Assurances of all the Civil Engineering Works the norms/ guidelines laid down by the
company herein and elsewhere will form part of the contract for the purpose of quality of works.

8.2 The contractor shall be responsible for correct and complete execution of the work in a workman
like manner with the materials as per specification which shall be subject to the approval of the
company. All work under execution in pursuance of the contract shall be open to inspection and
supervision by the Engineer-in-Charge or by his authorized representative or any other official of
higher rank or any other person authorized by the company on his behalf & the contractor shall allow
the same.

8.3 All materials to be provided by the contractor shall be in conformity with the
specifications/schedule of work as per the contract and the contractor shall furnish proof, if so
required by the Engineer-in-Charge to his satisfaction that the materials do so comply.

8.4 The contractor shall immediately after the award of work draw up a schedule giving dates for
submission of samples as required or necessary as per the specification for approval of Engineer-in-
Charge who shall approve, if found acceptable, promptly so that there is no delay in the progress of
the work of the contractor or of the work of any of the sub-contractor.

On receipt of samples as per schedule, the Engineer-in-Charge shall arrange to examine/test with
reasonable promptness ensuring conformity of the samples with the required specification and
complying with the requirements as per contract documents keeping in view that the work shall be
in accordance with the samples approved by him. The contractor shall be bound to furnish fresh
sample, if disapproved by the Engineer-in-Charge, for his approval. The contractor shall not start
bringing materials at the site unless the respective samples are approved. Materials conforming to
approved samples shall only be brought to site. However, Engineer-in-Charge’s approval for any
sample, design / drawings (permanent/temporary structures) shall not alter contractor’s full
responsibility whatsoever for the performance and safety of the executed job.

Samples are to be supplied by the contractor at his own cost. The cost involved in tests shall be
borne by the contractor. If any test is ordered by the Engineer-in-Charge which is to be carried out by
any independent person or agency at any place other than the site even then the cost of materials
and testing charge etc. shall be borne by the contractor. If the test shows that the materials are not in
accordance with the specifications, the said materials shall not be used in the work and removed
from the site at contractors’ cost.

8.5 The company, through the Engineer-in-Charge, shall have full powers to reject any materials or
work due to a defect therein for not conforming to the required specification, or for materials not
being of the required quality and standard or for reasons of poor workmanship or for not being in
accordance with the sample approved by him. The contractor shall forthwith remedy the
defect/replace the materials at his expense and no further work shall be done pending such
rectification/replacement of materials, if so instructed by the Engineer-in-Charge.

In case of default on the part of the contractor, the Engineer-in-Charge shall be at liberty to procure
the proper materials for replacement and/or to carry out the rectifications in any manner considered
advisable under the circumstances and the entire cost & delay for such procurement/rectification
shall be borne by the contractor.

8.6 The Engineer-in-Charge shall be entitled to have tests carried out for any materials, according to
the standard practice followed for such tests, other than those for which satisfactory proof has
already been furnished by the contractor who shall provide at his expense all facilities which the
Engineer-in-Charge may require for the purpose. All such expenses born by the contractor are not to
 60
CONDITIONS OF CONTRACT
be paid separately by the employer and shall be assumed covered in accepted prices.

The cost of any other tests, if so required by the Engineer-in-Charge, shall be borne by the company.
However, if the test shows the workmanship or materials not to be in accordance with the provision
of the contract or the instruction of Engineer-in-Charge the cost shall be borne by the contractor.

8.7 Access to the works: The Engineer-in-charge and any person authorized by the company shall at
all times have access to the works and to all workshops and places where work is being prepared or
from where materials, manufactured articles are being obtained for the works and the contractor
shall afford every facility for and every assistance in or in obtaining the right to such access.

8.8 Inspection of works: i) No work shall be covered up or put out of view without the approval of
the Engineer-in-charge or the Engineer-in-charge's representative or any other officer nominated by
the company for the purpose and the contractor shall afford full opportunity for the EIC or EIC`s
representative or any other officer nominated by the company for the purpose to examine and
measure any work which is about to be covered up or put out of view and to examine foundations
before permanent work is placed thereon. The contractor shall give due notice to the Engineer-in-
charge's representative whenever any such work or foundations is ready or about to be ready for
examination and the Engineer-in-charge's representative shall, without unreasonable delay, unless he
considers it unnecessary and advises the contractor accordingly, attend for the purpose of examining
and measuring such work or foundations.

ii) The contractor shall uncover any part or parts of the works or making openings in or through the
same as the Engineer-in-Charge may from time to time direct and shall reinstate and make good such
part or parts to the satisfaction of Engineer-in-charge.

If any such part or parts have been covered up or put out of view after compliance with the
requirement of sub-clause above and are found to be executed in accordance with the contract, the
expenses of uncovering, making openings in or through and making good the same shall be borne by
the Employer, but in any other cases all costs shall be borne by the contractor.

8.9 Removal of Improper Work and Materials:

i) The Engineer-in-charge shall during the progress of the works have power to order in writing from
time to time:

a) The removal from the site, of any materials which in the opinion of Engineer-in-charge, are not in
accordance with the contract/ work order/ approved sample.

b) The substitution with proper and suitable materials.

c) The removal and proper re-execution, notwithstanding any previous test thereof or interim
payment there from, of any work which in respect of materials or workmanship is not in accordance
with the contract.

ii) In case of default on the part of the contractor in carrying out such order, the Engineer-in -charge
shall be entitled to employ and pay other agency to carry out the same and all expenses consequent
thereon shall be recoverable from the contractor or may be deducted from any amount due or which
may become due to the contractor.

8.10 Devaluation of Work: In lieu of rejecting work done or materials supplied not in conformity
with the contract/work order/approved samples, the Engineer-in-charge or any other officer
nominated by the company for the purpose may allow such work or materials to remain, provided
 61
CONDITIONS OF CONTRACT
the Engineer-in-Charge/ the officer nominated by the company is satisfied with the quality of any
materials, or the strength and structural safety of the work, and in that case shall make such
deduction for the difference in value, as in his opinion may be reasonable.

8.11 Final Inspection of Work: The Engineer-in-charge and any other officer nominated by the
company for the purpose shall make final inspection of all work included in the contract/work order,
or any portion thereof, or any completed structure forming part of the work of the contract, as soon
as practicable after notification by the contractor that the work is completed and ready for
acceptance. If the work is not acceptable to the Engineer-in-charge at the time of such inspection, he
shall inform the contractor in writing as to the particular defects to be remedied before final
acceptance can be made.

8.12 Defects appearing after acceptance: Any defects which may appear within the defect liability
period and arising, in the opinion of the Engineer-in-charge, from lack of conformance with the
drawings and specifications, shall, if so required by the Engineer-in-charge in writing, be remedied by
the contractor at his own cost within the time stipulated by the Engineer-in-charge. If the contractor
fails to comply, the Engineer-in-charge may employ other persons to remedy the defects and recover
the cost thereof from the dues of the contractor.

8.13 Site Order Book: A Site Order Book is a Register duly certified by the Engineer-in-charge
regarding number of pages it contains, each page being numbered, name of work, name of
contractor, reference of contract/ work order and the aforesaid certificate should be recorded on its
first page.

Site Order Books shall be maintained on the sites of works and should never be removed there from
under any circumstances. It shall be the property of the company. The Engineer-in-Charge or his
authorized representative shall duly record his observations regarding any work which needs action
on the part of the contractor like, improvement in the quality of work, failure to adhere to the
scheduled programme etc. as per contract/work order. The contractor shall promptly sign the site
order book and note the orders given therein by the EIC or his representative and comply with them.
The compliance shall be reported by the contractor in writing to EIC in time so that it can be checked.

The Site Order Book will be consulted by the Engineer-in-Charge at the time of making both running
on account and final bills of the contractor. A certificate to this effect should be given in the
Measurement books by the Engineer-in-Charge or his representative.

8.14 Samples and Testing of Materials: All the materials to be procured by the contractor and to be
used in work shall be approved by the Engineer-in-Charge in advance, and shall pass the tests and
analysis required by him, which will be as specified in the specifications of the items concerned and
or as specified by BIS or the IRC / MORTH standard specifications acceptable to the Engineer-in-
Charge. The method of sampling and testing shall be as per the relevant BIS, IRC/ MORTH and other
relevant standards and practices. Minor minerals like sand, stone chips etc. shall be conforming to
relevant BIS standards. All bought out items including Cement and Steel shall be procured from such
manufacturers who hold valid license conforming to relevant BIS standards for manufacturing of such
items.

8.15 Storage of Materials: Materials shall be so stored as to ensure the preservation of the quality
and fitness for the work. When considered necessary by the Engineer-in-charge, they shall be placed
on wooden platforms or other hard, clean surfaces and not directly on the ground.

Materials shall be placed under cover when so directed and the contractor shall erect and maintain
at his own cost temporary weather-proof sheds at the work site for the purpose. Stored materials
shall be so located as to facilitate prompt inspection. All stored materials shall be inspected at the
 62
CONDITIONS OF CONTRACT
time of use in the work, even though they may have been inspected and approved before being
placed in storage or during storage.

8.16 Defective Materials: All materials not conforming to the requirements of the specifications shall
be considered as defective, and all such materials, whether in place or not shall be rejected. They
shall be removed immediately by the contractor at his expenses and replaced with acceptable
material.

No rejected material, the defects of which have been subsequently corrected, shall be used on the
work until approval in writing has been given by the Engineer-in-Charge. Upon failure on the part of
the contractor to comply with any instruction of the Engineer-in-charge made under the provisions of
this article within the time stipulated by the Engineer-in-charge, the Engineer-in-charge shall have
authority to remove and replace defective material and recover the cost of removal and replacement
from the contractor.

Further all such defective material lying at site not removed and replaced within 30 days after issue
of notice by the Engineer-in-charge, if the Engineer-in-charge so decides shall dispose of such
material in any manner without any further written notice to the contractor.

9. Measurement and Payments

Except where any general or detailed description of the work in the Bill of Quantities or specifications
of the contract/ work order provides otherwise, measurement of work done shall be taken in
accordance with the relevant standard method of measurement published by the Bureau of Indian
Standards (BIS) and if not covered by the above, other relevant Standards/practices shall be followed
as per instructions of the Engineer-in-Charge.

9.1 All items of work carried out by the contractor in accordance with the provision of the contract
having a financial value shall be entered in the Measurement Book as prescribed by the company so
that a complete record of the measurements is available for all the works executed under the
contract and the value of the work executed can be ascertained and determined there from.
Measurements of completed work / portion of completed work shall be recorded only in the
Measurement Books.

9.2 Measurement shall be taken jointly by the Engineer-in-Charge or his authorized representative
and by the contractor or his authorized representative.

9.3 Before taking measurements of any work, the Engineer-in-Charge or the person deputed by him
for the purpose shall intimate the contractor to attend or to send his representative to attend the
measurement. Every measurement thus taken shall be signed and dated by both the parties on the
site on completion of the measurement. If the contractor objects to any measurements, a note to
that effect shall be made in the Measurement Book / Log Book and signed and dated by both the
parties.

9.4 The measurement of the portion of work/items of work objected to, shall be re-measured by the
Engineer-in-Charge himself or the authority nominated by the company for the purpose in the
presence of the contractor or his authorized representative and recorded in the M.B. which shall be
signed and dated by both the parties. Measurements so recorded shall be final and binding upon the
contractor and no claim whatsoever shall thereafter be entertained.

In case the contractor or his authorized representative does not attend to the joint measurements at
the prefixed date and time after due notice, the measurements taken by the Engineer-in-Charge or
his representative shall be final and binding on the contractor.
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CONDITIONS OF CONTRACT

Measurement of the extra items of work or excess quantities of work duly authorized in writing by
the Engineer-in-Charge shall also be taken and recorded in the M.B. based on the existing items in
the SOR of the company and if such items do not exist in the company's SOR, the description of the
work shall be as per actual execution. Payment for such extra items will be based on the rates to be
derived as described in the relevant clauses of the contract/ work-order.

9.5 No work shall be covered up or put out of view without the approval by the Engineer-in-Charge
and recording of measurements and check measurement thereof duly accepted by the contractor.
The contractor shall provide full opportunity to the Engineer-in-Charge or his representative to
examine and measure all works to be covered up and to examine the foundations before covering
up.

The contractor shall also give notice to Engineer-in-Charge whenever such works or foundations are
ready for examination and the Engineer-in-Charge shall without unreasonable delay arrange to
inspect and to record the measurements, if the work is acceptable and advise the contractor
regarding covering of such works or foundations.

9.6 In case of items which are claimed by the contractor but are not admissible according to the
department, measurements of such items, will be taken for record purposes only and without
prejudice so that in case it is subsequently decided by the department to admit the contractor's
claims, there should be no difficulty in determining the quantities of such work. A suitable remark
should, however, be made against such measurements to guard against payment in the ordinary way.

9.7 Payments: The running on account payments may be made once in a month or at intervals
stipulated in the work order/ contract agreement.

9.7.01 Running on account bill/bills for the work executed/ materials supplied in accordance with the
work order/ contract shall be prepared on the basis of detailed measurements recorded as described
herein before and processed for payments.

9.7.02 Payment of on account bill shall be made on the Engineer-in-Charge's certifying the sum to
which the contractor is considered entitled by way of interim payment for the following :

a) The work executed as covered by the bill/bills after deducting the amount already paid, the
security deposit and such other amounts as may be deductible or recoverable in terms of the
work order/ contract.

b) (i) Payment for excess quantity of work done with the written instructions of the Engineer-in-
Charge for items already appearing in the bill of quantities of work with approved rates, will be
made along with the on account bills only up to 10% of the quantity provided in the agreement
subject to overall value of work not exceeding the agreement value.

(ii) The GM(Civil) of the company and / or the Staff Officer(C) of the Area may authorize interim
payment for excess work done up to 20 % of the quantity of work provided in the Bill of Quantity
of the work awarded from Company level and Area level respectively subject to overall value of
work done does not exceed the contract value. This however, shall not be applicable for High
Value Items.

c) Extra items of work executed will be paid on specific written authorization of GM(C) of the
company or Staff Officer (Civil) of the Area provided that the value of such extra items of work
when added together is not more than 10% of the contract value and the total gross payment
including excess quantity does not exceed the contract value.
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CONDITIONS OF CONTRACT

Balance amount on account of excess quantity and extra items of work executed shall be paid
after the deviation estimate / revised estimate regularizing the extra items and excess quantities
of work is sanctioned by the competent authority of the company with the concurrence of the
Finance Department of the company.

d) On the Engineer-in-Charge's certificate of completion in respect of the work covered by the

contract/final measurements of the work certified by the Engineer In Charge or his
representative.

9.7.03 The measurements shall be entered in the M.B for the work done up to the date of
completion and evaluated based on the approved rates for the items in the contract
agreement/sanctioned revised estimate. In case of extra items of work, the rates shall be derived as
stated in the relevant clause of the contract.

The payments shall be released against the final bill subject to all deductions which may be made on
account of materials supplied, water supply for construction, supply of electricity and any other dues
payable by the contractor to the company, and further subject to the contractor having given to the
Engineer-in-Charge a no claim certificate.

The contractor shall indemnify the company against proof of depositing royalty on account of minor
minerals used in the work before the final bill is processed for payments. The final payment to be
made will also be subject to Clause-4.6 & 4.7 of the General Terms & Conditions of the contract.

9.7.04 Any certificate given by the Engineer-in-Charge for the purpose of payment of interim bill/bills
shall not of itself be conclusive evidence that any work/materials to which it relates is/are in
accordance with the contract and may be modified or corrected by the Engineer-in-Charge by any
subsequent certificate or by the final certificate.

9.7.05 The company reserve the right to recover/enforce recovery of any overpayments detected
after the payment as a result of post payment audit or technical examination or by any other means,
notwithstanding the fact that the amount of disputed claims, if any, of the contractor exceeds the
amount of such overpayment and irrespective of the facts whether such disputed claims of the
contractor are the subject matter of arbitration or not.

The amount of such overpayments shall be recovered from subsequent bills under the contract,
failing that from contractor's claim under any other contract with the company or form the
contractor's security deposit or the contractor shall pay the amount of over payment on demand. In
case of contractor's non-payment on such demand, the same should be realised from the
contractor's dues, if any, with Coal India Limited or any of its subsidiaries.

9.7.06 The contractors are required to execute all works satisfactorily and according to the
specifications laid down in the contract/ work order. If certain items of work, executed by the
contractor, are below specifications, the contractor should re-do them according to the specifications
and instructions of EIC and if the contractor fails to rectify the defect within the time and in the
manner specified by the EIC, the work shall be got re-done or rectified by the department at the risk
and cost of the contractor. Engineer-in-Charge may accept such work of below specifications
provided the department is satisfied with the quality of such works and the strength/ structural
safety of such works. In that case Engineer-in-Charge shall make such deductions for the difference in
value, as in his opinion is reasonable and is approved by the accepting authority of the company i.e.
GM/HoD(C) of the company in this case or any other officer nominated by GM/HoD(C) for the
purpose.
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CONDITIONS OF CONTRACT
9.7.07 Payment Stage: The payment stage involved will be as under,
i. Signature of Subordinate Engineer(Civil)/ EA(Civil)/ Sr. Overseer(C) / Overseer(C) in MB’s both
in pages recording measurements, abstract of bill & the duly filled in bill form.
ii. Signature of Sr. Officer(C)/ Asstt. Manager(Civil) with appropriate check measurements in the
MB’s and the bill form.
iii. Signature of Dy. Manager(C)/ Manager(C) with appropriate check measurements in MB’s and
the bill form.
iv. Signature of Engineer-in-Charge as per definition as at clause 1(vii) of the General Terms and
Conditions, as a token of acceptance for payment of the bill. The EIC may sign in the abstract
of the bill in the MB & the bill form. In between stage iii) and iv) accountal checking may be
made by the concerned Accounts Officer/ Accountant.

In case of non-availability of officials as at (i) above, company may authorize suitable executives for
the works outlined at (i). Further for check measurement also company may authorize Executives
based on availability.

9.7.08 Secured Advance against Material brought to the Site

Secured advance on the security of materials (which are not combustible, fragile or perishable in
nature) brought to the site but not yet incorporated in the works will be made up to 75 (seventy-five)
per cent of invoice value, or the 75 (seventy-five) per cent of the corresponding value of the
materials determined on the basis of BOQ rates, whichever is less, subject to the condition that their
quantities are not excessive and shall be used within a period of 90 (ninety) days and subject to other
stipulations in the contract. The contractor will be required to submit an indemnity bond as per
prescribed Form of the company on non-judicial stamp paper of prescribed value, hypothecating the
goods to the procuring entity, and also be responsible for their safe custody. Before the advance is
released, the procuring entity may inspect the site to ensure that the Contractor has safeguarded the
materials against pilferage and deterioration. It may be ensured that the contractor has not taken
any loan/ limit from banks against hypothecation of the materials against which the secured advance
is claimed. An undertaking in this regard may also be taken from the contractor.

Generally, as per the provisions of the contracts, the contractors are required to submit proof of cost
of materials and the delivery of material at site while claiming such advances. The stock register
should be maintained from the commencement of the contract and, unless otherwise prescribed in
the contracts, the stock, so considered for advance, should generally be only paid stock (and not
brought on credit). Where the materials are supplied from a captive source of the contractor, the
reasonableness of the valuation of such materials may be ensured.
The advance will be repaid from each succeeding running bill (periodic/ interim payment) to the
extent materials for which advance has been previously paid have been incorporated into the works.
This advance shall be recovered in four equal installments or as per consumption whichever is higher.
Engineer-in-Charge shall recover at his discretion all or any part of secured advance paid, if in his
opinion the work is not progressing satisfactorily or the security of these materials at site is not
adequately taken care of by the contractor. In all cases, the repayment of the advance will be affected
after expiry of a period of 120 days since payment of advance, whether the material is consumed in
the work or not.

Secured advance shall be payable for contracts of value above Rs 1.00 Cr only.

At any point of time the outstanding recoverable secured advance shall not be more than 10% of the
contract value.

9.8 Income tax deduction @ 2% (Two percent) of the gross value (excluding GST) of each bill or at the
 66
CONDITIONS OF CONTRACT
rate as amended from time to time, shall be made unless exempted by the competent authority of
the Income Tax Department. Further, TDS under GST will be deducted at applicable rates as per the
provisions of GST Act wherever applicable.

Building and Construction Workers Cess (as applicable in States) shall be payable by the contractor.
If, however, the company is asked to make deduction from the contractor's bills, the same shall be
done and a certificate to this effect shall be issued to the contractor for dealing with the State Govt.
and the company does not take any responsibility to do anything further in this regard.

9.9 No interest shall be payable on the amounts withheld, under the terms of the Contract
Agreement/Work-order.

10. Termination, Cancellation, Suspension and Foreclosure of Contract

The company shall, in addition to other remedial steps to be taken as provided in the conditions of
contract be entitled to cancel the contract in full or in part, and whether the date of completion has
or has not elapsed, by notice in writing if the contractor: -

a) makes default in proceeding with the works with due diligence and continues to do so even after a
notice in writing from the Engineer-in-Charge, then on the expiry of the period as specified in the
notice
Or
b) commits default/breach in complying with any of the terms and conditions of the contract and
does not remedy it or fails to take effective steps for the remedy to the satisfaction of the Engineer-
in-Charge, then on the expiry of the period as may be specified by the Engineer-in-Charge in a notice
in writing.
Or
c) obtains a contract with the company as a result of ring tendering or other non-bonafide methods
of competitive tendering
Or
d) shall offer or give or agree to give any person in the service of the company or to any other person
on his behalf any gift or consideration of any kind as an inducement or reward for act/acts of favour
in relation to the obtaining or execution of this or any other contract for his company.
Or
e) fails to complete the work or items of work with individual dates of completion, on or before the
date/dates of completion or as extended by the company, then on the expiry of the period as may be
specified by the Engineer-in-Charge in a notice in writing.
Or
f) transfers, sublets, assigns the entire work or any portion thereof without the prior approval in
writing from the Engineer-in-Charge. The Engineer-in-Charge may by giving a written notice, cancel
the whole contract or portion of it in default.
Or
g) breach of the prohibition against sub-contracting
Or
h) Committed fraud

However, the contractor shall continue to fulfil the contract to the extent not terminated.

10.1 The contract shall also stand terminated under any of the following circumstances:
a) If the contractor being an individual in the case of proprietary concern or in the case of a
partnership firm any of its partners is declared insolvent under the provisions of Insolvency Act
for the time being in force, or makes any conveyance or assignment of his effects or composition
or arrangement for the benefit of his creditors amounting to proceedings for liquidation or
composition under any Insolvency Act.
b) In the case of the contractor being a company, its affairs are under liquidation either by a
resolution passed by the contractors company or by an order of court, not being a voluntary
liquidation proceedings for the purpose of amalgamation or reorganization, or a receiver or
manager is appointed by the court on the application by the debenture holders of the
contractor's company, if any.
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CONDITIONS OF CONTRACT
c) If the contractor shall suffer an execution being levied on his/their goods, estates and allow it to
be continued for a period of 21 (twenty-one) days.
d) On the death of the contractor being a proprietary concern or of any of the partners in the case
of a partnership concern and the company is not satisfied that the legal representative of the
deceased proprietor or the other surviving partners of the partnership concern are capable of
carrying out and completing the contract. The decision of the company in this respect shall be
final and binding which is to be intimated in writing to the legal representative or to the
partnership concern.

10.2 On cancellation of the contract (except action as per clause 6.1 of GCC) or on termination of the
contract, the Engineer-in-charge shall have powers:
a. To take possession of the site, any materials, constructional plant, equipment, stores etc. there-
on and carry out balance work through any means or through any other agency.

b. To give the contractor or his representative of the work 7 (seven) days notice in writing for tak-
ing final measurement for the works executed till the date of cancellation or termination of the
contract. The Engineer-in-Charge shall fix the time for taking such final measurement and intimate
the contractor in writing. The final measurement shall be carried out at the said appointed time
notwithstanding whether the contractor is present or not. Any claim as regards measurement
which the contractor is to make shall be made in writing within 7 (seven) days of taking final mea-
surement by Engineer-In-charge as aforesaid and if no such claim is received, the contractor shall
be deemed to have waived all claims regarding above measurements and any claim made thereaf-
ter shall not be entertained.

c. After giving notice to the contractor to measure up the work of the contractor and to take such
whole or the balance or part thereof, as shall be unexecuted out of his hands and to give it to
another contractor or take up departmentally, to complete the work. The contractor whose con-
tract is terminated shall not be allowed to participate in future bidding for period of minimum
twelve months.

In such an event, the contractor shall be liable for loss/damage suffered by the employer because
of action under this clause and to compensate for this loss or damage, the employer shall be en-
titled to recover higher of the following:

i) Forfeiture of security deposit comprising of performance guarantee and retention money, if any,
at the disposal of the employer.
Or
ii) 20% of value of incomplete work. The value of the incomplete work shall be calculated for the
items and quantities remaining incomplete (as per provision of agreement) at the agreement rates
including price variation as applicable on the date, when notice in writing for termination of work
was issued to the contractor.

The amount to be recovered from the contractor as determined above, shall, without prejudice to
any other right or remedy available to the employer as per law or as per agreement, will be recov-
ered from any money due to the contractor on any account or under any other contract and in the
event of any shortfall, the contractor shall be liable to pay the same within 30 days. In case of fail-
ure to pay the same the amount shall be debt payable.

In the event of above course being adopted by the Engineer-in-charge, the contractor shall have no
claim to compensation for any loss sustained by him by reasons of his having purchased materials,
equipment or entered into agreement or made advances on any account or with a view to the ex-
ecution of work or performance of the contract. And in case action is taken under any of provision
aforesaid, the contractor shall not be entitled to recover or to be paid any sum for any work the-
reof or actually performed under this contract unless and until the engineer-in-charge has certified
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CONDITIONS OF CONTRACT
in writing the performance of such work and value payable in respect thereof and he shall only be
entitled to be paid the value so certified.

The need for determination of the amount of recovery of any extra cost/expenditure or of any
loss/damage suffered by the company shall not however arise in the case of termination of the
contract for death/demise of the contractor as stated in 10.1(d).

10.3 Suspension of Work:

Suspension of work – The Company shall have power to suspend the work. The contractor shall on
receipt of the order in writing of Engineer-in -charge (whose decision shall be final and binding on
the contractor), suspend the progress of work or any part thereof for such time in such manner as
the Engineer-in-Charge may consider necessary so as not to cause any damage, or endanger the
safety thereof for any of the following reasons:

a) on account of any default on the part of the contractor, or

b) for proper execution of the works, or part thereof, for reasons other than the default of the
contractor or,
c) for safety of the works, or part thereof.

The contractor shall, during such suspension properly protect and ensure the works to the extent
necessary and carry out the instruction of the Engineer-in-charge. If the suspension is ordered for
reasons (b) & (c), the contractor shall be entitled to an extension of time equal to the period of every
such suspension plus 25%. This shall also be applicable for completion of the item or group of items
of the work for which a separate period of completion as specified in the contract and of which the
suspended work forms a part.

The contractor shall carry out the instructions given in this respect by the Engineer-In Charge & if
such suspension exceeds 45 (forty-five) days, the contractor will be compensated on mutually agreed
terms.

10.4 Foreclosure of contract:

If at any time after acceptance of the tender the company decides to abandon or reduce the scope of
work for any reason whatsoever the company, through its Engineer-in-Charge, shall give notice in
writing to that effect to the contractor and contractor shall act accordingly in the matter. In the event
of abandonment, the contractor shall have no claim to any payment of compensation or otherwise
whatsoever, other than those mentioned below: -

a) to pay reasonable amount assessed and certified by the Engineer-in-Charge of the expenditure
incurred, if any, by the contractor on preliminary works at site e.g. temporary access roads,
temporary construction for labour and staff quarters, office accommodation, storage of
materials, water storage tanks and water supply for the work including supply to labour/ staff
quarters, office etc.

b) to pay the contractor at the contract rates full amount for works executed and measured at site
up to the date of such abandonment.

c) to pay for the materials brought to site or to be delivered at site, which the contractor is legally
liable to pay, for the purpose of consumption in works carried out or were to be carried out but
for the foreclosure, including the cost of purchase and transportation and cost of delivery of such
materials. The materials to be taken over by the company should be in good condition and the
company may allow at its discretion the contractor to retain the materials in full or in part if so
desired by him and to be transported by the contractor from site to his place at his own cost with
due permission of the EIC.
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CONDITIONS OF CONTRACT
d) to take back the materials issued by the company but remaining unused, if any, in the work on
the date of abandonment/reduction in the work, at the original issue price less allowance for any
deterioration or damage caused while in custody of the contractor.

e) to pay for the transportation of tools and plants of the contractor from site to contractor's place
or to any other destination, whichever is less.

10.4.01 The contractor shall, if required by the Engineer-in-Charge, furnish to him books of accounts,
papers, relevant documents as may be necessary to enable the Engineer-in-Charge to assess the
amounts payable in terms of clauses 10.4 (a) (c) & (e) of the contract. The contractor shall not have
any claim for compensation for abandonment of the work, other than those as specified above.

11. Carrying out Part Work at Risk & Cost of Contractor.

If the progress of the work or of any portion of the work is unsatisfactory, the Engineer-in-Charge,
after giving the contractor 15 days’ notice in writing, without cancelling or terminating the contract,
shall be entitled to employ another Agency for executing the job or to carry out the work
departmentally or contractually through tendering / limited tendering process, either wholly or
partly, debiting the contractor with cost involved in engaging another Agency or with the cost of
labour and the prices of materials, as the case may be. The certificate to be issued by the Engineer-
in-Charge for the cost of the work so done shall be final and conclusive and the extra cost, if any,
shall be borne by the contractor. However, when this clause is invoked, penalty will not be applicable
other than on account of delayed completion.

The value of the work taken away shall be calculated for the items and quantities taken away at the
agreement rates including price variation as applicable on the date, when notice in writing for taking
away part work was issued to the contractor. The contractor, from whom part work is being taken
out, shall not be allowed to participate in the tendering process if any.
If the expenses incurred by the department is less than the amount payable to the contractor at his
agreement rates, the difference shall not be payable to the contractor.

In the event of above course being adopted by the Engineer-in-Charge, the contractor shall have no
claim to compensation for any loss sustained by him by reasons of his having purchased or procured
any materials or entered into any engagements or made any advance on any account or with a view
to the execution of the work or the performance of the contract.

Note: In this case, the provisions like SPLT (Refer Clause No. 4.01.3 of Part I of MCEW) may be
resorted to by CIL/ Subsidiary.

12. Completion Certificate / Defect Liability Certificate

Except in cases where the contract provides for "Performance Test" before issue of Defect Liability
certificate, in which case the issue of Defect Liability certificate shall be in accordance with the
procedure specified therein, the contractor shall give notice of completion of work, as soon as the
work is completed, to the Engineer-in-Charge. The Engineer-in-Charge and or any other Officer,
nominated for the purpose by the company, shall within 30 (thirty) days from the receipt thereof,
inspect the work and ascertain the defects/deficiencies, if any, to be rectified by the contractor as
also the items, if any, for which payment shall be made at reduced rate.

If the defects, according to the Engineer-in-Charge are of a major nature and the rectification of
which is necessary for the satisfactory performance of the contract, he shall intimate in writing the
defects and instruct the contractor to rectify the defects/remove deficiencies within the period and
in the manner to be specified therein. In such cases Defect Liability Certificate will be issued by the
EIC after the above rectifications are carried out/ deficiencies are removed by the contractor to the
 70
CONDITIONS OF CONTRACT
satisfaction of EIC.

In the event there are no defects or the defects/ deficiencies are of a minor nature and the Engineer-
in-Charge is satisfied that the contractor has already made arrangements for rectification, or in the
event of contractor's failure to rectify the defects for any reason whatsoever, the defects can be
rectified by the company departmentally or by other means and the 50% of the security deposit of
the contractor shall be sufficient to cover the cost thereof, he shall issue the Defect Liability
Certificate ( Taking Over Certificate with list of defects )indicating the date of completion of the work,
defects to be rectified, if any, and the items, if any, for which payment shall be made at reduced rate
indicating reasons there for and with necessary instructions to the contractor to clear the site/place
of work or all debris/ waste materials, scaffoldings, sheds, surplus materials etc. making it clean.

12.1 In cases where separate period of completion for certain items or groups of items are specified
in the contract, separate Defect Liability certificate for such items or groups of items may be issued
by the Engineer-in-Charge after completion of such items on receipt of notice from the contractor
only in the event the work is completed satisfactorily in every respect.

Refund of security deposit and payment of final bill shall, however, be made on completion of the
entire contract work, but not on completion of such items of work.

12.2 Before the date fixed for completion of work, the work as well as the site of work are to be
made clean after removal of rubbish, scaffolding, surplus materials, temporary structures etc.

12.3 In case of contractor's failure to clear the site, the EIC shall have right to get the work done. The
cost thereof shall be recovered from the final bill of the contractor.

13. Additional Responsibilities of the Contractor(s)

The cost on account of the "Additional Responsibilities of the Contractors" under this clause is
deemed to be included in the tendered rates.

i) The company reserves the rights to let other contractors also work in connection with the Project
and the contractor/contractors shall co-operate in the works for the introduction and stores and
materials and execution of his/their works.

ii) The contractor/contractors shall keep on the work site during the progress a competent and
experienced Resident Engineer exclusively for the work and necessary assistants who shall represent
the contractor(s). The contractor shall employ, on the site in connection with the execution and
maintenance of the work, technical and managerial staff as mentioned below.

Sl.No. Value of Work Manpower Requirement

One Resident Engineer (Degree Holder), Two Engineers
1. More than 10 Crores
(Diploma Holder)
One Resident Engineer (Graduate/ Diploma Holder), One
2. 5 Crores to 10 Crores
Engineer (Diploma Holder)
3. 1 Crore to 5 Crores One Resident Engineer (Graduate/ Diploma Holder

For works below Rs.1 crore, the deployment of manpower shall be as assessed by Engineer.

The contractor shall intimate the Engineer-in-Charge in writing the names, qualifications, experience
and full postal address of each and every technical personnel employed at site by him.

The contractor(s) shall not be allowed to execute the work unless he/they engage the required
technical staff as assessed by Engineer-in-charge or as specifically mentioned in the bid. The delay on
 71
CONDITIONS OF CONTRACT
this account, if any, shall be the contractor's responsibility.

Important instructions shall be confirmed to the contractor(s) in writing. If the contractor/contractors

in course of the works finds/find any discrepancy between the drawing, forming part of the contract
documents and the physical conditions of the locality or any errors or omissions in drawings except
those prepared by himself / themselves and not approved by the Engineer-in-Charge. It shall be
his/their duty to immediately inform the Engineer-in-Charge in writing and the Engineer-in-Charge
shall verify the same. Any work done after such discovery and without intimation as indicated above
will be done at the risk of the contractor/contractors.

iii) The contractor / contractors shall employ only competent, skilful and orderly men to do the work.
The Engineer-in-Charge shall have the right to ask the contractor/ contractors to remove from the
work site any men of the contractor/contractors who in his opinion is undesirable and the
contractor/contractors will have to remove him within 3 (three) hours of such orders.

The contractor shall employ apprentices in the execution of the contract work as required under
Apprentices Act.

The contractor shall further be responsible for making arrangements at his own cost, or
accommodation and social needs of the staff and workers under his employment.

iv) Precautions shall be exercised at all times by the contractor(s) for the protection of persons
(including employees) and property. The safety required or recommended by all applicable laws,
codes, statutes and regulations shall be observed by the contractor(s). In case of accidents, the
contractor(s) shall be responsible for compliance with all the requirements imposed by the
Workmen's Compensation Act or any other similar laws in force and the contractor shall indemnify
the company against any claim on this account.

All scaffoldings, ladders and such other structures which the workmen are likely to use shall be
examined by the Engineer-in-Charge or his authorized representative whenever they want and the
structure must be strong, durable, and safe and of such design as required by Engineer-in-Charge.

In no case any structure condemned by the Engineer-in-Charge or his authorized representatives

shall be kept on the work and such structure must be pulled down within three hours of such
condemnation and any certificate or instructions, however, shall in no way absolve the
contractor/contractors from his/their responsibility, as an employer, as the company shall in no way
be responsible for any claim.

The contractor / contractors shall at all times exercises reasonable precautions for the safety of
employees in the performance of his/their contract and shall comply with all applicable provisions of
the safety laws drawn up by the State Govt. or Central Govt. or Municipalities and other authorities
in India. The contractor/contractors shall comply with the provision of the safety hand book as
approved and amended from time to time by the Government of India.

v) The contractor / contractors shall familiarize themselves with and be governed by all laws and
rules of India and Local statutes and orders and regulations applicable to his/ their work.

vi) The contractor shall maintain all records as per the provision made in the various statutes
including Contract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour (Regulation &
Abolition) Central Rules,1971, Minimum Wages Act, Workmen Compensation Act etc. and latest
amendment thereof. Such records maintained by the contractor shall be opened for inspection by
the Engineer-in-Charge or by the nominated representative of the Principal Employer.

vii) The contractor/ contractors shall provide facilities for the sanitary necessities of all persons
employed on the work shall be constructed and maintained in the number, manner and place
approved or ordered by the Engineer-in-Charge. The contractor/ contractors shall vigorously prohibit
committing of nuisance at any other place. Cost of all works under this item shall be covered by the
contractor/contractor's tendered rates.
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CONDITIONS OF CONTRACT
viii) The contractor/contractors shall furnish to the Engineer-in-Charge or his authorized
representative with work reports from time to time regarding the contractor / contractors
organization and the progress made by him / them in the execution of the work as per the contract.

For Capital/ Specialized works with estimated value more than 10 Cr and more, the contractor has to
submit project specific monthly progress report of the work in a computerized form (Management
Information System Reports– MIS reports). The progress report shall contain the following apart from
whatever else may be required to be specified:
i) Project information, giving the broad features of the contract.
ii) Introduction, giving a brief scope of the work under the contract and the broad structural or
other details.
iii) Construction schedule of the various components of the work, through a bar chart for the next
three quarters for as may be specified, showing the milestones, targeted tasks and up to date
progress.
iv) Progress chart of the various components of the work that are planned and achieved, for the
month as well as cumulative up to the month, with reasons for deviations, if any, in a tabular
format.
v) Plant and machinery statement, indicating those deployed in the work, and their working status.
vi) Man-power statement, indicating individually the names of all the staff deployed in the work
along with their designations.
vii) Financial statement, indicating the broad details of all the running account payments received
up to date, such as gross value of work done, advances taken, recoveries effected, amounts
withheld, net payments, details of cheque payments received, etc.
viii) A statement showing the extra and substituted items submitted by the contractor, and the
payments received against them, broad details of the bank Guarantees, indicating clearly their
validity periods, broad details of the insurance policies taken by the contractor, if any, the
advances received and adjusted from the department, etc.
ix) Progress photographs, in colour, of the various items/ components of the work done up to
date, to indicate visually the actual progress of the work.
x) Quality assurance and quality control tests conducted during the month, with the results
thereof.
xi) Any hold-up shall be specified.
xii) Dispute, if any, shall also be highlighted.
xiii) Monthly or fortnightly progress review by engineer and Procuring Entity with contractor may
be necessary to ensure that contractor deploys sufficient resources to meet the deadlines.

ix) All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if
applicable) only) and other levies, royalty, building and construction workers cess (as applicable in
States) payable by the bidder/Contractor under the Contract, or for any other cause as applicable
on the last date of submission of Bid, shall be included in the rates, prices and the total Bid Price
submitted by the Bidder. Applicable GST, if any, either payable by bidder or by company under
reverse change mechanism shall be computed by system in BOQ sheet as per predefined logic.

All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and plants
etc. as may be attendant upon execution and completion of works shall also be included in the
rates, prices and total Bid price submitted by the bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid
and/or any increase over the rate existing on the last date of submission of Bid shall be reimbursed
by the company on production of documentary evidence in support of payment actually made to
the concerned authorities.

Similarly, if there is any decrease in such duties, taxes and levies the same shall become
recoverable from the contractor. The details of such duties, taxes and other levies along with rates
 73
CONDITIONS OF CONTRACT
shall be declared by the bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST
& GST Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by
service availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor)
would be made only on the latter submitting a Bill/invoice in accordance with the provision of
relevant GST Act and the rules made there under and after online filing of valid return on GST
portal. Payment of GST & GST Compensation Cess is responsibility of the service
provider/contractor.

Further, any GST credit note required to be issued by the bidder / contractor under the GST
provisions should be issued within the time limit prescribed under the GST law.

However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under

composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST
and/or GST Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST, if
applicable will be deposited by CIL/Subsidiary directly to concerned authorities in terms with GST
provisions.

Input tax credit is to be availed by CIL/Subsidiary as per rule.

If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital
Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and
services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns under GST,
payment of CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the tax
authorities, issue of proper tax invoice or any other reason whatsoever, the applicable taxes & cess
paid based on such Tax invoice shall be recovered from the current bills or any other dues of the
supplier/vendor along with interest and penalty, if any.

The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall
not be subject to variations on any account except to the extent variations allowed as per the
conditions of the contract of the bidding document.

The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to
deal with such amount in terms of the provisions of the Statute or in terms of the direction of any
statutory authority and the company shall only provide with certificate towards such deduction
and shall not be responsible for any reason whatsoever.

In case of collection of minor minerals in area (both virgin and non-virgin), acquired by the
Company under the Coal Act, the contractor will have to produce a royalty clearance certificate
from the District Authorities before full and final payment.

Further, where any damages or compensation becomes payable by either the Company or the
bidder / contractor pursuant to any provision of this Agreement, appropriate GST wherever
applicable as per the GST provisions in force shall also apply in addition to such damages or
compensation.

Note: During the execution of the contract if the GST status of the bidder changes, then the payment
of GST, if any, to the contractor will be made as per the GST status declared by the bidder during
tender stage based on which cost to company has been ascertained or at actuals, whichever is lower.
 74
CONDITIONS OF CONTRACT

x) The contractor / contractors shall make his / their own arrangement for all materials, tools, staff
and labourer required for the contract, which shall include cost of lead, lift, loading, unloading,
railway freight, recruiting expenses and any other charges for the completion of the work to entire
satisfaction of the company.

xi) The contractor / contractors shall make their own arrangement for carriage of all materials to the
work site at his/their own cost.

xii) The work shall not be sublet to any other party, unless approved by Engineer-in-Charge, in
writing. Prior permission is required to be taken from the owner for engagement of sub-contractor in
part work/piece rated work.

xiii) a) No fruit trees or valuable plants or trees with trunk diameter exceeding 150mm shall be
pulled, destroyed or damaged by the contractor/contractors or any of his/their employees without
the prior permission of the company, failing which the cost of such trees or plants shall be deducted
from the contractor/contractors dues at the rate to be decided by the company. The rates quoted
are supposed to include clearance of shrubs and jungles and removal of such trees up to 150 mm
dia., as will be permitted by the Engineer-in-Charge in writing.

b) Anything of historical or other interest or of significant value unexpectedly discovered on the site
is the property of the employer. The Contractor is to notify the Nodal Officer or his nominee of such
discoveries and carry out the Nodal Officer or his nominee’s instructions for dealing with him.

xiv) The contractor / contractors shall not pay less than the minimum wages to the labourer engaged
by him/them as per Minimum Wages Act or such other legislation or award of the minimum wage
fixed by the respective State Govt. or Central Govt. as may be in force. The contractor / contractors
shall make necessary payments of the provident fund for the workmen employed by him for the
work as per the laws prevailing under provisions of CMPF and allied scheme and Miscellaneous
Provisions Act, 1948 or Employees Provident Fund and Miscellaneous Provisions Act 1952 as the case
may be.

Payable statutory payments like PF & ESI contributions paid to the contract workers as applicable
shall be reimbursed to the contractor on production of proof of payment limited to the maximum
likely number of workmen to be deployed as indicated in the tender document. Such payments shall
be made on quarterly basis and shall not be included in the Contract Value.

Note: The above clause regarding reimbursement of PF & ESI contributions on quarterly basis by WCL
shall not override any provisions of law relating to the respective laws for timely statutory payment
by the contractor.

xv) All accounts shall be maintained properly and the company shall have the right of access and
inspection of all such books of accounts etc., relating to payment of labourer in online mode
including payment of provident fund considered necessary.

xvi) The contractor shall in additions to any indemnity provided by the relevant clauses of the
agreement or by law, indemnify and keep indemnified for the following:

a) The company or any agent or employee of the company against any action, claim or proceeding
relating to infringement or use of any patent or design right and shall pay any royalties or other
charges which may be payable in respect of any article or material included in the contract.
However, the amount so paid shall be reimbursed by the company in the event such infringement
has taken place in complying with the specific directions issued by the company or the use of such
article or material was the result of any drawing and/or specifications issued by the company after
submission of tender by the contractor. The contractor must notify immediately after any claim being
made or any action brought against the company, or any agent or employee of company in respect of
any such matter.
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CONDITIONS OF CONTRACT

b) The company against all claims, damages or compensation under the provisions of payment of
Wages Act, 1938, Minimum Wages Act, 1948, Employer's Liability Act, 1938, The Workmen's
Compensation Act, 1923, Industrial Dispute Act, 1947, Mines Act as applicable, Employees State
Insurance Act 1948 and Maternity Benefit Act, 1961, Acts regulating P.F. or any modification thereof
or any other law relating thereto and rules made there under from time to time, as may be
applicable to the contract which may arise out of or in consequence of the construction or
maintenance or performance of the work under the contract and also against costs, charges and
expenses of any suit, action or proceedings arising out of any accident or injury.

c) The company against all losses and claims for injuries or damages to any third party or to any
property belonging to any third party which may arise out of or in consequence of the construction
or maintenance or performance of the work under the contract and against all claims/demands
proceedings/damages, cost charges and expenses whatsoever in respect of or in relation thereto.

xvii)The contractor is under obligation to hand over to the company the vacant possession of the
completed building structures failing which the Engineer-in-Charge can impose a levy upon the
contractor up to 5% of the total contract value for the delay in handing over the vacant possession of
the completed works after giving a 15 (fifteen) days’ notice to the contractor.

xviii) Insurance – The contractor shall take full responsibility to take all precautions to prevent loss or
damage to the works or part thereof for any reasons whatsoever (except for reasons which are
beyond control of the contractor or act of God, e.g. flood, riots, war, earthquake, etc.) and shall at his
own cost repair and make good the loss/damage to the work so that on completion, the work shall
be in good order and condition and in conformity with the requirements of the contract and
instructions of the Engineer-in-charge.

The contractor/contractors shall take following insurance policies during the full contract period at
his own cost:
a). In the case of construction works, without limiting the obligations and responsibilities under the
contract, the contractor shall take insurance policy for the works and for all materials at site so that
the value of the works executed and the materials at site up to date are sufficiently covered against
risk of loss/damage to the extent as permissible under the law of insurance. The contractor shall
arrange insurance in joint names of the company and the contractor. All premiums and other
insurance charges of the said insurance policy shall be borne by the contractor.

The terms of the insurance policy shall be such that all insurance claims and compensations payable
by the insurers, shall be paid to the Employer and the same shall be released to the contractor in
instalments as may be certified by the Engineer-in-charge for the purpose of rebuilding or
replacement or repair of the works and/or goods destroyed or damaged for which payment was
received from the insurers. Policies and certificates for insurance shall be delivered by the contractor
to the EIC for his approval before the starting date. Alterations to the terms of insurance shall not be
made without the approval of EIC.

b). Where any company building or part thereof is used, rented or leased by the contractor for the
purpose of storing or using materials of combustible nature, the contractor shall take separate
insurance policy for the entire building and the policy shall be deposited with the company.

c) The contractor shall at all times during the tenure of the contract indemnify the company against
all claims, damages or compensation under the provision of the Workmen's Compensation Act and
shall take insurance policy covering all risk, claims, damages, or compensation payable under the
Workmen's Compensation Act or under any other law relating thereto.

d) The contractor shall ensure that the insurance policy/ policies is/are kept alive till full expiry of the
contract by timely payment of premiums and it/they shall not be cancelled without the approval of
 76
CONDITIONS OF CONTRACT
the company and a provision is made to this effect in all policies, and similar insurance policies are
also taken by his sub-contractors if any. The cost of premium shall be borne by the contractor and it
shall be deemed to have been included in the tendered rate.

e) In the event of contractor’s failure to effect or to keep in force the insurance referred to above or
any other insurance which the contractor is required to effect under the terms of the contract, the
company may effect and keep in force any such insurance and pay such premium/premiums as may
be necessary for that purpose from time to time and recover the amount thus paid from any moneys
due to the contractor.

THE CLAUSE 13(xviii) SHALL BE APPLICABLE FOR WORKS OF ESTIMATED VALUE OF OVER Rs. 50
LAKHS.

xix) Setting Out: The contractor shall be responsible for the contract and proper setting out of the
works and correctness of the position, reduced levels, dimensions and alignment of all parts of the
work including marking out the correct lay out in reference to the permanent bench mark and
reference points. Only one permanent bench mark and basic reference lines shall be marked and
shown to the contractor as basic data.

The contractor shall have all necessary instruments, appliances and labour in connection therewith.
If at any time during the progress of work any error is detected in respect of the position, levels,
dimensions or alignment of any part of the work, the contractor on being required to do so by the
Engineer-in-Charge or his representative shall at the expenses of the contractor rectify such errors to
the satisfaction of Engineer-in-Charge unless such error is due to incorrect data supplied by the
Engineer-in-Charge.

xx) On receipt of Letter of Acceptance of Tender / Work Order the contractor shall forthwith Register
and obtain License from the competent authority under the Contract Labour (Regulation & Abolition)
Act 1970, the Contract Labour (Regulation & Abolition) Central Rules, 1971 and submit certified
copies of the same to the Engineer-in-Charge and the Principal Employer.

xxi) Deleted.

xxii) The contractor shall, in connection with works, provide and maintain, at his own cost, all lights,
security guards, fencing when and where necessary as required by the Engineer-in-Charge for the
purpose of protection of the works, materials at site, safety of workmen and convenience of the
public.

xxiii) All materials (e.g. stone, moorum and other materials) obtained in the course of execution of
the work during excavation and dismantling etc. shall be the property of the company and the same
may be issued to the contractors, if required for use in the works at the rates to be fixed by the
Engineer-in-Charge.

xxiv)Unless otherwise specifically provided for, dewatering of excavation pits, working areas etc. shall
be the contractor's responsibility and is to be carried out at his own cost as per instructions of EIC.
The rates quoted by the contractor shall be deemed to include the dewatering costs.

xxv) Approval by the Nodal Officer/Engineer-in-Charge or his nominee: The contractor shall submit
specifications and drawings showing the proposed temporary work to the Nodal Officer/Engineer-in-
Charge or his nominee, who is to approve them if they comply with the specifications and drawings.

The contractor shall be responsible for design of Temporary Works.

The Nodal Officer/Engineer-in-charge or his nominee’s approval shall not alter the contractor’s
responsibility for design of the Temporary Works.

xxvi) The contractor shall directly pay the ex-gratia amount of Rs.15.00 (Fifteen) lakhs to the eligible
dependent family members of the deceased contractor’s worker, who died in mine accident as
 77
CONDITIONS OF CONTRACT
certified by DGMS, to whom the statutory benefits under Employee Compensation Act, Provident
Fund etc. have been paid, as per the terms of contract or through Insurance Company by availing
Group Personal Accident Insurance Policy for all its workers before commencement of the contract,
which shall be renewed periodically to cover the entire duration of the contract. No reimbursement
shall be made on this account by CIL/Subsidiary.

In order to comply with the above provisions, contractor shall immediately on receipt of letter of
acceptance/work order shall obtain group personal accident insurance in respect of all the workmen
engaged in mining activities for payment of Rs.15.00(fifteen) lakhs in case of death in mine accident.
A proof to such effect shall be produced to the satisfaction of the management before
commencement of the work. However, the responsibility of payment of special relief/ex-gratia
amount shall lie exclusively with the Contractor.

If the contractor fails to disburse the special Relief/Ex-gratia within the due date, the subsidiary
concerned may make payment to the eligible dependent as mentioned herein above. However, such
amount shall be recovered from the Contractor from his dues either in the same and/or other
subsidiaries of CIL”.

14. Defects Liability Period:

In addition to the defect/s to be rectified by the contractor as per terms of the contract/ work order,
the contractor shall be responsible to make good and remedy at his own expense the defect/s
mentioned hereunder within such period as may be stipulated by the Engineer-in-Charge in writing:

a) Any defect/defects in the work detected by the Engineer-in-Charge within a period of 6 (six)
months from the date of issue of Defect Liability certificate / completion certificate.

b) In the case of building works or other works of similar nature any defect in the work detected by
the Engineer-in-Charge within a period of 6 (six) months from the date of issue of Defect Liability
certificate/ completion certificate or before the expiry of one full monsoon period i.e. June to
September whichever is later in point of time.

14.1 A programme shall be drawn by the contractor and the Engineer-in-Charge for carrying out the
defects by the contractor detected within the defect liability period and if the contractor fails to
adhere to this programme, the Engineer-in-Charge shall be at liberty to procure proper materials
and carry out the rectifications in any manner considered advisable under the circumstances and the
cost of such procurement of materials and rectification work shall be chargeable to the contractor
and recoverable from any of the pending dues of the contractors.

The defect liability period can be extended by the company on getting request from the contractor
only for valid reasons.

There will be no defect liability period for works like Grass Cutting, Jungle Cutting, Surface Dressing &
any other work of similar nature to be decided by the Engineer-in-Charge.

15. Operating and Maintenance Manual:

1. The Contractor is responsible to facilitate for obtaining Completion/ Occupancy Certificates/

Clearances and No-Objection-Certificates (NOCs), if applicable, from the local civic authorities, for
completed Work and Facilities before handing over the same to ‘Procuring Entity’ for putting them to
functional use.

2. Before the completed work is taken over by CIL/Subsidiary, it must ensure that the Contractor
restores to original status - the auxiliary services/ facilities (Roads, Sewerage, utilities, including
removal of garbage and debris) affected during the construction process.

3. The Contractor shall hand over to CIL/Subsidiary the completed Work including all Services and
Facilities constructed in accordance with the Approved Plans, Specifications fulfilling all agreed
techno-functional requirements along with Inventory, As built - Drawings, Maintenance Manual/
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CONDITIONS OF CONTRACT
Standard Operating Procedure (SOP) for Equipments and Plants, all clearances /Certificates from
Statutory Authorities, Local Bodies etc. as directed by EIC before submission of final bill.

16. Settlement of Disputes.

It is incumbent upon the contractor to avoid litigation and disputes during the course of execution.
However, if such disputes take place between the contractor and the department, effort shall be
made first to settle the disputes at the company level.

The contractor should make request in writing to the Engineer-in-charge for settlement of such
disputes/claims within 30 (thirty) days of arising of the cause of dispute/ claim failing which no
disputes/ claims of the contractor shall be entertained by the company.

Effort shall be made to resolve the dispute in two stages

In first stage dispute shall be referred to Area GM or GM/HoD(C). If difference still persist the dispute
shall be referred to a committee constituted by the owner. The committee shall have one member of
the rank of Director of the company who shall be chairman of the committee.
If differences still persist, then matter shall be resolved through conciliation.

Conciliation: The party initiating conciliation shall send a written invitation to the other party to
conciliate and proceedings shall commence when the other party accepts the initiations to
conciliation. The parties may agree on the name of a sole conciliator or each party may appoint one
conciliator. The conciliation shall assist the parties to reach an amicable settlement of their dispute.
When the parties sign the settlement agreement, it shall be final and binding on the parties. The
conciliator shall authenticate the settlement agreement and furnish a copy thereof to each party.

If differences still persist, the settlement of the dispute shall be resolved in the following manner:
Dispute or differences relating to the interpretation and application of the provisions of commercial
contract(s) between Central Public Sector Enterprises (CPSEs) / Port Trusts inter se and also between
CPSEs and Government Departments / Organizations (excluding disputes relating to Railways, Income
Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for
its resolution through AMRCD as mentioned in DPE OM No. 05/0003/2019-FTS-10937 dated 14th
December, 2022 and the decision of AMRCD on the said dispute will be binding on both the parties.

In case of parties other than Govt. Agencies, the redressal of the dispute may be sought through
Arbitration (THE ARBITRATION AND CONCILIATION ACT, 1996 as amended by AMENDMENT ACT of
2015).

16A. Settlement of Disputes through Arbitration

i) Normally, there should not be any scope of dispute between the employer (department) and the
contractor after entering into a mutually agreed valid contract. However, due to various unforeseen
reasons, disputes may arise during the progress of the contract between the employer (department)
and the contractor. Therefore, the conditions governing the contract shall contain suitable provision
for settlement of such disputes / differences binding on both the parties.
(ii) Mode of settlement of such disputes/differences shall be through Arbitration. However, when a
dispute/difference arises, then, depending on the position of the case, either the employer
(department) or the contractor shall give notice to the other party of its intention to commence
arbitration. The applicable arbitration procedure will be as per the Arbitration and Conciliation Act,
1996 as amended by Amendment Act of 2015.
(iii) Venue of Arbitration: The venue of arbitration shall be the place from where the contract has
been issued.
(iv) Applicable Law: The contracts shall be interpreted in accordance with the laws of the Union of
India.
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CONDITIONS OF CONTRACT
(v) Legal Advice:
While processing a case for arbitration, the purchase organization is to take legal advice, at
appropriate stages from competent authorities viz their Legal Department.
(vi) Following clause shall be included in the General Conditions of the Contract (GCC):

Sole Arbitration Clause:

In the event of any question, dispute or difference arising under these terms & conditions or any
condition contained in this contract or interpretation of the terms of, or in connection with this
Contract (except as to any matter the decision of which is specially provided for by these conditions),
the same shall be referred to the sole arbitration of a person, appointed to be the arbitrator by the
Competent Authority of CIL / CMD of Subsidiary Company (as the case may be). The award of the
arbitrator shall be final and binding on the parties of this Contract.
(a) In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to
act for any reason, or his/her award being set aside by the court for any reason, it shall be lawful for
the Competent Authority of CIL / CMD of Subsidiary Company (as the case may be) to appoint
another arbitrator in place of the outgoing arbitrator in the manner aforesaid.
(b) It is further a term of this contract that no person other than the person appointed by the
Competent Authority of CIL / CMD of Subsidiary Company (as the case may be) as aforesaid should
act as arbitrator and that, if for any reason that is not possible, the matter is not to be referred to
Arbitration at all.
Subject as aforesaid, Arbitration and Conciliation Act, 1996 as amended by Amendment Act of 2015,
and the rules thereunder and any statutory modification thereof for the time being in force shall be
deemed to apply to the Arbitration proceedings under this clause.
The venue of arbitration shall be the place from which the contract is issued or such other place as
the Chairman, CIL / CMD of Subsidiary Company (as the case may be) at his discretion may
determine.
(vii) Contracts with Partnership firm/ Joint Venture: A partner is the implied authority to bind the
firm in a contract coming in the purview of the usual business of the firm. The implied authority of a
partner, however, does not extend to enter into arbitration agreement on behalf of the firm.
Therefore, while entering into a contract with partnership firm /Joint Venture care should be taken to
obtain consent of all the partners to the arbitration agreement.
A suitable clause for obtaining consent of all the partners to the arbitration agreement shall be
included in the General Conditions of the Contract (GCC).
viii) In cases where CIL/ Subsidiary has challenged an arbitral award and as a result, the amount of
the arbitral award has not been paid, 75% of the arbitral award (which may include interest up to
date of the award) shall be paid by CIL/ Subsidiary to the contractor/ concessionaire against a Bank
Guarantee (BG). The BG shall only be for the said 75% of the arbitral award as above and not for the
interest which may become payable to CIL/ Subsidiary should the subsequent court order require
refund of the said amount.

The payment may be made into a designated Escrow Account with the stipulation that the proceeds
will be used first, for payment of lenders' dues, second, for completion of the project and then for
completion of other projects of CIL/ Subsidiary as mutually agreed/ decided. Any balance remaining
in the escrow account subsequent to settlement of lenders' dues and completion of projects of CIL/
Subsidiary may be allowed to be used by the contractor/ concessionaire with the prior approval of
the lead banker and CIL/ Subsidiary. If otherwise eligible and subject to contractual provisions,
retention money and other amounts withheld may also be released against BG.

The only circumstances in which such payment need not be made is where the contractor declines,
or is unable, to provide the requisite bank guarantee and/or fails to open a escrow account as
required. Persons responsible for not adhering to are liable to be held personally accountable for the
additional interest arising, in the event of the final court order going against the procuring entity
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CONDITIONS OF CONTRACT

17. E-way Bill:

The e-way bill required in connection with supply of goods or services, if any, shall be arranged by
the supplier/vendor. However, the e-way bill will be arranged by CIL/Subsidiary if the
supplier/vendor is unregistered one or if provisions of the relevant Act and the rules made there
under specifically states that the e-way bill is required to be issued by recipient of goods.

18. Recovery: In the event of recovery of any claim towards LD charges, penalty, fee, fine or any
other charges (Except EMD) from the supplier/vendor, the same will be recovered with the GST,
if applicable, and the amount shall be adjusted with the payment to be made to the
supplier/vendor against their bill/invoice or any other dues.

19. Provision of Electrical License: The contractor shall submit valid electrical license either in his
name or of his authorized representative/supervisor [under whose supervision electrification
work (internal and/or external) will be executed] issued by Electrical Licensing Board / Authority
of the Indian State / UT, in accordance with Indian Electricity Rule before execution of electrical
works, if any.

20. Guidelines on Debarment of firms from Bidding-

CIL and its Subsidiary Companies shall follow the following guidelines for effecting ‘Debarment of
firms from Bidding’ with a contracting entity in respect of Works and Services Contracts.
1. Observance of Principle of Natural Justice before debarment of firm from Bidding. The
bidder/contractor shall not be debarred unless such bidder/contractor has been given a
reasonable opportunity to represent against such debarment (including personal hearing, if
requested by the bidder/contractor).

2. The terms ‘banning of firm’, ‘Suspension’, ‘Blacklisting’ etc. convey the same meaning as of
‘Debarment’.

3. The order of debarment shall indicate the reasons(s) in brief that lead to debarment of the
firm.

4. The contracting entity may be debarred from bidding in the following circumstances: -

i) Withdrawal of Bid as per relevant provisions of tender document.

ii) If L-1 Bidder fails to submit PSD, if any and/or fails to execute the contract within stipulated
period.

iii) If L-1 Bidder fails to start the work on scheduled time.

iv) In case of failure to execute the work as per mutually agreed work schedule.

v) Continued and repeated failure to meet contractual Obligations:

a. In case of partial failure on performance, agency shall be debarred from future participation
intenders keeping his present contract alive.

b. On termination of contract.

vi) Willful suppression of facts or furnishing of wrong information or manipulated or forged

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CONDITIONS OF CONTRACT
documents by the Agency or using any other illegal/unfair means.

vii) Formation of price cartels with other contractors with a view to artificially hiking the price.

viii) The contractor fails to maintain/ repair/ redo the work up to the expiry of performance
guarantee period, when it is specifically brought to his notice.

ix) Contractor fails to use Mobilisation advance (if any) given to him for the purpose it was
intended.

x) Contractor fails to renew the securities deposited to the department.

xi) The contractor fails to rectify any lapse(s) in quality of the work done within defect
liability period.

xii) Transgression of any clause(s) relating to Contractor’s obligation defined in the Integrity Pact
wherever such Pact exists.

xiii) Any other breach of Contractor misdeed which may cause financial loss or commercial
disadvantage to the Company.

xiv) If it is determined that the bidder has breached the Code of Integrity for Public Procurement
(CIPP) as provided in the tender document.

xv) False declarations w.r.t Make in India Order.

xvi) In case of supply of sub-standard materials, sub-standard quality of work, non-execution of

work, non-supply of materials, failure to abide by bid securing declaration (if any) etc.

xvii) In case of price cartel, matter shall be reported to the Competition Commission and
requesting, inter-alia, to take suitable strong actions against such firms.

5. Such ‘Debarment, if any when effected, shall be with prospective effect only. The effect of
‘Debarment’ shall be for future tenders from the date of issue of such Order. No contract of any
kind whatsoever shall be placed to debarred firm after the issue of a debarment order by
DoE/MoC/CIL/Subsidiary (as applicable) if such debarment has been done before the last date of
bid submission. Even in the case of risk purchase, no contract should be placed on such debarred
firms.

In case, any debarred firms have submitted the bid, the same will be ignored. In case such firm is
lowest(L-1), next lowest firm shall be considered as L-1. Bid security/ EMD submitted by such
debarred firms shall be returned to them.

The contracts concluded i.e. issue of LOA/issue of work order, before the issue of the debarment
order shall not be affected by the debarment orders.

6. In case CIL is of the view that a particular firm should be banned across all the Ministries/
Departments by debarring the firm from taking part in any bidding procedure floated by the
Central Government Ministries/Departments, CIL may refer the case to MoC with the approval of
Chairman, CIL for referring the case DoE with a self-contained note setting out all the facts of the
case and the justification for the proposed debarment, along with all the relevant papers and
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CONDITIONS OF CONTRACT
documents.

This shall be done only in those case where debarment has been done across CIL and its
Subsidiaries.

7. The debarment shall be for a minimum period of one year and shall be effective for the
concerned Subsidiary for the tenders invited at Subsidiary level. Similarly, in case of tenders of CIL
HQ, debarment shall be for CIL HQ. However, if such ‘debarment’ has to be made effective for
entire CIL and its Subsidiaries then approval of Chairman, CIL shall be required. The period of
debarment shall not exceed 02(Two) years. In case of clause (4)(vi) & (xv) above, period of
debarment shall be 02(Two)years.

8. Once a contracting entity is debarred, it shall be extended to the constituents of that entity, i.e.
partners (jointly and severally) in case of Joint Venture, all the partners (jointly and severally) in
case of Partnership Firm, owner/proprietor in case of Proprietorship Firm. The names of partners
should be clearly specified in the Debarment Order. If such debarred owner/Proprietor/Partner
make/form different Firms/entity and attempts to participate in tenders, the same shall not be
entertained during the currency of such debarment. In case the contracting entity being debarred
is a Company then only the Company shall be debarred.

9. The above ‘Debarment’ shall be in addition to other penal provisions of NIT/Contract

document.

10. Debarment in any manner does not impact any other contractual or other legal rights of CIL
and/or its Subsidiaries.

11. In case of shortage of firms (less than three eligible firms) in a particular group, such
debarments may also hurt the interest of CIL and/or its Subsidiaries. In such cases, endeavour
should be to pragmatically analyse the circumstances, try to reforms the firm and may get a
written commitment from the firm that its performance will improve.

12. Approving Authority: The ‘Debarment’ of a contracting entity shall be done with the approval
of the Competent Authority as per the details below:

a) In case the Accepting Authority of the work is Board or Empowered Committee or FDs or CMD
of CIL/Subsidiary Company, then the Competent Authority for debarment shall be CMD of
CIL/Subsidiary Company.

b) In case the Accepting Authority of the work is up to the level of Director of CIL/Subsidiary
Company, then the Competent Authority for debarment shall be Director of CIL/Subsidiary
Company.

13. An order for debarment passed shall be deemed to have been automatically revoked on the
expiry of that period and it shall not be necessary to issue a specific formal order of revocation.

A debarment order may be revoked before the expiry of the Order, by the competent authority, if
it is of the opinion that the disability already suffered is adequate in the circumstances of the case
or for any other reason.

14. Appellate Authority for debarment orders shall be CMD of CIL/ Subsidiary Company. In case
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CONDITIONS OF CONTRACT
the debarment is done with the approval of CMD of the Subsidiary Company then Chairman, CIL
shall be Appellate Authority. The appellate authority in case debarment is done with approval of
Chairman CIL, shall be CFD of CIL.

15. Any change on the above maybe done with approval of FDs of CIL.

16. All the orders of debarment or orders passed in appeal shall be marked to GM(CMC) / Civil
/concerned HODs of CIL/Subsidiary Company/ Application Admin of e-procurement portal of
CIL/Nodal officers of Subsidiaries. Application Admin of e-procurement portal of CIL/Nodal
officers of Subsidiaries shall maintain the master data of such banned firms which shall be made
available in the public domain (i.e. on the website of CIL/Subsidiaries/ e-Procurement portal of
CIL).

@@@@@
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ADDITIONAL TERMS AND CONDITIONS

The following additional terms and conditions are also acceptable to the company. The tenderers are
requested not to quote any further additional conditions in the tender.

1. Mobilization Advance

NOT APPLICABLE FOR THIS TENDER

2. Application of Price Variation Clause.

If the prices of materials (not being the materials supplied at fixed issue rates by the company)
and wages of labour required for execution of the work increase or decrease, the contractor
shall be compensated for such increase or recoveries will be made from the bills for such
decrease as per provisions detailed hereafter:

a) The amount of the contract shall accordingly be varied subject to the condition that such
compensation for escalation/ de-escalation in price shall be available only for the work
done during the stipulated period of the contract including such period for which the con-
tract is validly extended under the provisions of the contract without any penal action as
detailed in clause no. 2.6. The Price Variation Clause shall not be applicable for works for
which stipulated period of completion is less than one year.

b) The base date for working out such escalation/de-escalation shall be the last date on
which the bids (inclusive of price part) or revised price bids (inclusive of revised offer)
were stipulated to be received.

c) The compensation for escalation or recoveries to be made shall be worked out at quar-
terly intervals and shall be with respect to the cost of work done during the previous
three months. The first such payment will be made at the end of three months after the
month (excluding) in which the tender was accepted and thereafter at three months' in-
terval.

d) Job specific modification in the formulae of price variation given in the following para(s)
can be done with the approval of the CMD of the company

2.1 Escalation/ De-escalation for Labour: The amount paid to the contractor for the work done
shall be adjusted for increase or decrease in the cost of labour and the cost shall be calculated
quarterly in accordance with the following formula :

VL = W

Where :

VL= Variation in labour cost i.e., increase or decrease in the amount

in rupees to be paid or recovered.
W= Value of work done during the period under reckoning to which the escalation/de-
escalation relates as indicated in clause-2.4 of the Additional Terms & Conditions of
the contract.
A= Component of labour expressed as percentage of the total value of the
work adopted from the Table-1.
 85
Lo = Minimum wages for unskilled workers payable as per the Minimum Wages Act /
Rules of the State or Central Govt., whichever is more, applicable to the place of work
as on the last date stipulated for receipt of the bids (inclusive of price part) or revised
price bids whichever is later.
L= Revised minimum wages of unskilled worker corresponding to Lo during the period to
which the escalation/de-escalation relates.
2.2 Escalation /De-escalation on Materials: The amount to be paid to the contractor for the work
done will be adjusted for increase or decrease in the cost of materials and the cost shall be
calculated quarterly in accordance with the following formula :

Vm = W

Where :

Vm = Variation in the material cost i.e. increase or decrease in the amount in rupees to be
paid or recovered.
W= Cost of work done during the period under reckoning to which the escalation / de-
escalation relates as indicated in clause-2.4 of the Additional Terms & Conditions of the
contract.
B = Component of material expressed as percentage of the total value of the work adopted
from the Table -1.
M = Average All India Wholesale Price Index for all commodities for the period to which
escalation/de-escalation relates as published by the RBI Bulletin, Ministry of
Industry & Commerce, Govt. of India.
Mo = All India Wholesale Price Index for all commodities as published by the RBI Bulletin,
Ministry of Industry & Commerce, Govt. of India, relating to the last date on which the
bids (inclusive of price part) or revised price bids whichever is later were stipulated to
be received.
2.3 Escalation/ De-escalation on POL : The amount to be paid to the contractor for the work
done shall be adjusted for the increase or decrease in the cost of POL and the cost shall be
calculated quarterly in accordance with the formula given below :

Vf = W

Where :

Vf = Variation in the cost of fuel, oil and lubricants i ncrease or decrease in the rupees to be
paid or recovered.

W= Value of work done during the period under reckoning to which the escalation/ de-
escalation relates as indicated in clause 2.4 of the Additional terms & Conditions of the
contract.

C = Component of POL expressed as percentage of the total cost of the work taken from Table -
1.

F = Average Index Number for wholesale price for the group of `Fuel, Power, Light &
Lubricants' as published by the Economic Adviser, Ministry of Industry, Govt. of India for
 86
the period to which the escalation/de-escalation relates.

Fo = Index number of wholesale price for the group, Fuel, Power, light & lubricants as published
by the Economic Adviser, Ministry of Industry, Govt. of India prevalent on the last date of
receipt of bids (inclusive of Price Part) or revised price bids whichever is later.

2.4 While calculating the value of "W" the following may be noted : The cost on which the esca-
lation will be payable shall be reckoned as 85 % of the cost of work as per the bills to which es-
calation relates, and from this amount the value of materials supplied or services rendered at
the prescribed charges under the relevant provisions of the contract, and proposed to be re-
covered in the particular bill, shall be deducted before the amount of compensation for escala-
tion or de-escalation is worked out. In the case of materials brought to site for which any se-
cured advance is included in the bill, the full value of such materials as assessed by the Engi-
neer-in-Charge (and not the reduced amount for which secured advance has been paid) shall
be included in the cost of work done for operation of this clause. Similarly, when such materials
are incorporated in the work and the secured advance is deducted from the bill, the full as-
sessed value of the materials originally considered for operation of this clause should be de-
ducted from the cost of the work shown in the bill, running or final. Further the cost of work
shall not include any work for which payment is made at prevailing market rates.

2.5 In the event the price of materials and/ or wages of labour required for execution of the work
decreases, there shall be downward adjustment of the cost of work so that such price of mate-
rials and/or wages of labour shall be deductible from the cost of work under this contract and
in this regard the formulae herein before stated under this clause shall mutatis/mutandis apply.
No such adjustment for the increase / decrease in material price and/ or wages of labour be-
fore mentioned would be made in case of contracts in which the stipulated period of comple-
tion of the work is less than one year.

2.6 Application of Price Variation Clause during extended period of Contracts.

The Price Variation Clause as stated above will be applied for extended time frame of a contract
by following the principle stated as under:

i) Normally, if and when it is understood that a contract is not going to be completed within
the scheduled time period, the contract is kept operative by extending the time of
completion provisionally. During this provisional extended period the operation of the
Price Variation Clause will remain suspended.

ii) If and when it is decided at the end of the successful completion of the work that the
delay was due to causes not attributable to the contractor, then the Price Variation
Clause will be revived and applied as if the scheduled date of completion has been
shifted to the approved extended date.

iii) If it is decided at the end of successful completion of the work that the delay was due to
the fault of the contractor then the Price Variation Clause will not be revived for the
purpose of escalation but shall be revived and applied for the purpose of de-escalation
and no further payment will be made to the contractor on account of any escalation
during this period but recovery shall be made for de-escalation, if any. Additionally, the
Clause related to Compensation for delay will be applied.
iv) If it is decided at the end of successful completion of work, the delay was partly due to
the fault of the contractor and partly due to the fault of the employer and thereby
Liquidated Damages (LD)/compensation due to delay is imposed then price variation
 87
clause for the purpose of escalation shall not be revived for this extended period, but
shall be revived and applied for the purpose of de-escalation.
No payment will be made by applying “FROZEN INDICES “under any circumstances.
Table – 1
Value of A, B & C in the escalation formula in the additional terms & conditions for Civil Works :
Sl Particulars A% (Labour B% (Material C% (POL Remarks
Component) Component) Component)

1 For building works 25 75 Nil

2 For Road works 15 80 05 ---

3 For external sewerage, 10 90 Nil

External water supply, and
external electrification

4 For external water supply, 75 25 Nil

external sanitary and external
electrification (through labour
rate contract)

5 For steel structural works 15 85 Nil

For steel structural works with

Deptt. free supply of rolled
6 steel sections (through labour 75 25 Nil
rate contract)

7 For Coal Handling Plant Civil 25 75 Nil

Works

8 For under-ground civil works 35 65 Nil.

such as Incline Drivage, Shaft
Sinking etc.

9 For only labour oriented works 100 Nil Nil

of maintenance nature.
For all other works not listed above, the component of labour, material and POL of the total
cost of work shall be as specifically indicated in the tender document.
 88

SAFETY CODE

The Contractor must ensure safety of workmen as well as safety for the general public during
construction in and around work-site. The contractor must follow the laws, codes and standards laid
down in this regard. The work men must be trained and provided protective gear, life-saving
equipment and appropriate tools for their jobs. Special precautions must be used if hazardous
chemicals are used or stored at workplace (lead, silica, asbestos and wood/stone that will be cut and
generate dust, construction materials containing zinc, cadmium, beryllium and mercury). Besides
protection from noise and environmental pollution, public must also be safeguarded from falling
through dug-up area, electrocution, flooding, falling objects, bridge-span dropping/ failures, crane
falling/ overturning and damage to building from vibrations/ cave-ins from construction activities.
Engineer must ensure that contractor does not adopt any short-cut in this regard. Appointment of site
safety engineer by the contractor is a mandatory requirement (in case estimated cost is Rs 100 Cr or
more). In tenders with estimated cost is less than Rs 100 Cr, site in-charge of the contractor will also act
as safety engineer. In case estimated cost of Rs 100 Cr or more, the engineer shall engage safety experts
to carry out frequent safety audits and mandate correct measures.

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from
the ground, or from solid construction except such short period work as can be done safely from
ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the
ladder is used for carrying materials as well suitable footholds and hand-hold shall be provided on
the ladder and the ladder shall be given an inclination not steeper that ¼ to 1 ( ¼ horizontal and 1
vertical).

2. Scaffolding of staging more than 3.6 m (12ft). above the ground or floor, swung or suspended from
an overhead support or erected with stationary support shall have a guard rail properly attached or
bolted, braced and otherwise secured at least 90 cm (3ft) high above the floor or platform of such
scaffolding or staging and extending along the entire length of the outside and ends thereof with
only such opening as may be necessary for the delivery of materials. Such scaffolding or staging
shall be so fastened as to prevent it from swaying from the building or structure.

3. Working platforms, gangways and stairways should be so constructed that they should not sag
unduly or unequally, and if the height of the platform or the gangway or the stairway is more than
3.6 m (12ft) above ground level, they should be closely boarded, should have adequate width and
should be suitably fastened as described in (2) above.

4. Every opening in the floor of a building or in a working platform shall be provided with suitable
means to prevent the fall of person or materials by providing suitable fencing or railing whose
minimum height shall be 90 cm (3ft).

5. Safety means of access shall be provided to all working platforms and other working places. Every
ladder shall be securely fixed. No portable single ladder shall be over 9 m (30ft) in length while the
width between side rails in rung ladder shall in no case be less than 20 cm (11 ½”) for ladder upto
and including 3 m (10ft) in length. For longer ladders, this width should be increased at least ¼” for
additional 30 cm (1ft.) of length. Uniform step spacing of not more than 30 cm shall be kept.
Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on
any of the sites or work shall be so stacked or placed as to cause danger or inconvenience to any
person or the public. The contractor shall provide all necessary fencing and lights to protect the
public from accident and shall be bound to bear the expenses of defence of every suit, action or
other proceedings at law that may be brought by any person for injury sustained owing to neglect
 89
of the above precautions and to pay any damages and cost which may be awarded in any such suit;
action or proceedings to any such person or which may, with the consent of the contractor, be paid
to compensate any claim by any such person.

6. Excavation and Trenching: All trenches 1.2 m (4ft) or more in depth, shall at all times be supplied
with at least one ladder for each 30 m. (100 ft.) in length or fraction thereof. Ladder shall extend
from bottom of the trench to at least 90 cm (3ft) above the surface of the ground. The side of the
trenches which are 1.5 m (5ft) or more in depth shall be stepped back to give suitable slope or
securely held by timber bracing, so as to avoid the danger of sides collapsing. The excavated
materials shall not be placed within 1.5 m (5ft) of the edges of the trench or half of the depth of
the trench whichever is more. Cutting shall be done from top to bottom. Under no circumstances,
undermining or undercutting shall be done.

7. Demolition: before any demolition work is commenced and also during the progress of the work,
a) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
b) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus
used by the operator shall remain electrically charged.
c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or
explosion or flooding. No floor, roof or other part of the building shall be so overloaded with
debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should
be kept available for the use of the person employed on the site and maintained in a condition
suitable for immediate use, and the contractor should take adequate steps to ensure proper use of
equipment by those concerned: - The following safety equipment shall invariably be provided.

i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided
with protective footwear and protective goggles.

ii) Those engaged in white washing and mixing or stacking of cement bags or any material which is
injurious to the eyes, shall be provided with protective goggles.

iii) Those engaged in welding works shall be provided with welder’s protective eye-shields.

iv) Stone breaker shall be provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.

v) When workers are employed in sewers and manholes, which are in active use, the contractors
shall ensure that the manhole covers are opened and ventilated at least for an hour before the
workers are allowed to get into the manholes, and the manholes so opened shall be cordoned
off with suitable railing and provided with warming signals or boards to prevent accident to the
public. In addition, the contractor shall ensure that the following safety measures are adhered
to: -

a) Entry for workers into the line shall not be allowed except under supervision of the
Engineering Assistant or any other higher officer.

b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3
hours before any man is allowed to enter into the manhole for working inside.

c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate paper
which changes colour in the presence of such gases and gives indication of their presence.
 90
d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In
case, no Oxygen is found inside the sewer line, workers should be sent only with Oxygen kit.

e) Safety belt with rope should be provided to the workers. While working inside the manholes,
such rope should be handled by two men standing outside to enable him to be pulled out
during emergency.

f) The area should be barricaded or condoned of by suitable means to avoid mishaps of any
kind. Proper warming signs should be displayed for the safety of the public whenever
cleaning works are undertaken during night or day.

g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.

h) The malba obtained on account of cleaning of blocked manholes and sewer lines should be
immediately removed to avoid accidents on account of slippery nature of the malba.

i) Workers should not be allowed to work inside the manhole continuously. He should be
given rest intermittently. The Engineer-in-Charge may decide the time up to which a worker
may be allowed to work continuously inside the manhole.
j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.

k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for,
portable air blowers are recommended for ventilating the manholes. The Motors for these
shall be vapour proof and of totally enclosed type. Non-sparking gas engines also could be
used but they should be placed at least 2 meters away from the opening and on the leeward
side protected from wind so that they will not be a source of friction on any inflammable
gas that might be present.

l) The workers engaged for cleaning the manholes / sewers should be properly trained before
allowing to work in the manhole.

m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets and
gloves non-sparking tools safety lights and gas masks and portable air blowers (when
necessary). They must be supplied with barrier cream for anointing the limbs before
working inside the sewer lines.

n) Workmen descending a manhole shall try each ladder stop or rung carefully before putting
his full weight on it to guard against insecure fastening due to corrosion of the rung fixed to
manhole well.

o) If a man has received a physical injury, he should be brought out of the sewer immediately
and adequate medical aid should be provided to him.

p) The extents to which these precautions are to be taken depend on individual situation but
the decision of the Engineer-in-Charge regarding the steps to be taken in this regard in an
individual case will be final.

vi) The Contractor shall not employ men and women below the age of 18 years on the work of
painting with products containing lead in any form. Wherever men above the age of 18 are
employed on the work of lead painting, the following precaution should be taken: -

a) No paint containing lead or lead products shall be used except in the form of paste or
readymade paint.
 91
b) Suitable face masks should be supplied for use by the workers when paint is applied in the
form of spray or a surface having lead paint is dry rubbed and scrapped.

c) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be
provided to enable the working painters to wash during and on the cessation of work.

d) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust
caused by dry rubbing down and scraping.

e) Adequate facilities shall be provided to enable working painters to wash during and on
cessation of work.

f) Overall shall be worn by working painters during the whole of working period.

g) Suitable arrangement shall be made to prevent clothing put off during working hours being
spoiled by painting materials.

9. When the work is done near any place where there is risk of drowning, all necessary equipment
should be provided and kept ready for use and all necessary steps taken for prompt rescue of any
person in danger and adequate provision, should be made for prompt first aid treatment of all
injuries likely to be obtained during the course of the work.

10. Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following standards or conditions: -

i) (a) These shall be of good mechanical construction, sound materials and adequate strength and
free from patent defects and shall be kept repaired and in good working order.

(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of
durable quality and adequate strength, and free from patent defects.

ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person
under the age of 21 years should be in charge of any hoisting machine including any scaffolding
winch or give signals to operator.
iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block
used in hoisting or as means of suspension, the safe working load shall be ascertained by
adequate means. Every hoisting machine and all gear referred to above shall be plainly marked
with the safe working load. In case of a hoisting machine having a variable safe working load
each safe working load and the condition under which it is applicable shall be clearly indicated.
No part of any machine or any gear referred to above in this paragraph shall be loaded beyond
the safe working load except for the purpose of testing.

iv) In case of departmental machines, the safe working load shall be notified by the Electrical
Engineer-in-Charge. As regards contractor’s machines the contractors shall notify the safe
working load of the machine to the Engineer-in-Charge whenever he brings any machinery to
site of work and get it verified by the Electrical Engineer concerned.

12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances
should be provided with efficient safeguards. Hoisting appliances should be provided with such
means as will reduce to the minimum the risk of accidental descent of the load. Adequate
precautions should be taken to reduce to the minimum the risk of any part of a suspended load
becoming accidentally displaced. When workers are employed on electrical installations which are
already energized, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be
 92
necessary should be provided. The worker should not wear any rings, watches and carry keys or
other materials which are good conductors of electricity.

13. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in
safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use.
Adequate washing facilities should be provided at or near places of work.

14. These safety provisions should be brought to the notice of all concerned by display on a notice
board at a prominent place at work spot. The person responsible for compliance of the safety code
shall be named therein by the contractor.

15. To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the contractor shall be open to inspection by the Labour Officer or
Engineer-in-Charge of the department or their representatives.

16. Notwithstanding the above clauses from (1) to (15), there is nothing in these to exempt the
contractor from the operations of any other Act or Rule in force in the Republic of India.
 93

TECHNICAL SPECIFICATIONS

Technical Specifications to be followed:

Civil Engineering Works

Latest CPWD specification shall be adopted. Presently CPWD specifications 2019 Vol. I & II is in vogue
which may be followed. These specifications cover all type of Building Works. The specifications are
available as a printed document issued by CPWD and also in soft copy PDF format in CPWD website.

However, the specification of CPWD conforming to the adopted DSR/SOR of CIL/Subsidiary shall be
adopted.

Electrical Engineering Works

Latest CPWD specification shall be adopted. Presently the following are in vogue:

Part No. Description Year Of Issue

I Internal 2013

III Lifts And Escalators 2003

V Wet Riser And Sprinklers System 2020

VI Heating, Ventilation And Air 2017

Conditioning Works

However, the specification of CPWD conforming to the adopted DSR/SOR of CIL/Subsidiary shall be
adopted.

*Roads And Bridges

Standard specifications issued by ministry of surface transport may be followed. Presently MORTH
Specifications on roads and bridges 2013 is available. These specifications cover exhaustively various
roads and bridge works. (Applicable for important and major roads.)

However, the specification of MORTH conforming to the adopted DSR/SOR of CIL/Subsidiary may be
adopted.

*Delete if not applicable

 94

eTender Portal User Agreement

In order to create a user account and use the eTender portal you must read and accept this e-Tender
portal User Agreement.
A. UNDERTAKINGS TO BE FURNISHED ONLINE BY THE BIDDER

I DO HEREBY UNDERTAKE

1. That all the information being submitted by me/us is genuine, authentic, true and valid on the date
of submission of tender and if any information is found to be false at any stage of tendering or
contract period, I/We will be liable to the following penal actions apart from other penal actions
prescribed elsewhere in the tender document.

a. Cancellation of my/our bid/contract (as the case may be)

b. Forfeiture of EMD
c. Punitive action as per tender document

2. That I/we accept all terms and condition of NIT, including General Terms and Condition and
Special/Additional Terms and Condition as stated there in the tender document as available on the
website.

3. That I/we accept the Integrity Pact as given in the tender document (if applicable).

4. That I/we, am/are giving my/our consent for e-payment and submitting/ shall submit the mandate
form for e-Payment in the format as prescribed in the document in case, the work is awarded to us.

5. That I/we do authorize CIL/Subsidiary for seeking information/clarification from my Bankers having
reference in this bid.

6. That I/we will upload original/certified photo/scanned of all the relevant documents as prescribed
in the tender document in support of the information and data furnished by me/us online.

7. I/We confirm that I/We have not been banned or de-listed by any Govt. or Quasi Govt. agencies or
PSUs. In case We are banned or delisted this information shall be specifically informed to the
tender issuing authority.

8. That I/We accept all the undertakings as specified elsewhere in the tender document.

9. That this online agreement will be a part of my bid and if the work is awarded to me/us, this will be
a part of our agreement with CIL/Subsidiary Company.

B. TERMS AND CONDITIONS OF E-TENDER SERVICES AGREEMENT

COPYRIGHT NOTICE : Copyright©2013, Coal India Limited, India. All rights reserved.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIALON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the website solely for
your own non-commercial use provided that you agree that you shall not change or delete any
copyright or proprietary materials from the site.
 95
www.coalindiatenders.nic.in is an e-procurement portal of Coal India Limited/its Subsidiary.

THIS E-TENDER PORTAL AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE USER'S
TERMS AND CONDITIONS SET FORTH BELOW:

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU MAY NOT COMPLETE YOUR
REGISTRATION AND USE THE E-TENDER PORTAL WITHOUT AGREEING TO COMPLY WITH ALL OF THE
TERMS AND CONDITIONS SET FORTH BELOW.

BY REGISTERING THE USER NAME AND PASSWORD, YOU AGREE TO ABIDE BY ALL THE TERMS AND
CONDITIONS SET FORTH BELOW:

Bidder Registration, Password and Security:

Upon successful completion of Registration online, User ID and Password will be registered. You can
login, only by giving valid User ID and Password and then signing with your valid Digital Signature
Certificate.

The Online registration/enrolment of bidder on the portal should be done in the name of the bidder.

The person whose DSC is attached to the Registered Bidder should be either the bidder himself Or,
duly authorized by the Bidder.

User ID and password are strictly personal to each Authorised User and non-transferable. The User
shall ensure that its Authorised Users do not divulge or disclose their user ID or password to third
parties. In the event that the Authorised User comes to know that the User ID/Password has been/
might have been divulged, disclosed or discovered by any third party, user or its authorized user shall
immediately modify the password using "Change Password" option. CIL/subsidiary will have no
responsibility or obligation in this regard.

At the time of enrolment in the e-Tendering portal of CIL/its Subsidiaries, the Bidders should ensure
that the status of DSC is active on this site. The activation of newly issued DSC may take 24 hrs or
more. Hence Bidders who are obtaining new DSC should register at least 24 hrs before the submission
of Bid.

By registering in this portal, you forthwith assume the responsibility for maintaining the confidentiality
of the Password and account, and for all activities that occur under your Password or Account. You
also agree to (a). immediately notify by e-mail to Application Administrator/Nodal officer, of any
unauthorized use of your Password or Account or any other breach of security, and (b) ensure that you
log-out from your account at the end of each session. CIL/its Subsidiaries shall not be liable for any
loss or damage caused to you due to your failure to comply with the foregoing.

Registered user can modify or update some of the information in their profile as and when required at
their own discretion. However, some information such as "User ID" are protected against changes by
Bidder after enrolment and some other information such as "Bidder Name" etc. are protected against
changes by Bidder after bid submission.

Modification of software:

With consent of Project Advisory Committee, e-procurement of CIL, the Administrator of e-Tender
portal, reserves the right to modify, add, delete and/or change the contents, classification and
presentation of the information on the market place at any time as it may in its absolute discretion
find to be expedient and without giving any notice. It is the users responsibility to refer to the terms
and/or any change or addition to the same while accessing the site.
 96

Coal India Limited reserves right to interrupt/suspend the availability of the e-Tender system without
any notice to the users.

System Requirements:

It is the user’s responsibility to comply with the system requirements: hardware, software, Internet
connectivity at user premises to access the eTender portal as mentioned in the home page in the link
"Resources Required".

Under any circumstances, CIL shall not be liable to the Users for any direct/indirect loss incurred by
them or damages caused to them arising out of the following:

(a). Incorrect use of the e-Tender System, or;

(b). Internet Connectivity failures in respect of the equipment used by the Users or by the Internet
Service Providers, or;

(c). Inability of the Bidder to submit their bid due to any DSC related problems, hardware, software or
any other factor which are personal/ special/local to the Bidder.

Contents of Tender Information:

Tenders shall be published by the authorized Tender Inviting Authorities of the respective Tendering
entities of CIL/subsidiary. In case of any clarifications arising out of the tenders, the users have to
contact the respective Tender Inviting Authority.

Bid Submission Acknowledgement:

The User should complete all the processes and steps required for Bid submission. The successful Bid
submission can be ascertained once acknowledgement is given by the system through Bid Submission
number i.e. Bid ID, after completion of all the processes and steps. Coal India Limited is not
responsible for incomplete bid submission by users. Users may also note that the incomplete bids will
not be saved by the system and so the same will not be available to the Tender Inviting Authority for
processing.
The acknowledgment is the only confirmation of submission of bid, which the bidder can show as a
proof of participating in the tender. Other than this acknowledgement, no proof will be considered as
a confirmation to the submission of a bid. If the bidder fails to produce this acknowledgement
required for verification in case of dispute, his claim for submission of bid may not be considered.

Upload files:

The bidders have to ensure that the files being uploaded by them are free from all kinds of viruses and
contain only the relevant information as stated by the Tender Inviting Authorities for the particular
tender. It is not obligatory on the part of CIL/subsidiary to read each and every document uploaded by
the Bidder. If any bidder/Company has uploaded/attached irrelevant data, bogus or fabricated
certificates towards his qualification requirements to the respective tender then their User account
will be liable for termination permanently or temporarily by CIL/subsidiary without any prior notice.

User Conduct:

You agree that all information, data, text, software, photographs, graphics, messages or other
materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content is originated. This means that you are entirely responsible for all
 97
Content that you upload, post, email or otherwise transmit via the eTender portal.

CIL/subsidiary does not control the Content posted via the e-Tender portal and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Hence under no circumstances,
CIL/subsidiary is liable in any manner for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, e-mailed or otherwise transmitted via the Site.

Amendments to a tender published:

You agree that the CIL/ Subsidiary companies reserves the right to re-tender /cancel a tender or
extend the closing date or amend the details of tender at any time by publishing corrigendum as
applicable.

Special Admonitions for International Use:

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online
content and acceptable Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data to and from India or the country in which you reside.

Links:

The Site may provide, links to other World Wide Web sites or resources. Because CIL/subsidiary has no
control over such sites and resources, you acknowledge and agree that the CIL/Subsidiary is not
responsible for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or available from
such sites or resources.
You further acknowledge and agree that the CIL/subsidiary shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, Goods or Services available on or through any such site or resources.

Miscellaneous:

This Agreement shall all be governed and construed in accordance with the laws of India & applicable
to agreements made and to be performed in India. The e-Tender portal's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. CIL/subsidiary may assign its rights and duties under this
Agreement to any party at any time without notice to you. Any rights not expressly granted herein are
reserved.

Governing Law:

Terms shall be governed by, and construed in accordance with, Indian law. The parties agree that the
principal civil court of the place where the registered office of Coal India/Subsidiary Company is
situated shall have non-exclusive jurisdiction to entertain any dispute with Coal India/Subsidiary
company. In case of dispute being with a regional Institute of CMPDIL, the principal Civil Court where
the said regional Institute is situated shall be place of suing.

CIL/subsidiary reserves the right to initiate any legal action against those bidders violating all or any of
the above-mentioned terms & conditions of e-Tender services agreement.

Modification of terms of Agreement:

 98
CIL/its Subsidiaries reserves the right to add to or change/modify the terms of this Agreement.
Changes could be made by us after the first posting to the Site and you will be deemed to have
accepted any change if you continue to access the Site after that time. CIL/its Subsidiaries reserves the
right to modify, suspend/cancel, or discontinue any or all services/ make modifications and alterations
in any or all of the content, at any time without prior notice.

Policy and Security:

General Policy:
CIL/its Subsidiaries is committed to protecting the privacy of our e-Tender site visitors. CIL/subsidiary
does not collect any personal or business information unless you provide it to us voluntarily when
conducting an online enrolment, bid submission etc. or any other transaction on the Site.

Information Collected:

When you choose to provide personal or business information to us to conduct an online transaction,
we use it only for the purpose of conducting the specific online transaction that you requested. The
information is also used for the purpose of vendor searches. For each online transaction, we require
only a minimum amount of personal and business information required to process your transaction.

When you visit our portal to browse, read pages, or download information, we automatically collect
and store only the following information:

The Internet domain and IP address from which you access our portal;

The date and time you access our portal;

The pages you visit

This information would help us to make our site more useful to visitors and to learn about the number
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We do not give, share, sell or transfer any personal information to a third party unless required to do
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When you choose to enter into an online transaction, we use cookies to save the information that you
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Security:

The Site has security measures in place to protect against the loss, misuse and alteration of
information under our control.
 99

ANNEXURES

Annexure-I

LETTER OF BID TO BE ACCEPTED UNCONDIOTIONALLY BY BIDDER DURING SUBMISSION

OF BID ONLINE

(TO BE ACCEPTED THROUGH GTE AT THE TIME OF BID SUBMISSION AND ONLINE
ACCEPTANCE DURING BIDDING THROUGH GTE SHALL BE CONSTRUED AS SUBMISSION OF
LETTER OF BID BY THE BIDDER.)
(NOT TO BE UPLOADED SEPARATELY)

To,
The Tender Inviting Authority
Western Coalfields Limited

Sub. : Letter of Bid for the work “Water proofing treatment of the roof slab with APP
(Atactic Polypropylene Polymer) 3mm thick at A,B and C type Quarters,
Koyla Vihar Colony of WCL HQ Nagpur.. “
Ref. : 1. NIT No.: “NAG/WCL/Civil-Welfare/E-44/2023-24/3584 dated:28.03.2024 “
2. Tender Id No. :“ 2024_WCL_305988_1 “

Dear Sir,
This has reference to above referred bid. I/we have read and examined the conditions of contract,
Scope of Work, technical specifications, BOQ and other documents carefully.

I /We am/are pleased to submit our bid for the above work. I/We hereby unconditionally accept
the bid conditions and bid documents as available in the website/e-Procurement portal, in its
entirety for the above work and agree to abide by and fulfill all terms and conditions and
specifications as contained in the bid document.

I/we here by submit all the documents as required to meet the eligibility criteria as per provision of
the bid notice/document.

I/We hereby confirm that this bid complies with the Bid validity, Bid Security and other documents
as required by the Bidding documents.

If any information furnished by me/us towards eligibility criteria of this bid is found to be incorrect
at any time, penal action as deemed fit may be taken against me/us for which I/We shall have no
claim against CIL/Subsidiary.

Until a formal agreement is prepared and executed, this bid and your subsequent Letter of
Acceptance/Work Order shall constitute a binding contract between us and Western Coalfields Ltd.

Should this bid be accepted, we agree to furnish Performance Security within stipulated date and
commence the work within stipulated date. In case of our failure to abide by the said provision
Western Coalfields Ltd. shall, without prejudice to any other right or remedy, be at liberty to
“cancel the letter of acceptance/ award and to forfeit the Earnest Money and also debar us from
participating in future tenders for a minimum period 12 months” OR to act as specified in the NIT.
 100

Annexure-II

UNDERTAKING TO BE ACCEPTED UNCONDITIONALLY BY BIDDER/S FOR GENUINENESS OF

THE INFORMATION FURNISHED ONLINE AND AUTHENTICITY OF THE DOCUMENTS
UPLOADED ONLINE IN SUPPORT OF HIS ELIGIBILITY

(TO BE ACCEPTED THROUGH GTE AT THE TIME OF BID SUBMISSION AND ONLINE
ACCEPTANCE DURING BIDDING THROUGH GTE SHALL BE CONSTRUED AS SUBMISSION OF
UNDERTAKING BY THE BIDDER)
(NOT TO BE UPLOADED SEPARATELY)

We solemnly declare that:

1 I/We am/are submitting Bid for the work Water proofing treatment of the roof slab
with APP (Atactic Polypropylene Polymer) 3mm thick at A,B and C type
Quarters, Koyla Vihar Colony of WCL HQ Nagpur. against Tender id No.
NAG/WCL/Civil-Welfare/E-44/2023-24/3584 / 2024_WCL_305988_1
Dated.28.03.2024 and I/we offer to execute the work in accordance with all the terms, conditions
and provisions of the bid.

2. All information furnished by us in respect of fulfilment of eligibility criteria and qualification

information of this Bid is complete, correct and true.

3. All copy of documents, credentials and documents submitted along with this Bid are genuine,
authentic, true and valid.

4. I/ We hereby authorize department to seek references / clarifications from our Bankers.

5. We hereby undertake that we shall register and obtain license from the competent authority
under the contract labour (Regulation & Abolition Act) as relevant, if applicable.

6. l/We do not have business relationship with any other participating Bidders, directly or through
common third parties, that puts us in a position to have access to information about or influence
on the bid of another Bidder.

7. l/We or any of my/our affiliate has/have not participated as consultant in the preparation of the
design or technical specification of the contract that is the subject of the bid.

8. If any information and document submitted is found to be false/ incorrect at any time,
department may cancel my/our Bid and action as deemed fit may be taken against me/us,
including termination of the contract, forfeiture of all dues and Debarment of our firm and all
partners of the firm etc from Bidding, as per the tender document.
 101

Annexure-III

THIS IS TO BE UPLOADED BY THE BIDDER (ON THE LETTER HEAD DURING SUBMISSION
OF BID ONLINE)

PROFORMA FOR UNDERTAKING REGARDING RELATIVES AS EMPLOYEES OF COMPANY,

ARBITRATION CLAUSE (IN CASE OF PARTNERSHIP FIRM/JV), LOCAL SUPPLIER STATUS OF
THE BIDDER ETC.:
I / We, ..................................................................................., Proprietor/Partner/Legal
Attorney/Director/ Accredited Representative of M/s. .................................., solemnly declare that:

1. Myself/Our Partners/Directors don’t has/have any relative as employee of Coal India

Limited/Subsidiary.
OR
The details of relatives of Myself/Our Partners/Directors working as employee of Coal India Limited
is as follows:
a) Name of the employee
b) Place of posting
c) Department
d) Designation
e) Type of relation - Wife/Husband/ Father/ Step-Father/Mother / Step-Mother/ Son/Step-son/
Son's wife / Daughter / Daughter's Husband / Brother/ Step-Brother/ Sister / Stet-Sister.

2. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make
necessary payments as required under law.
Or
*I/We hereby undertake that we shall take appropriate steps for registration as relevant under
CMPF / EPF authorities, if applicable. We shall make necessary payments as required under law.
* Delete whichever is not applicable.

3. ** I/We have not been debarred or banned or delisted by any Govt., or Quasi Govt. Agencies or
PSUs.
Or
**I / We ………………..have been debarred or banned by the organization named “__________” for a
period of…… year/s, effective from ……. to………
** Delete whichever is not applicable.

4.We,……………………..(Name of Partners of Partnership Firm/Joint Venture), partners

of …………………………..(Name of Partnership Firm/Joint Venture) hereby consent to abide by the
relevant provisions of General Terms and Conditions of CMM/MCEW pertaining to arbitration.
(Applicable in case of Partnership firm/Joint Venture)

Signature of the members of JV/ Signature of the partners of

Partnership firm (as the case may be)

5. We certify that the works/services offered by us against the tender for the work “Water
proofing treatment of the roof slab with APP (Atactic Polypropylene Polymer)
3mm thick at A,B and C type Quarters, Koyla Vihar Colony of WCL HQ
 102
Nagpur.” against NIT No/Tender ID.NAG/WCL/Civil-Welfare/E-44/2023-24/ 3584 /
2024_WCL_305988_1 Dated 28.03.2024, meet the minimum local content requirement and
has local content:
* Equal to or more than 50% (Select this, in case of Class-I Local Suppliers) i.e………% (indicating the
percentage of local content)
* More than 20% but less than 50% (Select this, in case of Class-II Local Suppliers) i.e.………%
(indicating the percentage of local content)
*Delete whichever is not applicable.
Note: If the estimated value of procurement is more than Rs. 10 crores, all the Bidders shall submit
along with this Undertaking, a certificate (with UDIN) from the statutory auditor or cost auditor of
the company (in case of companies) or from a practicing cost accountant or practicing chartered
account (in respect of suppliers other than companies) giving the percentage of local content.

6. Certificate regarding compliance to order no.F.No.6/18/2019-PPD dt 23/7/2020 as amended from

time to time of Ministry of Finance, Dept of Expenditure, Public Procurement Division with respect
to restrictions on procurement of goods, services or works from a Bidder of a country which shares
a land border with India and on sub-contracting to contractors from such countries - I/we have
read the Clause regarding restrictions on procurement from a Bidder of a country which shares a
land border with India and on sub-contracting to contractors from such countries; I/we certify that
I am/ we are not from such a country or, if from such a country, has/have been registered with the
Competent Authority and will not sub-contract any work to a contractor from such countries
unless such contractor is registered with the Competent Authority. I hereby certify that I/we fulfil
all requirements in this regard and I am/ we are eligible to be considered.

Note: Where applicable, evidence of Competent Authority shall be attached along with this
Undertaking.

7. **I/We have not been debarred by any procuring entity for violation of Preference to Make in
India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt. of
India as amended from time to time.
OR
**I / We …..have been debarred by……(name of procuring entity) for violation of Preference to
Make in India vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt. of India
as amended from time to time for a period of…………year/s, effective from ………. to…..

**Delete whichever is not applicable.

Note: A bidder who has been debarred by any procuring entity for violation of Preference to Make
in India vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt. of India as
amended from time to time shall not be eligible for preference under this Order for procurement
by any other procuring entity for the duration of debarment.

8. I/we abide the Code of Integrity for Public Procurement (CIPP) as given in the tender document.
9. *I/we do not have any previous transgression of CIPP in last three years with any entity in any
country.
Or
*I / We have been debarred by………………(name of procuring entity) for violation of Code of
Integrity for Public Procurement (CIPP), for a period of………………… year/s, effective from ……………….
to……………………..…..

*Delete whichever is not applicable

10. If any information and document submitted is found to be false/ incorrect at any time,
department may cancel my/our Bid and action as deemed fit may be taken against me/us,
 103
including termination of the contract, forfeiture of all dues and Debarment of our firm and all
partners of the firm etc from Bidding, as per the tender document.
Signature
 104

Annexure- IV

PROFORMA OF BANK GURANTEE FOR PERFORMANCE

SECURITY
To
…………………………..
…………………………..
Re: Bank Guarantee in respect of Contract
No…………………….….,Dated……………. Between …………….. (Name of the
company) and ………………………………. (Name of the Contractor)

WHEREAS
………….. (Name and address of the Contractor) (herein after called “the Contractor”) has
entered into a contract made as per letter of acceptance………………..dated.……..(herein after called the
said contract) with ………… (name of the Company) (hereinafter called “the Company”) to
execute …………. (name of the contract and brief description of work) on the terms and conditions
contained in the said contract.
It has been agreed that the Contractor shall furnish a Performance Security in the shape of
Bank Guarantee from a Schedule bank for a sum of Rs………….. as security for due compliance and
performance of the terms and conditions of the said contract.
We……… (name of the Bank) having its branch/Office at……..….. have, at the request of the
Contractor, agreed to furnish this bank Guarantee by way of performance Security.
NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby, unconditionally and
irrevocably, guarantees and affirms as follows:
The Bank do hereby irrevocably guarantees and unconditionally agree with the Company that if
the contractor shall in any way fail to observe or perform the terms and conditions of the said contract
or shall commit any breach of its obligation there under, the Bank shall on its mere first written
demand, and without any objection, demur and without any reference to the contractor, pay to the
company the said sum of …………… or such portion as shall then remain due with interest without
requiring the Company to have recourse to any legal remedy that may be available to it to compel the
Bank to pay the sum, or failing on the company to compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the company
and as regards the amount payable by the Bank under this Guarantee. The Bank shall not be entitled to
withhold payment on the ground that the Contractor has disputed its liability to pay or has disputed
the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between
the company and the Contractor regarding the claim.
The Bank further agree that the Guarantee shall come into force from the date hereof and shall
remain in force and effect till the period that will be taken for the performance of the said Contract
which is likely to be …………. day of ………….. but if the period of Contract is extended either pursuant to
the provisions in the said contract or by mutual agreement between the contractor and the company,
the Bank shall renew the period of the Bank Guarantee failing which it shall pay to the company the
said sum of ………….…. or such lesser amount of the said sum of …………… as may be due to the company
and as the company may demand.
This Guarantee shall remain in force until the dues of the company in respect of the said sum
of ……………….and interest are fully satisfied and the Company certifies that the Contract has been fully
carried out by the Contractor and discharged the guarantee.

The Bank further agrees with the company that the company shall have the fullest liberty
without consent of the Bank and without affecting in any way the obligations hereunder to vary any of
the terms and conditions of the said contract or to extend time for performance of the said contract
from time to time or to postpone for any time or from time to time any of the powers exercisable by
the Company against the contractor and to forebear to enforce any of the terms and conditions relating
to the said Contract and the Bank shall not be relieved from its liability by reason of such failure or
 105
extension being granted to the Contractor or to any forbearance, act or omissions on the part of the
company or any indulgence by the Company to the Contractor or any other matter or thing whatsoever
which under the law relating to sureties would but for this provision have the effect or relieving or
discharging the Guarantor.
The Bank further agrees that in case this Guarantee is required for a longer period and it is not
extended by the Bank beyond the period specified above, the Bank shall pay to the company the said
sum of ……….….. or such lesser sum as may then be deemed to the Company and as the Company may
require.
Notwithstanding anything contained herein the liability of the Bank under this Guarantee is
restricted to Rs………..……. The guarantee shall remain in force till the day ……*…….. of ……*..……. and
unless the guarantee is renewed or claim is preferred against the bank on or before the said date all
rights of the Company under this guarantee shall cease and the Bank shall be relieved and discharged
from all liabilities hereunder except as provided in the preceding Clause.
* The date of guarantee shall cover a period of minimum one year or 90 days beyond the date of
completion whichever is more.
Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-mail/Fax
addressed to the bank branch/operative branch, which shall be deemed to be a sufficient demand
notice. Bank shall effect payment thereof forthwith.
This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.
The Bank has under its constitution power to give this Guarantee and Sri……………………. who has
signed it on behalf of the Bank has authority to do so.

“The Bank Guarantee as referred above shall be operative at our branch at…….. payable
at………………………….

The Contact details of the Bank issuing BG and the local operating Branch of the Bank at
Nagpur (MH.) are as under :

Particulars Issuing Bank Local Operating Branch at

Nagpur

Branch Code

Postal Address

Telephone No.

FAX No.

Email Id

Signed and sealed this………..day of……………..at…………

SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code number)
(address)

NOTE:-
i) The department shall ensure extension of guarantee period in case of extension of time.
 106
ii) The Bank Guarantee issued by a scheduled bank shall be operative at its branch situated at
Nagpur (Maharashtra State) or if the issuing bank does not have any branch at Nagpur then
Bank Guarantee shall be operative at any of its Kolkata Branch.
iii)The Bank Guarantee (BG) issued by the issuing Bank on behalf of contractor in favour of
“Western Coalfields Limited” shall be in paper form as well as issued under “Structured
Financial Messaging System (SFMS)”.
The details of beneficiary for issue of Bank Guarantee (BG) under SFMS platform is furnished
below:
A. ICICI Bank as advising Bank of WCL:
Name of Name Western Coalfields Limited
Beneficiary & its Area WCL HQ
details Bank Account No. 005905018053
Department Civil Engineering Department
Beneficiary Bank ICICI Bank
& Address Nagpur Civil Lines Branch
IFSC Code ICIC0000059
 107
Annexure- V

PROFORMA OF BANK GUARANTEE FOR MOBILISATION/

LUMP -SUM ADVANCE.

M/s. Coal India Limited (with address)

Or
………………………………………………….
(Name of the Subsidiary Company with address).

Dear Sir,

In consideration of Coal India Limited/Subsidiary Company having its Registered Office at ……………………
(hereinafter called “the Company” which expression shall unless repugnant to the subject or context
includes its successors and assigns) having agreed under the terms and conditions of the Contract
No………… dated…………. Entered into between Coal India Limited/Subsidiary Company and M/s having
its Registered Office at …………………… (hereinafter called “the Contractor” to make mobilisation
advance/lump-sum advance to the tune of Rs………… subject to submission of the Bank Guarantee for
equal amount from any Nationalised/ Schedule Bank , We ………… Bank (hereinafter referred to as the
said Bank) hiving it is Registered Office at ………………….. do hereby undertake and agree to pay the
Company to the extent of Rs……………. on demand stating that the amount claimed by the Company is
due and payable by the contractor for the reasons of non-refund and or non-recovery of the amount
with interest thereon and to unconditionally pay the amount claimed by the company on such demand
without any demur to the extent aforesaid.

2. We, ……………. Bank agree that the Company shall be the sole judge as to whether the said Contractor
has failed/neglected in refunding the amount advanced by the Company and/or extent of loss and
damages caused to or suffered by the Company on account of the amount advanced not being
recovered in full and non-utilisation of the said advanced amount or part thereof for the purpose of
performance of the contract and interest payable thereon and the decision of the company in this
behalf shall be final and binding on us.

3) We, the said Bank further agree that the Guarantee herein contained shall remain in full force and
effect upto …………… and any claim received after the said date shall in no case bind the Bank.

4) The Company shall have the fullest liberty without affecting in any way the liability of the Bank under
this guarantee or indemnity from time to time vary any of the terms and conditions of the said contract
or to extend the time of performance by the said contractor or to postpone any time and from time to
time any of the powers exercisable by it against the said contractor and either to enforce or to forbear
from enforcing any of the terms and conditions governing the said contract or securities available to
 108
the company and the said Bank shall not be released from its liability under these presents.

5. Notwithstanding anything contained herein the liability of the said Bank under this Guarantee is
restricted to Rs………….. and this Guarantee shall come into force from the date hereof and shall remain
in full force and effect till ………………… unless the written demand or claim under this Guarantee is
made by the Company with us on or before ………………. all rights of the Company under this Guarantee
shall cease to have any effect and we shall be relieved and discharged our liabilities hereunder.

6. We, the said Bank lastly undertake not to revoke this Guarantee during its currency except with the
previous consent of the company in writing and agree that any change in the constitution of the said
contractor or the said Bank shall not discharge our liability hereunder.

7. This guarantee issued by Sri………….. who is authorized by the Bank.

Under jurisdiction of …………………………… court only.

 109
Annexure-VI

PROFORMA FOR EXECUTION OF AGREEMENT

STAMP PAPER
(of appropriate value as per Stamp Act)

This agreement is made on ………………. day of …………….. between ( Name of Company ) having
its registered office at ……………………………………………… (hereinafter called the ‘COMPANY’ which
expression shall, unless repugnant to the subject or context, include its successors and assignees) of the
one part and ( Name of the Contractor ) carrying on business as a ( partnership/ proprietorship/ Ltd. Co.
etc. ) firm under the name and style ………………………………………………… (hereinafter called the ‘said
Contractor’ which expression shall, unless the context requires otherwise include them and their
respective heirs, executors, administrators and legal representatives) of the other part.

Whereas the Company invited tenders for the work of

“……………………………………… ……………………..” and deposited a sum of Rs………………….. as Earnest
Money and whereas the said Contractor/ Firm submitted tender for the said work and whereas the
tender of the said contract has been accepted by the Company for execution of the said work.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1) In this agreement words and expressions shall have the same meaning as are respectively assigned
to them in the tender papers hereinafter referred to.

2) The following documents which are annexed to this agreement should be deemed to form and be
read and construed as part of this agreement viz.

i) Annexure-A Tender Notice (Page .. to ..)

ii) Schedule –A General Terms & Conditions, Special Conditions and

General Technical Specification (Page …. to …) and
Safety Code.

iii) Schedule-B The probable Quantities and Amount (Page … to …)

iv) Schedule-C Negotiation letters –

iv) Schedule-D Letter of Acceptance/Work Order (Page .. to ..)

v) Schedule-E Drawings (Page .. to ..)

3) In consideration for the payment of the sum of Rs……………( W/O Value; both in words and figures )
or such other sum as may be arrived at under the clause of the specification relating to Payment by
items measurements at unit prices by the Company, the said Contractor shall, subject to the terms &
condition contained herein execute and complete the work as described and to the extent of probable
quantities as indicated in Schedule B with such variations by way of alteration, addition to or reduction
from the said works.

4) The company has received a sum of Rs............ towards Performance Security Deposit (1st part of
Security Deposit) in the form of B.G./NEFT/RTGS other form (details to be furnished).
 110
5) The said contractor hereby covenants with the company that the company shall deduct at 5% of R/A
Bills as Retention Money (2ndpart of security deposit) to make the total Security as 10% (ten percent) of
contract value, as per the terms & condition of the tender/ contract.

IN WITNESS WHEREOF THE parties herein have set their hands and seals the date and year above
written.

1 Partner. Signature

2 Partner Signature

On behalf of M/S………………………………..
The Contractor, as one of the constituted attorney,
In the presence of –

1. Name ____________________________ Signature

Address :

Occupation :

Signed by Sri ……….on behalf of Signature

(Name of Company) in presence of -

a) Name : Signature
b) Address: .
 111
Annexure-VII

To be submitted by Bidder on Non-Judicial Stamp Paper of Rs. 10/- duly attested by Notary
Public.
GUARANTEE TO BE EXECUTED BY CONTRACTOR FOR REMOVAL OF DEFECTS AFTER COMPLETION IN
RESPECT OF WATER PROOFING WORKS.

The agreement made this ……………….…..……… day of ………………Two thousand

and …………………….……….. between…………………… (hereinafter called Guarantor of the one part)
and ……………… Limited (hereinafter called the Owner of the other part).

WHEREAS this agreement is supplementary to a contract (hereinafter called the contract),

dated ………………….. and made between the GUARANTOR OF THE ONE part and
the …………………………. Limited of the other part, whereby the contractor, inter-alia, undertook to
render the buildings and structures in the said contract recited completely water and leak proof.

AND WHEREAS the Guarantor agreed to give a guarantee to the effect that the said structures will
remain water and leak proof for five years from the date of giving water proofing treatment.

NOW THE GUARNTOR hereby guarantees that water proofing treatment given by him will render the
structures completely leak proof and the minimum life of such water proofing treatment shall be five years
to be reckoned from the date after the maintenance period prescribed in the contract.

Provided that the Guarantor will not be responsible for leakage caused by earthquake or structural defects
or misuse of roof or alteration and for such purpose.

1. Misuse of roof shall mean any operation, which will damage proofing treatment, like chopping of fire
wood and things of the same nature which might cause damage to the roof.
2. Alternation shall mean construction of an additional storey or a part of the roof or construction adjoin-
ing to existing roof whereby proofing treatment is removed in parts.
3. The decision of the Engineer-in-Charge with regard to cause of leakage shall be final.

During this period of guarantee, the Guarantor shall make good all defects and in case of any defect
being found render the building water proof to the satisfaction of the Engineer-in-Charge at his cost and
shall commence the work for such rectification within seven days from the date of issue of notice from the
Engineer-in-Charge calling upon him to rectify the defects failing which the work shall be got done
by ……………………….. Coalfields by some other Contractor at the guarantor’s cost and risk. The
decision of the Engineer-in-Charge as to the cost, payable by the Guarantor shall be final and binding.
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That if the Guarantor fails to execute the water proofing or commits breach thereunder, then the
Guarantor will indemnify the principal and his successors against all loss, damage, cost, expense or
otherwise which may be incurred by him by reason of any default on the part of the GUARANTOR in
performance and observance of this supplementary agreement. As to the amount of loss and / or damage
and / or cost incurred by ……………….. Coalfields, the decision of the Engineer-in-Charge will final and
binding on the parties.

IN WITNESS WHEREOF these presents have been executed by the Guarantor……….. and
by ………………… and for and on behalf of ……………………….. Limited on the day, month and year
first above written.

Signed, sealed and delivered by Guarantor in the presence of -

1.

2.

Signed for and on behalf of …………………………… Limited by …………………..

In presence of:

1.

2.
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ANNEXURE- VIII

Code of Integrity for Public Procurement (CIPP):

(NOT TO BE UPLOADED SEPARATELY)
1. Introduction

Public procurement is perceived to be prone to corruption and ethical risks. To mitigate this, the officials of
Procuring Entities involved in procurement and the bidders/ contractors must abide by the following Code
of Integrity for Public Procurement (CIPP). All Procuring Officials shall give an undertaking to abide by the
Code of Integrity of Public Procurement (CIPP) in ERP while processing PR in SAP ERP. The undertaking
shall be put in format of PR itself in ERP. However, if estimate is processed outside ERP then separate
undertaking in this regards shall be given by all procuring officials. The bidders/ contractors should be
asked to sign a declaration about abiding by a Code of Integrity for Public Procurement (including sub-
contractors engaged by them) during submission of bid, with a warning that, in case of any transgression
of this code, it would be liable for punitive actions such as cancellation of contracts, banning and
blacklisting or action in Competition Commission of India, and so on.

2. Code of Integrity for Public Procurement

Procuring authorities as well as bidders, contractors and consultants should observe the highest standard
of ethics and should not indulge in the following prohibited practices, either directly or indirectly, at any
stage during the procurement process or during execution of resultant contracts:

i) “Corrupt practice”: 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”: 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 execution of the contract;

iii) “Anti-competitive practice”: 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 procuring entity, 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”: harming or threatening to harm, persons or their property to influence their
participation in the procurement process or affect the execution of a contract;

v) “Conflict of interest”: 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 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.

vi) “Obstructive practice”: materially impede the procuring entity’s investigation into allegations of one
or more of the above mentioned prohibited practices either by deliberately destroying, falsifying,
 114
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 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. Obligations for Proactive Disclosures

i) Procuring authorities as well as bidders, contractors and consultants, are obliged under Code of
Integrity for Public Procurement to suo-moto proactively declares 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. Failure to do so would amount to violation of this code of
integrity; and

ii) Any bidder must declare, whether asked or not in a bid document, 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.

iii) To encourage voluntary disclosures, such declarations would not mean automatic disqualification
for the bidder making such declarations. The declared conflict of interest may be evaluated and mitigation
steps, if possible, may be taken by the procuring entity. Similarly voluntary reporting of previous
transgressions of Code of Integrity elsewhere may be evaluated and barring cases of various grades of
debarment, an alert watch may be kept on the bidder’s actions in the tender and subsequent contract.

4. Punitive Provisions

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/
contractor 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 including one or more of the
following:

i) If his bids are under consideration in any procurement

a) Forfeiture or encashment of bid security;
b) calling off of any pre-contract negotiations; and
c) rejection and exclusion of the bidder from the procurement process
ii) If a contract has already been awarded
a) Cancellation of the relevant contract and recovery of compensation for loss incurred by the
procuring entity;
b) Forfeiture or encashment of any other security or bond relating to the procurement;
c) Recovery of payments including advance payments, if any, made by the procuring entity
along with interest thereon at the prevailing rate;
iii) Provisions in addition to above:
a) banning/ debarment of the bidder from participation in future procurements of the procuring
entity for a period not less than one year;
b) In case of anti-competitive practices, information for further processing may be filed under a
signature of concerned Director of CIL/Subsidiary, with the Competition Commission of India.
c) Initiation of suitable disciplinary or criminal proceedings against any individual or staff found
responsible.
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Annexure-IX

MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET BANKING PAYMENT.

1. Name of the Bidder :…………………………………………………………………

2. Address of the Bidder : ………………………………………………………………….

………………………………………………………………….

City………………………. Pin Code………………………….

E-mail Id ………………………………………………………

Permanent Account Number ……………………………….

3. Particulars of Bank:

Bank Name Branch Name

Branch Place Branch City
Pin Code Branch Code
MICR No.
(Digital Code number appearing on the MICR Band of the cheque
supplied by the Bank. Please attach Xerox copy of a cheque of
your Bank for ensuring accuracy of the Bank Name, Branch
Name and Code Number.
RTGS CODE
Account Type Savings Current Cash Credit
Account Number(as appearing in
the Cheque Book.

4. Date from which the mandate should be effective.

I hereby declare that the particulars given above are correct and complete. If any transaction is
delayed or not effected for reasons of incomplete or incorrect information. I shall not hold Company
responsible. I also undertake to advise any change in the particulars of my account to facilitate
updation of records for purpose of credit of amount through SBI Net / RTGS transfer/NEFT. I agree to
discharge responsibility expected of me as a participant under the scheme. Any bank charges levied by
the bank for such e-transfer shall be borne by us.

Place :
Date :
Signature of the Party / Authorised Signatory
------------------------------------------------------------------------------------------------------------------------

Certified that particulars furnished above are correct as per our records.

Banker’s Stamp
Date :
Signature of the Authorised official from the Bank)

Signature Not Verified

Digitally signed by KALPANA GAJANAN
THAKURWAR
Date: 2024.03.30 13:33:34 IST
Location: Coal India Limited-CIL