Under Jurisdiction of Ranchi Court Only

Central Mine Planning & Design Institute Ltd.

(A Mini Ratna Company - Subsidiary of Coal India Ltd.)
Gondwana Place, Kanke Road,
Ranchi – 834031, JHARKHAND, India
Office of the General Manager (CMC)
E-mail: [email protected]

TENDER DOCUMENT
ATC
(Open Domestic Tender through GeM Portal: http://gem.gov.in for Detailed Exploration in Dhorakuhi coal Block, Pench
Kanhan Tawa Coalfield, in Chhindwara District in the State of Madhya Pradesh, India)

TENDER REFERANCE NUMBER: CMPDI/CMC/2024-25/20

In order to enhance the Coal Resource base, Central Mine Planning & Design Institute Ltd. (CMPDIL), a subsidiary of
Coal India Ltd., plans to take up Detailed Exploration in Dhorakuhi coal Block, Pench Kanhan Tawa Coalfield, in
Chhindwara District in the State of Madhya Pradesh, India)
1. Tenders are invited on-line on the website http://gem.gov.in for the following work:
Description of work Quantity Estimated Earnest Period of Completion (In Days)
Contract Value Money
(Meter) (Incl. GST) # (In ) Mobilization Drilling and Total
(In ) * Associated
Activities
Detailed Exploration Coring drilling- 17,02,27,390.00 17,45,400.00 30 Days 415 days 445
in Dhorakuhi coal 29130m, Days
Block, Pench Kanhan Geophysical
Tawa Coalfield, in logging-
Chhindwara District in 29130m,
the State of Madhya Deviation
Pradesh, India as per logging-5240,
Scope of Work given Magnetic
at Annexure-I Survey-1350
observation
point/stn.
*Mobilization Period is 30 Days from issue of LOA/work order/Contract or handing over the relevant document to the
contractor, whichever is later.
# Estimated value put to tender is Inclusive of GST.

Tender Inviting Authority Contact Person(s)/Tender Dealing Officer(s)

General Manager (CMC*) Manager (Geology/CMC)
Contract Management Cell, CMPDI (HQ) Phone No. – 7004400315.
Gondwana Place, Kanke Road,
Dy. Manager (Geology/CMC)
Ranchi – 834031,
Phone No. – 8986803946.
* Contract Management Cell
2. Time Schedule of Tender: As available on website http://gem.gov.in.
i. If the due date of opening falls on a holiday, the Tender will be opened on the next working day.
ii. In case of number of bids received is less than three, one extension of bid submission date by four days shall be
provided. In case no offer is received, tender will be cancelled. The information of cancellation of the tender will be
uploaded on the GeM portal.
iii. There will be no physical / manual sale of the Tender Document.
iv. There is no tender fee and the bidders can download the Tender Document free of cost.
v. Bidders are advised to download the complete set of the Tender Document, including the tender details.

3. Availability of Tender Documents:

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 Detailed Tender Notice & Tender Documents including terms and conditions shall be available on Government E-
Market Place (GeM) portal https://gem.gov.in and Tender Notice shall be available at websites www.cmpdi.co.in. &
http://eprocure.gov.in/cppp. The Tender document can be downloaded by any prospective bidder from the GeM Portal
free of cost. The download of tender document may start immediately after e-Publication and shall continue till bid end
date and time.
4. Clarification of Bid:
The bidder may seek clarification online through e-tendering portal http://gem.gov.in within the specified period. No
other mode of seeking clarifications shall be entertained. The department will clarify, as far as possible, the relevant
queries of bidders. The clarifications given by department will be visible to all the bidders intending to participate in that
tender. The period for seeking clarification by bidder will be as per provision of GeM portal.

5. Bid Security / Earnest Money Deposit (EMD):

5.1. Deposit of EMD:
The bidder will have to make the payment of EMD through NEFT/RTGS only and have to furnish UTR Number during
submission of bid. Bidder will have to submit the proof of payment of EMD. Bidder should upload a copy of NEFT/RTGS
payment confirmation document consisting UTR Number along with confirmatory documents.

Bank detail for EMD payment is as below:

Beneficiary name: Central Mine Planning & Design Institute Ltd.
Name of Bank: State Bank of India,
Branch: CMPDI Branch,
IFSC: SBIN0005598
A/c No: 10106155087
Address: Gondwana Place, Kanke Road, CMPDIL Campus, Ranchi – 834031.

5.2. Exemption of EMD:

The bidders under the category of Sate/Central Govt./PSUs/firms registered with NSIC/MSEs (Micro & Small
Enterprises) / Start-up are exempted from submission of EMD against uploading of valid documentary evidence.
5.3. EMD Refund:
a. The Earnest Money/ Bid Security of the unsuccessful bidder will be refunded and will not bear any interest.
b. Refund of EMD will be made as per the MANDATE FORM for e-Payment submitted by the bidder.
c. In case the tender is cancelled then EMD of all the participating Bidders will be refunded unless it is
forfeited by the department.
d. The EMD of successful Bidder (on Award of Contract) will be retained by CMPDIL and will be adjusted to
Performance Security Deposit at the option of the Bidder.
No Bid will be accepted unless accompanied by the requisite Earnest Money Deposit as stated above.

6. Deleted
7. Deleted
8. Qualification of the Bidders:
8.1. In order to submit the bid, the bidders have to get themselves registered online on GeM portal (https://gem.gov.in).
Bidders are advised to upload the scanned copy of documents specified under the eligibility criteria of the tender in
support of their qualification, as Cover/Packet-I & Price Bid, as Cover/Packet -II, against the tender. The CHECK LIST
of such documents is also available under the heading Confirmatory Document to verify the submission of required
information. Non- submission of requisite documents/ information will be considered as a non-responsive bid, which is
liable for rejection.
8.2. Provident Fund:
The bidder should possess a Provident Fund Registration Certificate issued by Govt. Department of any Indian State.
8.3. The invitation for bid is open to all bidders including an individual, proprietorship firm, partnership firm, company
registered under Companies Act or a Joint Venture having eligibility to participate as per eligibility criteria stipulated in
clause No.9 of NIT.
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 Note: Joint Venture shall be allowed for participation in the bid with estimated cost above ₹ 2.0 Crores.

8.4. Joint Venture (JV): Two or three Companies/Contractors may jointly undertake contract(s). Each entity will be jointly
and severally responsible for completing the task as per the contract.
Joint Venture details:
Name of all Members of a JV (not more than 3):
1. Lead Member (minimum participation share – 50%)
2. Member (minimum participation share – 20%)
3. Member (minimum participation share – 20%)

Joint Venture must comply the following requirements:

i) The qualifying criteria parameter e.g. experience, financial resources (of the relevant period) and the equip-
ment/fleet strength of the individual member of the JV will be added together and the total criteria should not be
less than as spelt out in clause 9.1, 9.2 and 9.3 of NIT as qualifying/eligibility criteria as specified in e-tender No-
tice. However, the required Working Capital shall be met by individual members of JV as spelt out in Clause
9.2 of NIT.
ii) The formation of JV or change in the JV character/ members after submission of the bid and any change in the
bidding regarding JV will not be permitted.
iii) The bid, and in case of a successful bid - the agreement, shall be signed so as to legally bind all members jointly
and severally and any bid shall be submitted with a copy of the JV Agreement providing the joint and several liabili-
ties with respect to the contract.
iv) The pre-qualification of a JV does not necessarily pre-qualify any of its member individually or as a member in any
other JV. In case of dissolution of a JV, each one of the constituent firms may pre-qualify if they meet all the pre-
qualification requirements, subject to written approval of the employer.
v) The bid submission must include documentary evidence to the relationship between JV members in the form of JV
Agreement to legally bind all partners jointly and severally for the proposed agreement which should set out the
principles for the constitution, operation, responsibilities regarding work and financial arrangements, participation
(percentage share in the total) and liabilities (joint and several) in respect of each and all of the firms in the JV.
Such JV Agreement must evidence the commitment of the parties to bid for the facilities applied for (if pre-qualified)
and to execute the contract for the facilities if their bid is successful.
vi) One of the members shall be nominated as ‘In-charge’ of the contract and shall be designated as Lead Partner.
This authorization shall be evidenced by submitting with the bid a Power of Attorney signed by legally authorized
signatories of all the members.
vii) The JV must provide that the Lead Member shall be authorized to incur liabilities and receive instructions for and
on behalf of any and all members of the JV and the entire execution of the contract shall be done with active partic-
ipation of the Lead Member.
viii) The contract agreement should be signed by each JV members. Subsequent declarations/letters/documents shall
be signed by lead member authorized to sign on behalf of the JV or authorized signatory on behalf of JV.
ix) The bid should be signed by authorized signatory on behalf of JV.
x) An entity can be a member in only one JV. Bid submitted by JV s including the same entity as member will be re-
jected.
xi) The JV agreement may specify the share of each individual member for the purpose of execution of this contract.
This is required only for the sole purpose of apportioning the value of the contract to that extent to individual mem-
ber for subsequent submission in other bids if he intends to do so for the purpose of the qualification in that Bid.
xii) The JV agreement must specifically state that it is valid for the project for which bidding is done. If JV breaks up
midway before award of work and during bid validity period bid will be rejected. If JV breaks up midway before
award of work and during bid validity/after award of work/during pendency of contract, in addition to normal penal-
ties as per provision of bid document, all the members of the JV shall be debarred from participating in future bids
for a minimum period of 12 months.
xiii) JV agreement shall be registered in accordance with law so as to be legally valid and binding on the members
before making any payment.
Note: If the work is awarded to a JV firm, they will register the JV agreement under Registration Act in accordance
with law.
xiv) JV shall open a bank account in the name of JV and all payments due to the JV shall be credited by employer to
that account only. To facilitate statutory deductions all statutory documents like PAN, GST registration etc. shall be
submitted by JV before making any payment.
xv) If a Bidder participates as Joint Venture (JV), the benefits as per Public procurement Policy for MSEs Order-2012
shall not be applicable for them.

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 xvi) Lead partner of JV will participate in the bid on behalf of other members of JV since the JV at this stage of bid has
not been registered as a Company. The agreement among JV partners can be attached with the bid by the lead
partner.
xvii) Once Lead partner of JV has been identified as L-1 bidder, LOA shall be issued to the Lead partner of the JV. L-1
Bidder will thereafter register the JV as per the law to form the Company and register on GeM as a new Service
Provider (SP). GeM will update the new SP details in demand through back-end which will enable Buyer to create
final contract with the JV along with PAN, GST of the newly formed company.

9. Eligibility Criteria
9.1. Work Experience
The bidder(in case of JV, the bidder along with its partner(s)) must have experience of works (includes completed /
ongoing) of similar nature which includes Coring Drilling OR combination of Coring & Non-Coring Drilling,
geophysical logging in coal/ lignite/ stratified deposit valuing 50% of the annualized estimated value of the work put to
tender ( for period of completion over 1 year) / 50% of the estimated value of the work ( for completion period up to one
year ) put to Tender in any year ( consecutive 365 days) during last 7(seven) years ending last day of month previous to
the one in which bid applications are invited.
“Annualized value” of the work shall be calculated as the “Estimated Cost / Period of completion in Days x 365”.
The value of executed works shall be given a simple weightage to bring them at current price level by adding 7% for
each completed year (total number of days/365) after the end date of experience till the last day of month previous to
one in which e-Tender has been invited.
The above qualification criteria shall be met collectively by JV partners or JV itself.
The qualifying criteria parameter e.g. experience of the individual partners of the J.V will be added together towards
fulfillment of qualification criteria related to experience.
However, the participating share of JV partners shall be as below:
i) Lead Partner shall have at least 50% participating share in JV
ii) Other partner(s) shall have at least 20% participating share in JV
The Similar Work shall be “Coring Drilling OR combination of Coring & Non-Coring Drilling in a coal / lignite / stratified
deposit along with experience of carrying geophysical logging of coal/ lignite/ stratified deposit.”
In respect of the above eligibility criteria, the bidders are required to furnish the following information:
i. Start date of the year for which work experience of bidder is to be considered for eligibility.
ii. Start date & end date of each qualifying experience (similar nature).
iii. Work Order Number/ Agreement Number of each experience.
iv. Name & address of Employer/ Work Order Issuing authority of each experience.
v. Percentage (%) share of each experience (100% in case of an Individual/ Proprietorship firm or a partner in a
partnership firm and the actual % of share in case of a Joint Venture).
vi. Executed Value of work against each experience.
vii. In case the bidder is a Joint Venture, the work experience of any one, two and three of the individual partners of
JV or the JV itself may be furnished as the work experience of the bidder.

Note: If the claimed work experience is executed as consortium, then the work executed by them in terms of their role and
responsibility agreed in terms of the memorandum of understanding signed for the purpose of consortium will be
considered and the proportionate value of the executed work awarded to the consortium will be taken into
consideration.

Scanned copy of documents to be uploaded by bidders (CONFIRMATORY DOCUMENT):

For work experience bidders are required to submit copy of the Work Order along with Satisfactory Work Completion
Certificate issued by the employer against the Experience of similar work containing all the information.

9.2. Working Capital:

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 Evidence of possessing adequate working capital (at least 20% of the “Annualized value or Estimated value whichever
is less” of this work) inclusive of access to lines of credit and availability of other financial resources to meet the
requirement. The bidder should possess the working capital within three months prior to the date of opening of tender.
The date of opening of tender also includes the extended date of opening of tender if extended.
Note: In case the date of opening of tender is extended, then the extended period will also be included for
possessing of working capital.
In case of JV, the requirement of Working Capital under this clause shall be met as per following proportion:
a. The lead member shall have to possess at least 50% share in the required Working Capital in order to qualify in
this tender.
b. All other members shall have to possess at least 25% share in the required Working Capital, in order to qualify in
this tender.
In respect of the above eligibility criteria, the bidders are required to furnish the following information:
i. Amount of available working capital inclusive of lines of credit and availability of other financial resources.
ii. Date on which the bidder possesses the required working capital.
iii. Name of the Chartered Accountant (CA) .
iv. Membership Number of CA with UDIN who certifies the bidder's working capital on a particular date.
v. Date of Issue of Certificate.
vi. In case the bidder is a Joint Venture, the working capital of the individual partners of the JV will be added together
for each financial year and is to be furnished as the working capital of the bidder for that particular financial year.
Scanned copy of documents to be uploaded by bidders (Confirmatory Document):
The intending bidder must submit Certificate of Working Capital from Practicing Chartered Accountant having a
membership number with Institute of Chartered Accountants of India.
Note: Relevant clause of GEM bid document in respect of “The minimum average annual financial turnover” is not
applicable in this bid as provisions mentioned under clause 9.2 is applicable in respect of Working Capital as per
relevant manuals of Coal India Ltd.
Certificate of Working Capital issued by a Practicing Chartered Accountant having a membership number with Institute
of Chartered Accountants of India containing the information as furnished by bidder on-line or equivalent certificate of
foreign partner issued from the respective country. Such certificate should contain the Unique Document Identification
Number (UDIN).
9.3. KEY PROFESSIONAL & FLEET REQUIREMENT:
The bidder is required to give an Undertaking on the bidder’s letter-head in the prescribed format(as per
Annexure-V) to:
(i) Deploy matching Rigs and Geophysical logging Survey equipment and related software as per NIT either
owned or hired.
(ii) Engage the adequate number of Geologist/Surveyor/ Geophysicist for successful execution of the job and to
achieve required progress of work during entire contract period.
Scanned copy of documents to be uploaded by bidders (Confirmatory Document): As per Annexure-V.
9.4. Permanent Account Number:
The bidder should possess a Permanent Account Number (PAN) issued by Income tax Department.
Scanned copy of documents to be uploaded by bidders (Confirmatory Document): PAN CARD of the bidder.
NOTE: In case, the bidder is a Joint Venture, PAN Card issued by the Income Tax Department, Govt. of India for each
Indian Partner of JV and verifiable Tax Residency Certificate of respective country for each foreign partner or JV
itself).

9.5. Goods and Service Tax (Not Applicable for Exempted Goods / Services):
The bidder should be either
i. GST Registered Bidder under regular scheme, or
ii. GST Registered Bidder under composition scheme, or
iii. GST unregistered Bidder
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Registration:
The bidder is required to be registered under GST unless they are specifically exempt from registration under specific
notification / circular / section / rule issued by statutory authorities.
The bidder claiming exemption in this respect shall submit supporting documents as well as certificate from Practicing
CA having membership number with Institute of Charted Accountants of India certifying that the bidder is GST
unregistered bidder/exempted bidder in compliance with the relevant GST rules of India.
For Example: : If the bidder is exempt from Registration under CGST ACT, 2017 due to his aggregate turnover in the
relevant financial year being less than 20/40 lakhs as per applicable in respective state then bidder shall submit the
copy of Notification along with Certificate from Practicing CA/CMA/CS to the effect that Aggregate turnover from his all
business operation during the relevant financial year is less than 20/40 Lakhs as per applicable in respective state
and hence he is exempt from Registration under GST Act, 2017.
The expression “aggregate turnover” shall include all supplies made by the taxable person, whether on his own
account or made on behalf of all his principal.
Explanation:
i. Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special
category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a
financial year exceeds twenty lakh rupees.
ii. Provided that where such person makes taxable supplies of goods or services or both from any of the special
category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh
rupees.
"Special category States” shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the
Constitution: States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand are specified in sub-clause (g) of clause (4) of
article 279A of the Constitution.
Scanned copy of documents to be uploaded by bidders (CONFIRMATORY DOCUMENT):
The scanned copy of documents regarding status w.r.t GST to be uploaded by bidders in support of information/
declaration furnished online by the bidder in the BOQ sheet against Eligibility Criteria.
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 from a practicing Chartered Accountant having membership number with Institute of
Chartered Accountants of India certifying that the bidder is GST unregistered bidder/ dealer in
compliance with the relevant GST rules of India.

NOTE:
[In case of JV a Certificate from a practicing Chartered Accountant having membership number with Institute of
Chartered Accountants of India confirming the status of JV w.r.t GST in compliance with relevant GST rules or GST
Registration Certificate of JV.]
1. In case the Service contract is awarded to a Joint Venture participating in the tender they have to submit PAN, GST
registration (as applicable in the tender and for the bidder status) etc. in the name of the Joint Venture after Award
of Service contract at the time of execution of agreement/ before the payment of first running on account bill.
2. If turnover of bidder exceeds exemption limit, the bidder must have GST registration as per GST Act and Rules.

Technical evaluation and L-1 status:

a) The evaluation of tender shall be done based on cost to company. The cost to company shall be ascertained by
reducing the total Value (including taxes and duties) quoted by the bidder by the amount of CGST & SGST or
IGST, GST (Compensation to state) cess eligible for input tax credit. The L-1 shall be decided based on cost to
company ascertained in manner suggested above.
Where the vendor is an unregistered one i.e. (exempt from registration under GST) supplying taxable service
causing CMPDIL liable to deposit tax under reverse charge (Applicable after 31.03.2018 as decided by GOI), the

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 CGST & SGST or IGST and GST (Compensation to state) cess, as applicable and payable by CMPDIL under
reverse charge, if any, shall be added to quoted price while ascertaining the landed price. However, in this case
also the L-1 shall be decided based on Cost to Company ascertained after deducting the CGST & SGST or IGST
and GST (Compensation to state) Cess amount eligible for Input Tax Credit, if any, from the total value including
tax arrived as above.

b) The rate quoted by the supplier shall be exclusive of CGST, SGST, IGST and GST (Compensation to state tax)
Cess and it should be strictly as per the format of BOQ. Item wise each element of cost shall be indicated, where
applicable, in respective column specifically provided for that. Item wise rate of CGST & SGST or IGST and GST
(Compensation to state tax) Cess, applicable at the time of bidding, shall be indicated by the bidder in respective
column of the BOQ.
c) The Tax Invoice raised by the supplier must be in compliance of relevant GST Acts, rules & notifications made
thereunder and should bear the GSTIN number for the supply to CMPDIL HQ and its Regional Institutes located at
different states as given below:
State Unit / HQ City GSTIN
Jharkhand HQ Ranchi (HQ)
RI-II Dhanbad (RI-II) 20AAACC7475N1ZI
RI-III Ranchi (RI-III)
West Bengal RI-I Asansol 19AAACC7475N1Z1
Maharashtra RI-IV Nagpur 27AAACC7475N1Z4
Chhattisgarh RI-V Bilaspur 22AAACC7475N1ZE
Madhya Pradesh RI-VI Singrauli 23AAACC7475N1ZC
Odisha RI-VII Bhubaneshwar 21AAACC7475N1ZG

The rate and amount of CGST, SGST, IGST, and GST (Compensation to state) Cess, related to supply of
goods/Services, shall be shown separately in tax invoice.
d) The CGST & SGST, IGST and GST (Compensation to state tax) Cess, as applicable at the time of supply, shall be
paid extra against submission of proper Tax Invoice, as referred above, by the supplier so that CMPDIL could be
able to avail Input Tax Credit of such CGST, GST, IGST, GST (compensation to state) Cess reflected in the
invoice.
e) If CMPDIL fails to claim Input Tax Credit (ITC) on eligible Inputs and Capital Goods or the ITC claimed is
disallowed due to failure on the part of supplier of goods and services in incorporating the Tax Invoice issued to
CMPDIL 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.
f) The amount of CGST & SGST or IGST and GST Cess, as indicated in the Tax Invoice shall be paid only when they
appear in GSTR 2A of CMPDIL and the supplier has filed the valid return in accordance with the provisions of the
GST Act and the rules made there under.
g) If the Tax invoice submitted by the supplier is found defective causing disallowance of Input Tax Credit (claimed by
CMPDIL based on such invoices) by the tax authorities, the applicable taxes & Cess paid based on such Tax
invoice shall be recovered from the current bills or any other dues of the supplier.
h) In the event of any additional tax liability accruing on the supplier of goods and/or services due to classification
issue or for any other reason, the liability of CMPDIL shall be restricted to the amount of GST charged on the
original tax invoice issued by the supplier.
i) In addition to above, if any other tax/duties are levied over supply of such goods or services in future, it shall be
paid extra.
j) TDS: The TDS, if applicable, shall be made at applicable rate from the payment made or credited to the supplier.
9.6. An Undertaking:
An Undertaking on the bidder’s letter-head, as per the format given in the bid document at Annexure-VII, regarding:

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 (i) Genuineness of the information furnished by bidder and authenticity of the scanned copy of documents uploaded
by them on line in support of his eligibility,
(ii) As per “One bid per Bidder”, and
(iii) Banning /Delisting
9.7. Legal Status of the bidder:
Any one of the following documents:
1. Affidavit or any other document to prove proprietorship/individual status of the bidder.
2. Partnership deed containing name of partners.
3. Memorandum & Article of Association with certificate of incorporation containing name of bidder
4. i) Joint Venture agreement as per the format given in the bid document.
ii) The document(s) regarding legal status of all the individual partners of JV as mentioned in Sl. No.1 or 2 or 3
above, as applicable and
iii) Authorization to all the signatories of JV agreement by the respective partners of JV either in the form of Power
of Attorney or any sort of legally acceptable document as applicable.

Note: 1. The partnership firm / JV is required to submit written consent of all the partners to Arbitration clause as per
the provision stipulated in the NIT.
2. In case of MSEs firm, a declaration to be submitted if the firm is owned by SC/ST/Women.

9.8. Deleted.
9.9. Banning/Delisting (Annexure-VII):
The bidders would give a declaration that they have not been banned or delisted by any Govt. or Quasi Govt. agencies
or PSUs. If a bidder has been banned or delisted by any Govt. or Quasi Govt. agencies or PSUs, this fact must be
clearly stated and it may not necessarily be a cause for disqualification. If the declaration is not given, the bid will be
rejected as non-responsive.

10. Submission of Bid:

10.1. The bidder can submit their bid only after payment of EMD as per the provision stipulated in the Tender Document.
10.2. The bidder will submit their bid online. No off-line bid shall be accepted.
10.3. In order to submit the Bid, the bidders have to get themselves registered online on the GeM portal of i.e. at
https://gem.gov.in. The registration should be in the name of bidder.
10.4. 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 GeM website. Under any circumstances, CMPDIL shall not be liable to the bidders for
any direct/indirect loss or damages incurred by them arising out of incorrect use of the GEMs bidding system or internet
connectivity failures.
10.5. In the undertaking given by bidder online, there will be provision for penal action, if any information/ declaration
furnished online by the bidder against eligibility criteria is found to be wrong at any stage which changes the eligibility
status of the bidder.
10.6. Deleted
10.7. General Instructions for Submission of Tender
For online submission of tender the bidders will have to upload “Letter of Bid”, Information regarding Eligibility
Criteria, working capital and all the confirmatory documents as prescribed in the ATC/ Bid document in
Cover/Packet-I and only “Price-bid” in Cover/Packet-II.
a. Deleted.
b. Letter of Bid(Annexure-VI): The format of Letter of Bid (LOB) will be downloaded by the bidder and will be printed
on Bidder’s letter head and the scanned copy of the same will be uploaded during bid submission in cover/Packet-I.
This will be the covering letter of the bidder for his submitted bid. The content of the “Letter of Bid” uploaded by the
bidder must be the same as per the format downloaded from website and it should not contain any other
information.
If there is any change in the contents of Letter of Bid uploaded by bidder as compared to the format of Letter of Bid
uploaded by the department with NIT document, then the bid will be rejected.
c. Undertaking by the bidder(Annexure-VIII): The Bidder will have to give an undertaking online that if the
information /declaration /scanned documents furnished in support of the same in respect of Eligibility Criteria are
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 found to be wrong or misleading at any stage, they will be liable to punitive action. Any other document uploaded
which is not required as per the terms of the Tender Document shall not be considered.
d. Confirmatory Documents: All the confirmatory documents as enlisted in the Tender Document in support of
information submitted by the bidder are to be uploaded in cover/Packet-I by the bidder while submitting his/her bid.
The scanned copy of following documents will be submitted by the bidder online while submitting bid under Cover-I.
Sl Eligibility Criteria Scanned copy of documents, to be uploaded in support of
No. information/ declaration furnished by the bidder against
Eligibility Criteria as Confirmatory Document
1 Letter of Bid (LOB): Letter of Bid (LOB) on the bidder’s letter head, in prescribed
format.
2 Earnest Money Deposit: Refer Clause No. 5 of NIT.

3 The Work Experience: Bidders are required to submit Work Order along with satisfactory
The bidder must have experience of Work Completion Certificate issued by the employer against the
works (includes completed / ongoing) Experience of similar work containing all the information as sought
of similar nature which includes on-line.
Coring Drilling OR combination of
Coring & Non-Coring Drilling,
geophysical logging in coal/ lignite/
stratified deposit valuing 50% of the
annualized estimated value of the work put
to tender ( for period of completion over 1
year) / 50% of the estimated value of the
work ( for completion period up to one year
) put to Tender in any year ( consecutive
365 days) during last 7(seven) years
ending last day of month previous to the
one in which bid applications are invited.
4 The Availability of Working Capital Certificate of Working Capital issued by a Practicing Chartered
(Refer clause 9.2) : Accountant having a membership number with Institute of
Evidence of possessing adequate working Chartered Accountants of India containing the information as
capital (at least 20% of the “Annualized furnished by bidder on- line or equivalent certificate of foreign
value or Estimated value whichever is less” partner issued from the respective country. Such certificate should
of this work) inclusive of access to lines of contain the Unique Document Identification Number (UDIN).
credit and availability of other financial
resources to meet the requirement. The
bidder should possess the working capital
within three months prior to the date of
opening of tender.
The date of opening of tender also includes
the extended date of opening of tender if
extended.
Note: In case the date of opening of tender is
extended, then the extended period will
also be included for possessing of working
capital.
5 Key professional & Fleet requirement The bidder is required to give an Undertaking on the
(Refer clause 9.3, Annexure-V): bidder’s letter-head in the prescribed format to:
(i) Deploy matching Drilling Rigs/Survey Instrument/Geophysical
Logging & Geophysical Survey unit/equipment and related
software as per Tender Document either owned or hired.
(ii) Engage the adequate number of Geologist/Surveyor/
Geophysicist for successful execution of the job and to
achieve required progress of work during entire contract
period.
6 Permanent Account Number (PAN) In respect of the above eligibility criteria, the bidders are required
(Refer clause 9.4): to furnish the Scanned copy of PAN CARD of the bidder.
The bidder should possess a Permanent (In case of JV , PAN card for each Indian partner of JV and
Account Number (PAN) issued by Income Verifiable Tax Residency Certificate of respective country for each

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Sl Eligibility Criteria Scanned copy of documents, to be uploaded in support of
No. information/ declaration furnished by the bidder against
Eligibility Criteria as Confirmatory Document
tax Department. foreign partner or JV itself).

7 Goods and Service Tax (Not Applicable The following documents establishing the status of bidder w.r.t
for Exempted Goods/ Services) GST as declared by Bidder in the BOQ sheet:
1.1 (Ref. Clause No. 9.5 of NIT) 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 from a practicing Chartered
Accountant having membership number with Institute of
Chartered Accountants of India certifying that the bidder is GST
unregistered bidder/ dealer in compliance with the relevant GST
rules of India.
[In case of JV a Certificate from a practicing Chartered
Accountant having membership number with Institute of Chartered
Accountants of India confirming the status of JV w.r.t GST in
compliance with relevant GST rules or GST Registration
Certificate of JV.]
8 Legal Status of the bidder (Refer clause Any one of the following documents:
9.7): 1. Affidavit or any other document to prove proprietorship/
Individual status of the bidder.
2. Partnership deed containing name of partners
3. Memorandum & Article of Association with certificate of
incorporation containing name of bidder.
i) Joint Venture agreement as per the format given in the
bid document.
ii) The document(s) regarding legal status of all the
individual partners of JV as mentioned in Sl. No.1 or 2 or
3 above, as applicable and
iii) Authorization to all the signatories of JV agreement by
the respective partners of JV either in the form of Power
of Attorney or any sort of legally acceptable document as
applicable.
(The partnership firm / JV is required to submit written consent of
all the partners to Arbitration clause as per the provision stipulated
in the Tender Documen).
9 Certificate of Local Supplier (Clause 18 The ‘Class-I Local supplier/Class-II Local Supplier’ at the time
of NIT): of tender, bidding or solicitation shall be required to indicate
percentage of local content and provide self certification that the
item/services offered meets the local content requirement for
‘Class-I Local supplier/Class-II Local Supplier’, as the case may
be. They shall also give details of the location(s) at which the local
value addition is made.

In case of estimated value in excess of Rs. 10 crores, the ‘Class-I

Local supplier/Class-II Local Supplier’ shall be required to provide
a certificate from the statutory auditor or cost auditor of the
company (in the case of companies) or from a practicing cost
accountant or practicing charted accountant (in respect of
suppliers other than companies) giving the percentage of local
content.
10 Undertaking as per the format given in Undertaking regarding genuineness, banning/delesting and “One
Annexure-VII bid per Bidder”(Clause-9.6, 9.9, 41.2(d) & 41.2(e) of Tender
Document)

11 Integrity-Pact: Duly signed and witnessed Integrity Pact in the prescribed format
(Applicable for tendered value of Rs.1.00 (Annexure-II).
Crore & above).
Note: In case of JV, Integrity Pact shall be signed by all the

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 Sl Eligibility Criteria Scanned copy of documents, to be uploaded in support of
No. information/ declaration furnished by the bidder against
Eligibility Criteria as Confirmatory Document
partners.
12 Mandate Form for Electronic Fund Copy of Mandate form duly filled in as per Performa. (As per
Transfer: Annexure- IV).
13 Any other document to support the qualification information as submitted by bidder on-line.

e. Price- Bid/ Cover-II/ Packet-II:

The Price bid containing the Bill of Quantity will be in .xlsx 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 file in pdf format during bid submission in Cover-II.The
Price-bid will be in Item 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 (i.e. Cost to Company). The Price-bids of the tenderers will have no
condition. The Price Bid which is incomplete and not submitted as per instruction given above will be rejected. Any
alteration/modification in the Excel format may lead to rejection of bid.
The L-1 bidder will be decided based on cost to the Company. Prior to quoting the rates in the BOQ file, the bidder
will select the appropriate Goods and Service tax (GST), status from the following list given in the BOQ:
i. GST Registered Bidder under regular scheme, or
ii. GST Registered Bidder under composition scheme, or
iii. GST unregistered Bidder
Note: In case of any discrepancy between the Lump Sum quoted price on the portal and uploaded Price breakup by the
bidder, the Lump Sum price will prevail. Company can ask for the revised breakup from service provider offline for
the Lump Sum price quoted in portal.
10.8. System for Decision of L-1:
The L1 bidder will be decided based on Overall Quoted Value (i.e. Cost to the Company). The system for decision of L-
1 bidder will be as per following 02(two) cases:

Case – 1: Works / Services for which INPUT TAX CREDIT is not available to the Company.
The overall bid price (Cost to Company) will be the rate quoted by the bidder plus applicable rate of GST (Goods &
Service Tax). The ranking of the Bidders will be decided based on ‘Cost to Company’ price. The lowest cost to company
price will be ranked as L-1, the next higher price as L-2 and so on calculated by the system.
Case – 2: Works / Services for which INPUT TAX CREDIT is available to the Company.
The overall bid price (Cost to Company) will be rates quoted by the bidder only; GST (Goods & Service Tax) will not be
added in this case. The ranking of the Bidders will be decided based on ‘Cost to Company’ price. The lowest cost to
company price will be ranked as L-1, the next higher price as L-2 and so on calculated by the system.
10.9. Contract Value:
The Contract Value will be the value of the ‘Rates quoted by bidder plus amount of GST. The liability of payment of
GST by the contractor registered under GST will lie with the contractor. The payment of GST would be made to the
contractor only on submission of Bill / Invoice in accordance with the provision of GST Rules. In case of unregistered
bidder, the applicable GST will be paid by CMPDIL directly to the concerned Tax Authority, if any.
The Price-bids of the tenderers shall have no condition. The Price Bid which is incomplete and not submitted as per
instruction given above will be rejected.
11. Taxes and Duties:
All duties, taxes [excluding Goods and Services Tax (GST) and GST Compensation Cess (if applicable) only] and
other levies 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. All
investments, operating expenses, incidentals, overheads etc. as may be attendant upon execution and completion of
works shall also be included in the rates, prices and total Bid price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission of 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.

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 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. CMPDIL)
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 thereunder and after online filing of valid return
on GST portal. Payment of GST & GST Compensation Cess is responsibility of bidder/contractor.
However, in case contractor is GST unregistered bidder percentage in compliance with GST rules, the bidder shall not
charge any GST and/or GST Compensation Cess on the bill/invoice. In case of unregistered bidder, GST,if applicable
will be deposited by CMPDI directly to concerned authorities in terms with GST provisions.
Input tax credit is to be availed by paying authority as per rule.
If CMPDIL 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 CMPDIL 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.
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. Modification and withdrawal of Bid:
Modification of the submitted bid shall be allowed on-line only before the deadline of submission of tender and the
bidder may modify and resubmit the bid on-line as many times as he may wish.
Bidders may withdraw their bids online within the end date of bid submission. 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:
12.1. 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 1 (one) year from participating in tenders in CMPDIL. The Price-bid of remaining bidders will
be opened and the tender process shall go on.
12.2. 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 CMPDIL. 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.
“The standard operating procedure to handle withdrawal of bid after end date of submission shall be as given in Clause
12.3 below:”

Note : In case of clause 12.1 & 12.2 above, a letter will be issued to the bidder by Tender Inviting Authority with the
approval of Tender Accepting Authority.
12.3. Standard Operative Procedure (SOP) for managing the cases of Withdrawal of Bids in GeM Portal
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.

b. The system of online withdrawal beyond end date of bid submission and till award of contract is not available.
The bidder can withdraw their bid only offline, which may be considered except for some exceptional cases as
mentioned in clause below, either with or without imposition of penalty.
B. Offline Withdrawal of Bids :

a. A partner of bidder (in case of JV and partnership firms) who is registered on the portal can access the portal
for online withdrawal but when there is a split in the business relationship, the partners who is not registered on
12
 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 disassociation from the bidder organization).
b. Offline withdrawal of bid, beyond end date of bid submission and till award of contract, may be considered by
the tender committee.
II. Acceptance of withdrawal by Tender Committee:
Every case of withdrawal under Clause 12.I-(A) (b) and Clause 12.I-(B) shall be put up to Tender Committee for
deliberation and further course of action.
The decision of Tender Committee will be binding on the tenderer.

13. Tender Status:

It will be the bidder’s responsibility to check the status of their Bid online regularly, after the opening of bid till award of
contract. Additionally, information shall also be sent by system generated e-mail and SMS at nodal points (Date of bid
opening, award of work etc.). No separate communication will be required in this regard. Non-receipt of e-mail and SMS
will not be accepted as a reason of non-submission of Confirmatory documents within prescribed time. The Tender
Status will be in public domain and anyone visiting the site can view it by identifying the tender.
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 GeM portal. Under any circumstance, CMPDIL 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.
14. Extension of Time schedule of Tender:
If the number of bids received online is found to be less than three on the end date of bid submission then the bid
submission end date and bid opening date will be extended for a period of four days.
If any of the above extended Dates falls on Holiday i.e non-working day as defined in the GeM 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.

15. OPENING OF TECHNICAL BID:

15.1. Opening of Technical bid: The Technical bid (Cover-I) will be opened on the prescheduled date & time of Tender
Opening.
15.2. 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 rejected.
15.3. All the documents uploaded by bidder(s) including Letter of Bid & EMD exemption documents (if any) and the
Evaluation sheets generated by the system online shall be downloaded after opening of Technical bid (Cover-I).

16. Technical Evaluation of Tender:

16.1 After opening of Technical bid, the documents submitted by bidder(s) in cover I as enlisted in the Tender
document/ATC 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 bidder(s) online. If it
confirms to all of the information/ declarations furnished by the bidder online and does not change the eligibility status of
the bidder then the bidder will be considered eligible for opening of price bid.
16.2 In case the Tender Committee finds that there is some deficiency in uploaded documents corresponding to the
information furnished online or in case corresponding document have not been uploaded by bidder(s) then the same
will be specified online by Evaluator clearly indicating the omissions/shortcomings in the uploaded documents and
indicating start date and end date allowing 7 days (7 x 24 hours) time for online re-submission by bidder(s). The
bidder(s) will get this information on their personalized dashboard under “Upload confirmatory document” link.
Additionally, information shall also be sent by system generated email and SMS, but it will be the bidder’s responsibility
to check the updated status/information on their personalized dash board regularly after opening of bid. No separate
communication will be required in this regard. Non-receipt of e-mail and SMS will not be accepted as a reason of non-
submission of documents within prescribed time. The bidder(s) will upload the scanned copy of all those specified
documents in support of the information/ declarations furnished by them online within the specified period of 7 days. No
further clarification shall be sought from Bidder.
16.3 It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the required documents as
mentioned above.

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16.4 The tender will be evaluated on the basis of documents uploaded by bidder(s) online. The bidder(s) is/are 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.
16.5 In case the bidder(s) submit(s) requisite documents online as per NIT, then the bidder(s) will be considered eligible for
opening of Price Bid.
16.6 Seeking clarification shall be restricted to confirmation of submitted document/online information only and it should be
only for one time for a period of upto 7 days. The clarification shall be taken in online mode in the GeM portal only.
16.7 The verification of Document from source shall be done only in case of complaints received or on suspicion. This would
be done either through speed post or through electronic communication. No anonymous/pseudonymous complaints
shall be entertained.
16.8 In case bidder(s) fails to confirm the online submitted information(s)/ declaration(s) by the submitted documents as
(16.2) above, their/his bid shall be rejected; however, if the confirmatory documents do not change eligibility status of
the bidder in connection his submitted online information(s)/declaration(s), then his/their bid will be accepted for
opening
16.9 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified If they have made
misleading or false representations in the form of statements and attachments submitted in proof of the qualification
requirement.
16.10 After Technical evaluation of tender, “Technical Evaluation Summary” will be uploaded by the evaluator and price bid
shall be opened on preschedule date and time mentioned online in the GeM portal.
16.11 In case none of the bidder(s) complies the technical eligibility criteria as per NIT, then bidder(s) will be rejected online
and re-tender (if required) will be done (with the same or different quantity, as per the instant requirement)
16.12 Preference/Exemption to MSEs, Start-up and Make in India would be applicable as per Government directives issued
and as amended from time to time .
17. Financial Evaluation of the bids:
17.1. The Tender Committee will recommend for award of work to the successful bidder after evaluating their technical-
commercial eligibility based on the scanned documents uploaded by bidder(s) and after evaluation of the
reasonableness of L-1 rates as per provisions of Manual of CIL and other guidelines issued from time to time.
17.2. Deleted
17.3. After competent approval and financial concurrence of TCR, the Letter of Acceptance (LoA) to the L-1 bidder will be
issued.
17.4. The processes for entering into the agreement with the successful bidder will be done offline as per the prevailing
manual system. However, the documents required to be submitted by contractor for executing the agreement will be
specified in the Tender document (Annexure-VII).
17.5. If L1 bidder backs out, the EMD will be forfeited and the bidder will be debarred for minimum one (01) year from
participating in tenders in CMPDIL.
18. A. Preference to Make in India:
Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 04.06.2020, 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 local suppliers in the following manner :
In the procurement of works which are divisible in nature, the following procedure shall be followed :-
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.
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.

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 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:-
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.
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.
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
GeM portal by recycling ‘Any other document’ link.
Verification of local content :
If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at the time of bidding shall submit either
self-certification indicating the percentage of local content in the offered items.
If the estimated value of procurement is more than Rs. 10 crores, all the Bidders shall submit along with its bid 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.
They shall also give details of the location(s) at which the local value addition is made.
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.
False declarations will attract banning of business of the bidder for a period up to two year.
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.

18. B. Procurement from Micro and Small Enterprises (MSEs) (applicable for service nature of tenders):

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. 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.

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 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 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) The MSEs should be registered with District Industries Centers (DICs)/ Khadi & Village Industries Commission
(KVIC)/ Khadi & Village Industries Board (KVIB)/ Coir Board/ NSIC/ Directorate of Handicrafts and Handloom or any
other body specified by Ministry of Micro, Small & Medium Enterprises (MoMSME) are eligible for availing benefits
under the Public Procurement Policy for Micro and Small Enterprise (MSEs) Order, 2012 as amended from time to time.
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.
xi) The existing MSE enterprises registered prior to 30th June 2020, shall continue to be valid for a period up to
31.03.2021 only. Mandatorily bidders need to have “Udyam Registartion Certificate” after 31.03.2021 for availing
benefits under the Public Procurement Policy for Micro and Small Enterprise (MSEs) Order, 2012 as amended from
time to time.
x) 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 banned for a minimum period of 1(One) year in line with
provisions of Banning of Business.

19. Restrictions under Rule 144(xi) of general Finance Rule (GFRs), 2017
1. 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.
2. ‘Bidder’ 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.
3. The competent Authority for the purpose of Registration shall be the Regritration Committee constituted by the
Department for Promotion of Industry and Internal Trade (DPIIT).
4. “Bidder from a country which shares a land border with India” for the purpose of this Order means:-
a) An entity incorporated, established or registetred 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 registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural operson who is citizen of such a country; or
g) A joint venture where any member of the joint venture falls under any of the above.
5. The Beneficial owner for the purpose of 4 above will be as under:
(i) 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 juridicial person, has a controlling ownership interest
or who excercises control through other means.
Explanation-
a) “Controlling ownership interest” means ownership of or entitlement to more than twenty-five per cent of
shares or capital or profits of the company;

16
 b) “Controll’; shall include the right to appoint majority of the directors or to control the management or policy
decisions including by virtue of their shareholding or management rights or shareholders agreements or
voting agreements.

(ii) 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 juridicial person, has ownership of entitlement to more than fifteen percent of
capital or profits of the partnership;

(iii) In case of an unincorporated association or body of individual;s, 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;

(iv) 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;

(v) 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.
(vi) An agent is a person employed to do any act for another, or to represent another in dealings with third person.

20. Abnormally high rate (AHR) & Abnormally low rate ( ALR) items:
20.1. An Abnormally Low Bid is one in which the bid price, in combination with other elements of the bid, appears so low
that it raises material concerns as to the capability of the bidder to perform the contract at the offered price. in
case of Abnormally Low Bids, CMPDIL may seek written clarifications from the bidder, including detailed price
analysis of its bid price in relation to scope, schedule, allocation risks and responsibilities and any other
requirements of the bid documents. If, after evaluating the price analysis, CMPDIL determines that the bidder has
substantially failed to demonstrate its capability to deliver the contract at the offered price, CMPDIL may reject the
bid/ proposal.
20.2. Normal performance security shall be furnished within 21 days of issuance of LoA by the successful bidder.
21. Bid Extension:
If number of bids received online is found to be less than three on end date of bid submission then the following critical
dates of the Tender will be extended for a period of four days:
i) Last date of submission of Bid
ii) Bid Opening date.
This extension will be also applicable in case of receipt of zero bid.
22. Cancellation of Tender:
If no Bid is received, the tender will be cancelled.
In case none of the bidder(s) complies the technical eligibility criteria as per NIT, then bidder(s) will be rejected online.
In such case re-tender (if required) will be done (with the same or different quantity, as per the instant requirement)
23. Deleted.
24. The processes for entering into the agreement with the successful bidder will be done offline as per the prevailing
manual system. However, the documents required to be submitted by contractor for executing the agreement will be
specified in the Tender document (Annexure-VIII).
25. The Company reserves the right to postpone the date of receipt and opening of tenders without assigning any reason
whatsoever.
26. The Company reserves its right to allow Public Enterprises purchase preference facility as admissible under prevailing
policy.
27. Subletting/Sub-vending: 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 contractor or his sole authorized agent shall be
the sole point of contact for all purposes of the contract. The contractor will have the sole and prime responsibility for
the execution of the statement of work. The prime contractor shall confirm unconditional acceptance of full responsibility
of executing the scope of work in this tender. The confirmation should be submitted along with the techno-commercial

17
 bid. 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.
28. 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
29. Matters relating to any dispute or difference arising out of this tender and subsequent contract awarded based on this
tender shall be subject to the jurisdiction of Ranchi Court only.
30. Site Visit: The Bidder, at the Bidder’s own responsibility, cost and risk, is encouraged to visit and examine the Site of
works and its surroundings on CMPDIL’s specified date(Contact person: Ashutosh Pratap Singh, Manager
(Geology), Regional Institute-IV, Contact No 8840491704) 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.
CMPDI officials shall be available at site to assist the bidders during site visit.
It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the working conditions and
other prevalent conditions and fluctuations thereto whether he actually visits the site/area or not and has taken all the
factors into account while quoting his rates.
31. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible and liable for those costs.
32. 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.

33. 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.
34. The tenderer shall closely study all specifications in detail, which govern the rates for which he is tendering.
35. Currencies of Bid and Payment:
The unit rates and prices shall be quoted by the Bidder in Indian Rupees only.
36. Period of Work:
The work should be completed as per schedule and the date of commencement of the work will be reckoned from the
actual date of issue of letter of acceptance/work order or handing over the relevant document to the contractor,
whichever is later.
37. Commencement of Work:
The work should be completed within the stipulated period and the date of commencement of the work will be reckoned
from the actual date of issue of letter of acceptance/work order or handing over the relevant document to the contractor,
whichever is later.
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.
38. Deployment of Manpower and Machineries:
The tenderer(s) will deploy sufficient number and size of equipment /machineries/vehicles and the technical/
supervisory personnel required for execution of the work.

39. 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
GeM portal 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").
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 I. The work order/contract shall be issued after submission of Performance Security and Additional Performance
Security (if any) by the Contractor as per schedule with following details: -.
a. Time schedule for Execution of Formal written Agreement.
b. Any other salient detail as per standard format.
The Agreement will incorporate all agreements between the Employer and the successful Bidder and shall be executed
within 14 days of confirmation of Performance Security submitted by the contractor as per contract conditions.
In case of failure to enter in to agreement within specified period the contract will be terminated in accordance to clause
4.4 of conditions of contract(GTC).
No payment for the work shall be made before execution of this agreement.
II. 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.
III. 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 and one additional
copy will be supplied to the contractor free of cost and the original is to be retained by the company. For any additional
copy, additional cost to be charged.
All additional copies should be certified by the Engineer-in-Charge.
The L-1 bidder will get the information regarding award of work. On receipt of Letter of Acceptance (LOA) of the tender
issued by the Company, the successful tenderer shall execute contract agreement in the company's prescribed form for
the due fulfillment of the contract. Failure to enter into the required contract within the specified period in the LOA shall
entail cancellation of LOA and forfeiture of the Earnest Money. The written contract to be entered into between the
contractor and the company, shall be the foundation of the rights of both the parties and the contract shall not be
deemed to be executed until the contract is signed by both the parties i.e. Contractor and the Company.
40. Validity of offer:
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 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. 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. 12 (Modification and
Withdrawal of Bid) of NIT.
41. One Bid per Bidder:
41.1. 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.
41.2. Conflict of Interest
A Bidder may be considered to have a Conflict of Interest with one or more parties in this bidding process, if:
a) they have controlling partner(s) in common; or
b) they receive or have received any direct or indirect subsidy / financial stake from any of them; or
c) they have the same legal representative / agent for purposes of this bid; or
d) they have relationship with each other, directly or through common third parties, that puts them in a position to have
access to information about or influence on the bid of another Bidder; or
e) a Bidder or any of its affiliate participated as a consultant in the preparation of the design or technical specification of
the contract that is the subject of the bid; or

19
 f) in case of a holding company having more than one Subsidiary/Sister Concern having common business ownership
/ management only one of them can bid. Bidders must proactively declare such sister/common business /
management in same / similar line of Business;
all such Bidders having a Conflict of Interest, shall be disqualified.
42. 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.
43. Performance Security shall be 5% of annualized value of contract amount or contract amount, whichever is
less and is to be submitted within 21 days of issue of LOA by the successful bidder, in any of the form given
below:
a. A Bank Guarantee in the form given in the Bid Document. The Bank Guarantee shall be issued by a Scheduled
Bank / Nationalized Bank on SFMS platform and shall be irrevocable and unconditional. CMPDI shall have the
powers to invoke it notwithstanding any dispute or difference between contractors and CMPDI pending before the
court, tribunal, arbitrator or any other authority. The Issuing Bank have to send the BG details through SFMS
platform to our bank the details of which are as below:
Name of Bank: State Bank of India,
Branch: CMPDI Branch,
IFSC: SBIN0005598
A/c No: 10106155087
Address: Gondwana Place, Kanke Road, CMPDIL Campus, Ranchi – 834008.
b. Govt. Securities, FDR or any other form of deposit stipulated by the owner shall be duly pledged in the favour of
Central Mine Planning & Design Institute Ltd.
c. Money (Demand Draft) drawn in favour of Central Mine Planning & Design Institute Ltd. on any Scheduled Bank
payable at its branch at RANCHI.
d. The Earnest Money / Bid Security deposit shall be adjusted to Performance Security Deposit or discharged at
the option of the Bidder when the bidder has signed the agreement and furnished the required Performance
Security / Security Deposit.
e. If performance security is provided by the successful bidder in the form of Bank Guarantee it shall be issued either:
(a) at Bidder’s option by a Scheduled Bank
or
(b) by a foreign bank located in India and acceptable to the employer.
f. The validity of the Bank Guarantee shall be for a period of one year or ninety days beyond the period of contract
or extended period of contract (if any), whichever is more (Zero date for BG is the Date of issue of LOA).
g. In case the successful bidder fails to submit the Performance Security within the stipulated time then the award of
work shall be cancelled with forfeiture of the bid security/earnest money. In case of JV/ Partnership firm, the
debarment shall also be applicable to all individual partners of JV/ Partnership firm.
h. All running on account bills shall be paid at 97%. The balance 3% shall be treated as Retention Money and will be
second part of security deposit. Retention money of 3% deducted from the bills shall be refunded within 60
days of the completion of the work after competent approval for closure of the contract as per relevant clause of
the contract. (The date of completion of the work will be certified by the PRCO/GM (Exploration).
i. 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 contractor’s
subsequent on account running bills, if any.
j. If security deposit is submitted in the form of ‘Bank Guarantee’ the original instrument thereof shall be
retained by CMPDI after its relinquishment / absolution and returned only against specific request.
k. Performance Security shall be refunded within 60 days of the completion of the work after competent approval for
closure of the contract as per relevant clause of the contract. (The date of completion of the work will be certified by
the Project Manager).

44. In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any other charges from the supplier /
vendor, the same will be recovered and the amount shall be adjusted with the payment to be made to the supplier /
vendor against their bill / invoice or any other dues.
45. Employment of Local Labour:

20
 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 wages fixed (notified and prevalent during execution of the
work for mining activity) by the Company and guidelines incorporated at Clause 12 of GTC. CIL/ Subsidiary companies
shall specify such rates in their bid.

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 which shall be in
accordance with the following guidelines:
a) The Contractor must be mandatorily registered as employer under the CMPF Act and allied scheme and shall
submit details of their workers with the CMPF number, wherever required. The contractor shall submit CMPF
registration certificate before signing of agreement.
b) If any employee of a Contractor is not a member of any Provident Fund, he shall be required to become a
member of CMPF scheme immediately, for availing benefits therefrom.
c) Where the employees of a Contractor are members of EPF scheme, the Contractor shall provide appropriate
facilitation to those employees who voluntarily opt for conversion from EPF Schemes to CMPF Schemes.

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 be, to the Competent Authority annually or as and
when asked. Bidder shall also submit copies of statutory returns.

46. Non-disclosure/ Confidentiality clause:

The bidder will not at any time during pendency of contract or afterwards, disclose to any person any information as to
documents, components, parts, information, drawings, data, sketches, plans, programs, specifications, techniques,
processes, software, inventions and other materials, both written and oral, of a secret, confidential or proprietary nature,
including without limitation any and all information relating to finance , invention, research, design or development of
information system and any supportive or incidental subsystems, and any and all subject matter claimed in or disclosed
by any patent application prepared or filed by or on behalf of CMPDI, in any jurisdiction, and any amendments or
supplements thereto. The bidder should understand that any breach of this clause would constitute a serious offence for
which appropriate legal action may be taken to ensure the enforcement of confidentiality clause.
CMPDI also desires that the bidder shall hold in trust and confidence, and not disclose to others or use for its own
benefit or for the benefit of other, any Proprietary Information which is disclosed to the bidder by CMPDI at any time
during the agreement / award of work / execution of work and thereafter. The bidder shall disclose Proprietary
Information received under the contract to person within its organization only if such persons (i) have a need to know
and (ii) are bound in writing to protect the confidentiality of such Proprietary Information. This clause shall survive and
continue after any expiration or termination of the contract and shall bind the contractor, its employees, agents,
representatives, successors, heirs and assigns.
If services are not found satisfactory, CMPDI reserves the right to cancel the contract within three-months.
47. 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.

48. Compliance of Applicable Labour Laws:

a. The contractor shall abide by the rules & regulations of Labor’s Laws applicable in their case relating to weekly
holidays, overtime allowance, leave with wages and compensatory holidays etc.
b. The contractor shall strictly implement all relevant provisions enumerated under Contract Labour (Regulation &
Abolition) Act. 1970 and will submit all statutory documents and records as applicable to concerned authorities
and shall take full responsibility for obtaining labour license from Central/State Authority as per the Act.
He/she/they will also ensure timely submission of statutory returns as applicable in their case.
c. The contractor shall not pay less than the specified category of minimum wages to the labour engaged by
him/her/them as per Minimum Wages Act, 1948 notified by the State Govt. or Central Govt. whichever is higher
and as may be in force and the payment has to be released under the Payment of Wages Act 1936. In this matter
the decision of the department shall be final and binding. The contractor shall provide benefits / facilities to its
employees in accordance with the applicable laws to this locality i.e. Jharkhand. CMPDI shall be kept completely
indemnified against any liability and consequences thereof. The contractor will be responsible to maintain
records/documents pertaining to payment of wages to its workmen as desired by State/Central Govt. Laws

21
 including Payment of Wages Act, 1936, Equal Remuneration Act, 1976 & Payment of Bonus Act 1965.
d. The Contractor should maintain all records in Hindi or English 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, 1948, Workmen Compensation Act, 1923, Employees State
Insurance/Act, 1948 etc. and latest amendment thereof. Such records maintained by the contractor shall be open
for inspection by the Engineer-in-charge or by the nominated representative of the Principal Employer.
e. The contractor will strictly regulate the terms of employment of his/her/their employees and manage the discipline
as per Industrial Employment (standing orders) Act. 1946.
f. The contractor shall get himself registered under Employees Provident Funds/ Coal Mine Provident Fund, ESI and
miscellaneous provisions registration no. or Code no. allotted for the specific establishment within reasonable time
and submit the same to the employer, which are to be obtained before payment of 1st on a/c bill. The contractor
shall maintain records/document in compliance with the payment of bonus Act 1965.
g. The contractor shall be solely responsible for the payment of wages, including overtime wages to the workmen
and ensure its timely payment thereof through Bank.
h. The Contractor shall abide the rules and regulations of Pradhan Mantri Suraksha Yojana.
i. The contractor or its workmen shall not at any point of time have any claim whatsoever against the CMPDI.
j. The contractor shall indemnify the CMPDI in so far as liability incurred by the CMPDI on account of any default by
the contractor.
k. Neither the contractor nor his workmen can be treated as employees of the CMPDI for any purposes. They are not
entitled for any claim, right, preference etc over any job/regular employment of the CMPDI.
l. If the contractor fails to discharge his duties or neglects to perform the work agreed to done under the agreement,
the CMPDI is entitled to terminate this agreement as per clause and get the work done by / through other means
and claim reimbursement of actual expenses incurred and also damages for the loss incurred on account of failure
on the part of the contractor to discharge the duties or to perform the work under the agreement.
m. The Contractor shall in addition to any indemnity provided by the relevant clauses of the agreement or by law,
indemnify and keep indemnified, the CMPDI against all claims, damages or compensation under the provisions of
Payment of Wages Act, 1936, Minimum Wages Act, 1948, Employer's Liability Act, 1938, Workmen’s'
Compensation Act, 1923, Employees provident fund, Employees State Insurance 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 consonance 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 or death.

49. Splitting up of the work:

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.

50. CLOSURE OF CONTRACT:

i) The closure of contract shall be done within a period of 150 days after completion of the work.
ii) Closure of contract may be done on execution of the work as per agreement and within the stipulated time
period or the extended time period.
51. 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 GM / HoD of the concerned department for the tenders of HQ and to the
Regional Director of the respective Regional Institute of CMPDIL for the tenders of RIs. 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.
52. Settlement of Disputes through Arbitration:
22
 If the parties fail to resolve the disputes/ differences by in house mechanism, then, depending on the position of the
case, either the employer/ owner or the contractor shall give notice to other party to refer the matter to arbitration
instead of directly approaching Court.
The contractor shall, however, be entitled to invoke arbitration clause only after exhausting the remedy available for
settlement of dispute as per provisions of the Tender document.
i. In case of parties other than Govt. agencies, the redressal of disputes/ differences shall be sought through Sole
Arbitration as under.

Sole Arbitration:
“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.
ii. In case of Govt. agencies, the redressal of disputes/ differences shall be sought through Sole Arbitration as under.
Sole Arbitration:

“In the event of any dispute or difference relating to the interpretation and application of the provisions of the
commercial contract(s) between Central Public Sector Enterprises (CPSEs) / Port trusts inter-se and also between
CPSEs and Government Departments / Organizations (excluding disputes concerning Railways, Income Tax,
Custom & Excise Departments), such dispute or differences shall be taken up by either party for resolution through
AMRCD (Administrative Mechanism for Resolution of CPSEs Disputes) as mentioned in DPE OM No.
05/0003/2019-FTS-10937 dtd. 14.12.2022”.
53. Legal Jurisdiction:
Matters relating to any dispute or difference arising out of this tender and subsequent contract awarded based on this
tender shall be subject to the jurisdiction of Ranchi Court (Jharkhand) only.
54. Integrity Pact:
The Integrity Pact as per format given under General Terms & Conditions has to be accepted by the bidder through the
User Portal Agreement.
The Two Independent Monitor nominated for this tender shall be as under-

Shri Gopal Krishna, IAS (Retd.) Shri Bipin Bihari Mallick. IAS (Retd.),
D-52, Ground Floor, 293. Naval Technical officers CCHS.
Near Red Roses Public School, Sector-22. Dwarka. New Dclhi – 110077
Saket, New Delhi-110017 e-mail:[email protected]
Mobile No. 9903254000
E-mail: [email protected]

भवदीय

महाप्रबन्धक (सी.एम.सी)

23
 GENERAL TERMS AND CONDITIONS (GTC) OF CMPDI

1.0 DEFINITIONS

i. The word "Company'" or "Employer" or "Owner" or “CMPDI” wherever occurs in the conditions, means the
Central Mine Planning & Design Limited, represented at the headquarters of the Company by the Chairman-
cum-Managing Director or his authorized representative or any other officer specially deputed for the purpose.
ii. The The word "Contractor" wherever occurs means the successful Bidder who has submitted the necessary
Earnest Money and has 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.
iii. "The Site" shall mean the site of the contract work viz for Detailed Exploration in Dhorakuhi coal Block,
Pench Kanhan Tawa Coalfield, in Chhindwara District in the State of Madhya Pradesh, India is being
carried out.
iv. The term "subcontractor", as employed herein, includes those having a direct contract with contractor either on
piece rate, items rate, time rate or on 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 supplied
materials.
v. '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 in this behalf by the Company.
vi. A 'Day' shall mean a day of 24 hours from midnight to midnight.
vii. Engineer-in-charge/Designated Officer-in-charge will be the Project Coordinator (PRCO). In all cases PRCO
will be General Manager (Exploration), CMPDI (HQ), Ranchi who will be responsible for supervising and
administrating the Contract, certifying payment due to the contractor, valuing variations to the contract,
awarding extension of time and valuing compensation events.
General Manager (Geology)/HoD(Exploration), Regional Institute-IV, Nagpur will be the Project Manager
who will be directly responsible for supervising the work being executed at the site such as certifying the
quantities, give observation in the matter of valuing variations to the contract, awarding provisional extension of
time and valuing compensation for events on behalf of the PRCO after due deliberation with PRCO under the
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/ PRCO.
viii. The 'Contract' shall mean the Notice Inviting Tender, the tender as accepted by the Company and the formal
Agreement executed between the Company and the Contractor together with the documents referred to
therein including General Terms and Conditions, Special Conditions, if any, specifications, designs & drawings
including those to be submitted during progress of work, schedule of quantities with rates and amounts.
ix. The 'works' shall mean the works required to be executed in accordance with the contract or parts thereof as
the case may be and shall include all extra or additional, altered or substituted works or any work of emergent
nature, which in the opinion of the Project Manager, become necessary during the progress of the works to
enhance the reliability of exploration.
x. 'Schedule of Rates' referred to in these conditions shall mean the standard schedule of rates prescribed by the
Company and the amendments issued from time to time.
xi. 'Contract Price' shall mean the total sum arrived at, based on the individual rates quoted by the Bidder for the
various items shown in the 'Bill of quantities' of the Tender Specification Documents as accepted by the
Company with or without any alteration as the case may be.
xii. 'Written Notice' shall mean a notice or communication in writing and shall be deemed to have been duly served
if delivered in person to the individual or to a member of the firm or to an office of the Corporation/Company for
whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who
gives the notice.
xiii. "Drawings"/"Plans" shall mean all:
(a) drawings/plans furnished by the owner with the Tender Specification Document, if any, as a basis for
proposals,
(b) working drawings/plans furnished by the Owner after issue of letter of acceptance of the tender to start the
work,
c) subsequent working drawings/plans furnished by the owner in phases during progress of the work, and
d) drawings/plans, if any, submitted by the contractor and duly approved by the owner.
xiv. "Codes" shall mean the following, including the latest amendments, and/or replacements, if any:

24
 (a) Bureau of Indian Standards relevant to the works under the contract and their specifications.
(b) Indian Electricity Act and Rules and Regulations made thereunder.
(c) Indian Explosive Act and Rules and Regulations made thereunder.
(d) Indian Petroleum Act and Rules and Regulations made thereunder.
(e) Indian Mines Act and Rules and Regulations made thereunder.
(f) Any other Act, rule and regulations applicable for employment of labour, safety provisions, payment of
provident fund and compensation, insurance etc.

2.0 CONTRACT DOCUMENTS

2.1. The following documents shall constitute the contract documents:
(i) Articles of Agreement,
(ii) Notice Inviting Tender,
(iii) Letter of Acceptance of Bid indicating deviations, if any, from the conditions of contract incorporated in
the Bid/Bid document.
(iv) Conditions of contract, including general terms and conditions and additional terms and conditions
forming part of the bid document,
(v) Integrity Pact, if applicable
(vi) Scope of work/Bill of Quantity
(vii) Finalised work programme.
(viii) Guidelines for Banning of Business
(ix) Any other document if required.
After acceptance of tender and on execution of contract/issue of work order to proceed with the work, as the
case may be, the Contractor shall be furnished, free of charge, two copies of contract documents (certified true
copies), excepting those drawings to be supplied during the progress of work. 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 Project Manager or any other official authorized by the Company for the purpose.
2.2. None of these documents shall 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. Matter relating to any dispute or difference arising out of this tender and subsequent contract awarded based
on the Bid shall be subject to the jurisdiction of Ranchi Court only.
3.0 DISCREPANCIES AND ADJUSTMENTS THEREOF
3.1. The documents forming part of the contract are to be treated as mutually explanatory of one another and in
case of discrepancy between schedules of quantities, the specifications and/or drawings; the following order of
preference shall be observed:
a. Description in schedule of quantities
b. Particular specification and special conditions, if any
c. Drawings / Work Programme / Agreement
d. General Specification
In the event of varying or conflicting provisions made in any of the document/documents forming part of the
contract, the Accepting Authority's decision/clarification shall hold good with regard to the intention of the
document or contract, as the case may be.
3.2. Any error in description, quantity or rate in schedule of quantities or any omission therefrom, 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.
4.0 SECURITY DEPOSIT
4.1. Security Deposit shall consist of 2 parts as mentioned below and shall be submitted at award of work.
a) Performance Security (first part of security deposit) shall be 5 % of annualized value of contract amount
or contract amount, whichever is less and is to be submitted within 21 days of issue of LOA by the
successful bidder and
b) All running on account bills shall be paid at 97%. The balance 3% shall be treated as Retention Money
and will be second part of security deposit.

The security deposit shall bear no interest.

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 4.2. Performance Security (first part of Security Deposit) shall be 5% of annualized value of contract
amount or contract amount, whichever is less and should be submitted within 21 days of issue of
LOA, by the successful Bidder in any of the form given below:
- A Bank Guarantee (BG) in the form given in the Tender Specification Document.
- Govt. Securities, FDR or any other form of deposit stipulated by the owner and duly pledged in the
favour of Central Mine Planning & Design Institute Ltd
- Demand Draft drawn in favour of Central Mine Planning & Design Institute Ltd on any Scheduled
Bank payable at its Branch at Ranchi.

However, Company may approve submission of Performance Security beyond 21 days by another 14 days
with proper justification on a case to case basis.

4.3. If performance security is provided by the successful Bidder in the form of BG it shall be issued either -
(a) at Bidder’s option by a nationalized/Scheduled Indian Bank or
(b) by a foreign bank located in India and acceptable to the employer.
(c) The validity of the Bank Guarantee shall be for a period of one year or ninety days beyond the period
of contract or extended period of contract (if any), whichever is more (Zero date for BG is the Date of
issue of LOA).
4.4. In case the successful bidder fails to submit the Performance Security within the stipulated time then the award
of work shall be cancelled with forfeiture of the bid security/earnest money.
4.5. In case of JV/Partnership firm, the banning shall also be applicable to all individual partners of JV/ Partnership
firm.
4.6. The rates and prices quoted by the Bidder shall attract price escalation as provided in Additional Terms and
Conditions.
4.7. Refund of security deposit - The refund of performance security deposit shall be subject to company's right
to deduct/appropriate its dues against the contractor under this contract or under any other contract. On
completion of the work and certified as such by the PRCO/GM (Exploration), the security deposit remaining
with the company shall be refunded.

Performance Security (1stpart of security deposit) shall be refunded within 60 days of the completion of the
work. (The date of completion of the work will be certified by the Project Coordinator (PRCO).
Retention Money (2nd part of security deposit) shall be refunded within 150 days of the completion of the work.
(The date of completion of the work will be certified by the Project Coordinator (PRCO).
Note: In case Scope of work is including preparation of Geological report, then, completion of the work will mean
Submission of Final Geological Report.

5.0 DEVIATIONS / VARIATIONS IN QUANTITIES - EXTENT AND PRICING

The quantities given in the 'Price Bid Format' are provisional and are meant to indicate the approximate extent
of the work and to provide a uniform basis for tendering and any variation either by addition or omission by
Company shall not vitiate the contract.
5.1. The Company through its PRCO shall, without radically changing the original scope and nature of the
contracted work, have power to make any alterations in or additions to or substitution of the approved
exploration scheme that may appear to be necessary or advisable during the progress of the work. The
contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by
the PRCO 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 conditions in all
respects on which they agree to do the main work and at the same rate/rates as are specified in the contract.
5.2. In case of difficulty in handing over the site indicated in tender document or in continuing the work as per the
agreed time and progress chart in allocated site, the Company shall have the right to allocate an alternative
and/or supplementary site similar to the original site in terms of geological formations and the same range of
leads in the same mine/block to achieve the quantity limited to mutually agreed time and progress chart/NIT.
No sooner the adequate hindrance free space at original site is available the work should be restored in the
original site. In such cases no extension of contract with additional quantity shall be done.
5.3. If the additional, altered or substituted work includes any class of work for which no rate/rates is/are specified
in the contract, rates for such items shall be determined by the PRCO as follows:

26
 a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in
the contract/tender, failing which
b. the rates shall be derived from the company's prescribed schedule of rates based on which the estimate
for tendering has been prepared plus or minus the percentage by which the tendered amount for the
whole work quoted by the contractor is above or below the estimated amount as per the Tender
Specification Documents, failing which
c. the rate shall be derived from contractor's rate claimed for such class of work supported by analysis of the
rate/rates claimed by the contractor. The rate to be determined by the PRCO as may be considered
reasonable taking into account percentage of profit and overhead not exceeding ten percent or on the
basis of market rates, if any, prevailing at the time when work was done.

However, the PRCO shall be at liberty to cancel the instruction by notice in writing and to arrange to carry out
the work in such manner as he /she considers advisable under the circumstances. The contractor shall under
no circumstances suspend the work on the plea of non-settlement of rates.
5.4. Quantities are likely to vary by (+/-) 30% due to element of surprises inbuilt in any sub-surface exploration
such as (i) variation in expected depth of occurrence of target/potential seam (i.e. Borehole depth), (ii) areal
variation in potentiality of the seams requiring curtailment/enhancement/variation in geographical extent of the
block, (iii) variation in number/density of boreholes on account of complexity of the structural setup revealed in
course of exploration, etc.. Alterations in the quantities shall not be considered as a change in the conditions of
the contract nor invalidate any of the provision. Supplementary/ revised work order shall be issued on revised
quantities on the same rates and terms & conditions. The duration of the contract would be adjusted on pro
rata basis for any increase/decrease in quantities which shall be clearly stipulated in the
Supplementary/revised work order.
In case, variation is expected/required in occurrence of target/potential seam during the course of exploration
and the said variation is up to 30% of the envisaged depth as given in tender document/work order/exploration
scheme, the rate of payment for the said additional depth up to 30% (i.e. meterage from envisaged depth to
the actual drilled depth) will be calculated/paid based on predefined logic as detailed in clause 5.9 of the GTC.
A Supplementary/ revised work order shall be issued on the rates as per clause 5.9 of the GTC.
5.5. The time for completion of the originally contracted work shall be extended by the Company in the proportion
that the additional work (in value) bears to the original contracted work (in value) as may be assessed and
certified by the Project Manager and vetted by PRCO.
5.6. The validity of the Bank Guarantee, if submitted by the contractor, in lieu of performance security / security
deposit shall be extended in pursuant to Clause Nos. 4.3 taking into consideration the period of extension.
5.7. The Company through its PRCO 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 work in
accordance with the instruction given by the PRCO. No claim for omitting the part of the work or extra
charges/damages shall be made by the Contractor on these grounds.
5.8. In the event of any deviation being ordered which in the opinion of the contractor changes radically the original
scope and 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 or the rate/rates to be
paid thereof shall be resolved separately with the Company.

6.0 TIME FOR COMPLETION OF CONTRACT - EXTENSION THEREOF, DEFAULTS & COMPENSATION FOR
DELAY
Immediately after the Bid of the contract is concluded, the PRCO/GM (Exploration) and the contractor shall
agree upon time and progress chart prepared on the basis of a transportation schedule (Mobalisation
Period) to Exploration Scheme be submitted by the contractor showing the order detail in which the work is
proposed to be carried out within the time specified in the contract documents. For the purpose of this time
and progress chart, the work shall be deemed to have commenced on the expiry of 10 (ten) days from issue
of Letter of Acceptance/work order or handing over the relevant document to the contractor for preparation of
Exploration Scheme, whichever is later.

However, the Date of Commencement may be decided with mutual consent with the Contractor on any date
after issuance of Letter of Acceptance/Work Order or handing over the relevant document to the contractor for
preparation of Exploration Scheme prior to the date as prescribed above.

27
 However, payment for the work done would be made only after execution of the agreement.
6.1. If the Contractor, without reasonable cause or valid reason, commits default in commencing the execution of
the work within the aforesaid date, the Company shall, without prejudice to any other right or remedy, be at
liberty, by giving 15 days’ notice in writing to the contractor to commence the work, failing which action will be
taken as follows:
(i) If the bidder has not submitted Performance Security, then the Earnest Money will be forfeited and he
may also be banned for a minimum period of one year; or
(ii) If the bidder has submitted Performance Security, in that case Performance Security Deposit will be
forfeited and he may also be banned for a minimum period of one year.
In case of JV/Partnership firm, the debarment shall also be applicable to all individual partners of
JV/Partnership firm.
6.2. In the event of the Contractor’s failure to comply with the required progress in terms of the agreed time
and progress chart, he shall without prejudice to any other right or remedy available under the law to
the Company on account of such breach, shall become liable to pay for penalty as under:
If the average daily progress of work during the calendar months is less than the stipulated rate indicated
in the detailed tender notice/ agreed work schedule, penalty as detailed below will be levied.
i) If the average daily progress of work executed during the calendar month is 80% and more but less
than 100% of the stipulated rate indicated in the detailed tender notice/ agreed work schedule (quan-
tity-wise), penalty equal to 10% of the contract value(excluding GST) of the short fall quantity in work
shall be deducted at the end of the respective Financial Quarter if the shortfall quantity either in full or
part has not been made up within that Financial Quarter.
ii) If the average daily progress of work executed during the calendar month is less than 80% but more
than or equal to 70% of the stipulated rate indicated in the detailed tender notice/ agreed work
schedule (quantity-wise), penalty equal to 20% of the contract value (excluding GST) of the short fall
quantity lying in the given range of work shall be deducted at the end of the respective Financial
Quarter if the shortfall quantity either in full or part has not been made up within that Financial Quar-
ter.
iii) If the average daily progress of work executed during the calendar month is less than 70% of the
stipulated rate indicated in the detailed tender notice/ agreed work schedule (quantity-wise), penalty
equal to 20% of contract value(excluding GST) of the short fall quantity of that month beyond 30% of
the stipulated rate indicated in the detailed tender notice/ agreed work schedule (quantity-wise) shall
be deducted in the bill of that calendar month itself and shall not be refunded.
iv) The aggregate of the penalties so levied shall not exceed 10% of the total Contract Value (excluding
GST) for the entire contracted work.
The Contractor shall be allowed to make up the shortfall as per a (i) & (ii) above within the respective
Financial Quarter only.
The penalties so deducted shall not be refunded.
6.3. Extension of date of completion - on happening of any events causing delay as stated here under, the
Contractor shall intimate Engineer-In Charge in writing immediately:
a) abnormally bad weather
b) serious loss or damage by fire
c) civil commotion, strikes or lockouts affecting any of the trades employed on the work
d) delay on the part of the Contractors or tradesmen engaged by the Company not forming part of the contract,
holding up further progress of the work
e) any other causes which, at the sole discretion of the Company is beyond the control of the Contractor.
"Hindrance Register" should be maintained for recording the hindrances. 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/ PRCO.

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 Time extension on account of hindrance shall be granted by Area General Manager/ Concern Director based
on the recommendation of the Engineer-In-Charge/ PRCO of the work during the course of execution of work
reserving the right to impose/waive the clause relating to compensation for delay. The extension will have to
be by party's agreement, expressed or implied. Bank Guarantees, against security, shall be suitably extended,
to take care of any extension granted.
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 Company or both. The extension will have
to be by party's agreement, expressed or implied.
The extension of time other than on account of hindrance shall be granted with the approval of Accepting
Authority of the tender limited to DoP.
6.4. Force Majeure (FM) Clause
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).
(a) The successful Bidder/ Contractor will advise, in the event of his having resort to this Clause by a
registered letter duly certified by the local chamber of commerce or statutory authorities, the beginning and
end of the cause of delay, within fifteen days of the occurrence and cessation of such Force Majeure
condition. In the event of delay lasting over one month, if arising out of Force Majeure, the contract may be
terminated at the discretion of the Company.
(b) 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 causes of Force Majeure and neither
Company nor the Bidder shall be liable to pay extra costs (like increase in rates, remobilization advance,
idle charges for labour and machinery etc.) provided it is mutually established that the Force Majeure
conditions did actually exist.
6.5. Whenever time extension is given to the contractor for reasons for delay solely attributed to the company, Price
variation may have to be allowed depending on the conditions of the contract. In order to determine the above, a
hindrance register will be maintained which will be jointly signed by both the parties at the time of periodical
review meetings to be held at least once in a month by the Engineer-In-Charge/ PRCO/ Designated Officer-
in charge whose decision in this cases will be final. The delays will be determined solely on the basis of this
register, and that any refusal on the part of the contractor to sign the register would mean that the delay, if it
occurs will be solely attributed to him.
Hindrance register is signed by both the parties. The contractor should also be given permission to write his
observations / disagreement in the register.
In case the contractor has a different opinion for hindrance and a dispute arises, then the matter would be
referred to the higher authority whose decision will be final and binding on the contractor and the decision to be
communicated within 15 days.
6.6. Without prejudice to any express provision in the Contract, the extension of time shall not exceed the period of
hindrance (the period for which the work has been hindered beyond control of Contractor) at same terms and
conditions.
6.7. Concurrent delays - when two or more events responsible for delay overlap each other. The delays may be
attributable to the Procuring Entity 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.
The Procuring Entity should see that the concurrent delays do not result in unnecessary extra extension of time.

7.0 Deleted.

8.0 QUALITY ASSURANCE - MATERIALS AND WORKMANSHIP:

8.1. 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, instructions of the Project Manager.
The Project Manager 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 therefrom, 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.

29
 8.2. The Contractor shall be responsible for correct and complete execution of the work in a workmanlike manner
with right materials and equipment 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
Project Manager or any other official of higher rank or any other person authorized by the Company in this
behalf and the Contractor shall allow the same.

9.0 MEASUREMENT AND PAYMENT

Except where any general or detailed description of the work in the bill of quantities provides otherwise,
measurements of work done shall be taken in accordance with the relevant standard method of measurement
as applicable to the schedule of quantities/schedule of work /specification to the contract. In the case of items
not covered by any of the aforesaid contract documents, measurement shall be taken in accordance with the
relevant standard method of measurement issued by the Bureau of Indian Standard.

9.1. All items of work carried out by the contractor in accordance with the provisions of the contract having a
financial value shall be entered in the Measurement Book/Log Book, etc. as prescribed by the company so that
a complete record is obtained of all work performed under the contract and the value of the work carried out
can be ascertained and determined therefrom.
9.2. Measurements shall be taken jointly by the Project Manager and by the Contractor or his authorized
representative.
9.3. Before taking measurements of any work, the Project Manager 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 of 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. In the event of failure on the part of contractor to attend or to send his authorized representative to attend the
measurement after receiving the intimation, or to countersign or to record objection within a week from the
date of the measurement, the measurement taken by the Project Manager shall be taken to be the correct
measurement of the work done.
9.5. Payment on Account - The Contractor shall submit monthly bill for the work carried out in accordance with
the contract. The Project Manager shall then arrange for verification of the bill with reference to the
measurements taken or to be taken or any other records relevant for the purpose. The payment will become
due and payable by CMPDI within 30 days from the date of receipt of bill/invoice/ debit note by CMPDI.
9.6. Payment on account shall be made on the Project Manager certifying the quantity for which the contractor is
considered entitled by way of interim payment for the work executed as covered by the bill after deducting the
amount already paid, the security deposit and such other amounts as may be deductible or recoverable in
terms of the contract.
9.7. Any certificate given by the Project Manager/PRCO for the purpose of payment of monthly bill/bills shall not
have itself be conclusive evidence that any work to which it relates is in accordance with the contract and may
be modified or corrected by the Project Manager/PRCO by any subsequent certificate or by the final certificate.
9.8. The Company reserve the right to recover/enforce recovery of any overpayments detected after payment as a
result of post-payment audit or technical examination or by any other means, notwithstanding the fact that the
amount of disputed claims, if any, of the 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 may be recovered from the subsequent bills under the contract, failing that from
contractor's claim under any other contract with the company or from the contractor's security deposit or the
contractor shall pay the amount of overpayment on demand.
9.9. Amount payable/repayable for any subsequent change in the statutory tax and duties on Works Contract will
be made to/from the Contractor after departmental verification of such changes of tax law issued by Statutory
Authority.
10.0 TERMINATION, SUSPENSION, CANCELLATION & 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/terminate the contract in full or in part, if the contractor

30
 a. makes default in proceeding with the works with due diligence and continues to do so even after a notice in
writing from the PRCO, then on the expiry of the period as specified in the notice
or
b. fails to achieve a monthly agreed quantity of 70%(Seventy percent) for a period of 6(six) consecutive month or
for cumulative period of six months within any continuous period of 18(eighteen) months, save and except to
the extent of non-availability caused by i) a Force Majeure event or ii) an act of omission of company, not
occurring due to any default of the contractor.
Note: - In such cases the contractor may be Banned for minimum one year from participating in future bidding
allowing the present business to continue without going into termination of the contract.
or
c. 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 PRCO, then on the expiry of
the period as may be specified by the PRCO in a notice in writing
or
d. 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
PRCO in a notice in writing
or
e. 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 the company.
or
f. obtain a contract with the company as a result of ring tendering or other non-bona fide method of competitive
tendering.
or
g. transfers, sublets, assigns the entire work or any portion there -off without the prior approval in writing from
the PRCO. The PRCO may give a written notice; cancel/terminate the whole contract or portion of it in
default.
10.1. The contract shall stand terminated under 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 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 company, if any.

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 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 or on termination of the contract, the PRCO shall have powers:

a. to take possession of the site and any materials, implements, stores, etc. thereon.
b. to carry out the incomplete work by any means at the risk and cost of the Contractor
c. to determine the amount to be recovered from the Contractor for completing the remaining work or in the
event the remaining work is not to be completed the loss/damage suffered, if any, by the Company after

31
 giving credit for the value of the work executed by the contractor up to the time of cancellation less on a/c
payments made till date and value of contractor's materials, equipment, etc., taken possession of after
cancellation.
d. to recover the amount determined as above, if any, from any money due to the Contractor or any account or
under any other contract and in the event of any shortfall, the Contractor shall be called upon to pay the same
on demand.

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 - The contractor shall on receipt of the order in writing of PRCO (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 PRCO 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 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 PRCO. 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% 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 work shall, throughout the stipulated period of contract, be carried out with all due diligence on the part of
the contractor. In the event of termination or suspension of the contract, on account of default on the part of the
contractor, as narrated hereinbefore, the security deposit and other dues of this work or any other work done
under this company shall be forfeited and brought under the absolute disposal of the company provided, that
the amount so forfeited shall not exceed 10% of the contract value(Excluding GST) plus GST on forfeited
amount.”
10.4. Foreclosure of contract in full or in part –
If at any time after acceptance of the tender, the company may decide to abandon or reduce the scope of
the work in following circumstances:

a) A drop in requirement consequent upon change in geological conditions not allowing company/
management to proceed further being detrimental to the interest of Company.
b) Continuation of work may endanger safety and security of men and property of the company.
c) Causative events like land acquisition problems/problem of shifting of villagers etc.
d) If at any time after acceptance of the tender, the Company decides to abandon or reduce the scope of
the work for any reason whatsoever as decided by the Company, other than non-availability of the
statutory Clearance(s) viz. (i) Notification under Section 4(i) of CBA Act, 1957 & (ii) Permission for
exploration in Forest Areas.

In this case, the Project Manager/PRCO shall give notice in writing to that effect to the Contractor. In the event
of abandonment/reduction in the scope of work in such cases, the company shall be liable to pay the
Contractor at the contract rates full amount for works executed and measured at site up to the date of such
abandonment/reduction in the work.

The Contractor shall, if required by the Project Manager/PRCO, furnish to him books of accounts, papers,
relevant documents as may be necessary to enable the Project Manager/PRCO to assess the amount payable
in terms of part 10.4 (a), (b), (c) and (d) above, the contractor shall not have any claim for compensation
whatsoever either for abandonment or for reduction in the scope of work, other than those as specified above.

However, the penalty on account of shortfall quantity as per clause 6.2 will be levied on the contractor.

10.5. ACTIONS AFTER PARTIAL CANCELLATION/TERMINATION OF CONTRACT:

32
 If the progress of the work or of any portion of the work is unsatisfactory, the PRCO, after giving the contractor
15 days’ notice in writing, without fully cancelling/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.
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 entitled to recover higher
of the following:

i) Forfeiture of security deposit comprising of performance guarantee and retention money at disposal of the
employer.
Or
ii) 20% of value of cancelled work. The value of the cancelled work shall be calculated for the items and quan-
tities cancelled (as per provision of agreement) at the agreement rates when notice in writing for termination of
work was issued to the contractor. The certificate to be issued by the PRCO for the cost of the work can-
celled/terminated shall be final.

The contractor, from whom part work is being taken out, shall not be allowed to participate in the tendering
process if any.
In the event of above course being adopted by the PRCO, the contractor shall have no claim to compensation
for any loss sustained by him by reasons of his having purchased materials, equipments or entered into
agreement or made advances on any account or with a view to the execution of work or performance of the
contract.
All the other terms and conditions of contract shall remain unaltered.

11.0 DEFECT LIABILITY CERTIFICATE / COMPLETION CERTIFICATE

The contractor shall give notice of completion of work, , to the PRCO. The PRCO shall within 30 days from the
receipt thereof, inspect the Work and scrutinize 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
PRCO 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 before issue of Defect Liability
Certificate. In the event there are no defects or the defects/deficiencies are of a minor nature and the PRCO 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 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
including reasons therefore and with necessary instructions to the contractor to clear the site/place of work of
all debris/waste materials, scaffoldings, sheds, surplus materials etc. making it clean and usable .
11.1. In cases where separate period of completion for certain items or groups of items are specified in the contract,
separate Defect Liability Certificate (Taking Over Certificate with list of defects), for such items or groups of
items may be issued by the PRCO 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.
11.2. 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.
11.3. In case of Contractor's failure, the PRCO shall have right to get the work done at the cost of the Contractor.

12.0 ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR

The cost on account of "Additional Responsibilities of the Contractor" under this clause is deemed to be
included in the tendered rates.
i. The Company reserve the right to let other contractors also work in connection with the project and the
contractor shall co-operate in the works for the introduction and stores and materials and execution of
his/their works.
ii. The Contractor shall keep on the work, during the progress a competent Superintendent and necessary
assistants who shall represent the contractor(s) in his/their absence. Important instructions shall be
33
 confirmed to the contractor(s) in writing. If the Contractor in course of the works 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 Project Manager/PRCO, it shall be his/their duty to immediately inform the Project Manager/PRCO in
writing and the Project Manager/PRCO 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.
iii. The Contractor shall employ only competent, skillful and orderly men to do the work. The Project
Manager/PRCO shall have the right to ask the Contractor to remove from the work site any men of the
contractor who in his opinion is undesirable and the Contractor will have to remove him within three hours
of such orders. The Contractor shall further be responsible for making arrangements at his own cost for
accommodation and other essential needs of the staff and workers under his employment.
iv. Precautions shall be exercised at all times for the protection of persons (including employees) and
property. The safety required or recommended by all applicable laws, codes, statutes and regulations will
be observed. In case of accidents, he/they shall be responsible for compliance with all the requirements
imposed by the Workmen's Compensation Act or any other similar laws in force, and shall indemnify the
Company against any claim on this account.
The Contractor shall at all times exercise 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 or Central Government or Municipalities and other authorities in India. The Contractor
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 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 furnish to the Project Manager/PRCO with work reports from time to time regarding
the contractor organization and the progress made by him/them in the execution of the work as per the
contract agreement.
vii. All duties, taxes and other levies payable by the Contractor under the Contract (excluding “GST”), or for
any other cause as applicable on the last date of submission of tender, shall be included in the rates,
prices and the total Bid Price submitted by the Bidder. All incidentals, overheads, etc. as may be attendant
upon execution and completion of works shall also be included in the rates, prices and total Bid Price
submitted by the Bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission of tender and/or
any increase over the rate existing on the last date of submission of tender shall be reimbursed by the
company on production of documentary evidence in support of payment actually made to the concerned
authorities.
However, any reduction of cost on account of Govt. notification for duties or levies shall be recovered from
the bills submitted by the Bidder.
viii. 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.
ix. The Contractor shall make his/their own arrangement for all materials, tools, staff and laborers 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 the entire satisfaction of the company.
x. The Contractor shall make their own arrangement for carriage of all materials to the work site at his/their
own cost and supply of all water required for the contracted work and drinking water to his/their workmen.
xi. The work shall not be sublet to any other party, unless approved by PRCO, in writing.
xii. The Contractor shall work in reserved/protected forest area as per the guidelines of the Forest
Department/the Forest Protection Act. Any liability on account of violation of the provisions shall be borne
by the contractor.
xiii. The Contractor shall not pay less than the minimum wages to the labourers engaged by him/them as per
Minimum Wages Act or such other legislation or award or the minimum wages fixed by the respective
State Government as may be in force. The contractor 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 Schemes and Miscellaneous Provisions Act 1948 or Employees Provident Fund and
Miscellaneous Provisions Act 1952 as the case may be.
xiv. All accounts shall be maintained in English and the company shall have the right of access and inspection
of all such books of accounts etc. relating to payment of labourers including payment of provident fund
etc. considered necessary as per prevalent Statutes, Acts and Laws and the company may arrange for
witnessing the payment to the labourers by its representatives.
34
 xv. The Contractor shall in addition to any indemnity provided by law, indemnify and keep indemnified:
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 rights 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 be notified immediately after any claim being made or any action brought
against the company, or any agent or employee of the company in respect of any such matter.
b. the Company against all losses and claims for injuries or damage 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, costs, charges and expenses whatsoever in respect of or in relation thereto.
c. the Company against all claims, damages or compensation under the provisions of payment of
Wages Act. 1936, Minimum Wages Act 1948. Employer's Liability Act 1938, The Employees
Compensation Act 1923, Industrial Disputes Act 1947, The Employees State Insurance Act 1948,
CMPF and Allied Schemes and Provisions Act 1948, EPF and Miscellaneous Provisions Act 1952
and Maternity Benefit Act, 1961 or any modifications thereof or of any other law relating thereto and
rules made thereunder 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.
d. The Contractor shall ensure that any Payment to the Contractor’s worker is made through the Bank.

xvi. Insurance - The Contractor shall take following insurance policies during the full contract period at his
own cost:
a. The Contractor shall at all times during the pendency of the contract indemnify the company against
all claims, damages or compensation under the provisions of the Employee's Compensation Act and
shall take insurance policy covering all risk, claims, damages or compensation payable under the
Employee's Compensation Act or under any other law relating thereto.
b. The Contractor shall ensure that the insurance policy/policies are kept alive till full expiry of the
contract by timely payment of premiums and shall not be cancelled without the approval of the
Company and a provision is made to this effect in all the policies, and similar insurance policies are
also taken by his subcontractor(s) if any. The cost of premiums shall be borne by the contractor and it
shall be deemed to have been included in the tendered rate.
c. 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 by the Contractor.
d. Since Contractor shall ensure 100% payment of Contractor’s Worker through Bank, a premium of
Rs.12/- per annum per member will be deducted from the account holder’s savings bank account
through ‘auto debit’ facility in one installment on or before 1 st June of each annual coverage period
under the scheme Pradhan Mantri Suraksha Bima Yojna (PMSBY).

xvii. Anything of historical or other interest or of significant value unexpectedly discovered on the site shall be
the property of the Owner. The Contractor shall notify the PRCO of such discoveries and carry out the
PRCO's instructions for dealing with them.

13.0 NON-DISCLOSURE/CONFIDENTIALITY CLAUSE

The bidder will not at any time during pendency of contract or afterwards, disclose to any person any
information as to documents, components, parts, information, drawings, data, sketches, plans, programs,
specifications, techniques, processes, software, inventions and other materials, both written and oral, of a
secret, confidential of proprietary nature, including without limitation any and all information relating to
finance, invention, research, design or development of information system and any supportive or incidental
subsystems, and any and all subject matter claimed in or disclosed by any patent application prepared of filed
by or on behalf of CMPDIL, in any jurisdiction, and any amendments or supplements thereto. The bidder

35
should understand that any breach of this clause would constitute a serious offence for which appropriate
legal action may be taken to ensure the enforcement of confidentiality clause.

CMPDIL also desires that the bidder shall hold in trust and confidence, and not disclose to others or use for
its own benefit or for the benefit of other, any Proprietary Information which is disclosed to the bidder by
CMPDI at any time during the agreement / award of work / execution of work and thereafter. The bidder shall
disclose Proprietary Information received under the contract to person within its organization only if such
persons (i) have a need to know and (ii) are bound in writing to protect the confidentiality of such Proprietary
Information. This clause shall survive and continue after any expiration or termination of the contract and shall
bind the contractor, its employees, agents, representatives, successors, heirs and assigns.

36
 ADDITIONAL TERMS & CONDITIONS

The following additional terms & conditions are also acceptable to the company. The Bidders are requested not to quote
any additional conditions in their tender.
1.0. PRICE VARIATION CLAUSE
The quoted price shall remain firm & final for the period stipulated for completion of the work, except the
escalation/de-escalation on account of increase/ decrease in the price of POL as per provision given at sl. no. 1.3, 1.4 &
1.5 (only POL component).

In case the work is not completed during the stipulated period due to Force Majeure Condition and/ or delay in
statutory Clearance(s) viz. (i) Notification under Section 4 (i) of CBA Act, 1957 & (ii) Permission for exploration in Forest
Areas; one time escalation/de-escalation of contract price to the tune of 50% on account of increase/ decrease in the
price of wages of labour and materials required for execution of work will be applicable as per provision given at sl. no.
1.1, 1.2 1.4 & 1.5 (only labour & Material components). The said one time escalation/de-escalation of the contract price
on account of wages of labour & Material components would be applicable for the extended contract period, which will
not be more than the original contract period. However, the escalation/de-escalation on account of increase/ decrease
in the price of POL will continue as per the above stipulation for the entire contractual period.

a) The amount of the contract shall accordingly be varied, subject to the condition that such
compensation for variation in prices shall be available only for the work done during the contractual
period including such period for which the contract is validly extended under the provisions of the
contract without any penal action.
b) The base date for working out such price variation shall be the last date on which the price bids are
stipulated to be received.
c) The compensation of price variation for POL shall be worked out at quarterly intervals and shall be
with respect to the cost of actual work done during the previous three months. The first such payment
shall be made at the end of three months after the month (excluding) in which the tender was
accepted and thereafter at three months' interval.
Simple average of the rates of diesel prevailing at same reference place in a period shall be taken as
the rate of diesel for calculation of diesel escalation/de-escalation for that period of work.
d) If the contract is to be extended beyond the stipulated period for completion of the work due to fault
on the part of the Contractor, escalation on prices shall not be allowed further and the prevailing
contract price will continue for completion of the work, consequently clause 6.0 of the General Terms
& Condition will be applicable.

1.1. PRICE VARIATION 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 as per aforesaid provision in accordance with the following formula:
A L – Lo 50
VL = W x ------ x --------- x -----------
100 Lo 100
Where:
V L = 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 price variation relates as
indicated in clause no. 1.4 of this section.
A = Component of labour expressed as percentage of the total value of work adopted from
Table-1 of this section.
Lo = Minimum wages for unskilled workers payable as per the Minimum Wages Act / Rules of the
State or Central Government, whichever is more, applicable to the place of work as on the
last date stipulated for receipt of the Price bids or Revised Price bids whichever is later.
L = Revised minimum wages of unskilled workers on the date of completion of initial contract
period.

37
1.2. PRICE VARIATION ON MATERIALS
The amount to be paid to the contractor for the work done shall be adjusted for increase or decrease in the
cost of materials and the cost shall be calculated as per aforesaid provision in accordance with the following
formula:
B M – Mo 50
Vm = W x ------ x --------- x ----------
100 Mo 100
Where:
Vm = Variation in material 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 price variation relates as
indicated in clause no. 1.4 of this section.
B = Component of material expressed as percentage of the total value of work adopted from
Table-1 of this section.
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 price bids or
revised price bids whichever is later was stipulated to be received.
M = All India Wholesale Price Index for all commodities as published by the RBI Bulletin, Ministry
of Industry & Commerce, Govt. Of India on the date of completion of initial contract period.

1.3. PRICE VARIATION ON POL

The amount to be paid to the contractor for the work done shall be adjusted for increase or decrease in the
cost of POL and the cost shall be calculated as per aforesaid provision in accordance with the following
formula:

C F - Fo
Vf = W x ------ x ----------
100 Fo
Where:
Vf = Variation in the cost of fuel, oil and lubricants 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 price variation relates as
indicated in clause no. 1.4 of this section.
C = Component of POL expressed as percentage of the total value of work adopted from Table-1
of this section.
Fo = Index Number for Wholesale Price for the group of “Fuel, power, light and lubricants” as
published by the Economic Advisor, Ministry if Industry, Govt. Of India prevalent on the last
date of receipt of price bids or revised price bids whichever is later.
F = Average Index Number for Wholesale Price for the group of “Fuel, power, light and
lubricants” as published by the Economic Advisor, Ministry if Industry, Govt. of India for the
period to which escalation/ de -escalation relates.

1.4. WHILE CALCULATING THE VALUE OF ''W'' THE FOLLOWING SHALL BE NOTED

The cost on which the escalation/price variation shall be payable shall be reckoned as 85% of the cost of work
as per the bills to which escalation 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
recovered in the particular bill, shall be deducted before the amount of compensation for escalation/price
variation is worked out. In the case of materials brought to site for which any secured advance is included in
the bill, the full value of such materials as assessed by the Project Manager/PRCO (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 assessed value of the materials originally considered for operation of this clause should be
deducted from the cost of the work shown in the bill, running or final. Further the cost shall not include any
work for which payment is made at prevailing market rates.

38
1.5. 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 materials and/or wages of labour shall
be deductible from the cost of work under this contract and in this regard the formulae hereinbefore stated
under this clause shall mutatis/mutandis apply.
Table-1: Value of A, B & C in the Price variation formula

A B C
(Labour Component) (Material Component) (POL Component)
55 35 10

The price variation clause as stated above will be applied for extended time frame of a contract by following
the principles 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 and no payment will be made to the
contractor on this account. Additionally the Clause related to Compensation for delay will be applied.
iv) In some cases the total delay may be partially due to causes not attributable to the Contractor and
partially due to his fault. It may be difficult to exactly quantify the total delay proportionately in such
cases. The Price Variation Clause under such condition will be made operative for the entire extended
time period by freezing the relevant indices on the date of the scheduled date of completion as
originally fixed in the contract/ agreement. At the same time the Clause related to the compensation
for delay will also be applied.

39
 ANNEXURE-I

SCOPE OF WORK
The work is non-divisible and shall be carried out by single contractor
Item wise Bidder's Scope of Work: Detailed Exploration of Coal in Dhorakuhi Block, Pench Kanhan Tawa CF, in
Chhindwara District in the State of Madhya Pradesh is proposed to be conducted in the block includes following
activities to be carried out by the successful Bidder:

Item No. Sr. Sub-item

No.
Item-1 1 a) RL to be carried from nearest railway station or nearest Survey of India bench
mark with closed traverse using latest electronic total station survey equipment.
b) Coordinates of completed boreholes will be determined with closed traverse
by establishing network of survey stations with latest electronic total station
survey equipment.
2 Geological mapping (on RF 1:4000/5000) including outcrops of different
lithological units/coal seams, structural details to be decided by the Project
Manager
3 29130(+/-30%) meters of vertical diamond core drilling in HQ/NQ/BQ or
equivalent sizes having envisaged depth of Up to 600 meters (approximate) with
>90% recovery in coal and >80% recovery in non-coal portion; sealing of
boreholes and erection of borehole pillars.
4 Topographical survey (on RF 1:4000/5000) including surface contours,
boreholes and determination of reduced levels of boreholes. Surface
Contour interval to be decided by the Project Manager.
5 29130m Drill core logging (lithological characteristics, structural features,
geotechnical properties, RQD). Laboratory Studies
6 Packing and transportation of coal cores to laboratories for chemical analysis as
per advice of the Project Manager
7 Packing and transportation of coal and non-coal cores of maximum 3 boreholes
wherein maximum strata and coal seams have been intersected to laboratory for
physico-mechanical, Critical mineral investigation and REE study as per advice
of the Project Manager.
Item-2 1 Geophysical logging of 29130 (+/-30%) meterage (50% of Geophysical logging)
Geophysical logging includes:
(a) Base log
(b) Dual density
(c) Natural gamma
(d) Caliper
(e) SPR.
(f) Resistivity.

Item-3 1 Deviation Survey -5240m(+/-30%)

Item-3 2 Magnetic Survey-1350 observations points (approx.) proposed over 10

profile line at station interval of 20 m & profile line interval of 400 m.

Note: 1. The total meterage indicated is likely to vary by (+/-) 30% depending on the complexities
revealed during exploration (Refer Clause 5.4 of General Terms & Conditions).
2. Bidder shall prepare Monthly Progress Report (both Hard Copy and Soft Copy) in respect of
all activities as per standard format provided by CMPDI and submit to PRCO or his
authorized representative for verification and certification for acceptance by CMPDI. Also
DPR (daily progress report) must be provided in soft copy.
3. The Monthly Progress Report(s) submitted by the Bidder and accepted by the Project
Manager (or his authorized representative) shall be the basis of assessment of the progress.

40
1.1 Bidder’s Scope of work
a) Bidder will prepare Exploration scheme and submit the scheme to CMPDI for scrutiny.
b) Bidder will carry out the coring drilling, Geo-physical Logging, Deviation and Magnetic Survey.
c) Bidder will dispatch the coal core samples to the CMPDI designated Lab. after instruction from CMPDI.
1.2 CMPDI's Scope of Work
CMPDI shall arrange necessary statutory clearances for exploration in Forest Areas.
(i) Status of permission for exploration in Forest Areas:
Note: In case statutory clearance(s) is not provided within the contract period/mutually agreed
extended period; the work order will be terminated (Partly or Fully) without any financial implication on
either side.
ii) CMPDI shal scrutinize the exploration scheme, suggest and approve the borehole locations,
select/approve boreholes for special tests, randomly/regularly check and verify completed and
ongoing works.

2.0 Laws governing the coal sector in India

The indicative list of laws governing the coal sector and mining operations in India is given below. As the laws
and statues listed below are not exhaustive, Successful Bidder should obtain independent legal advice with
regard to compliance to all applicable laws.
Table-2.1
S.No Acts / Rules /Regulations Promulgation
1. The Mines & Minerals (Regulation & Development) Act 1957
2. The Mineral Concession Rules 1960
3. The Coal Bearing Areas (Acquisition and Development) Act 1957
4. The Mineral Conservation and Development Rules 1988
5. Coal Mines (Nationalization) Act 1973, amended in 1993
6. The Coal Mines (Conservation and Development) Act 1974
7. The Land Acquisition Act 1894
8. Forest (Conservation) Act including Rules 1980
9. Water (Prevention and Control of Pollution) Act including Rules 1974
10. Air (Prevention and Control of Pollution) Act including Rules 1981
11. Environmental (Protection) Act 1986
12. The Mines Act 1952
13. Mines Rules 1955
14. Coal Mines Regulations 1957
15. The Contract Labour (Regulation and Abolition) Act 1970

In addition to the Acts / Rules /Regulations mentioned above in the table 2.1, there are acts, bye laws
dealing with the use of explosives, motor vehicles, electricity, wages and remuneration etc. Another category
of acts relates to marketing, distribution, sales, pricing, contracts, transportation, exports / imports of various
minerals.
3.0 Duration of the Contract: Duration of contract shall be as follows:

Period for Mobilization (days) Period for Exploration activities Total Contractual
(days) period (days)

30 415 445
N.B: Zero date shall be the day of the issue of work order or handing over the relevant document to the
contractor, whichever is later.
1.CMPDI after reviewing the recommendations given by the Bidder in DPR/MPR may, however, may
reduce/increase by 30% the Exploration work at existing terms and conditions. Accordingly, the duration of the
contract would be adjusted on pro rata basis for any increase/decrease in quantities.
2.Work schedule for each calendar month during contract period (excluding mobilization period) shall be derived
on mutual consent with the contractor/service provider considering the effect of rainy season during contract
(excluding mobilization period).

41
4.0 Details of Scope of Works

4.1 Bidder with his declared owned/leased drills and equipment’s shall carry out drilling in HQ/NQ/BQ sizes.
Reduction in size of boreholes below BQ size shall not be allowed. Bidder shall mobilize within mobilization
period all the rigs declared in the bid submitted against the tender of the block.

4.2 Bidder shall make efforts to obtain maximum core recovery in coal seams and non-coal strata. In no case the
recovery should be less than 80% in non-coal and 90% in coal strata, except in fault zone, weathered zone,
soil and structurally disturbed area.

4.3 Boreholes are desired to be vertical. Bidder will take all possible precautions and skill to maintain verticality of
the boreholes.

4.4 The locations of the boreholes finalized in consultation to CMPDI shall be fixed on the ground by the Bidder.

4.5 After completion of drilling, each borehole shall be sealed (plugged) by the bidder. After sealing, the bidder
shall construct and erect pillars [of standard size to be specified by CMPDI] with Borehole Number at the
borehole sites at his cost.

4.6 The bidder shall be responsible for:

(i) Preservation of cores with proper depth markings at the end of every run,
(ii) Geological logging of the cores and keeping cores ready for inspection by CMPDI,
(iii) Providing strong core boxes and preserving samples therein duly wrapped in polythene,
(iv) Sending packed core boxes for chemical/physico-mechanical investigations on coal cores/borehole
cores to laboratories designated by CMPDI for analysis at his cost. CMPDI will bear the cost of analysis.

In case the designated laboratory expresses its inability to undertake analysis of cores, the Project manager
shall be free to select an accredited laboratory to get the analysis completed within the project schedule.
However, CMPDI shall reimburse the actual cost of analysis on production of certified laboratory bills. The
maximum reimbursable rates shall be CIMFR rates applicable for CMPDI.

4.7 In case of lower core recovery in normal geological conditions or jamming of the boreholes before completion
of depth, deviation drilling/re-drilling shall be carried out by the bidder at his own cost on the instruction of
CMPDI. However, if re-drilling is resorted to, the borehole location point shall be at the nearest possible
distance from the original borehole and the bidder shall be free to do non-coring drilling up to the depth from
where the coring drilling is required for generating cores with stipulated recovery.

4.8 If a borehole fails to drill up to the targeted depth due to drilling difficulties or otherwise, the bidder shall have to
re-drill a fresh borehole in lieu of the abandoned borehole. However, bidder need not to drill a fresh borehole in
lieu of that abandoned borehole in which more than 80% of the targeted depth has been achieved provided
that number of such abandoned boreholes are within 10% of the planned number of boreholes for the block
and they are scattered over the block. CMPDI shall pay for drilling against such abandoned borehole(s) up to 3
(three) m depth beyond floor of last correlated seam. If last correlatable seam or basement (Talcher /
Metamorphic) has not been encountered up to project depth of the boreholes the meterage will be accepted
upto projected depth.

4.9 CMPDI shall have no responsibility towards construction of approach roads to field sites, arranging the water
supply for drilling, watch and ward, and safety of men and material of the Bidder.

4.10 Decision for closure of the boreholes shall be taken by the Project Manager.

4.11 Immediately after completion of work on each site, the Bidder shall at his own cost remove all equipment and
unused materials; fill in and level pits and reinstate the site to its original conditions.

4.12 No extra cost shall be paid towards any “fishing” operation in connection with failure of tubular, bit etc., inside
the borehole. No time extension will be provided for “fishing” operation and delay shall attract L/D clauses.

4.13 The Successful Bidder’s Scope of Work shall also include all the obligations covered in NIT, General Terms &
Conditions, Additional Terms and Conditions and Technical Document.
42
4.14 The Scope of Work shall include bringing in and/ or procurement and/ or deployment of Bidder’s own
equipment and personnel.

4.15 Site preparation, supply, transportation to site, water arrangement, lighting, etc., shall be responsibility of the
successful Bidder.

4.16 The manpower deployment by the Bidder should be in conformity to the laws and regulations applicable in
India. However, CMPDI will have no liability, whatsoever, with regard to the manpower provided by the
selected Bidder within or after the contractual period.

4.17 The Bidder shall also submit recorded data of geophysical investigations carried out by him in digital format.

4.18 The bidder is required to carry out multi-parametric geophysical logging in 100% boreholes in coring as well as
non-coring drilling with consultation of CMPDI to verify the drilling data. The multi-parametric geophysical
logging must include following:
(i) DUAL DENSITY, (II) CALIPER, (III) NATURAL GAMMA RAY, (IV) SINGLE POINT RESISTANCE (V)
SP- SELF POTENTIAL (SP) AND (VI) RESISTIVITY LOGS (VII) Base Log
 Payment for Geophysical Logging can only be made when above mentioned compulsory parameters
are logged {Sl. No. (i) to (iv)}.
 Regarding Other Parameters 10% deduction shall be made in case of absence of Sl. No. (v) and 20%
in case of Sl. No. (vi).
 Further the 10% and 20% deduction shall be made from the overall cost of Geo-Physical Logging for
that particular Borehole.

In case CMPDI itself decides to take up geophysical logging of any borehole/and surface geophysical survey,
the bidder shall have to provide access to boreholes and extend all logistic support to CMPDI for conducting
the investigations and survey of profile lines at bidder's cost. The logistic support in geophysical logging would
include washing of boreholes, fishing of stuck up borehole and space for logger van at the drill site. The casing
provided in the borehole needs to be kept intact till completion of geophysical logging. In case of geophysical
survey, the logistic support shall include physical sighting of boreholes in the block besides supply of
coordinates of boreholes.

4.19 Locations of all surface features (natural & artificial) shall be surveyed by the Bidder for their three dimensional
co-ordinates. Spot levels at suitable intervals shall be taken up for generating contours at specified interval for
the entire area. The detailed survey for topographical mapping shall be carried out with reference to the
primary order of Control Stations or by establishing secondary order of Control Stations (with reference to
primary order of control station), depending upon nature and extent of the area. Any unusual condition or
formation on the ground, forest area, location of rock outcrops (if visible on the surface) and springs / falls,
possible aggregate deposits etc. shall also be surveyed.

4.20 Spot levels shall be taken at about every 20m interval and also at closer interval wherever abrupt change in
ground elevation is found so that sufficient points properly distributed over entire area shall be located for
generating contours at specified intervals.

4.21 All surface features, contours including control stations, boundary pillars, forest area existing and / or
abandoned quarried etc. shall be shown on topographical plan / map by means of conventional symbols
(preferably symbol of Survey of India Maps).

4.22 The field survey work shall be conducted with DGPS/Total Station associated with software(s), Auto Set /
Precise leveling and other required surveying equipment in the following steps.

i) Establishing horizontal and vertical controls of primary and secondary/ tertiary orders.

ii) Detailed surveying and leveling for locating all kinds of surface features (natural & man made)
and contours at specified intervals.

iii) All surveying and leveling operations shall commence and close upon known control stations.

43
 iv) All necessary precautions as per standard survey practice should be scrupulously observed to
avoid various types of errors.

v) Borehole and Block Boundary to be surveyed on WGS-84 Platform. The base should be fixed in
consultation with CMPDI.

4.23 Accuracy of the surveying & leveling: Linear accuracy of triangulation / trilateration (b) should be 1:1000.
Minimum accuracy of the surveying and leveling shall be as follows:

Sl. Type of surveying & Accuracy in Accuracy Remarks

No. leveling surveying in
leveling
Angular Linear
1 Primary order Where LC
a) Traversing LC√ n 1:10,000 - is the least
second count of the
instrument
b) Triangulation / - do – - and n is no.
Trilateration 15 second (discrepancy of traverse
(triangles between stations
closure) measured &
computed
base)

c) Levelling for - (+/-) 1 cm

B.M. - per km
establishment

2 Secondary order
a) Traversing 10√ n 1:5000 - - do -
second

b) Levelling for’ - - (+/-) 1 cm

B.M. per km
establishment

5.0 Statutory Rules

It is proposed that the following statutory rules and regulations be followed by the successful Bidder
undertaking the detailed coal exploration:

(a) The successful Bidder should follow all statutory rules, regulations applicable laws etc. and
statutory requirement related to government licenses, workmen compensation, insurance etc,
including Minimum Wage Act, for their personnel. Machine operators and others, to whom the
work would be allotted, should be provided safety shoes and helmets etc. by the successful
Bidder. The successful Bidder is required to indemnify CMPDI from any liability falling on CMPDI
due to an act of commission/omission by the successful Bidder or by its representatives or by its
employees or by any third party in execution of the contract. If CMPDI is made liable for such
claim by the Court or other Authority, the same should be reimbursed to CMPDI by the
successful Bidder as if CMPDI has paid on their behalf.

The Successful Bidder is not required to indemnify CMPDI in the event of an act of
commission/omission by CMPDI including that contributing to the injury, sickness, disease or
death.

(b) During the course of execution of the work, if any accident occurs whether major or minor, the
successful Bidder or his supervisory staff should inform the same immediately without any delay
to the concerned authorities and take steps in accordance with the Mines Act and other relevant

44
 laws, else, it is envisaged to take necessary action against the successful Bidder or his
supervisory staff for violation of the mines act and other relevant laws.
Execution of the work with contract labour is prohibited vide notification U/S 10(1) contract
labour (Regulation & Abolition) Act, S.O 2063, dated 21.06.1988. So, the successful Bidder
should execute the work in such a way that the above Act is not violated in any manner.

6.0 Accommodation, site office:

Bidder shall have to make his own arrangement for accommodation/site office/store etc. The Successful
Bidder shall deploy all Supervisory & operation personnel and pay as per his norms. CMPDI shall not carry any
responsibility for the personnel deployed by the Bidder.

7.0 Wage Payment

The successful Bidder shall make payment of minimum wages to its staff/personnel as per Contract Labour
(R&A) Act 1970 and Contract Labour (R&A), Central Rules 1971. The successful Bidder shall submit to CMPDI
monthly return of payments made to its employees. Copies of returns towards payment of provident fund on
behalf of its employees shall also be submitted to CMPDI within seven (7) days of its submission. Inadequate
wages paid and other statutory dues (including provident fund) not paid to the employees in terms of minimum
wages act or other statutory rules and regulations in force in India, shall be termed as breach of contract.

8.0 Other Obligations of Successful Bidder:

The responsibility of acquiring/hiring land required for drill sites and other allied operations as well as payment
of compensation to land owners shall be the responsibility of the Bidder.

45
 ANNEXURE-II

PRE CONTRACT INTEGRITY PACT

General
This pre-bid pre-contract agreement (hereinafter called the Integrity Pact) is made on ……….. day of the month of
……… 20…. Between, on one hand, Coal India Limited / CMPDIL. Acting through Shri ………….., Designation of the
officer, (hereinafter called the “BUYER Principal”. Which expression shall mean and include unless the context
otherwise requires, his successors in office and assigns) of the First Part and M/s.
…………………………………………….. represented by Shri ………………………………… Chief Executive Officer
(hereinafter called the “BIDDER / Seller / Contractor” which expression shall mean and include, unless the context
otherwise requires, his successors and permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to procure ………………………………… (Name of the Stores / Equipment / Item )
and the BIDDER / Seller is willing to offer / has offered the stores and

WHEREAS the BIDDER is a private company / public company / Government undertaking / partnership / registered
export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Central Public Sector
Unit.

NOW, THEREFORE,

To Avoid all forms of corruption by following a system that is fair, transparent and free from any influence / prejudiced
dealing prior to, during and subsequent to the currency of the contract to be entered into with a view to:-
Enabling the BUYER to obtain the desired said stores / equipment at a competitive price in conformity with the defined
specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by
providing assurance to them that their competitors will also abstain from bribing and other corrupt practice and the
BUYER will commit to prevent corruption, in any from, by its officials by following transparent procedures.

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

Section 1: Commitments of the Principal

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

a. No employee of the Principal, personally or through family members, will in connection with the tender for, or
the execution of the contract, demand; take a promise for or accept, for him/herself or third person, any
material or immaterial benefit which the person is not legally entitled to.
b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in
particular, before and during the tender process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.
c. The principal will exclude from the process all known prejudiced persons.

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

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

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

a. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm offer, promise or give to any of
the Principal’s employees involved in the tender process or the execution of the contract or to any third person

46
 any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the tender process or during the execution of the contract.
b. The Bidder(s)/ Contractor(s) will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications, certifications,
subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or
to introduce cartelization in the bidding process.
c. The Bidder(s)/ Contractor(s) will not commit any offence under the relevant Anti-corruption Laws of India,
further the Bidder(s)/Contractor(s) will not use improperly for purposes of competition or personal gain, or pass
on to others, any information or document provided by the Principal as part of the business relationship
regarding plans, technical proposals and business details including information contained or transmitted
electronically.
d. The Bidder(s)/ Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any, Similarly the Bidder(s)/Contractor(s) of Indian Nationality Shall furnish
the Name and address of the foreign principals If any, Further details as mentioned in the “Guidelines on
Indian agents of Foreign Suppliers” shall be disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in
the Guidelines all the payments made to the Indian agent/representative have to be in Indian rupees only. The
Guidelines and terms and conditions for Indian agents of Foreign supplier shall be as per the provisions at
Annexure (Guidelines for Indian Agents for Foreign supplier) of this document.
e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of
the contract.
f. Bidder(s)/Contractor(s) who have signed the Integrity Pact shall not approach the courts while representing the
matter to IEMs and shall wait for their decision I the matter.

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

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

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

(1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his
reliability or credibility into question, the Principal is entitled also to exclude the Bidder/Contractor/ Supplier from fu-
ture contract award processes. The imposition and duration of the exclusion will be determined by the severity of
the transgression. The severity will be determined by the circumstances of the case, in particular the number of
transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the
damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal, after due consideration of available facts and evi-
dences within his/her knowledge concludes that there is a reasonable ground to suspect violation of any commit-
ment listed under Section 2 i.e “Commitments of Bidder(s)/Contractor(s).
(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to resort to and impose
such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, in-
cluding the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given
freshly and after obtaining independent legal advice.
(4) If the Bidder/Contractor/Supplier can prove that he has restored/recouped the damage caused by him and has in-
stalled a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.”

Section-4: Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the
Principal is entitled demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the con-
tract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated
damages of the contract value(Excluding GST) or the amount equivalent to Performance Bank Guarantee.

Section-5: Previous transgression.

47
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any
country conforming to the anti-corruption approach or with any other Public Sector Enterprise in India that could
justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action
can be taken as per the procedure mentioned in “Guidelines on Banning of Business dealings”.

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

(1) In case of Sub-contracting, the principal Contractor shall take the responsibility of the adoption of Integrity Pact by
the Sub-contractor.
(2) The Principal will enter into agreement with identical conditions as this one with all Bidders and Contractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.

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

If the Principal obtains knowledge of conduct of a Bidder, Contractors or Subcontractor, or of an employee or a

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

Section-8: Independent External Monitor

(1) The Principal appoints competent and credible external independent Monitor for this Pact. The task of the Monitor
is to review independently and objectively, whether and to what extent the parties comply with the obligations under
this agreement.
(2) The Monitor is not subject to instructions by the representative of the parties and performs his functions neutrally
and independently. The Monitor would have access to all contract documents, whenever required. It will be obliga-
tory for him/her to treat the information and documents of the Bidders/Contractors as confidential. He/she reports
to the Chairman, Coal India Limited / CMD, Subsidiary Companies.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all Project docu-
mentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, up-
on his request and demonstration of a valid interest, unrestricted and unconditional access to his project documen-
tation. The same is applicable to Sub-contractors.
(4) The Monitor s under contractual obligation to treat the information and documents of the bid-
der(s)/Contractor(s)/Sub-contractor(s) with confidentiality. The Monitor has also signed declarations on ‘Non-
Disclosure of confidential Information’ and of ‘Absence of Conflict of Interest’. In case of any conflict of interest aris-
ing at a later date, the IEM shall inform chairman the Chairman, Coal India Limited / CMD, Subsidiary Companies
and recuse himself/herself from that case.
(5) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the
Project provided such meetings could have an impact on the contractual relations between the Principal and the
Contractor. The parties offer to the Monitor the option to participate in such meetings.
(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Manage-
ment of the Principal and request the Management to discontinue or heal the violation, or to take other relevant ac-
tion. The Monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to
demand from the parties that they act in a specific manner, refrain from action or tolerate action.
(7) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from
the date of reference or intimation to him by the “Principal” and, should the occasion arise, submit proposals for
correcting problematic situations.
(8) If the Monitor has reported to the Chairman, Coal India Limited / CMD, Subsidiary Companies, a substantiated
suspicion of an offence under relevant IPC/PC Act, and the Chairman, Coal India Limited / CMD, Subsidiary Com-
panies has not, within the reasonable time taken visible action to proceed against such offences or reported it to
the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commis-
sioner.
(9) The word “Monitor” would include both singular and plural.

Section-9: Pact Duration

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

48
If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite lapse of this
pact as specified above, unless it is discharged/determined by the Chairman, Coal India Limited / CMD, Subsidiary
Companies.

Section-10: Other provisions

(1) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not
been made.
(2) If the Contractor is a partnership, this agreement must be signed by all partners members.
(3) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains
valid. In this case, the parties will strive to come to an agreement to their original intentions.
(4) Issues like Warranty/Guarantee etc. shall be outside the purview of IEMs.
(5) In the event of any contradiction between the Integrity Pact and its Annexure (Guidelines for Indian Agents for For-
eign supplier), the Clause in the Integrity Pact will Prevail.

Section-11: Facilitation of Investigation

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

Section-12: Law and Place of Jurisdiction

This Pact is subject to Indian Law. The Place of performance and jurisdiction is the sea of the BUYER.

Section-13: Other Legal Actions.

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

(For and on behalf of the Principal) (For and on behalf of Bidder/Contractor)

(Office Seal) (Office Seal)

Place ……………………..

Date ………………………

Witness 1: ………………………… Witness 2: ………………………….

(Name & Address) (Name & Address)

49
Annexure - Guidelines for Indian Agents for Foreign Supplier

1. Authorised Indian Agent of a foreign manufacturer or indigenous manufacturer is also eligible to quote on behalf of its
principal against the tender, in case manufacturer as a matter of corporate policy does not quote directly. However, in
such case, authorized India Agent shall have to upload scanned copy of tender specific Manufacturer’s Authorization
– signed and stamped by the manufacturer to quote against the CIL Tender, indicating the Tender Reference No.
and date along with the offer. The authorized Indian Agent is to upload scanned copies of details in respect of its or-
ganization along with the copies of document like certificate of incorporation / registration etc. along with the offer.
The firm (Indian Agent) should be in existence for 3 years on the date of tender opening, irrespective of date of ap-
pointment as Indian Agent.

In case an Indian Agent is participating in a tender on behalf of one manufacturer, it is not allowed to participate /
quote on behalf of another manufacturer in this tender or in a parallel tender for the same item. Further, in a tender,
either manufacturer can quote or its authorized Indian Agent can quote but both are not allowed to participate / quote
in the same tender. Also one manufacturer can authorize only one agent to quote in the same tender. All the bids, not
quoted as per the above guidelines, will be rejected.

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

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

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

4. The payment of Indian Agency Commission, if any, involved may be considered in case of necessity, subject to
compliance of the Government of India guidelines issued from time to time. The name of the Indian Agent with their
full address and the quantum of Agency commission if any, payable shall have to be mentioned in the offer by the
foreign manufacturer.

The following documents shall be submitted by the bidder in case of contract with foreign principals involving Indian
agents:
i. Foreign principal’s pro-forma invoice or any other authentic document indicating the commission pay-
able to the Indian Agent, nature of after sales service to be rendered by the Indian Agent and the pre-
cise relationship between the Principal and the Agent and their mutual interest.
ii. Copy of the agency agreement if any with the foreign principal stating the precise
relationship between them and their mutual interest in the business.
However, if all the details given in Para – (i) are complied with, the requirement of submission of document mentioned
at Para – (ii) may be waived.

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

50
 ANNEXURE-III

BANK GUARANTEE PROFORMA FOR PERFORMANCE SECURITY/GUARANTEE

(TO BE STAMPED IN ACCORDANCE WITH STAMP ACT)
(TO BE ISSUED BY ANY NATIONALISED/ SCHEDULED BANK AUTHORISED BY RBI TO ISSUE A BANK GUARANTEE)

To,
Central Mine Planning & Design Institute Limited,
Gondwana Place, Kanke Road, Ranchi -834031

In consideration of the Central Mine Planning & Design Institute Limited, having its Registered office at
Gondwana Place, Kanke Road, Ranchi -834031 (hereinafter called to as the “Employer” which expression shall
unless repugnant to the context or meaning thereof, include all successors, administrators and assigns) having
awarded to _______________ [Name & Address of the Contractor] (hereinafter called to as “Contractor” which
expression shall unless repugnant to the context of meaning thereof include its successors, administrators, executors
and assigns) the work ________________ [Name of the Work] by issue of Letter of Award No. ________ [Work
Order/Letter of Intent No.] and the same having been unequivocally accepted by the Contractor resulting into a Contract
Agreement dated __________ valued at ________________ [value of Work Order] (hereinafter called ‘the Contract’)
and the Employer having agreed to accept Performance Bank Guarantee of ___ [indicate figure]% of the Contract Sum
_____________ [amount in figures and words) from a Nationalized/Scheduled Bank for due performance of the work
executed by the Contractor as per the terms & conditions contained in the said Contract.
We, ____________________ [name of the Bank], of ________________ [address of the Bank] (hereinafter
called to as “Bank” which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer immediately on
demand and or, all money payable by the Contractor to the extent of __________________ [amount of guarantee in
figures and words ], at any time from _________ to _________ without any demur, reservation, recourse, contest or
protest and/or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be
conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein contained
shall be irrecoverable and shall continue to be enforceable as per the terms & conditions contained in the said Contract.
The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee, from time to time, to extend the validity of time of Performance of the Contract by the Contractor. The
Employer shall have the fullest liberty without affecting this Guarantee, to postpone, from time to time, the exercise of
any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at
any time in any manner, and either to enforce or to forebear or to enforce any covenants contained or implied in the
Contract, between the Employer and the Contractor or any other course or remedy or security available to the
Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer of its
liberty with reference to matter aforesaid or any of them or by reason of any other act of forbearance or other acts of
omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other
matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank. The
Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a
Principal Debtor in first instance, without proceeding against the Contractor and notwithstanding any security or other
Guarantee that the Employer may have in relation to the Contractor’s liabilities.
Dated this ______________day of _______________ at _________________
For and on behalf of the Bank.
Signature _________________________
Name _________________________
Designation _________________________
Common Seal of Bank _________________________

51
 ANNEXURE-IV

MANDATE FORM FOR ELECTRONIC FUND TRANSFER/INTERNET BANKING PAYMENT.

To
Central Mine Planning & Design Institute Limited,
Gondwana Place, Kanke Road, Ranchi -834031

Sub: Authorization for release of payment due from Central Mine Planning & Design Institute Limited,
Gondwana Place, Kanke Road, Ranchi through Electronic Fund transfer/ Internet Banking.

(SBI-NET)
Ref: Order No._______ Date _______ and/or Tender ID ________
(Please fill in the information in CAPITAL LETTERS, Please TICK wherever it is applicable).
1. Name of the Party : _____________________________________________
2. Address of the Party : _____________________________________________
City ____________________ _ PIN Code___________
3. E- Mail Id _____________________________________
4. Permanent Account Number ______________________________
5. Particulars of Bank
Bank Name Branch Name
Branch Place Branch City
PIN Code Branch Code
MICR No.
(9 Digits 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 Savings Current Cash Credit
Type
Account Number (as appearing in
the Cheque Book)
6. 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 Central Mine Planning & Design Institute Limited
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.

Place:

Date:
Signature of the party/Authorized Signatory.
Certified that the particulars furnished above are correct as per our records.
Banker’s Stamp :

Date: (Signature of the Authorized official from the Banks)

52
 ANNEXURE-V

(An Undertaking on the bidder’s letter-head)

KEY PROFESSIONAL & FLEET REQUIREMENT

I / We …………………………………………..... Proprietor/Partner/Legal Attorney/ Director/ Accredited Representative of
M/S. ......................., solemnly declare that:

1. I/ We am/ are submitting Bid for the work……......................................................against Tender ID.........................

and I/ we offer to execute the work in accordance with all the terms, conditions and provisions of the bid.

2. I/We will deploy the adequate number of Drilling rigs/Survey Instrument/ Geophysical Logging unit/Seismic data
acquisition system and accessories / equipment of required capacity, either owned or hired to ensure pro-rata
progress of work over the scheduled period of completion of work.

3. I/We will engage the adequate number of Geologist/Surveyor/ Geophysicist for successful execution of the job and
to achieve required progress of work during entire contract period.

Signature of the Bidder with seal of the firm

53
 Annexure-VI
Letter of Bid
To,
The Tender Inviting Authority,
Central Mine Planning & Design Institute, Ranchi.

Sub. : Letter of Bid for the work “Detailed Exploration in Dhorakuhi coal Block, Pench Kanhan
Tawa Coalfield, in Chhindwara District in the State of Madhya Pradesh, India”
Ref. : Tender Ref. No. “CMPDI/CMC/2024-25/20”

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 in its entirety for the above work and agree to abide by and fulfil 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 CMPDIL.
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 Central Mine Planning and Design Institute Limited, Ranchi.
Should this bid be accepted, we agree to furnish Performance Security within 21 days of issue of letter of acceptance
and commence the work within 10 (ten) days from the submission of Performance Security or handing over the site or
issue of work order or handing over the relevant document to the contractor for preparation of Exploration Scheme,
whichever is later. In case of our failure to abide by the said provision Central Mine Planning and Design Institute
Limited, Ranchi 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 of
12 months.

54
 Annexure-VII

UNDERTAKING(On Bidder's Letter Head)

(As per Clause-9.6, 9.9, 41.2(d) & 41.2(e) of Tender Document)

I / We …………………………………………..... Proprietor/Partner/Legal Attorney/ Director/ Accredited Representative of

M/S. ......................., solemnly declare that:
1. I/ We am/ are submitting Bid for the work……......................................................against Tender
ID......................... and I/ we offer to execute the work in accordance with all the terms, conditions and provisions
of the bid.
2. Myself/Our Partners/ Directors don’t has/have any relative as employee of Central Mine Planning and Design
Institute Limited, Ranchi
OR
The details of relatives of Myself/Our Partners/ Directors working as employee of Central Mine Planning and
Design Institute Limited, Ranchi 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/Step-Sister.

3. All information furnished by us in respect of fulfillment of eligibility criteria and qualification information of this Bid
is complete, correct and true.
4. All copy of documents, credentials and documents submitted along with this Bid are genuine, authentic, true and
valid.
5. I/ We hereby authorize department to seek references / clarifications from our Bankers.
6. 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.
7. * 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.
8. 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 04.06.2020, issued by Govt. of India as amended from time to
time
9. I/We do not have relationship with one or more parties in this bidding process, directly or through common third
parties, that puts me/us in a position to have access to information about or influence on the bid of another
Bidder; or
10. I/We or any of my/our affiliate did not participate as a consultant in the preparation of the design or technical
specification of the contract that is the subject of the bid.
11. Our firm has not been suspended, banned or de-listed by any Government or Quasi-Government agencies or
PSU’s.
12. If any information and document submitted is found to be false/ incorrect at any time, department may
cancel my/our Bid and action as deemed fit may be taken against me/us, including termination of the
contract, forfeiture of all dues including Earnest Money and banning of our firm and all partners of the firm etc.

[* Delete whichever is not applicable.]

55
 Annexure-VIII

AGREEMENT FORM

This agreement, made the _______________ day of ___________202___between

__________________________________ (name and address of the Employer) (hereinafter called "the Employer" and
______________________ ______________________ (name and address of the Contractor) (hereinafter called "the
Contractor" of the other part)

Whereas the Employer is desirous that the Contractor execute for Detailed Exploration in the ------------------ Block, --------
--------------- Coalfield of --------------- District in State of -------------------- offered vide Tender ID ___________________
(hereinafter called "the Works") and the Employer has accepted the Bid by the Contractor for the execution and
completion of such Works and the remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this agreement, works and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and
construed as part of this agreement.

2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the
Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects
therein in conformity in all respects with the provisions of the Contract.

3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the
Works and the remedying of the defects wherein the Contract price or such other sum as may become
payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

4. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz. :

(i) Letter of Acceptance;

(ii) Notice to proceed with the work;
(iii) Contractor's Bid;
(iv) Conditions of Contract;
(v) Specifications;
(vi) Drawings;
(vii) Bill of Quantities and
(viii) Any other document listed in the Bid document/ Contract as forming part of the contract

IN witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The Common Seal of __________________________________________________________________________

was hereunto affixed in the presence of: ___________________________________________________________

Signed, Sealed and Delivered by the said ___________________________________________________ _____ ____

in the presence of:____________________ _______ ____

Binding Signature of Employer _______________________________________

Binding Signature of the Contractor_____________________________________

56
 Annexure-IX

PROFORMA OF JOINT VENTURE AGREEMENT

(On Non-Judicial Stamp paper of appropriate value as per provision of the Stamp Act applicable in the concerned state)
This Joint Venture agreement is made on this ……………………..day of…………………………………..

AMONGST/BETWEEN
M/s………………………………………, having its registered Office
at……………………….........................................................
Represented by Shri……………………………….. (Name and Designation) of M/s………………...Who has power of
Attorney to enter into Joint Venture with…………………………………….…………...and Sign all documents/ agreements
on behalf of M/s……………… (hereinafter referred to as”……………….”)
AND

M/s………………………………………, having its registered Office at ………………………...

Represented by Shri…………………………….(Name and Designation) of M/s…………………….who has power of
Attorney to enter into Joint Venture with………………………………………………....and Sign all documents/agreements on
behalf of M/s……………… (hereinafter referred to as”……………….”).

AND
M/s………………………………………, having its registered Office at ………………………...
Represented by Shri……………………………. (Name and Designation) of M/s………………...who has power of Attorney
to enter into Joint Venture with……………………………………………………..and Sign all documents/agreements on
behalf of M/s……………… (hereinafter referred to as”……………….”).

The expressions M/s ………………….. and M/s………………and M/s …..shall, wherever the context admits, mean and
include their respective legal representatives, successors-in-interest and assigns and shall collectively be referred to as
“Joint Venture /Parties” and individually as “Joint Venture Partner/Party”.

WHEREAS M/s……………….and M/s…………….… …agreed to form a Joint Venture in order to join their forces to obtain
best results from the combinations of their individual resources of technical and management skill, finance and equipment
for the benefit of the project and in order to submit the Bid for the work of
“………………………………….............................................
……………………………………………………………………………………………………………………………….. (Hereinafter
referred to as “Project”) under…………………….. (Name of Company(hereinafter referred to as “the principle Employer”).
The Parties hereby enter into this Joint Venture Agreement (hereinafter referred to as “Joint Venture agreement”) to jointly
prepare and submit the Bid for the Project and in the event of securing the Project from the Employer, to execute the
Project in accordance with the Contract terms and conditions, to the satisfaction of the Principal Employer.

NOW THEREFORE, the parties, in consideration of the mutual premises contained herein, agree as follows:

1) FORMATION AND TERMINATION OF THE JOINT VENTURE.

The parties under this Agreement have decided to form a Joint Venture to submit the Bid for the above Project and
execute the Contract with the Principal Employer for the Project, if qualified and awarded.
a) The name and style of the Joint Venture shall be “……………………………….”
(hereinafter called the “Joint Venture”)

b) The Head Office of the Joint Venture shall be located at………………………. and the site office will be locat-
ed at the site of the Project. All communication regarding the project will be made to…………………… Tele-
phone Nos………………………….

c) Neither of the parties of the Joint Venture shall be allowed to sign, pledge, sell or otherwise dispose all or part of
its respective interests in the Joint Venture to any party including the existing partner of the Joint Venture.

d) The terms of the Joint Venture shall begin as on the date first set forth above and shall terminate on the earliest of
the following dates.

57
i) The Joint Venture fails to obtain qualification from the Employer.
ii) The Contract for the Project is not awarded to the Joint Venture.
iii) The Employer cancels the Project.
iv) The Project is completed including defects liability period to the satisfaction of the Employer and all the parties
complete any and all duties, liabilities and responsibilities under or in connection with the Contract and the Joint Venture
agreement.

2) LEAD PARTNER.

M/s…………………………. shall be the Lead Partner of the Joint Venture and is In-charge for performing the contract
management. M/s…………………. shall be attorney of the parties duly authorized to incur liabilities and receive
instructions for and on behalf of any and all partners in the Joint Venture and also all the partners of the Joint Venture
shall be jointly and severally liable during the bidding process and for the execution of the contract as per contract terms
with the employer in accordance with the power of attorney annexed. All Joint Venture Partners M/s………………….;
M/s……………. & M/s…………………………. nominate and authorize Shri………………. (name and designation) of
M/s……………………………… to sign all letters, correspondence, papers & certificates and to submit the Pre-
qualification Application / Bid documents for and on behalf of the Joint Venture.

3) REPRESENTATIVE OF THE PARTNERS OF THE JOINT VENTURE.

Each constituent party of the Joint Venture appoints the following personnel as the representative of the relevant party
with full power of attorney from the Board of Directors of the concerned company, or from the partners of the entity, or
from the proprietor.
JV Partner Name Position in the respective Company
M/s…………… …………………. ……………………………………..
M/s…………. ………………….. ……………………………………..
M/s ………… ………………… ……………………………………..

4) PARTICIPATION SHARE & WORK RESPONSIBILITIES.

4.1 The parties agree that their respective participation share (hereinafter called ‘Participation Share’) in the Joint
Venture shall be as follows:
M/s………………………………….: …….…..% (…………..per cent)
M/s………………………………….: …….…..% (…………..per cent) and
M/s………………………………….. ……..…..% (…………..per cent)

4.2 The Parties shall share the rights and obligations, risk, cost and expenses, working capitals, profits or
losses or others arising out of or in relation to execution of the Project individually or collectively.

4.3 The parties shall jointly execute the works under the Project as an integrated entity and allocate responsibilities as
regards division of work between themselves by organizing the adequate resources for successful completion of the
Project. However, all parties shall remain jointly and severally responsible for the satisfactory execution of the Project in
accordance with the Contract terms and conditions.

5) JOINT AND SEVERAL LIABILITIES.

All partner of Joint Venture shall be liable jointly and severally during the Pre-qualification and Bidding process; and in
the event the contract is awarded, during the execution of the Contract, in accordance with Contract terms.

6) WORKING CAPITAL

During the execution of work/service, the requirement of Working Capital shall be met individually or collectively by the
JV partners.

7) BID SECURITY:

Bid Security, Performance Security and other securities shall be paid by the Joint Venture except as otherwise agreed.

8) PERSONNEL & EQUIPMENT

58
Team of Managers / Engineers of all the partners of the Joint Venture will form part of the core management structure
and assist in execution of the project. The list of Personnel and equipment proposed to be engaged for the project by
each Party will be decided by the management committee.

9) NON-PERFORMANCE OF RESPONSIBILITY BY ANY PARTY OF JOINT VENTURE.

a) As between themselves, each Party shall be fully responsible for the fulfillment of all obligations arising out of its
scope of the work for the Project to be clarified subject to the Agreement between the Parties and shall hold harmless
and indemnified against any damage arising from its default or non-fulfillment of such obligations.

b) If any Party fails to perform its obligations described in this Agreement during the execution of the Project and to cure
such breach within the period designated by the non-defaulting party, then the other party shall have the right to take up
work, the interest and responsibilities of the defaulting party at the cost of the defaulting party.

c) Stepping into the shoes of the existing partner of Joint Venture with all the liabilities of the existing partner from the
beginning of the contract with the prior approval on Northern Company.

d) Notwithstanding demarcation or allotment of work of between/amongst Joint Venture partners, Joint Venture shall be
liable for non-performance of the whole contract irrespective of their demarcation or share of work.

e) In case bid being accepted by Company, the payments under the contract shall only be made to the Joint Venture
and not to the individual partners.

10) BANK A/C.

Separate Bank A/c. shall be opened in the name of the Joint Venture in a scheduled or Nationalized Bank in India asper
mutual Agreement and all payments due to the Joint Venture shall be received only in that account, which shall be
operated jointly by the representative of the Parties hereto. The financial obligations of the Joint Venture shall be
discharged through the said Joint Venture Bank Account only and also all the payments received or paid by company to
the Joint Venture shall be through that account alone.

11) LIMIT OF JOINT VENTURE ACTIVITIES

The Joint Venture activities are limited to the bidding and in case of award, to the performance of the Contract for the
Project according to the conditions of the Contract with the Employer.

12) TAXES

Each Party shall be responsible for its own taxes, duties and other levies to be imposed on each party in connection
with the Project. The taxes, duties and other levies imposed on the Joint Venture in connection with the Project shall be
paid from the account of the Joint Venture.

13) EXCLUSIVITY

The Parties hereto agree and undertake that they shall not directly or indirectly either individually or with other party or
parties take part in the Bid for the said Project. Each Party further guarantee to the other party hereto that this
undertaking shall also apply to its subsidiaries and companies under its direct or indirect control.

14) MISCELLANEOUS

a. Neither party of the Joint Venture shall assign, pledge, sell or otherwise dispose all or part of its respective interests
in the Joint Venture to all third party without the Agreement of the other party in writing.
b. Subject to the above clause, the terms and conditions of this agreement shall be binding upon the parties, the
Directors, Officers, Employees, Successors, Assigns and Representatives.

59
15) APPLICABLE LAW

This agreement shall be interpreted under laws and regulations of India.

IN WITNESS Whereof the Parties hereto have hereunder set their respective hands and seals the day, month, year first
above written.

For…………………………………….. For……………………………..
Signature _____________________ Signature _______________
(Name & Address ) (Name & Address )
(Official Seal ) (Official Seal )
Place………………………………….. Place………………………..
Date …………………………………… Date ……………………………….
Witness Witness
Signature …………………………….. Signature ………………………
(Name & Address ) (Name & Address )

60
 TECHNICAL DOCUMENT OF DHORAKUHI BLOCK, PENCH KANHAN TAWA VALLEY
COALFIELD, MADHYAPRADESH

1 Name of the Block: Dhorakuhi

2 Area 11.6 Km2
3 Toposheet F44G15 AND F44H03( OSM series)
4 Coal field Pench Kanhan Tawa Coalfield
5 State Madhya Pradesh
6 District: Chhindwara
7 Nearest Railhead Nagpur and Pipariya Railway station
8 Nearest town Parasia township is located about 45 km from the block.
9 The Coal Block is bounded by Easting 2998511.098m and 3003332.249m a
Coordinates
nd Northing -1344503.096m N and 1340649.162m N in coal grid
10 To establish the existence and continuity of coal seams occurring in
the block as significant coal resources are present in adjoining block
such as Naheariya Dhankasa and Urdhan Jamunia Block.
Objective of proposal

b)To establish the lay, disposition and potentiality of coal seams.

c)To assess the coal resource by G1 stage of exploration in the block.
11 The area is well connected with two major Rail-Lines Nagpur and P
ipariya, which fall on Howrah-Mumbai (via Nagpur) and Howrah-
Mumbai (via Allahabad) lines respectively.
Parasia is the nearest major colliery township situated about 45 km
southwest from the southern boundary of the area. The coal block i
Accessibility s situated about 210 km NNW of Nagpur, connected through NH-6
9 (from Nagpur to Saoner), followed by Maharashtra SH-25 (from S
aoner to Chhindwara) and SH-19 (from Chhindwara to Amarwara).
The main approach road is Nagpur-Saoner-Sausor-Chhindwara-A
marwara. The interior parts of the area can be approached by a nu
mber of unmetalled roads
12 The coal block is generally hilly with undulating topography. The
Broad Terrain Details
altitude of the area ranges from 900m to 1200 m above the MSL
13 Total Meterage 29130m (+/-30%)
Proposed:
14 Depth Range wise Depth range(m) Meterage ( m)
Proposed Meterage
0-600m 29130m
15 The exploration in adjacent Naheriya Dhankasa block has establish
Sequence of coal seams
ed the presence of 5 coal seams(Seam I,II,III,IV,V)
16 Target Seam Seam V( Bottom Seam)
17 Regional exploration was carried out in Dhorakuhi region by GSI (9
Previous Exploration
Boreholes (PDK-1A, 2A, 3B, 4, 5, 6B, 7A, 8 & 9) totalling 3862.75m.
18 Geophysical logging of 29130m (+/-30%) (100% of the drilling quant
Proposed Geophysical
um) with parameters;a) Base log b) Dual density 3) Natural gamma
Logging
4) Caliper, 5) SPR 6) Resistivity, Deviation-5240 (Depth>500m).
19
A total 1350 observations (approx.) have been proposed over 10
Additional Geophysical
profile line at station interval of 20 m & profile line interval of 400 m.
Studies to be carried out
– Magnetic Survey.

1) Block Location Plan-Plate A

2) Graphic log of boreholes drilled by GSI- Plate B
3) Cardinal Points of the Block. Plate C
 BLOCK LOCATION PLAN OF DHORAKUHI BLOCK,PENCH KANHAN TAWA VALLEY CF ,MADHYA PRADESH

78°59'0"E 79°0'0"E 79°1'0"E 79°2'0"E

Bamhanwara

²
22°22'0"N

22°22'0"N
Dhorakuhi
22°21'0"N

22°21'0"N
BHURKUMDHANA

NEHARIA -DHANKASA

Legend
BLOCK CATEGORY
CIL
22°20'0"N

22°20'0"N
MMDR
URDHAN-JAMUNIA
78°59'0"E 79°0'0"E 79°1'0"E 79°2'0"E
 Dhorakuhi Block, Pench Kanhan Coalfield
FOR INTERNAL/RESTRICTED USE ONLY
78°58'30"E 78°59'0"E 78°59'30"E 79°0'0"E 79°0'30"E 79°1'0"E 79°1'30"E 79°2'0"E 79°2'30"E
22°22'30"N

22°22'30"N
ST_CBM_2008_IV
78° 59' 1" E
Bamhanwara

79° 1' 53" E

.
22° 22' 3" N 22° 22' 3" N
22°22'0"N

22°22'0"N
!
. 79° 0' 47" E !
.
22° 21' 58" N
!
.
22°21'30"N

22°21'30"N
Dhorakuhi
22°21'0"N

22°21'0"N
22°20'30"N

22°20'30"N
Legend NEHARIA
-DHANKASA
22°20'0"N

22°20'0"N
13FinalGSIBlocks_CardinalPoints
78° 59' 1" E 79° 1' 53" E
!
. Bounding Coordinates 22° 19' 55" N 22° 19' 55" N

URDHAN-JAMUNIA
!
. !
.
Bounding Envelope
Block Boundary

Category
CIL
0 0.425 0.85 1.7
22°19'30"N

22°19'30"N
CBM BLOCK (Re-Carved) Km

78°58'30"E 78°59'0"E 78°59'30"E 79°0'0"E 79°0'30"E 79°1'0"E 79°1'30"E 79°2'0"E 79°2'30"E

Note: Data is in WGS84 coordinate system.
 78°59'0"E 79°0'0"E 79°1'0"E

22°22'0"N 22°22'0"N

22°21'0"N 22°21'0"N

22°20'0"N 22°20'0"N

22°19'0"N 22°19'0"N
78°59'0"E 79°0'0"E 79°1'0"E
0.5 0.25 0 0.5 1 Kilometers
cp_wgs
CP X_CG Y_CG x_wgs y_wgs
1 2998511.0976 1344406.9765 78° 59' 2.790" E 22° 21' 58.235" N
2 3001530.6841 1344446.745 79° 0' 48.243" E 22° 21' 59.528" N
3 3003332.2487 1344503.0957 79° 1' 51.159" E 22° 22' 1.351" N
4 3000121.3624 1340995.1059 78° 59' 59.026" E 22° 20' 7.412" N
5 3000201.041 1340905.6794 79° 0' 1.808" E 22° 20' 4.508" N
6 3000200.092 1340905.3022 79° 0' 1.774" E 22° 20' 4.495" N
7 3000376.5618 1340704.0156 79° 0' 7.936" E 22° 19' 57.957" N
8 2998512.0578 1340649.1623 78° 59' 2.836" E 22° 19' 56.173" N
9 2998511.7646 1340837.7924 78° 59' 2.825" E 22° 20' 2.300" N

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