Tendernotice 1 PDF

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Ref. No.: NCL/KHD/PUR/OTE/E-PROCUREMENT/17-18/17002/010 Date: 13.04.2017
Notice Inviting Tender (through e-PROCUREMENT Channel)
DOMESTIC TENDER
SUPPLY OF spares for Pump Model 10/12 DME
A. Tenders are invited through on-line bidding process on the website

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

Estimated
Earnest Money
Item No. of Value
Deposit
Description Items of Tender (in
(In INR)
INR)
spares for Pump Model 10/12
09 712423.00 14248.00
DME
All bids are to be submitted on-line on E Procurement portal of Coal India Ltd website
https://coalindiatenders.gov.in. No Offline-Bids will be accepted. Earnest Money Deposit is
to be submitted online through payment gateway provided at NIC Portal during online
submission of bid.
Before starting the bidding process, bidders are advised to carefully read Instructions to
the Contractors/Bidders for the e-submission of the bids online through this e-Procurement
Portal i.e. https://coalindiatenders.gov.in available under the link Help for Bidders and any
other guidelines available at bidding portal https://coalindiatenders.gov.in.
Time Schedule of Tender:

Sl. No. Particulars Date Time
a. Tender Publishing date 14.04.2017 18:00 Hr.
b. Document download start date 15.04.2017 10:00 Hr.
c. Seek Clarification start date 15.04.2017 10:00 Hr.
d. Seek Clarification end date 22.04.2017 17.00 Hr.
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e. Bid Submission start date 15.04.2017 10:00 Hr.

f. Bid submission closing date 05.05.2017 13:00 Hr.
g. Last date of receipt of EMD Same as (f) above
h. Bid Opening date 06.05.2017 15:00 Hr.
Note:
In case 3 Bids are not received within the originally stipulated time, the due date of tender
shall be extended by 02 days and thereafter by 05 days automatically by the system.
Even after granting two extensions, less than 3 Bids are received, tender shall be considered
for opening.
If due to unavoidable / unforeseen circumstances and also if bid opening date falls on a
holiday, the online bid will be opened on the next working day at the same time.
B. 1. SUBMISSION OF BID
a. In order to submit the Bid, the bidders have to get themselves registered online on the e-
Procurement portal (https://Coalindiatenders.gov.in) with valid Digital Signature Certificate
(DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of
India, and which can be traced up to the chain of trust to the root certificate of CCA. The online
Registration of the Bidders on the portal will be free of cost and one time activity only. The
registration should be in the name of bidder, whereas DSC holder may be either bidder himself
or his duly authorized person.
b. The bidders have to accept unconditionally the on-line user portal agreement which contains
the acceptance of all the Terms and Conditions of NIT including Commercial & General Terms
& Conditions and other terms, if any, along with on-line undertaking in support of the
authenticity of the declarations regarding the facts, figures, information and documents
furnished by the Bidder on-line in order to become an eligible bidder. No conditional bid shall be
allowed/ accepted.
c. Letter of Bid: The format of Letter of Bid (as given in the NIT at Annexure -A) will be
downloaded by the bidder and will be printed on Bidders letter head and duly Signed & Sealed
scanned copy of the same will be uploaded during bid submission in Cover-I. This will be the
covering letter of the bidder for his submitted bid. The content of the Letter of Bid uploaded by
the bidder must be the same as per the format downloaded from website and it should not
contain any other information.
It may be noted that if the information/declaration/Credentials/ scanned documents

furnished in support of the claims made in the Bid or same in respect of Eligibility
Criteria are found to be wrong or misleading at any stage, such bidder will be liable to
punitive action.
The physical signature in the Letter of Bid (LOB) will be accepted without questioning the
identity of person signing the Letter of Bid as it contains digital signature of DSC holder.
Note:
1. In case the bidder who has signed the LOB is the DSC holder, no additional documents are
required.
2. In case the bidder who has signed LOB is not the DSC holder, then the authorization on non
- judicial stamp paper duly notarized as per format (given in Annexure - A) by the person
signing the LOB i.e. the bidder, in favour of person bidding online i.e. DSC holder, is required to
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be uploaded along with this Letter of Bid.
d. 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.
e. The bidder will have to upload Self authenticated & Notarised scanned copies of various
documents required for eligibility and all other documents as specified in NIT, in Techno-
commercial Bid in Cover I and Price Bid in Cover II.
f. Technical Parameter Sheet with Commercial Parameter Sheet(TPS-CPS.xls).: This will be

downloaded by the bidder and he will furnish all the required information on this Excel file.
Thereafter, the bidder must upload the same Excel file during Bid submission. The Technical
Parameter cum Commercial Parameter Excel file shall contain the following Two sheets:
(i) Commercial Parameter Sheet (CPS)- The Commercial Parameter Sheet containing the
commercial parameters should be uploaded after filling the required details and selecting the
parameters. Bidders must fill and select the relevant information before uploading the same.
Note: Bidders should fill Commercial Parameter Sheet (CPS) first and then Technical
Parameter Sheet (TPS-BoQ1) thereafter.
(ii) Technical Parameter Sheet (TPS-BoQ1) - The Technical Parameter Sheet containing the
technical specification parameters for each tendered item is in Excel format. Non-compliance of
any of the parameter of specification for any of the item will disqualify the bidder for that item.
The Technical Parameter Sheet (TPS-BoQ1) & Commercial Parameter Sheet (CPS) which is
incomplete and not submitted as per instruction given will be rejected by the system. In case of
non-compliance of any of the parameter/ terms in these sheets shall result in rejection of the bid
during the process of automatic evaluation by the system and such bids shall not be considered
for opening of Price Bids.
g. PRICE BID/BOQ: The Price Bid containing the Bill of Quantity (BOQ) is in Excel Format will be
uploaded during tender creation. The Price Bid/ BOQ comprises of following Sheets:
I. BoQ1: This is Top Sheet of the Price Bid. Bidders are required to fill up the relevant details only.
Entry of Price is not allowed in this Sheet. Bidders are required to select the Currency in which
they desire to quote from the dropout menu availablein this sheet (INR or Other Currency)
for each individual item.
Submission of information/Price in Bid_INR & Bid_Other: The Price bid/BOQ containing the
above Sheets in Excel File will be downloaded by the bidder and they will quote the rates, taxes &
duties etc. for the offered items in the same Excel file along with the price.
Thereafter, the bidder must upload the same Excel file during bid submission in Cover-II. Price is
to be quoted in the following manner:
(A) Bidders to Submit Offer in INR: The bidders will select the item wiseType of Currency as
INR in the BoQ1 Sheet. The bidders are required to fill all required data and Price Elements as
indicated in Bid_INR Sheet.
(B) Bidders Who Desire To Submit Offer in Foreign Currency: Foreign Bidders who are not
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willing to quote in INR have the choice to submit offer in any of the following currencies: (a) US
Dollar (US$); (b) Euro ; (c) GBP (d) Japanese Yen and (e) Australian Dollar.
Such bidders will select the item wiseType of Currency in the BoQ1 Sheet. The bidders are
required to fill all required data including the approx. weight for each of the tendered items (in
kgs) and Price Elements as indicated in the Bid_Other Sheet.
NOTE: The price for determining status of the bidders shall be automatically calculated by
the system based on the inputs values provided by respective bidder in their price bid.
Bidder must indicate all the price elements of Cost which are applicable in their case, as
provided in the relevant Price Bid Format. In case any of the Cell in Price Bid Format
pertaining to any cost element is left blank or shown as 0.00, then that Element shall be
treated as Included in Basic Price/NIL and in case such cost is applicable/payable extra
over the Basic Price the same shall be borne by the seller in the event of placement of
order. NCL will not entertain any claim whatsoever for additional payment on account of
any of such price elements for which value is indicated Nil or Corresponding Cell is left
Blank.
OTHER INFORMATION REGARDING BOQ/ PRICE BID:

The Price-bid will be in item-wise unit Rate BOQ format and the bidder may quote for any or all the
tendered items. The Price bid of the tenderers will have no condition. The Price Bid which is
incomplete and not submitted as per instruction given above will be rejected.
In case of Taxes and Duties like excise duty, VAT/CST etc., the applicable rate of these duties in
terms of %age is to be entered in the relevant fields. In case of Excise Duty & Cess, the bidder
has to enter absolute value also. The applicable rate of these elements in terms of %age is also to
be declared in Other Commercial Information sheet.
In case Excise Duty is included in the quoted basic price, bidder needs to declare the absolute
value in the relevant column of Price Bid/BOQ based on legally applicable rates. The rate of
Excise Duty included in the price should be declared in Other Commercial Information sheet.
In case the tendered item is eligible for CENVAT CREDIT and Input Tax Rebate then the L-1
status shall be decided by deducting the Cenvat Amount / Minimum CENVAT Amount component
from the Total Rate by the system.
The rate of excise duty entered by the bidder in BOQ sheet should be legally applicable rate of
Excise Duty at the time of submission of bid. If bidder is eligible for Exemption of excise or lower
than the normal excise rate is applicable in their case, then bidder has to upload the authenticated
document towards such exemption online & furnish the authentic documents.
In case of CVD (Counter Veiling Duty) and Special Additional Duty (SAD) to be paid by
Indian selling agent/ dealers/ distributors authorised by foreign manufactures, bidder
needs to declare Minimum Cenvat Amount in absolute value in the Price Bid/BOQ based
on legally applicable rates.
In case of successful bidder(s), who has offered rates in INR inclusive of duties (i.e. cases
of Indirect Import or where Excise Duty is inclusive in the quoted price) if at the time of
supply it is found that Cenvat Credit available to NCL on this account is less than the
Minimum Cenvat Amount Per Unit declared in the BOQ/Price Bid, the differential amount
between the two shall be deducted from the Bill of Supplier while making payment to them.
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Entry Tax is not be applicable in UP and Way-Bill will be provided , if required.
Input Tax Rebate will be provided to the bidders who are registered in Uttar Pradesh and
consignment is delivered in Uttar Pradesh. The applicable bidder will get the benefit of UPVAT
offset and the same will be reduced from the Total Rate.
No Input Tax rebate is applicable for bidders who are registered in other states i.e. no off-set on
this account is available where Central Sales Tax (CST) is applicable.
j. It is the bidders responsibility to comply with the system requirement i.e. hardware, software and
internet connectivity at bidders premises to access the e-Procurement website. Under any
circumstances, NCL shall not be liable to the bidders for any direct/indirect loss or damages
incurred by them arising out of incorrect use of the e-Procurement system or internet connectivity
failures.
2. Cost of Bidding: The bidder shall bear all costs associated with the preparation and
submission of his bid and NCL will in no case be responsible and liable for those costs.
3. Clarification of Bid: The bidder may seek clarification online within the specified period. The
identity of the Bidder will not be disclosed by the system. 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 clarifications may be asked from the day of
e-Publication of NIT. The last date for seeking clarification by bidder will be as per TIME
SCHEDULE given above and the last date of giving clarification on-line will be up to 07 (seven)
days before the last date of submission of bid, as indicated in the TIME SCHEDULE given above.
4. Modification / Withdrawal of Bid:

Modification of the submitted bid shall be allowed online only before the deadline of submission of
tender and the bidder may modify and resubmit the bid on-line as many times as he may wish.
Bidders may withdraw their bids online within the end date of submission.
5. a) Evaluation of Bid:
i. The bidder will have to upload scanned copies of various documents as specified in NIT for
the evaluation process, document in support of exemption of EMD (if applicable) and
documents as per requirement of Technical Parameter Sheet (TPS-BoQ1) Cum Commercial
parameter Sheet (CPS) in excel format for techno-commercial evaluation.
ii. The online bids will be opened on the pre-scheduled date and time of tender opening. The
bids will be decrypted on-line and will be opened by the Bid Opener with their Digital
Signature Certificates and upon opening of the tender by the bid openers, system
automatically evaluates particulars as contained in GTE, TPS and other commercial
parameters (combined with TPS).
iii. Upon opening of the bids, GTE, TPS, BOQ and all other documents uploaded by the eligible
bidders get opened and comparative statement of prices is generated by the system.
iv. The L-1 price in INR will be declared by the system, based on the comparative statement so
generated.
b) REVERSE AUCTION
i.
ii. Shortfall Documents /Confirmatory Documents: After evaluation shortfall
documents/Confirmatory Documents, if required, shall be sought from the L1 bidder. These
documents shall not be relating to submission of EMD. Request for documents and the
response shall be in writing. No modification of the bid and any form of communication with
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NCL or submission of any additional documents, not specifically asked for by NCL, will be
allowed and even submitted they will not be considered by the purchaser.
For this purposed, maximum 02 chances, each of 7x24 hours duration shall be given. The
above documents will be specified on-line under the link Confirmatory Documents, by
evaluator, indicating the start date and end date giving 07 days time for online submission by
bidder. The bidders will get this information on their personalized dashboard under Upload
Confirmatory Documents /Information link. Additionally, information shall also be sent by
system generated email and SMS, but it will be the bidders responsibility to check the updated
status/ information on their personalized dashboard at least once daily after opening of bid. No
separate communication will be required in this regard. Non receipt of email and SMS will not
be accepted as a reason of non-submission of documents within prescribed time. The bidders
will upload/re-upload the requested documents within the specified period.NCL reserves the
right to verify any of the documents uploaded by the bidder at any stage.
iii. If the techno-commercial acceptability of L1 bidder is established upon verification of uploaded

documents and shortfall documents/ Confirmatory Documents if any, the case shall be
considered for further evaluation.
If the L1 bidder happens to be defaulter upon verification, the documents of the next lowest
bidder shall be downloaded for evaluation and shortfall documents/ Confirmatory Documents
obtained if required. This process shall continue sequentially till techno-commercially
acceptable L1 is established.
iv. The following penalties shall be imposed on the defaulting bidders:
Sl. Situation Penal Provisions

1. L1 bidder is a defaulter for part of 50% of EMD amount or Rs. 1.00 Lakh or whichever, is
items for which he is L1 lower, is forfeited. In case the defaulter is an EMD
exempted bidder, he will be asked to deposit the
equivalent amount within 7 days of notice otherwise he
will be disqualified in the subsequent tender for the item
he participates.
2. L1 bidder is a defaulter for all the 100% of EMD amount or Rs. 1.00 Lakh or whichever, is
items for which he is L1 lower, is forfeited. In case the defaulter is an EMD
exempted bidder, he will be asked to deposit the
equivalent amount within 7 days of notice otherwise he
will be disqualified in the subsequent tender for the item
he participates.
3. L1 bidder happens to be a 100% of EMD amount of 2nd tender, is forfeited. In case
defaulter in 2 tenders issued by the defaulter is an EMD exempted bidder, he will be
the same procurement entity asked to deposit the equivalent amount within 7 days of
within a span of 01 year notice otherwise he will be disqualified in any of the
tenders he participates for a period of 1 year.
Note:
1. The penal provisions will be squarely applicable to all those defaulter firms whose documents
are examined on account of treating them as L1 successively.
2. The submission of forged document, if any, by the bidder(s), shall be dealt as per extant
guideline of the Purchase Manual.
v. All the details of Techno Commercial bid and Price bid will be kept preserved in the archives
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for auditing purposes and the same can be accessed with special authorization. The IP
address of all the bidders who has participated in the bid along with timing and date will also
be kept preserved in the system.
6. Placement of Order: After the procurement is finalised, scanned copy of the Purchase order
will be uploaded on the e-procurement portal and the original copy will be sent to the bidder/s
through registered/speed post. Any amendments to the Purchase Order shall also be uploaded in
the Portal.
On receipt of supply order, the successful tenderer shall submit his acceptance of supply order
within 15 days from the date of order.
7. Language of Bid
All correspondence and documents relating to the bid exchanged by the Bidder and the
Purchaser, shall be written in English language. Supporting documents and printed literature
furnished by the Bidder may be written in another language provided they are accompanied by a
certified true translation of the relevant passages in English language in which case, for purposes
of interpretation of the bid, the translation shall govern. All such translated documents should bear
the signature and stamp of the authorised signatory of the bidder signing the document, as a token
of authentication of the same.
8. Submission of Forged/Tampered Documents: Based on undertaking furnished by the bidder

in its Letter of Bid, certifying the authenticity and statement made in the bid as well as
documentary support of such statement submitted with online bid against the tender, NCL, while
carrying out evaluation of the offer, shall consider the scanned copies of the documents without
any verification with the original. However, NCL reserves the right to verify such documents with
the original, if necessary at a later stage for which the bidder shall have to submit the original
documents to NCL on demand. If at any point of time during procurement process or
subsequently, any information or document submitted by the bidder, is found to be false/incorrect
/forged/tampered in any way, the total responsibility shall lie with the bidder and NCL reserves the
full right to take penal action as may be deemed fit including rejection of the offer and / or banning
the bidder in NCL for future tenders. The penal action may include termination of contract /
forfeiture of all dues including EMD/ Security Deposit / banning of the firm along with all partners of
the firm as per provisions of law. Further, suitable action may be taken for claiming damages from
the bidder.
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TERMS & CONDITIONS:
PART-A
1. (A) ELIGIBILITY CRITERIA:
Only Proven Manufacturers are entitled to quote against this E-Tender. In case Proven
Manufacturers doesnt supply material directly to CIL or its subsidiaries as a matter of policy, they
may nominate distributor / dealer / agent for a particular subsidiary (in the instant case for
Northern Coalfields Limited) and on such authorization, procurement shall be made from such
authorized distributor / dealer / agent. Manufacturers will have to submit a copy of their Manufacturing
License/Certificate/ complete photocopy of registration with NSIC/DGS&D/SSI/DIC/ Registrar of
Companies etc. With the list of items attached along with the offer. Sole Selling Agent/ Authorized
Dealers/Distributors will submit specific authorization from the manufacturer to quote against the tender
(giving tender No. In authorization letter) along with copy of principals manufacturing license/Certificate/
complete photocopy of registration with NSIC/ DGS&D/ SSI/DIC/ Registrar of Companies etc. With the list
of items attached
Against this tender, either the Distributor / Dealer / Agent on behalf of the Principal Proven
Manufacturer or the Principal i.e, Proven Manufacturer itself can bid, but both cannot bid
simultaneously for the same item / product in the same tender.
If a Distributor / Dealer / Agent submits bid on behalf of the Principal, the same Distributor /
Dealer / Agent shall not submit a bid on behalf of another Principal i.e. Proven Manufacturer in
the same tender for the same item / product
SCANNED COPY OF THE DOCUMENTS IN RESPECT OF ELIGIBILITY CRITERIA INCLUDING
AUTHORISATION IF ANY, TO BE UPLOADED AS SINGLE .pdf FILE NAMED Eligibility.pdf in
ELIGIBILITY DOCUMENTS in COVER-I.
Failure to submit the above Documents may render a Tenderer UNACCEPTABLE without
any further correspondence.
B. PROVENESS CRITERIA:
PROVEN CRITERIA: FOLLOWING PARAMETERS WILL BE CONSIDERED FOR
DECLARING A FIRM (Manufacturers or their sole selling Agent) AS A "PROVEN
SOURCE"
The tenderer shall be considered as PROVEN if they satisfy any one of the
following conditions:-
(i) The tenderer shall be considered proven provided the offered product or product
of TENDERED SPECIFICATION or product of HIGHER SPECIFICATIONS
supplied by them are successfully in regular use in NCL and
considered/declared proven by Head of the concerned Technical Department on
the basis of its satisfactory performance for a period of not less than ONE
YEAR from the date of its fitment/use.
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OR
(ii) The tenderer shall be considered proven provided the offered product or
product of TENDERED SPECIFICATION or product of HIGHER
SPECIFICATIONS must have been supplied in the past to the Mining Industry
and/or to the other Industries (Government/Public Sector Undertaking
Indigenous only) and performed satisfactorily for a period of not less than
ONE YEAR from the date of its fitment/use.
OR
(iii) Tenderer currently holding Valid Rate Contract(s) for supply of tendered
item(s) with DGS&D/Coal India Limited/ Any Subsidiary of Coal India
Limited.
For all the above purposes, tenderer shall have to furnish relevant documentary
proof like list of supplies made along with relevant legible and complete self-
attested and Notarized:-
a. Supply Order copies for at least 30% of the tendered quantity within a span of
not more than 7 years from the due date of instant tender opening received by
them from Mining Industry and/or to the other industries (Government/ Public
Sector Under Taking-Indigenous only) for the offered product or product of
tendered specification or product of higher specification and performance
report(s) thereof, if any.
OR
b. Rate Contract(s) copies (valid as on the due date of instant tender opening)
received by them from Mining Industry and/or to the other industries
(Government/ Public Sector Under Taking-Indigenous only) for supply of the
tendered item(s) & performance report(s) thereof, if any.
In addition to the above, the tenderer should also submit Self-Certificate in the
following prescribed format as given below:-
The items covered in the Purchase Order(s)/Rate Contract(s)/ copies enclosed

with our offer have been fully executed and have performed satisfactorily as per
the provisions of respective Purchase Order(s)/ Rate Contract(s) and all
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complaints/ claims(s) lodged by the purchaser, if any, have been attended to and
no complaints / claims(s) are pending.
In case, any specific Purchase Order(s) has/have not been fully executed and
any complaints/ claims are pending, then details of such cases to be
categorically submitted with the reasons thereof.
The authenticity of the self-certificate as well as other documents

submitted/uploaded by the bidder will solely be their responsibility and
appropriate action can be taken by NCL if it is found to be misleading / false
later on.
iii) For items which require DGMS approval, and items having DGMS approval, may be
considered proven source of supply. For other safety items which do not require DGMS
approval, proven category to be granted only after successful Trial in NCL or condition laid
down at clause (ii)
NB: In any other case, which does not fall in any of the above categories, and where the Tender
Committee feels that any source be declared as proven it may do so with the approval of
Director In-charge of Materials Management Department. But in such case, reasons for
doing so, may be justified with proper recording before obtaining approval.
Note : All Documents related with provenness criteria are also to be submitted in a single PDF
file in PROVENNESS DOCUMENTS in Cover I on e-Procurement portal.
2. CONSIGNEE:
The Depot Officer, Regional Stores, Khadia Project, Northern Coalfields Limited,
P.O. - Shaktinagar, Dist-Sonebhadra, (U.P)
3. DELIVERY:
Within 02 (Two ) month from the date of receipt of Supply Order
.
4. GUARANTEE/WARRANTY
The tenderer shall give a guarantee / warranty for satisfactory performance of the supplied
materials for a period of 18 months from the date of supply or 12 months from the date of fitment ,
whichever is earlier .The supplier shall be responsible for any defect that may, under the condition
provided for by the contract and under proper use, arise due to faulty materials, design or
workmanship (excluding normal wear & tear) and shall remedy such defect at his own cost. If it
becomes so necessary for the supplier to replace or to renew any defective part, such
replacement or renewal shall be made by the supplier 100% free of cost without any extra cost to
Northern Coalfields Limited. The new goods should be supplied on FOR destination basis free of
cost.
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Warranty replacement should be completed within a reasonable period maximum within one
month from the date of claim for Indigenous goods and within three months from the date of claim
for Imported goods free of cost up to ultimate Consignees end. All cases of warranty
replacements to be decided on the basis of joint inspection of the failed goods held between the
user's representative and the supplier's representative.
5. PERFORMANCE BANK GUARANTEE: Not applicable.
6. FITMENT CERTIFICATE:
Tenderers are required to certify that their products are exact replacement of /fully interchangeable
to the original parts and will fit and function on the equipment for which these are intended for
without any modification and conform to performance guarantee as per OEM standards.
7. TECHNICAL SUPPORT & SERVICE:

In addition to normal after sales service, the supplier will render technical support and services to
ensure fitment, proper usage, maintenance and satisfactory performance of the supplied spares.
Further, the supplier needs to ensure quarterly visit of their service personnel for smooth
functioning of the supplied items.
8. INSPECTION:
Materials under supply shall be of the best quality and workmanship and shall be in accordance
with the specification laid down in the supply order.
Final inspection will be carried out at the consignees end.
9. PAYMENT TERMS: 100% payment shall be released against submission of bills in triplicate
along with receipted challans within 21 days of receipt and acceptance of materials at site by the
consignee or submission of bills complete in all respects whichever is later.
The payment shall be made by Electronic Fund Transfer (EFT) or e-payment. You are therefore
requested to indicate EFT No. & other relevant details in your offer like their bank A/c no, name of
bank, address of bank, branch code etc for e - Payment.
The tenderer must give their Bankers name, address, Type of Account and Account No.
All payments (in Indian Rupees) will be made by concerned Paying Authority of NCL only.
NO OTHER PAYMENT TERMS SHALL BE ACCEPTED.

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TERMS & CONDITIONS:
PART-B
1. EARNEST MONEY DEPOSIT / SECURITY DEPOSIT:
A. EARNEST MONEY DEPOSIT (EMD):The value of Earnest Money to be deposited by the

tenderer is specified in the NIT. Specified amount of EMD shall be submitted online through
payment gateway provided at NIC Portal during online submission of bid.
In case of exemption of EMD, the scanned copy of documents in support of exemption will have to
be uploaded by the bidder during bid submission.
The EMD of unsuccessful bidder will be refunded through e-payment immediately after the bidder is
declared unsuccessful. EMD shall be forfeited, if any tenderer withdraws their offer before finalization of
the Tender or fails to submit order acceptance within 15 (fifteen) days from the date of order. For successful
bidder, EMD shall be refunded after deposition of Security Deposit.
B. The bidders should submit MANDATE FORM for e-payment, if not submitted earlier, as per the
format given at Annexure-L for refund of EMD to bidders through electronic fund transfer
.
C. EXEMPTION FROM SUBMISSION OF EMD

1. State/Central Govt. Organizations / PSU & valid DGS&D/NSIC registered firms (registered for the
tendered items) are exempted from submission of EMD. For this purpose, DGS&D/NSIC registered
firms will have to upload the scanned photocopies of complete valid registration certificate with
DGS&D / NSIC for tendered items duly attested by Notary Public) .(valid on the date of opening of
Cover-I). The list of items to be attached.
2. Ancillary units of Northern Coalfields Limited are exempted from submission of EMD only for the
items for which they have been accorded proven/provisional ancillary status by NCL.
Note : In case of discrepancy between the online submitted information regarding the instruments for
EMD and the original instrument being submitted by the bidders, the latter shall prevail if the
instrument is valid on the date of submission of the tender by the bidder and if it does not change the
eligibility status of the bidder.
D. SECURITY DEPOSIT:
1. The successful tenderer shall have to deposit Security Money for 10% (ten percent) of the value of
the awarded contract/order (Landed value) in the form of Bank Draft drawn in favour of Northern
Coalfields Ltd. payable at ALLAHABAD BANK SHAKTINAGAR (U.P) (CODE : 211088), or at any
BANK located at SHAKTINAGAR, DIST SONEBHADRA (UP). or in the form of Bank Guarantee of
any Scheduled Bank / Nationalised Bank in the prescribed format of NCL (Annexure J).
2. Two weeks time (15 days) shall be given from the date of the order to the successful tenderer
to furnish the Security Deposit. In case the firm fails to deposit the security money, the order shall
be cancelled and the case shall be processed to order elsewhere and the firms performance is to be
kept recorded for future dealings with them.
13
3. For successful Tenderer, Security Money shall be refunded within 30 (Thirty days) of satisfactory
execution of the Supply order/contract.
D. EXEMPTION FROM SUBMISSION OF SECURITY DEPOSIT

1) State/Central Govt. Organizations / PSU & valid DGS&D registered firms (registered for the
tendered items) are exempted from submission of Security Deposit. For this purpose, DGS&D
registered firms will have to upload the scanned copy of the documents, attested (Attested by
Notary Public) photocopies of complete valid registration certificate with DGS&D for tendered
items (valid on the date of online opening techno commercial bid). The list of items to be attached.
2 Ancillary units of Northern Coalfields Limited are exempted from submission of EMD/Security
Deposit only for the items for which they have been accorded proven/provisional ancillary status by
NCL.
Note:, NSIC Registered firms shall not be exempted from submission of Security Deposit.
2. Bid Validity: Offer of the firm must remain valid for a period of 180 (One hundred Eighty) days
or Six Months from the date of opening of the PART-I (Techno-commercial Bid). Once the order is
placed on the tenderer within the validity period/extended validity period of the offer, the price(s)
quoted in their offer shall remain FIRM throughout the entire period of operation of the contract.
3. PRICES
Prices quoted must be FIRM till delivery and on F.O.R. Destination basis, with the break up as per
BOQ / Price Bid. Delivery is to be effected on door delivery basis. Safe arrival of stores at
destination shall be the responsibility of the supplier. The prices must be quoted in the following
manner:-
Prices quoted should be given in figures only (To be indicated in BOQ/Price Bid only).
I) FOR BIDDERS IN INDIA :The rate should be quoted by the bidders from India in Indian Rupee
on FOR Destination basis which may be any Regional / Central Stores of NCL. The offer
should indicate rate per unit, discount if any, etc. in the Price Bid format Bid_INR.
The bidder should indicate all the relevant cost elements applicable in their case in Bid_INR at
the specified space.
For taxes / duties (% age) and amount both should be clearly indicated as applicable on the
date of offer. The prices quoted should be net of MODVAT.
Safe arrival of materials up to destination shall be the responsibility of the supplier.
II)
III) FOR OVERSEAS BIDDERS:

.
4. EVALUATION OF TENDERS:
Evaluation of Tenders shall be done on total cost basis i.e. Total Landed Cost (inclusive of taxes
and duties, after availing Input Tax Rebate/Cenvat Credit, if any).
14
Total Landed Cost shall be calculated as detailed below:
(A) For Indian Manufacturers/Sole Selling Indian Agent:

a) Net Ex-works (Basic Price) For Indian Manufacturers or Net Indian Port/Warehouse Price (For
Sole Selling Indian Agent).
b) Packing & Forwarding charges.
c) Excise Duty as applicable (as per prevailing Excise Rules) on the date of offer on Net Ex-works
Price only (price element Sl. No. (a) or on Net Ex-works price + Packing & Forwarding charges
i.e. price element Sl. Nos. [a) + b)] as confirmed by the bidder.
d) Concessional / Full rate of Sales Tax/VAT (as applicable on the date of offer).
In case setoff is allowed by the Sales Tax Authorities against VAT to N.C.L., the value of VAT
will be deducted/ reduced to the extent of setoff allowed to NCL (depending upon the
nature/category of item) for arriving at the landed price. The amount equivalent to the value of
CENVAT Credit available to NCL will be deducted/ reduced for arriving at the landed price.
e) Freight charges as indicated by the bidder.
f) Insurance charges as indicated by the bidder.
g) Any other taxes / duties as legally leviable and spelt out clearly by the bidder.
h) Local Entry Tax: as applicable on the date of offer.
i) Total Landed Cost (total of price elements a to h above).
Bidders are required to provide documentary evidence for claiming concessional rate of
Taxes & Duties, if any. If the bidder fails to provide documentary evidence for claiming
concessional taxes/duties, for evaluation purpose, the maximum applicable rate of taxes &
duties will be taken into account by the Purchaser.
Over the Net Ex-works price, the Purchaser shall bear Excise Duty, Sales Tax/VAT and any
other taxes/duties as legally leviable.
(B) For Overseas Manufacturer ( for FOB Offer):
5. CENVAT CREDIT: NCL IS ENTITLED TO AVAIL CENVAT CREDIT ON ACCOUNT OF VAT &
EXCISE DUTY FOR INDIGENOUS PRODUCTS, COUNTERVAILING DUTY & SPECIAL
ADDITITIONAL DUTY FOR IMPORTED PRODUCTS. HENCE, SET OFF ALLOWED
AGAINST VAT, EXCISE DUTY / COUNTERVAILING DUTY / SPECIAL ADDITIONAL DUTY
AND SERVICE TAX AS PER RELEVANT TAX ACT SHALL BE CONSIDERED FOR
DETERMINING TENDER STATUS FOR WHICH BIDDERS SHALL AGREE TO SUBMIT
FOLLOWING DOCUMENTS, AT THE TIME OF SUPPLY, ALONG WITH THEIR BILLS FOR
ENABLING NCL TO CLAIM CENVAT BENEFIT.
i) Invoice issued by the supplier should contain following elements as per rule in Rule-11 of
Central Excise Rule.
Sl. No. of invoice (should not be hand-written)

Registration number
Address of concerned Central Excise Division
Name & address of consignee
Description of goods
Classification of goods
Time & date of removal
Mode of Transport and Vehicle registration No.
Rate of duty
Quantity and value of goods
15
Duty payable thereon

Name & address of assessee.
Education Cess & Higher Education Cess to be shown separately for complying with
requirement CCR (Cenvat Credit Rule)
ii) For availing CENVAT credit on input services following information must contain in the
invoice/bill.
Sl. No. of Invoice / Bill (should not be hand-written)

Name, address & registration no. of person providing taxable service
Name & address of person receiving taxable service
Description / classification and value of taxable services provided or to be provided.
Service Tax payable thereon
Date of invoice / bill
Education Cess & Higher Education Cess to be shown separately for complying with
requirement of CCR (Cenvat Credit Rule)
iii) Vendors / service providers should show excise / service tax element separately in their offer
and invoice should be raised as per CENVAT credit rules as stated earlier.
iv) CENVAT CREDIT is also available on countervailing duty, on special additional duty of
customs etc. for which bidders are required to confirm in their offer that they will submit a copy
of the Bill of Entry along with their bills in case of import cases.
v) All bidders including 1St stage and 2nd stage dealers shall be required to submit cenvatable
invoice for excisable goods unless Principal Manufactureris exempted from doing so as per
relevant provision of excise notification. Firms claiming exemption from submission of
CENVATABLE invoice shall submit documentary evidence to this effect. Failing in compliance to
this, the offers are liable for rejection.
vi) Bidders are also required to confirm that minimum cenvat amount per unit has been indicated
in their Price Bid.
vii) Excise Registration Number of NCL is AABCN4884HEM011. In case Supply Contract is

concluded on you, your bills (cenvatable) should bear this number to enable NCL to claim
CENVAT CREDIT.
6. TAXES & DUTIES:

Percentage / Specified amount of Taxes and duties should be clearly mentioned otherwise, NCL
reserves the right to reject such offers. Taxes and duties applicable on the date of Price-bid
opening will be considered for calculating landed price for comparison /status purpose against this
tender.
a) EXCISE DUTY: Excise duty if applicable will be payable extra as per prevailing Excise Rules.
Refund, credit, if any, obtained of Excise Duty shall be passed on to NCL which shall be
certified by the Auditor of the supplier at the time of supply.
b) VAT/SALES TAX: The legally applicable rate of VAT/ Central or State SALES TAX should be
clearly mentioned in the commercial bid and the rate in the price bid.
c) Entry Tax if applicable - Wherever applicable will be paid and deposited by NCL. However, it
will be loaded in Landed price for comparison purpose.
16
7.Sales Tax Clearance Certificate(s):

[Only for the firms which are registered under Madhya Pradesh VAT Act and only for sales or
supply of any goods exceeding Rupees Three lakhs in value.]
The tenderer should submit self-attested photocopy of their latest valid Sales Tax Clearance
Certificate, duly attested by Notary Public, along with the offer.
8. LIQUIDATED DAMAGES:
In the event of failure to deliver or dispatch the stores within the stipulated date/period in
accordance with the samples and / or specifications mentioned in the supply order and in the
event of breach of any of the terms and conditions mentioned in the supply order, NCL should
have the right:-
a) To recover from the successful tenderer as agreed liquidated damages, a sum of 0.5 % (half
percent) of the price of any stores which the successful tenderer has not been able to supply as
aforesaid for each week or part of a week during which the delivery of such stores may be in
arrears limited to 10% (Ten percent). Wherever felt necessary, the limit of 10% can be increased
to 15% at the discretion of Head of the Materials management Division of NCL.
b) or to purchase elsewhere, after due notice to the successful tenderer on the account and at the
risk of the defaulting supplier the stores not supplied or others of similar description without
canceling the supply order in respect of the consignment not yet due for supply or,
c) To cancel the supply order or a portion thereof and if so desired to purchase the stores at the
risk and cost of the defaulting supplier and also,
d) To extend the period of delivery with or without penalty as may be considered fit and proper,
the penalty, if imposed shall not be more than the agreed liquidated damages referred to in clause
(a) above.
e) To forfeit the security deposit fully or partly.
f) Whenever, under this contract, a sum of money is recoverable from and payable by the
supplier, NCL shall be entitled to recover such sum by appropriating in part or in whole by
deducting any sum or which at any time thereafter may become due to the successful tenderer in
this or any contract should this sum be not sufficient to cover the full amount recoverable, the
successful tenderer shall pay NCL on demand the remaining balance. The supplier shall not be
entitled to any gain on any such purchase.
9. RISK PURCHASE:
In the event of failure of the supplier to deliver or dispatch the stores within the stipulated date /
period of the supply order, or in the event of breach of any of the terms and conditions mentioned
in the supply order, Coal India Ltd., or its subsidiary Companies have the right to purchase the
stores from elsewhere after due notice to the defaulting supplier at the risk and cost of the
defaulting supplier. It is clearly mentioned that in the event of failure of the supplier as detailed
above, the cost as per risk purchase exercise may be recovered from the bills against any other
supplies pending in the same Subsidiary Co. and also in any other Subsidiary Companies / Coal
India Limited.
10. FORCE MAJEURE:

If the execution of the contract/supply order is delayed beyond the period stipulated in the
contract/supply order as a result of outbreak of hostilities, declaration of an embargo or blockage
or fire, flood, acts of nature or any other contingency beyond the suppliers control due to act of
God, then the NCL may allow such additional time by extending the delivery period as he
considers to be justified by the circumstances of the case and its decision in this regard shall be
final. If and when additional time is granted by the purchaser, the contract/supply order shall be
read and understood as if it had contained from its inception the delivery date as extended. Power
failure will not be considered as a force majeure conditions.
17
(a) The successful bidder will advise, in the event of his having to 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 causes of the delay, within 15 days of the occurrence and cession of
such force majeure conditions. In the event of delay last out of force majeure, NCL will reserve
the right to cancel the contract, and provisions governing termination of contract as stated in the
bid documents will apply.
(b) For delay arising out of Force majeure, the bidder will not claim any extension in completion
date for a period exceeding the period of delay attributable to the causes of force majeure and
neither NCL nor the bidder shall be liable to pay extra cost provided it is mutually established that
the force majeure conditions did actually exist.
11. PRICE FALL CLAUSE:

The Bidder undertakes that it has not supplied / is not supplying similar product/systems or
subsystems at a price lower than that offered in the present Bid in respect of any other Ministry /
Department of the Government of India or PSU and if it is found at any stage that similar product /
Systems or Subsystems was supplied by the Bidder to any other Ministry / Department of the
Government of India or a PSU at a lower price, then that very price, with due allowance for
elapsed time, will be applicable to the present case and the difference in the cost would be
refunded by the Bidder to the Buyer, if the contract has already been concluded.
12. BANNED OR DELISTED SUPPLIERS:-

The bidder(s) would give a declaration that they have not been suspended, banned or de-listed by
any Government or Quasi-Government agencies or PSUs. If a bidder has been suspended
banned by Government or Quasi-Government agencies, PSUs, this fact must be clearly stated
and it may not necessarily be a cause for disqualification. If this declaration is not given, the bid
will be rejected as non-responsive. Annexure G.
13. MSM Enterprise:

As per provision of Micro, Small and Medium Enterprises Development Act, 2006, the vendors
should confirm their Registration Number along with the name of their Registering Authority. They
should also attach a duly self-certified notarized copy (certified by the Chief Executive of the
Enterprise) of the valid registration certificate with each invoice against each dispatch of all
purchase orders.
20% of the tendered quantity shall be reserved for procurement from participating Micro & Small
Industries subject to their quoting price within the band of L-1 +15% and bringing down their price
to L-1 price in a situation L-1 price is from someone other than a Micro and Small Enterprises. In
case of more than one such Micro and Small Enterprise, the supply shall be shared
proportionately (tendered quantity).
Out of 20% of this quantity, 4% shall be procured from Micro and Small Enterprises owned by
SC/ST entrepreneurs provided they meet the tender requirement and L-1 price. In event of failure
of such Micro and Small Enterprises to participate in tender process or meet tender requirement
and L-1 price this 4% requirement earmarked for Micro and Small Enterprises owned by SC/ST
shall be met from other Micro and Small Enterprises.
The firm has to submit a notarized copy of Entrepreneurs memorandum certificate i.e. EM-Part-2
issued by District Industries Centre to claim their status as MICRO & SMALL Entrepreneurs.
SC & ST Entrepreneurs has to submit necessary cast certificate issued by State Authorities.
14. LOWEST PRICE CERTIFICATE:

18
That, the price quoted by you against this tender is the lowest and is the same as applicable to
other Government Departments/ Undertakings/ Other Organizations.
They should also certify that the quoted rates are not higher than rates quoted / prices charged by
them for same items to other Customers. (Annexure-D)
15. QUALITY CERTIFICATE:

The tenderer will certify that, there has not been any complaint against the quality of their products
supplied to Government Departments or Public Sector Undertakings/Other organizations.
Annexure E.
16. GUIDELINES FOR ANCILLARY UNITS OF NCL:

a. The Ancillary units should indicate their assessed capacity along with the total pending order
available with them on the date of tender opening. The difference between the two will be
taken as their available balance capacity for the tender and distribution of order quantity will be
decided based on the same.
b. Grant of Ancillary status will not automatically declare the firm as a proven bidder. The
ancillary unit has to fulfill the eligibility and provenness criteria specified in the tender.
c. If the L1 tenderer is an ancillary unit and there is only one ancillary unit participating in the
tender, the entire order shall be booked on them, subject to their capacity. If they are not
having sufficient capacity, the balance quantity shall be ordered on L2 bidder subject to their
matching L1 price.
d. If more than one ancillary unit has participated in the tender and one of them quotes the L1
price, 60% of the tender quantity or up to their capacity (whichever is lower) will be ordered on
L1 party.
Balance quantity will be offered to L2 amongst the ancillary bidder at L1 price. If the capacity of
the L2 party amongst the ancillary bidder falls short of the balance quantity, then leftover
quantity will be offered to L3 and so on amongst the ancillaries at L1 rate.
Only if the total capacity of all the ancillary units taken together falls short of the requirement
will be non-ancillary bidders be considered for placement of order. In such case, the balance
quantity shall be ordered on the lowest non-ancillary bidder subject to their matching L1 price.
e) If a non-ancillary unit quotes the L1 price and there is one or more ancillary units participating
in the tender, 60% of the tender quantity shall be booked on the L1 bidder, balance 40% or up
to their capacity (whichever is lower) shall be ordered on ancillary bidder who has quoted the
lowest price among the ancillaries subject to their matching L1 rates. Leftover quantity, if any,
shall be distributed as per serial no. (d) above
16. IDENTIFICATION MARK:-

(a) The manufacturers distinctive identification mark / symbol as also Serial No. size, type,
product designation etc. if any, must be clearly embossed / engraved / punched on each and
every item, as far as practicable and wherever possible, at a visible place which is not subjected to
normal wear and tear. Apart from this a tag may be attached to each part / item giving
identification mark, part no., description, year and month of manufacture etc.
(b) The Spares supplied to NCL should bear NCL identification mark. The word NCL must be
embossed/ engraved/ punched. For specific item where this is not possible, the marking may be
done by metal marker or painting also.
17. DEVIATION:
Normally no deviation is acceptable to our Tender Documents. Terms and conditions which are in
deviation are liable for rejection. No document presented by the bidder after due date and time of
submission of the bid, shall be taken in to consideration unless specifically asked by NCL. If a
bidder offers a rebate unilaterally after due date and time of submission of bid , it will not be
19
considered for evaluation purpose but the rebate offered shall be availed while awarding the
contract , if the bidder emerges as lowest evaluated bidder. (Annexure-F)
18. WITHDRAWAL, SUBMISSION AND MODIFICATION OF TENDER:

NCL expects Tenderers to read and understand all the provisions of the Tender documents
carefully prior to submission of their Tender and accordingly tender once submitted shall be
judged on the basis of their contents and as per provisions of the tender documents and shall not
be allowed to be withdrawn, modified or amended within the validity period of the tender.
19. PACKING:
Packing of all the materials shall conform to the requirements of the carriers
20. Supply order if placed will also be governed by the General Terms and Conditions of supply
of stores enclosed herewith at Annex.-GTC, unless stated otherwise in this bid document or
in the supply order.
21. ALL PROVISIONS OF COAL INDIA PURCHASE MANUAL - 2004 SHALL BE APPLICABLE
TO THIS TENDER.
22. ALL DISPUTES ARE SUBJECT TO THE JURISDICTION OF DUDHI COURT ONLY
23.ARBITRATION: (Applicable to PSUs & Govt. Dept. Only).

In the event of any dispute or difference relating to the interpretation and application of the
provisions of the contracts, such dispute or difference shall be referred by either party for
Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by
Secretary to the Govt. of India in-charge of the Deptt. of Public Enterprises. The Arbitration and
Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the
Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved
by such award may take further reference for setting aside or revision of the award to the Law
Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon such
reference, the dispute shall be decided by the Law Secretary or the Special Secretary/Additional
Secretary, when so authorized by the Law Secretary, whose decision shall bind the parties finally
and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated
by the Arbitrator.
The above clause will be applicable only in case of orders/contracts to be placed on Public Sector
Enterprises/Govt. Deptts.
24. INTEGRITY PACT : Not Applicable

25. SOCIAL ACCOUNTABILITY CLAUSE- As per Annexure-H.
26. Special Conditions:

i) To follow the guidelines issued or to be issued by Govt. of India from time to time for
giving purchase preference for production and services to PSUs and / or
ii) Not withstanding anything said above Northern Coalfields reserve the right to follow any
guideline or instructions received from the government or any statutory body from time
to time.
iii) NCL reserves the right to increase the quantities against any or all the items of the
tender by not more than 20% (Twenty Percent) before opening of Price Bid.
27.Other Commercial Information Sheet: Other Commercial Information Sheet in Excel File
(named as COMMERCIAL.xls) is to be downloaded from bidding portal and uploaded after fulfilling
20
the required details. This Excel File shall contain a single sheet and bidders must fill the relevant
information in the said sheet before uploading the same (to be submitted in Cover-I)
Note: The applicable certificates which are to be submitted / uploaded after signature are
enclosed as Annexures in the NIT. These documents need to be downloaded from Annexures as
enclosed in NIT.
While submitted the Bid on e-Procurement portal, relevant point of GTE template is to be filled up
in the form of YES/NO as confirmation of acceptance for commercial evaluation.
PLEASE GO THROUGH THE TENDER DOCUMENT CAREFULLY AND UPLOAD YOUR OFFER
ACCORDINGLY COMPLETE IN ALL RESPECTS WITH SUPPORTING DOCUMENTS
WHEREEVER ASKED FOR.
Yours faithfully,
For & On Behalf of Northern Coalfields Limited
(Prabodh Rai) (B K Sinha) SR. Manager

(MM) Chief Manager (MM)
Encl.
1. Annexure B: Technical Specifications of the tendered items intended to be procured are
detailed in Annexure-B under the heading TECHNICAL SPECIFICATION.
(Technical Parameter Sheet along with Commercial Parameter Sheet (TPS-BoQ1.xls) in EXCEL
File is to be downloaded from bidding portal and uploaded after fulfilling the required details/
accepting the parameters.)
2. Certificates/ documents are to be downloaded and printed (Letter of BID to be printed on the
letter Head of the firm), signed with seal of Company and to be uploaded online as .pdf document
along with other documents as per requirement of NIT in the specified folders. Wherever specified
in the NIT scanned copy of original notarized document is to be uploaded. Bidders are suggested
to scan the documents in 100 DPI for maintaining clarity & easy upload. The space / File names
where respective files are to be uploaded is specified below:
To be submitted in LETTER OF
a Annexure -A Letter of Bid
BID in Cover I as a .pdf file.
To be submitted in
b Annexure-C Self-Certificate for Proven-ness CERTIFICATES attached in
single PDF file in Cover I
c Annexure-D Lowest Price Certificate
d Annexure-E Quality Certificate
e Annexure-F No-Deviation Certificate
f Annexure-G Non Banning-Delisting Certificate
g Annexure-H Social Accountability Certificate
h Annexure-I Fitment Certificate
Annexure-J Technical Support & Services
i
Certificate
21
Annexure-K Integrity Pact (Applicable for Tender

j
Value 2.0 Crores)
CPS contained Commercial Parameter Sheet To be downloaded, filled &
k in TPS as Sheet uploaded in TPS-BoQ1.xls file in
2 Cover I
Commercial Other Commercial Information To be downloaded, filled &
l uploaded in COMMERCIAL.xls
file in Cover I
Documents related with Eligibility Criteria Clause 1 (a) To be Submitted in Single pdf file
(Part-A of Terms & Conditions) in ELIGIBILITY DOCUMENTS in
Cover I
Documents if any, given in Technical Specification To be Submitted in Single pdf file
(Annexure-B) in TECHNICAL DOCUMENTS in
Cover I
All the documents related to Proven-ness Criteria given To be Submitted in Single pdf file
in Technical Specification (Annexure-B) in Table under in PROVENESS DOCUMENT in
the heading PROVE DOCUMENT Cover I
To be submitted in EMD AND
OTHER DOC attached in single
PDF file in Cover I
EXCISE DUTY EXEMPTION CERIFICATE (If
applicable)
EM Part II Certificate in support of MSME, if applicable
Any other document/certificate as per requirement of
NIT.
3. Format for Bank Guarantee for Security Deposit. Annexure L

4. Format for Performance Bank Guarantee. Annexure M
5. General Terms & Conditions: Annexure-GTC
PLEASE GO THROUGH THE TENDER DOCUMENT CAREFULLY AND UPLOAD YOUR OFFER
ACCORDINGLY COMPLETE IN ALL RESPECTS WITH SUPPORTING DOCUMENTS
WHEREEVER ASKED FOR.
Offer submitted with irrelevant, abnormal, unusual, inconsistent value(s), against any clause of
TPS may reflect the bidder as COMPLIED by the system but the same may be rejected if
necessary after due evaluation of the information provided.
22
ANNEXURE-A
Letter of Bid (LOB)
LETTER HEAD OF BIDDER
To,
Northern Coalfields Ltd.,
PO Khadia Project,
Dist. Sonebhadra, UP -231222.
Sub: Tender No. & Date:

Tender ID:
Dear Sirs,
1. Having examined the Bid Documents including Addenda/Corrigenda, if any, I / We, the
undersigned, offer to supply and deliver the material as per our offer submitted in conformity with
the said Bid Documents.
2. We confirm to accept all terms and conditions contained in the tender document unconditionally.
3. We confirm that until a formal contract is prepared and executed, this bid together with your
written acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
4. We understand that you are not bound to accept the lowest or any bid you may receive.
5. We confirm that the contents of the offer are given after fully understanding and all information
furnished by us are correct and true and complete in every respect.
6. We confirm that all information/ documents / credentials submitted alongwith the tender are
genuine, authentic, true and valid.
7. We confirm that if any information or document submitted is found to be false / incorrect, the said
offer shall be considered absolutely null & void and action as deemed fit may be taken against us
including termination of the contract, forfeiture of all dues including EMD / Security Deposit and
Banning of our firm and all partners of the firm as per provisions of law.
Yours faithfully,
23
(Signature of the Bidder)
Name:
Designation:
Date:
Note:
1. This letter should be on the letterhead of the Bidder and should be signed by the bidder .
2. In case the bidder who has signed the LOB is the DSC holder, no additional documents are required.
3. In case the bidder who has signed LOB is not the DSC holder, then the authorization on non - judicial
stamp paper duly notarized as per format mentioned on next page by the person signing the LOB i.e. the
bidder, in favour of person bidding online i.e. DSC holder, is required to be uploaded along with this Letter
of Bid.
Format for Authorisation to DSC holder bidding online on behalf of bidder.
NON JUDICIAL STAMP PAPER OF Rs 10/-
I/We do hereby authorise M/s/Mr/ Address

.. for online bidding on behalf of me/us for the e-tenders invited by
Northern Coalfields Limited, Singrauli on www.coalindiatenders.gov.in.
Signature/Seal of the DSC Signature & Seal of the

Holder Authorised for online bidder Authorising the
bidding on behalf of the DSC Holder for online
bidder. bidding.
Signature & Seal of the

NOTARY
24
25
ANNEXURE B
Spares of Pump Model12/14 DME:-
Quantity
Item
Description SPECIFICATION (Nos/
Sl. No.
SET.)
Impeller 1st Stage 1012 DME 101 MOC Phr
1.00 Bronze
4.00
Impeller 2nd Stage 1012 DME 102 MOC Phr

2.00 4.00
Bronze
Sleeve and Nut 1012 DME 103 MOC Phr

3.00 8.00 SET
Bronze
Neck Ring 1012 DME 104 MOC

4.00 8.00 SET
Bronze
Water Thrower 1012 DME 107 MOC

5.00 10.00
Rubber
Coupling Pin nut and 1012 DME 114

6.00 80.00
Washer
Coupling Rubber Bush 1012 DME 115 MOC

7.00 160.00
Rubber
8.00 Bearing End Cover 1012 DME 108 MOC C I 6.00
Bearing Housing ( DE and 1012 DME 113 MOC C I

9.00 6.00
NDE)
Note : Make of the offered items to be mentioned in the Technical Document Sheet
Documents to be uploaded by the bidder
1. TECHNICAL DOCUMENT
Following documents (authenticated and scanned) are to be uploaded in folder TECH
DOCUMENT as single .pdf file in Cover I. For ease in searching and identifying, a scanned
indexed content indicating documents as detailed below is to be submitted in same folder. In
case any document contains more than one information out of the below listed items, then
the same is to be mentioned very clearly.
1 Warranty / Guarantee Certificate as per NIT Clause.

.
26
2 Fitment Guarantee Certificate as per NIT Clause.

.
3 Technical Support & Service Certificate as per NIT
. Clause.
4 Acceptance of Delivery Clause as per NIT.
.
2. PROVEN NESS DOCUMENT

Note:
(a) Tendered items will be procured from the sources as per eligibility & provency criteria
given at Terms & Conditions Part A Clause 1(a) and (b) of NIT.
(b) Technical Parameter Sheet To be down loaded from e-Procurement portal and to be
submitted as part of Bid.
(c) The status of Overall Compliance or Non-Compliance of the eligibility under Technical
Specification, on the basis of information submitted by the bidder for individual items, shall be
shown in the Technical Parameter Sheet of TPS.XLS file down loaded from e-Procurement
portal.
(d) Offer submitted with irrelevant, abnormal, unusual, inconsistent value(s), against any
clause of TPS may reflect the bidder as COMPLIED by the system but the same may be
rejected if necessary after due evaluation of the information provided.
27
ANNEXURE C
Self Certificate for Proven-ness Source
The items covered in the Purchase Order(s) / Rate Contract(s) copies enclosed with our offer
have been fully executed and have performed satisfactorily as per the Provisions of respective
Purchase Order(s) / Rate Contract(s) and all complaints / claim(s) lodged by the purchaser, if
any, have been attended to and no complaints / claims(s) are pending
Date Signature of Tenderer
Seal of the Firm

28
ANNEXURE D
LOWEST PRICE CERTIFICATE
I/We do hereby certify that prices quoted by us against this tender is the lowest and is the same
as applicable to other Government Departments/ Undertakings/ Other Organisations.
We also certify that the quoted rates are not higher than rates quoted / prices charged by us for
same items to other Customers.
Date Signature of the Tenderer

Seal of the Firm
29
ANNEXURE E
QUALITY CERTIFICATE
I/We certify that there has not been any complaint against the quality of our products supplied to
Government Departments or Public Sector Undertakings/Other organizations.
Seal of the Firm

30
ANNEXURE F
No Deviation Certificate
We declare that there is no deviation from the NIT terms and conditions in the offer submitted
by us.
Seal of the Firm

31
ANNEXURE G
NON-BANNING OR DELISTING CERTIFICATE:
Our firm has not been suspended banned or de-listed by any Government or Quasi-Government
agencies or PSUs.
Seal of the Firm

32
33
ANNEXURE H
Measures / Parameters towards Social Accountability
We, M/s____________________________________(name of the firm) hereby certify that the

following parameters pertaining to aspects of Social Accountability are being observed by
our firm.
1 Child Labor & Young Workers.

A No Child Labor has been engaged
B No Young Worker has been engaged which was avoidable
C If engaged, there is no violation of NCLs Young Workers policy
D No work-activity of own operations is hazardous / unsafe to the health & development
of children & Young persons.
2 Forced Labor
A No unwilling person has been engaged through any force.
B No deposits or personal documents have been kept in lieu of employment
C No wage, benefit, or personal documents have been withheld to force an employee to
continue his/her employment
D Right of employees has not been restricted to leave workplace after duty hours, and
to leave employment with due notice.
3 Safe and healthy work environment.
A Workplaces under own control are safe and healthy as per applicable norms
B Required health & safety instructions are regularly given to employees
C Suitable systems are in place to detect, avoid or respond to potential threats to health
& safety in work places under own control.
D Written records of all occurred accidents in places under own control are maintained
E Contractually required PPE are provided to employees.
F Contractually required first-aid and follow up medical treatment provided to injured
employees.
G Female workers are not exposed to risk their childbearing capabilities?
H Clean toilets, potable water, and hygienic food storage facility are available for
employees
I Dormitory or equivalent facility, if provided, are clean, safe and meet basic needs of
occupants
J Right of employees is not restricted to leave work place without seeking permission
from any other if they see imminent serious danger
4 Freedom of union / association activities
A Right of employees to form union / association as per law is honoured, and no one is
discriminated or penalized for this
B Employees / workers are free to elect their representative as per law
C Right of elected workers representatives is not restricted for free access to their
members as per law, and they are not subjected to discrimination, harassment or
retaliation for this.
5 Social and personal equality of employees
a No one is discriminated for employment, remuneration, and service facilities based
on his/her ethnics/social origin, cast, birth, religion, disability, gender, sexual
orientation, family responsibilities, marital status, union/association membership,
political opinion, age, etc if otherwise fit and/or suitable.
B No employees is interfered to observe his/her tenets/practices, or obligations of
his/her ethnic/social origin, religion, disability, gender, sexual orientation, family
34
responsibilities, union/association membership, political opinion etc.

C Employees are not allowed of any behaviour (including gestures, language and
physical contact)that is threatening, abusive, exploitive, or sexually coercive at work
place and provided residential facility like dormitory etc.
d Employees are not subjected to pregnancy test or virginity test
6 Dignity of employees
A All employees are treated with due dignity and respect
B No employee is subjected to corporal punishment, mental or physical coercion, verbal
abuse, or harsh or inhuman treatment.
7 Reasonable working hours
A Declared working hours of employees (including weekly offs and holidays) are in
compliance with the applicable rules.
B All overtime work is either voluntary by the concerned employee, or through an
agreement with workers union / association / representative
8. Proper Remuneration
A All employees are paid their legal wages / pays as per payment protocol set by NCL
B Wage/pay of any employee is not deducted for disciplinary purpose, unless permitted
by law and agreed by employee unions/association
C All earnings and deductions of employees are clearly detailed under salary/wage
sheets, and payments are made to employees as per scheduled arrangement;
D All overtime work is paid at a premium rate as per the applicable law
E All applicable labor and social security obligations (e.g. PF) are fulfilled for all
employees
F Applicable obligations for labor and social security are not circumvented in any
manner
Seal of the Firm

35
ANNEXURE I
FITMENT CERTIFICATE
We certify that offered products (either with tendered Part Number or Superseded Part Number)
are Exact Replacement / fully interchangeable tothe original parts and will fit and function on the
equipment for which these are intended for on one to one basis against replacement of the
respective items without any modifications to the existing system of equipment.
Seal of the Firm

36
ANNEXURE J
TECHNICAL SUPPORT & SERVICES CERTIFICATE
We agree for rendering prompt technical support & services to ensure fitment, proper usage,
maintenance and satisfactory performance of supplied spares. We shall arrange quarterly visit of
their service personnel for smooth functioning of the supplied items.
Seal of the Firm

37
ANNEXURE - GTC
GENERAL TERMS AND CONDITIONS OF SUPPLY OF STORES
1. Definition:
In the interpretation of the Contract and the general and special conditions governing it
unless the context otherwise requires:
i. CONTRACT means the invitation of tender, instructions to tenderers, acceptance of tender,
particulars and the general and special conditions specified in the acceptance of tender and
includes a repeat order which has been accepted and acted upon by the supplier.
ii. The term SUPPLIER shall mean the person, firm or company with whom the contract is
placed and shall be deemed to include the supplier in successors (approved by the
Purchaser) representatives, heirs, executors, administrators and permitted assignee as the
case may be.
iii. CONTRACT PRICE shall mean the sum accepted or the sum calculated in accordance with
the price and / or terms accepted by or on behalf of the purchaser.
iv. The Chairman cum Managing Director means Chairman cum Managing Director of
Northern Coalfields Limited, Singrauli.
v. The term DRAWING shall mean the drawings, the plans specified in or annexed to the
schedule of specification.
vi. The term PURCHASE EXECUTIVE shall mean the purchaser or purchaser named in the
schedule to the tender, his or their successors or assignees.
vii. The term "INSPECTOR" shall mean any person nominated by or on behalf of the purchaser
to inspect supplies, Stores or works under the contract or his duly authorized agent.
viii. The term "PROGRESS OFFICER" shall mean any person nominated by or on behalf of the
purchaser to visit suppliers works to ascertain the position of deliveries of stores purchased.
ix. The term "MATERIALS" shall mean anything used in the manufacture or fabrication of the
stores.
x. The term "PARTICULARS" shall mean the following:

a. Specification
b. Drawing
c. Sealed pattern denoting a pattern sealed and signed by the inspector
d. Certified or sealed sample denoting a copy of the sealed pattern or sample sealed by the
purchaser for guidance of the Inspector.
e. Trade pattern denoting a standard of the ISI or other standardizing authority of Northern
Coalfields Limited and / or a general standard of the Industry and obtainable in the open
market.
f. Proprietary make denoting the product of an individual manufacturer
g. Any other details governing the construction, manufacturer and or supply as existing in
the contract.
38
xi. "STORES" means the goods specified in the supply order or schedule, which the contractor
has agreed to supply under contract.
xii. The term "TEST" shall mean such test or tests as are prescribed by the specification or
considered necessary by the Inspector or any agency acting under direction of the
Inspector.
xiii. The term "SITE" shall mean the place or places named in the "SUPPLY ORDER" or such
other place or places at which any work has to be carried out as may be approved by the
purchaser.
xiv. Works denoting the persons shall include any company or association or body of individuals
whether incorporated or not.
xv. "WRITING" shall include any manuscript, typewritten or printed statement under or over
signature or seal as the case may be.
xvi. "UNIT & QUALITY" means the unit and quantity specified in the schedule.
xvii. "SUPPLY ORDER" or "PURCHASE ORDER" means an order for supply of stores and
includes an order for performance.
2. The delivery of stores shall be deemed to take place on delivery of the stores in accordance
with the terms of the contract after approval of stores by the Inspector to:
i. The consignee at his premises or
ii. Where so provided the interim consignee at his premises or
iii. A carrier or other persons named in the contract an interim consignee for the purpose of
transmission to the consignee.
iv. The consignee at the destination station in case of contracts stipulated for delivery
stores at destination station.
3. Words in the singular include the plural and vice-versa.
4. Words denoting the masculine gender shall be taken to include the famine gender and work
persons, shall include any company or association or body of individuals, whether incorporated
or not.
5. Terms and expressions not herein defined shall have the meanings assigned to them in the
India Sale of Goods Act 1930 or the Indian Contract, 1872 or the General Clauses Act 1897
and as amended in respect of all the Acts as the case may be.
6 (a) Parties:-
The Parties to the contract are the supplier and the purchaser named in the schedule or any other
specifically mentioned in the contract.
(b) Address to which communications are to be sent- For all purposes of the contract, including
arbitration hereunder, the address of the supplier mentioned in the tender shall be the address to
which all communications addressed to the supplier shall be sent, unless the supplier has notified
a change by a change by a separate letter containing no other communication and sent by
registered post acknowledgment due to the head of the office placing the supply order. The
supplier shall be solely responsible for the consequence of an omission to notify a change of
address in the manner aforesaid.
Any communication or notice on behalf of the purchaser in relation to the contract may be issued
to the supplier by Purchase Executive and all such communications and notices may be served on
the supplier either by registered post or under certificate of posting or by ordinary post or by hand
delivery at the option of such executive.
39
7. (i). The price quoted shall be either FOR place or Railway station of dispatch, FOR destination.
Delivery free to the consignee, FOB or CIF as specified in the invitation to the tender. All offers
from countries other than Purchasers country shall quote on FOB and CIF basis.
(ii). In all cases the prices quoted must be net per unit shown in the enquiry and must include all
packing and delivery where applicable. Refunds on account of returnable packages (if any) are to
be separately specified. The price should show separately the Foreign Exchange element and the
Rupee element for stores to be imported. Sales Tax shall be shown separately and whether it is
State Sales Tax or Central Sales Tax. If no mention is made about Sales Tax, it will be assumed
to be included in the price quoted.
The prices should be included of Excise, or excise duty should be separately mentioned. In case
where price is quoted inclusive of excise duty, the rate of quantum of the same should be
separately indicated. In case of contracts providing for free delivery to the consignee, octroi
charges shall be included where leviable.
(iii). The price must be stated separately for each item on unit basis.
(iv). When quotations are made for units other than those specified in the enquiry, the
relationships should be stated.
(v). The prices quoted must be firm and the offers made must remain open for at least four months
from the date of submitting quotations unless otherwise specified.
(vi). Tender must invariably be submitted along with illustrated literature giving complete and
detailed specifications, particulars etc. of the main unit and of the standard accessories to be
supplied with the stores.
(vii). Tenderer must clearly specify their recommended spare parts that will be supplied along with
the main unit and item wise prices of the spares parts, also what are fast moving, medium moving,
slow moving and insurance spares and the period up to which they are likely to last.
(viii). Printed terms and conditions of the tendering firms shall not be considered as forming part of
their tender. In case the terms and conditions of contract applicable to this invitation to tender are
not acceptable to the tendering firms, they should clearly specify deviations there from in their
tender.
(ix). Typed quotations should be submitted. Those containing erasures and over-writings are liable
to be rejected. Any corrections made in the tenders must be initialed by the tenderers, failing
which their tenders will not be considered.
(x). Insurance arrangement will be made as per instructions being issued from time to time by the
Materials Management Division of Coal India Limited and / or its subsidiary companies.
8. (i) Samples of each item, if considered necessary, should be submitted simultaneously by the
contractor for inspection by Inspector / Inspectors unless the articles under tender are of
considerable bulk in which case separate arrangement will be made for inspection of the articles
offered while considering the quotation.
(ii). All samples required for inspection or test shall be supplied by the successful tenderer free of
cost.
(iii). All samples must be clearly labeled with the tenderers name, this offer enquiry number and
the last date of opening of tender.
9. a) Subletting and Assignment

The supplier shall not save with the previous consent in writing of the purchaser, sublet, transfer,
assign the contract or any part thereof or interest therein or benefit or advantage thereof in any
manner whatsoever. Provided nevertheless that any such consent shall not relieve the supplier
from any obligation, duty or responsibility under the contract.
b) Change in a Firm
(i) Where the supplier is a partnership firm, a new partner shall not be introduced in the firm except
with the previous consent in writing of the purchaser (which may be granted only as an exception)
40
of a written undertaking by the new partner to perform the contract and accept as liabilities
incurred by the firm under the contract prior to the date of such undertaking.
(ii) On the death or retirement of any partner of the supplier firm before complete performance of
the contract the purchaser may at his option cancel the contract in such case the supplier shall
have no claim whatsoever for compensation against the purchase.
(iii) If the contract is not determined as provided in the sub-clause (ii) above notwithstanding the
retirement of a partner from the firm, he shall continue to be liable under the contract for acts of
the firm until a copy of the public notice given by him under Section 32 of the Partnership Act has
been sent by him to the purchaser by registered post acknowledgment due.
10. (a) Consequence of Breach

Should the supplier or a partner in the supplier firm commit breach of either of the conditions
mentioned at Clause 20 (a) or (b) (i) of this sub-clause, it shall be lawful of the purchaser to
cancel the contract and purchase or authorize the purchaser of the stores at the risk and cost of
the supplier and in that event the provisions of clause 20 shall as far as applicable shall apply.
(a) The decision of Coal India Ltd. and/or its subsidiary companies as to any matter or thing
concerning or arising out of this sub-clause or any question whether the supplier or any partner of
the supplier firm has committed a breach of any of the conditions in this sub-clause contained shall
be final and binding on the supplier.
11. Use of raw materials secured with Government assistance

a. Where any raw material for the execution of the contract is procured with the assistance of CIL
and or its subsidiary companies by purchase or under arrangement made or permit, license, quota
certificate or release order issued by or on behalf of or under authority or by any officer
empowered in that behalf by law, or is issued from government stock and where advance
payments are made to the supplier to enable him to purchase such raw materials for the execution
of the contract, the supplier.
I. Shall hold such material as trustee of Coal India Limited and / or its subsidiary companies
II. Shall use such material economically and solely for the purpose of the contract
III. Shall not dispose of the same without the previous permission in writing of the purchaser; and
IV. Shall tender due account of such material and return to the purchaser at such place as the
purchaser may direct all surplus or unserviceable material that may be left after the completion
of the contract or its termination for any reason whatsoever. On returning such material, the
supplier shall be entitled to such price thereof as the purchaser may fix having regarding the
condition of such material.
b. Where the contract is terminated due to any default on the part of the supplier, the supplier shall
pay all transport charges incurred for returning any material up to such destination as may be
determined by CIL and / or its subsidiary companies whose decision shall be final.
c. If the supplier commits breach of any of the conditions in this clause specified, he shall, without
prejudice to any other liability, penal or otherwise, be liable to account to CIL and or its
subsidiary companies all money, advantages of profits accruing from or which in the usual
course would have accrued to him by reasons of such breach.
d. Where the stores manufactured or fabricated by the supplier out of the materials arranged or
procured by or on behalf of Coal India Limited and / or its subsidiary companies are rejected the
supplier shall, without prejudice to any other right or remedy of the Government, pay to the
Government on demand the cost price or market value of all such materials whichever is greater.
12. The tenderers in case of imported items, shall clearly mention in the quotation that in the event
of the supply order being placed with them, they shall arrange for supply within a reasonable
period of all necessary maintenance tools and spares parts that may be required from time to time
during the normal life of the machines, on a continuous basis and at a price not in excess of the
landed cost at their premises plus a stated percentage differential (such a differential should be
41
indicated) and proper servicing of the main unit supplied by them as and when required. In case
there is a Rate Contract with the DGS&D supply be made at the RC rates.
13. The tenderers shall give a warranty of satisfactory performance of the unit offered by them for
a period of 12 months from the date of commissioning or 18 months from the date of receipt and
acceptance by CIL and / or its subsidiary companies. The supplier shall be responsible for any
defects that they develop under the conditions provided for by the contract and under proper use,
arising from faulty materials, design or workmanship and shall remedy such defects at his own
cost when called upon to do so. If it becomes necessary for the supplier to replace or renew any
defective portion of the goods, such replacement or renewal should be made by the supplier
without any extra cost to Coal India Limited and / or its subsidiary company.
14. For orders placed directly on overseas suppliers, the tenderers should separately indicate
whether their prices quoted include any commission for the manufacturers agents in India and the
amount of remuneration for the agent included in the quoted price. Price shall include:
a. The service that will be rendered by them as manufacturers agent
b. The name and address of agents, if any, in India, and
c. The agency commission or remuneration or freight in case FOR prices are accepted will be
paid in Rupees in India
15. On acceptance of the tender, a formal acceptance of tender or supply order will invariably be
issued. Advance intimation in writing of acceptance of the tender will be given whenever
considered necessary by the said authority. In case an advance intimation has been given, the
formal acceptance of tender of supply order shall follow in due course, but immediate action
towards execution of supply order shall be taken on receipt of the advance intimation.
16. Earnest Money/ Security Money:

a. Earnest money clause should be stipulated in the tender. The value of Earnest Money to be
deposited by the tenderer should be in the form of Demand Draft and must accompany the
quotation i.e. cover I of the bid. For unsuccessful tenderer, EMD shall be refunded immediately
after finalisation of the tender with the approval of the HOD of MM deptt. Or Head of Area. EMD
shall be forfeited if any tenderer withdraw their offer before finalization of the tender or fails to
submit order acceptance within 15 days from the date of order.
b. Security Deposit clause should be stipulated in the tender. Two weeks time (15 days) shall be
given in the order to the successful tenderer to furnish the security deposit. In case the firm fails to
deposit the security money, the order shall be canceled and the case shall be processed to order
elsewhere and the firms performance is to be kept recorded for future dealings with them. The
value of Security Money to be deposited by the successful tenderer in the form of Bank Draft shall
be 10% of the value of the awarded contract without having any ceiling. For successful tenderer,
EMD should be converted to Security Money which will be refunded to the firm within 30 days of
satisfactory execution of the contract with the approval of the HOD of MM Deptt./ Head of the
Area. For unsatisfactory performance and/or contractual failure, the security money shall be
forfeited.
c. For procurement value less than Rs. 1,00,000/- no earnest money / security deposit will be
required.
d. EXEMPTION FROM EMD: State/Central Govt. Organizations / PSU & valid DGS&D/NSIC
registered firms (registered for the tendered items) are exempted from submission of EMD.
e. EXEMPTION FROM SECURITY DEPOSIT: State/Central Govt. Organizations / PSU & valid
DGS&D registered firms (registered for the tendered items) are exempted from submission of
Security Deposit. NSIC registered firm shall not be exempted from SD.
17. Inspection and Rejection

Generally the stores shall be of the best quality and workmanship and comply with the contract or
supply order in all respect. The stores supplied shall be in accordance with specification unless
42
any deviation is authorized and specified and specified in the contract or supply order or any
amendment thereof.
a) Facilities for Test and Examination

The supplier shall, at his own expenses, afford to the Inspector all responsible facilities and such
accommodation as may be necessary for satisfying himself, that the stores are being and/or have
been manufactured in accordance with particulars. The Inspector shall have full and free access at
any time during the execution of the contract to the suppliers work for the purpose aforesaid, and
he may require the supplier to make arrangement for inspection of the stores or any part thereof or
any material at his premises or at any other place specified by the inspector and if the supplier has
been permitted to employer the services of a sub-supplier, he shall in his contract with the sub-
supplier reserve to the inspector a similar right.
b) Cost of Test
The supplier shall provide without any extra charge, all materials, tools, labour and assistance of
every kind which the inspector may demand from him for any test, and examination, other than
special or independent test, which he shall require to be made on the suppliers premises and the
supplier shall bear and pay all costs attendant thereon. If the supplier fails to comply with the
conditions aforesaid, the Inspector shall in consultation with the purchaser, be entitled to remove
for test and examination all or any of the stores manufactured by the supplier to any premises
other than his (suppliers) and in all such cases the supplier bear the cost of transport and/or
carrying out such tests elsewhere. A certificate in writing of the Inspector that the supplier has
failed to provide the facilities and the means, for test and examination shall be final.
c) Delivery of Stores for Test

The supplier shall also provide and delivery for test free of charge, at such place other than his
premises as the Inspector may specify, such materials or stores as he may require.
d) Liability for Costs of Laboratory Test

In the event of rejection of stores or any part thereof by the Inspector in consequence of the
sample thereof, which removed to the laboratory or other place of test, being found on test to be
not in conformity with the contract or in the event of the failure of the supplier for any reason to
delivery the stores passed on test within the stipulated period, the supplier shall, on demand pay
to the purchaser all costs incurred in the Inspection and/or test cost of the test shall be assessed
at the rate charged by the laboratory to private persons for similar work.
e) Method of Testing
The Inspector shall have the right to put all the stores or materials forming part of the same or any
part thereof to such tests as he may think fit and proper. The supplier shall not be entitled to object
on any ground whatsoever to the method of testing adopted by the Inspector.
f) Stores Expended in Test

Unless otherwise provided for in the contract, all stores/materials expended in test will be to
suppliers account.
g) Inspector Final Authority and to Certify Performance

(i) The Inspector shall have the power
Before any stores or part thereof are submitted for inspection to certify that they can not be in
accordance with the contract owing to the adoption of any unsatisfactory method of manufacturer.
(ii) To reject any stores submitted as not being in accordance with the particulars.
43
(iii) To reject the whole of the installment tendered for inspection, if after inspection of such portion
thereof as he may in his discretion think fit, he satisfied that the same is unsatisfactory; and
(iv) To mark the rejected stores with a rejection mark so that they may be easily identified if re-
submitted.
(h) Consequence of Rejection

If on the stores being rejected by the Inspector or consignee at the destination, the supplier fails to
make satisfactory supplies within the stipulated period of delivery, the purchaser shall be at liberty
to :
(i) Allow the supplier to resubmit the stores, in replacement of those rejected, within a specified
time, the suppliers bearing the cost of freight, if any, on such replacement without being entitled to
any extra payment on the account; or
(ii) Purchase or authorize the purchase of quantity of the stores rejected or so others of a similar
description (when stores exactly complying with particulars opinion of the purchase executive
which shall be final, readily available) without notice to the suppliers liability as regards the supply
of any further installment due under the contract; or
(iii) Cancel the contract and purchase or authorize the purchase of the stores or others of a similar
description (when stores exactly complying with particulars are not in the opinion of the purchaser,
which shall be final readily available) at the risk and cost of the supplier. In the event of action
being taken under sub-clause (ii) above or this sub-clause in the provisions of clause 20 shall
apply as far as applicable.
(I) Inspectors Decision as to Rejection Final

The Inspectors decision as regards the rejection shall be final and binding on the supplier.
(j) Where under a contract, the price payable is fixed on FOR station of dispatch basis, the
supplier shall, if the stores are rejected at destination by the consignee, be liable in addition to
other liabilities to reimburse to the purchaser the freight paid by the purchaser.
(k) Notification of Result of Inspection

Unless otherwise provided in the specification or schedule, the examination of the stores will be
made as soon as practicable after the same have been submitted for inspection and the result of
the examination will be notified to the supplier.
(l) Marking of Stores

The supplier shall if so required, at his own expense mark or permit the Inspector to mark all the
approved stores with a recognized Government or purchasers mark. The stores which can not be
so marked shall, if so required by the Inspector, be packed in suitable package or cases each of
which shall be sealed and marked with such mark.
(m) Removal of Rejection

I. Any stores submitted for inspection at a place other than the premises of the supplier and
rejected shall be removed by the supplier subject as hereinafter provided within 14 days of the
date of receipt of intimation of such rejection. If it is proved that letter containing such intimation is
addressed and posted to him at the address mentioned in the schedule, it will be deemed to have
been served on the supplier at the time when such letter would in the course of ordinary post
reach the supplier. It shall be competent for the Inspector to call upon the supplier to remove what
he considers to be dangerous, infected or perishable stores within 48 hours of the receipt of such
intimation.
ii. Such rejected stores shall under all circumstances lie at the risk of the supplier for the moment
such rejection and if such stores are not removed by the supplier within the period
aforementioned, the Inspector/Purchaser may either return the same to the supplier at his risk and
44
cost a public tariff rate by such mode of transport as the purchaser or Inspector may select, or
dispose of such stores at the suppliers risk on his account and retain in such portion of the
proceeds as may be necessary to cover any expense incurred in connection with such disposal.
The purchaser shall also be entitled to recover handling and storage charges for the period during
which the rejected stores are not removed.
(n) Inspection Notes

On the stores being found acceptable by the Inspector, he shall furnish the supplier with
necessary copies of inspection note duly completed, for being attached to the suppliers bill in
support there of.
18. Packing and Transport

(a) It shall be the responsibility of the successful tenderers to arrange for the stores being
sufficiently and properly packed for transport by Rail, Road or Sea as the case may be so as to
their being free from loss or injury on arrival at destination.
The packing of the stores shall be done at the expense of the successful tenderer.
(b) The successful tenderer is responsible for obtaining a clear receipt from the transport
authorities specifying the goods dispatched. He will not book any consignment on a said to
contain basis. If he does so, he does it on his own responsibility. Northern Coalfields Limited shall
pay for only such stores as are actually received by them in accordance with the contract.
(c) All packing cases, containers, packing and other similar materials shall be supplied free
!~contract/supply order.
(d) Packages must be so marked that identification is made easy. Packages will be stamped with
identification marks both outside the packages as well as on the contents inside.
Packages containing articles liable to be broken by rough handling like glass or machinery made
of cast iron will be marked with cautionary works like Fragile , Handle with care. Weight of each
packages will be marked on the package.
(e) A complete list of contents in each package called the packing list will be prepared and one
copy will be packed in the package itself and another copy will be forwarded to the consignee in
advance.
19. Delivery:
The time for and the date of delivery of the stores stipulated in the Purchase Order shall be
deemed to be the essence of the contract and delivery of the stores must be completed by the
date specified.
20. In the event of failure to deliver or dispatch the stores within the stipulated date / period in
accordance with the samples and / or specifications mentioned in the supply order and in the
event of breach of any of the terms and conditions mentioned in the supply order, Coal India
Limited and / or its subsidiary Companies should have the right:-
a. To recover from successful tenderer, as agreed liquidated damages, a sum not less than 0.5%
of the price of the any store which successful tenderer has not been able to supply as aforesaid for
each week or part of a week during which the delivery of such stores may be in arrears limited to
10 %. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of
the Materials Management Division
b. To purchase from elsewhere, after due notice to the successful tenderer, on the account and at
the risk of the defaulting supplier the stores not supplied or others of a similar description without
canceling the supply order in respect of consignment not yet due for supply or
c. To cancel the supply order or a portion thereof, and if so desired, to purchase the store at the
risk and cost of the defaulting supplier and also
45
d. To extend the delivery period with or without penalty as may be considered fit and proper. The
penalty if imposed shall not be more than the agreed liquidated damages referred to clause (a)
above.
e. To forfeit security deposit in full or part.
f. Whenever under this contract a sum of money is recoverable from and payable by the supplier,
Northern Coalfields Limited, shall be entitled to recover such sum by appropriating, in part or in
whole by deducting any sum or which at any time thereafter, may become due to the successful
tenderer in this or any other contract, with Northern Coalfields Limited. Should this sum be not
sufficient to cover the full amount recoverable, the successful tenderer shall pay to Northern
Coalfields Limited, on demand the remaining balance. The supplier shall not be entitled to any
gain on any such purchase.
21. If the execution of the contract / supply order is delayed beyond the period stipulated in the
contract / supply order as a result of outbreak of hostilities, declaration of any embargo or
blockage, or fire, flood, acts of nature or any other contingency beyond the suppliers control due
to act of God then CIL or its subsidiary Companies may allow such additional time by extending
the delivery period, as it considers to be justified by the circumstances of the case and its decision
shall be final. If and when additional time is granted by the CIL and its subsidiary companies, the
contract / supply order shall be read and understood as if it had contained from its inception the
delivery date as extended.
22. The supplier shall allow reasonable facilities and free access to his works and records to the
Inspector, Progress Officer or such other Officer nominated for the purpose. Inspector of stores,
i.e. supplies made by the successful tenderer against the supply order mentioned at (15) above,
shall be carried out by the Inspector / Consignee at the Colliery site/ stores or by the Inspecting
Wing (inclusive of all its branch officer) of the DGS&D, New Delhi or any other agency as may be
specified in the supply order. Where necessary, inspection may be carried out at the suppliers
premises.
23. Coal India Ltd and / or its subsidiary companies do not bind itself to accept the lowest or any
tender and reserves to itself the right of accepting the whole or any part of the tender or portion of
the quantity offered and the tenderer shall supply the same at the rate quoted.
24. The supplier shall at all times indemnify CIL and its subsidiary companies against all claims
which may be made in respect of the supplies for infringement of any right protected by patent,
Registration of Design, or Trade Mark, provided that in the event of any claim in respect of alleged
breach of Letter Patent, Registered Design, or Trade Mark being made against CIL and / or its
subsidiary companies, the said authority shall notify the supplier of the same and the supplier shall
be at liberty at his own expense to settle any dispute or to conduct any litigation that may rise
therefrom.
25. Carrying vessels for Imported Items

In case of machinery imported from abroad, it is preferable that shipment should be affected in
Indian Vessels, wherever possible. Supplies will however not be delayed on this account.
26. Freight
The stores shall be dispatched at Public tariff rates in the case of FOR station of dispatch contract
and the stores shall be booked at full wagon rates whenever available and by the most economical
route or by the most economical tariff available at the time of dispatch as the case may be. Failure
to do so will render the supplier liable for any avoidable expenditure causes to the purchaser.
Where alternative routes exist, CIL and or its subsidiary companies shall, if called upon also to do
indicate the most economical route available or name the authority whose advice in the matter
46
should be taken and acted upon. If any advice of any such authority is sought his decision or
advice in the matter shall be final and binding on the supplier.
27. Passing of Property

Property in the stores shall not pass to the purchaser unless and until the stores have been
delivered to the consignee or interim consignee as the case may be in terms of the contract.
28. Laws Governing the Contract

(a) This contract shall be governed by the Laws of India for the time being in force.
(b) Irrespective of the place of delivery, the place of performance of place of payment under the
contract, the contract shall be deemed to have been made at the place from which the
acceptance of tender or supply order has been issued.
(c) Jurisdiction of Courts
The courts of the place from the acceptance of tender has been issued shall alone have
jurisdiction to decide any dispute arising out of or in respect of the contract.
(d) Marking of Stores
The marking of the stores must comply with the requirement of the law relating to merchandise
marks for the time being in force in India.
29. Corrupt Practices

(a) The supplier shall not offer or give or agree to give to any person in the employment of the
purchaser or working under the orders of Coal India Ltd. and/or its subsidiary companies any gift
or consideration of any kind as an inducement or reward for going or forbearing to do or for having
done or forborne to do any act in relating to the obtaining or execution of the contract or any other
contract with the purchaser or for showing or forbearing to show favour or disfavour to any person
in relation to the contract or any other contract with the Purchaser. Any breach of the aforesaid
condition by the supplier or any one employed by him or acting on his behalf (whether with or
without the knowledge of the supplier) or the Commission of any offence by the supplier or by any
one employed by him or acting on the behalf under Chapter IX of the Indian Panel Code, 1860 or
the Prevention of Corruption Act, 1947 and any amendments thereto or any other Act enacted for
the prevention of corruption by Public Servants shall entitle Coal India Limited and or its subsidiary
companies to cancel the contract and all or any other contract with the supplier and to recover
from the supplier the amount of any loss arising from such cancellation in accordance with the
provisions of Clause 20.
(b) Any dispute or difference in respect of either the interpretation effect or application of the
above condition or of the amount recoverable, the re-under by the purchaser from the supplier
shall be decided by Coal India Limited and its subsidiary companies whose decision shall be final
and binding on the supplier.
30. Insolvency and Breach of Contract

a) Coal India Limited and or its subsidiary companies may at any time by notice in writing, similarly
determine the contract without compensation to the supplier in any of the following events that is
to say
If the supplier being an individual or if a firm any partner thereof shall at any time be adjudged
insolvent or shall have a receiving order or order of administration of his estate made against him
or shall take any proceeding for composition under any Insolvency Act for the time being in force
or make any conveyance or assignment of his effects or enter into any arrangements or
composition with his creditors or suspend payment or if the firm be dissolved under the
Partnership Act.
b) If the supplier being a company is wound up voluntarily by the order of a court or a receiver,
Liquidating Manager on behalf of the Debenture-Holders is appointed or circumstances shall have
arisen which entitles the court or Debenture-Holders to appoint a Receiver, Liquidator or Manager.
47
c) If the supplier commits any breach of the contract not herein specifically provided for Provided
always that such determination shall not prejudice any right of action or remedy which shall have
accrued or shall accrue thereafter to the purchaser and provided also the supplier shall be liable to
pay to the purchaser for any extra expenditure he is thereby put to and the supplier shall under no
circumstances be entitled to any gain on repurchase.
31. Terms of Payment:

a. For all stores, 100% payment should be made on receipt of the consignment at site and
acceptance by the consignee as per actual payment term stipulated in the contract. The number
and date of Railway receipt, Bill of Lading, Air Way Bill or Consignment Note under which the
goods charged for in the bill are dispatched by Railway, ship, Air or Road respectively, and the
number and date of the letter with which such Railway Receipt, Bill of Lading, Air Way Bill or
Consignment Note is forwarded to the consignee should on bill. In the case of stores dispatched
by post, the postal receipt should be attached in original to the bill and its number and date quoted
therein.
b. Payment against the supply orders placed either by the Subsidiary Company or by CIL shall be
arranged by the Subsidiary companies, if not specified otherwise. Wherever order is placed by CIL
on any foreign supplier involving requirement of more than on subsidiary co., payment shall be
arranged by CIL normally through Letter of Credit.
c. Payment for 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 supply order itself.
d. Payment from CIL may also be considered, if felt necessary, by the CIL management, even
though order is placed against the requirement of one subsidiary company by CIL.
e. Specific payment term may be formulated in accordance with the provision laid down (as
applicable) at Chapter IX of the Purchase Manual.
32. Progress Report

a) The supplier shall from time to time render such reports concerning the progress of the contract
and or supply of the stores in such form as may be required.
b) The submission, receipt and acceptance of such reports shall not prejudice the right of the
purchaser under the contract, nor shall operate an estoppel against the purchaser merely by
reason of the fact that he has not taken notice of or objected to any information contained in such
report.
33. All disputes arising out of this contract shall be under the jurisdiction of Singrauli court only
and as per the law of the land".
Seal of the Firm

48
ANNEXURE - K
INTEGRITY PACT
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on _______
day of the month of _______, between, on one hand, Northern Coalfields Limited (hereinafter
called the BUYER, 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 _______, Designation of the Officer (hereinafter called the BIDDER/Seller which expression
shall mean and include, unless the context otherwise requires, his successors and permitted
assigns) of thee 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 Ministry/Department of the Government of India/PSU performing its
functions on behalf of the President of India.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be
entered into with a view to:-
Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in
conformity with the defined specifications by avoiding thee high cost and the distortionary impact
of corruption on public procurement, and
Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order to secure
the contract by providing assurance to them that their competitors will also abstain from bribing
and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its
officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the
contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe,
consideration,. Gift, reward, favour or any material or immaterial benefit or any other advantage
from the BIDDER, either for themselves or for any person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contract.
1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike and will provide to all
BIDDERS the same information and will not provide any such information to any particular
BIDDER which could afford an advantage to that particular BIDDER in comparison to other
BIDDERs.
49
1.3 All the officials of the BUYER will report to the appropriate Government office any attempted
or completed breaches of the above commitments as well as any substantial suspicion of such a
breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be
correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the BUYER and such a person shall be
debarred from further dealings related to the contract process. In such a case while an enquiry is
being conducted by the BUYER the proceedings under the contract would not be stalled.
Commitments of BIDDERs
3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair means and illegal activities during any stage of its bid or during any pre-contract or post-
contract stage in order to secure the contract or in furtherance to secure it and in particular commit
itself to the following:
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or other advantage, commission, fees,
brokerage or inducement to any official of the BUYER, connected directly or indirectly with the
bidding process, or to any person, organization or third party related to the contract in exchange
for any advantage in the bidding, evaluation, contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise
in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or
execution of the contract or any other contract with the Government for showing or forbearing to
show favour or disfavour to any person in relation to the contract or any other contract with the
Government.
3.3* BIDDERs shall disclose the name and address of agents and representatives and Indian
BIDDERs shall disclose their foreign principals or associates, if applicable.
3.4* BIDDERs shall disclose the payments to be made by them to agents/brokers or any other
intermediary, in connection with this bid/contract, if applicable
3.5* The BIDDER further confirms and declares to the BUYER that the BIDDER is the original
manufacturer/integrator/authorized government sponsored export entity of the stores and has not
engaged any individual or firm or company whether Indian or foreign of intercede, facilitate or in
any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to
the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to
be paid to any such individual, firm or company in respect of any such intercession, facilitation or
recommendation, if applicable.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall disclose any payments he has made, is committed to or intends to make
to officials of the BUYER or their family members, agents, brokers or any other intermediaries in
connection with the contract and the details of services agreed upon for such payments.
50
3.7 The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass
on to others, any information provided by the BUYER as part of the business relationship,
regarding plans, technical proposals and business details, including information contained in any
electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any
such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the
actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or
alternatively, if any relative of an officer of BUYER has financial interest/stage in the BIDDERs
firm, the same shall be disclosed by the BIDDER at the time of filling of tender.
The term relative for this purpose would be as
defined in Section 6 of the Companies Act 1956.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the BUYER.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country in respect
of any corrupt practices envisaged hereunder or with any Public Sector Enterprises in India or any
Government Department in India that could justify BIDDERs exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can
be disqualified from the tender process or the contract, if already awarded, can be terminated for
such reason.
5. Sanctions for Violations

5.1 Any breach of the aforesaid provisions by the BIDDER or any, one employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the
BUYER to take all or any one of the following actions, wherever required:-
(i) To immediately call off the pre contract negotiations without assigning any reason or giving any
compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would
continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond
(after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER
and the BUYER shall not be required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to the
BIDDER.
51
(iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest
thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case
of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If
any outstanding payment is due to the BIDDER from the BUYER in connection with any other
contract for any other stores, such outstanding payment could also be utilized to recover the
aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by
the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay
compensation for any loss or damage to the BUYER resulting from such cancellaltion/rescission
and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the
BIDDER.
(vii) To debar the BIDDER from participating the future bidding processes of the Government of
India for a minimum period of five years, which may be further extended at the discretion of the
BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or
broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract
signed by the BUYER with the BIDDER, the same shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this Pact.
5.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(I) TO (X)
OF THIS Pact also on the Commission by the BIDDER or any one employed by it or acting on its
behalf (whether with or without the knowledge of BIDDER), of an offence as defined in Chapter IX
of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted
for prevention of corruption.
6. Independent Monitors
6.1 The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this
Pact in consultation with the Central Vigilance Commission (Names and Addresses of the
Monitors to be given).
6.2 The task of the Monitors shall be to review independently and objectively, whether and to
what extent the parties comply with the obligations under this Pact.
6.3 The Monitors shall not be subject to instructions by the representatives of the parties and
perform their functions neutrally and independently.
6.4 Both the parties accept that the Monitors have the right to access all the documents relating
to the project/procurement, including minutes of the meetings.
6.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so
inform the Authority designated by the BUYER.
6.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all
Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will
also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Subcontractors. The
Monitor shall be under contractual obligation to treat the information and documents of the
BIDDER/Subcontractor(s) with confidentiality.
52
6.7 The BUYER will provide to the Monitor sufficient information about all meetings among thee
parties related to the Project provided such meetings could have an impact on the contractual
relations between the parties. The parties will offer to the Monitor the option to participate in such
meetings.
6.8 The Monitor will submit a written report to thee designated Authority of BUYER/Secretary in
thee Department/ within 8 to 10 weeks from the date of reference or intimation to him by the
BUYER/ BIDDER and should the occasion arise, submit proposals for correcting problematic
situations.
7. 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.
08. Law and Place of Jurisdiction

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

The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
10. Validity
10.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or
thee complete execution of thee contract to the satisfaction of both the BUYER and the
BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this
Integrity Pact shall expire after six months from the date of the signing of the contract.
10.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact
shall remain valid. In this case, the parties will strive to come to an agreement to their original
intentions.
11. The parties hereby sign this Integrity Pact at __________ on __________
BUYER BIDDER
Northern Coalfields Limited Name of the Officer
Designation
Witness Witness
1. 1.
2. 2.
53
ANNEXURE - L
FORMAT OF BANK GUARANTEE FOR SECURITY
In consideration of M/s. Northern Coalfields Limited ( a subsidiary of Coal India Limited ) Singrauli
PO- Singrauli Colliery , Dist.- Singruali (MP) (hereinafter called the Company ) having agreed to
exempt M/s. ____________________________ from the demand, under terms and conditions
of an agreement/order No.________________________ date
_________________________made between the company and the said contractor(s) for
_____________________________ ( Hereinafter called the said description of the
agreement/order) of security deposit for the due fulfilment by the said contractor(s) of the terms
and conditions contained in the said agreement , on production of a Bank Guarantee for
Rs ( Rupees. Only).
1. We _________________________________ ( indicate the name of the Bank with address)

( Hereinafter referred to as the Bank) at the request of the contractor(s) do hereby
undertake to pay to the company an amount not exceeding Rs.
___________________against any loss or damage caused to or would be caused to or
suffered by the company by reason of any breach by the said contractor(s) of any of the
terms or conditions contained in the said agreement.
2. We __________________________________ ( indicate the name of the Bank ) do hereby

undertake to pay the amounts due and payable under this guarantee without any demur,
merely on a demand from the Company stating that the amount claimed is due by way of
loss or damage caused to or would be caused to or suffered by the company , by reason of
breach by the said contractor ( of any of the terms and conditions contained in the said
agreement or by reason of the said contractor (s) failure to perform the said agreement .
Any such demand made on the Bank shall be conclusive as regards the amount due and
payable by the Bank under this guarantee. However, our liability under this guarantee shall
be restricted to an amount not exceeding Rs___________________
3. We undertake to pay to the company any money so demanded notwithstanding any

dispute or disputes raised by the said contractor (s) in any suit or proceeding pending
before any court or Tribunal relating there to our liability under this present being absolute
and unequivocal. The payment so made by us under this bond shall be a valid discharge of
our liability for payment there under and the said contractor (s) shall have no claim against
us for making such payment.
4. We_________________________( indicate the name of the Bank ) further agree that the
Guarantee herein contained shall remain in full force and effect during the period that would
be taken for the performance of the said agreement and that it shall continued to be
enforceable till all the dues of the company under or by virtue of the said agreement have
been fully paid and its claim satisfied or discharged or till the company certifies that the
terms and conditions of the said agreement have been fully and properly carried out by the
said contractor (s) and accordingly discharges this guarantee. Unless a demand or claim
54
under this Guarantee is made on us in writing on or before the ________________

(Date).we shall be discharged from all liability under this Guarantee thereafter.
5. We_____________________________( indicate the name of the Bank ) further agree with

the company __________________________o the company shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary
any of the terms and conditions of the said agreement or to extend time of performance by
the said contractor (s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by the company against the said contractor (s) and to
forbear on enforce any of the terms and conditions relating to the said agreement and we
shall not be relieved from our liability by reason of any such variation , or extension being
granted to the said contractor (s) or for any forbearance, act or omission on the part of the
company or any indulgence by the company to the said contractor (s) or by any such
matter or thing whatsoever which under the law relating to sureties would, but for would ,
but for this provision have effect of so relieving us all . The Bank further agrees that in case
this guarantee is required for a longer period and it is not extended by the Bank beyond the
period specified above, the bank shall pay to the company the said sum of Rs.
_____________________ or such lesser sum as may then due to the company and the
company may demand.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or
the said contractor (s) .
7. The Bank has under its constitution power to give this guarantee and Mr.
______________________ who has signed it on behalf of the Bank have authority to do
so.
8. We, _________________________ lastly undertake not to revoke this guarantee during its
currency except with the previous consent of the company in writing.
Dated the .day of
Signature of the authorized person

for and on behalf of the Bank
SEAL of the BANK
55
ANNEXURE M
PERFORMANCE BANK GUARANTEE FORMAT
M/s. ___________________________________ , a company having its office at

________________________ (hereinafter, called the seller) has entered into a contract No.
_________________ dated. _______________ (hereinafter called the said contract) with
Northern Coalfields Limited (hereinafter called the purchaser) to supply stores/materials on
the term and conditions contained in the said Contract.
1. It has been agreed that hundred percent (100%) payment of the value of the order will be
made to the Sellers in terms of the said contract on the Seller furnishing to the purchaser a
Bank Guarantee for the sum of Rs. _________________ equivalent to 10% value of the
stores/materials supplied by the seller as security for the due and faithful performance of the
terms of the said contract and against any loss or damage caused to or would be caused to or
suffered by Purchaser by reason of any breach by the said seller of any of the terms and
conditions contained in the said contract.
The __________________ Bank having its office at __________________________ has at
the request of Seller agreed to give the guarantee hereinafter contained.
2. We ________________________________ Bank Ltd., do hereby undertake to pay the
amounts due and payable under this guarantee without any demur, merely on a demand from
the purchaser stating that the amount claimed is due by way of loss or damage caused to or
would be caused to or suffered by the Purchaser by reason of any breach by the said Seller of
any of the terms and conditions contained in the said contract or by reason of the Sellers
failure to perform the said contract. Any such demand made on the Bank shall be conclusive
as regards the amount due and payable by the Bank under this guarantee. We shall not
withhold the payment on the ground that the Seller has disputed its liability to pay or has
disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is
pending between the Purchaser and the Seller regarding the claim. However, our liability
under this guarantee shall be restricted to an amount not exceeding ____________________
.
3. We, _____________________________ Bank Ltd., further agree that the guarantee herein
contained shall come into force from the date hereof and shall remain in full force and effect,
during the period that would be taken for the performance of the said contract and it shall
continue to be enforceable till all the dues of the purchaser under or by virtue of the said
contract have been fully paid and its claims satisfied or purchaser certifies that the terms and
conditions of the said contract have been fully and properly carried out by the said seller and
accordingly discharges the guarantee. Unless a demand or claim under this guarantee is
made on us in writing on or before the ________ (date to be given) __________ and unless
the guarantee is renewed or a claim is preferred against the Bank within ________ (months
from the date of the Bank Guarantee) we shall be discharged from all liability under this
guarantee thereafter.
4. We, ___________________________ Bank Limited, further agree with the purchaser, that
the purchaser, shall have the fullest liberty, without our consent and without affecting in
any manner out obligations hereunder to vary any of the terms and conditions of the said
contract or to extend the time of performance of the said contract from time to time or to
postpone for any time or from time to time any of the powers exercisable by the purchaser
against the seller and to forbear on enforce any of the terms and conditions relating to the
said contract and we shall not be relieved from our liability by reason of any such variation or
extension being granted to the said seller or for any forbearance, act or omission on the part
of the purchaser, or any forbearance, act or omission on the part of the purchaser, or any
56
indulgence by the purchaser, to the seller or by any such matter or thing whatsoever which
under the law relating to sureties would but for this provision have effect of so relieving us.
The Bank further agrees that in case this guarantee is required for a longer period and it is not
extended by the Bank beyond then period specified above, the Bank shall pay to the
purchaser the said sum of Rs. ________________ (specify the amount) or such lesser sum
as may then be due to the purchaser and as the purchaser may demand.
5. We, _________________________ Bank Limited, lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the purchaser, in writing.
6. The bank has under its constitution, power to give this guarantee and Mr.
______________________ Manager, who has signed it on behalf of the Bank has authority to
do so.
This Bank Guarantee will not be discharged due to the change in the constitution of the Bank
or the contractor.
Dated ________________________ day of ________________________ for ____________
___________________________________ Bank Limited
Signature of the authorized person

For and on behalf of the Bank.
SEAL of the BANK
Signature Not Verified

Digitally signed by PRABODH RAI
Date: 2017.04.13 20:04:36 IST
Location: Coal India Limited

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1

Ref. No.: NCL/KHD/PUR/OTE/E-PROCUREMENT/17-18/17002/010 Date: 13.04.2017

Notice Inviting Tender (through e-PROCUREMENT Channel)

SUPPLY OF spares for Pump Model 10/12 DME

A. Tenders are invited through on-line bidding process on the website

Brief details of the Tender are as under:

Time Schedule of Tender:

e. Bid Submission start date 15.04.2017 10:00 Hr.

It may be noted that if the information/declaration/Credentials/ scanned documents

be uploaded along with this Letter of Bid.

f. Technical Parameter Sheet with Commercial Parameter Sheet(TPS-CPS.xls).: This will be

OTHER INFORMATION REGARDING BOQ/ PRICE BID:

Entry Tax is not be applicable in UP and Way-Bill will be provided , if required.

4. Modification / Withdrawal of Bid:

iii. If the techno-commercial acceptability of L1 bidder is established upon verification of uploaded

iv. The following penalties shall be imposed on the defaulting bidders:

Sl. Situation Penal Provisions

8. Submission of Forged/Tampered Documents: Based on undertaking furnished by the bidder

TERMS & CONDITIONS:

1. (A) ELIGIBILITY CRITERIA:

The items covered in the Purchase Order(s)/Rate Contract(s)/ copies enclosed

The authenticity of the self-certificate as well as other documents

5. PERFORMANCE BANK GUARANTEE: Not applicable.

7. TECHNICAL SUPPORT & SERVICE:

NO OTHER PAYMENT TERMS SHALL BE ACCEPTED.

TERMS & CONDITIONS:

1. EARNEST MONEY DEPOSIT / SECURITY DEPOSIT:

A. EARNEST MONEY DEPOSIT (EMD):The value of Earnest Money to be deposited by the

C. EXEMPTION FROM SUBMISSION OF EMD

D. EXEMPTION FROM SUBMISSION OF SECURITY DEPOSIT

Safe arrival of materials up to destination shall be the responsibility of the supplier.

III) FOR OVERSEAS BIDDERS:

Total Landed Cost shall be calculated as detailed below:

(A) For Indian Manufacturers/Sole Selling Indian Agent:

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

Sl. No. of invoice (should not be hand-written)

Duty payable thereon

Sl. No. of Invoice / Bill (should not be hand-written)

vii) Excise Registration Number of NCL is AABCN4884HEM011. In case Supply Contract is

6. TAXES & DUTIES:

7.Sales Tax Clearance Certificate(s):

10. FORCE MAJEURE:

11. PRICE FALL CLAUSE:

12. BANNED OR DELISTED SUPPLIERS:-

13. MSM Enterprise:

14. LOWEST PRICE CERTIFICATE:

15. QUALITY CERTIFICATE:

16. GUIDELINES FOR ANCILLARY UNITS OF NCL:

16. IDENTIFICATION MARK:-

18. WITHDRAWAL, SUBMISSION AND MODIFICATION OF TENDER:

23.ARBITRATION: (Applicable to PSUs & Govt. Dept. Only).

24. INTEGRITY PACT : Not Applicable

26. Special Conditions:

(Prabodh Rai) (B K Sinha) SR. Manager

Annexure-K Integrity Pact (Applicable for Tender

3. Format for Bank Guarantee for Security Deposit. Annexure L

Letter of Bid (LOB)

LETTER HEAD OF BIDDER

Sub: Tender No. & Date: