Mirza Gaon
Mirza Gaon
Mirza Gaon
TENDER DOCUMENT
(Global Tender cum Reverse Auction through e-Procurement Portal: https://coalindiatenders.nic.in for Detailed
Exploration in the Mirzagaon Block, Rajmahal Coalfield Bhagalpur District in State of Bihar)
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2. Time Schedule of Tender: As given on the on-line tender document.
Sl. No. Particulars Date Time (in Hours)
a. Tender e-Publication date
b. Document download start date
c. Document download end date
d. Bid Submission start date As available on website
e. Bid Submission end date https://coalindiatenders.nic.in
f. Start date for seeking Clarification on-line
g. Last date for seeking Clarification on-line
h. Date of Pre-bid Meeting
i. Bid Opening Date
j. Start Date of Reverse Auction On the day of Bid Opening
NOTE (Important):
i. If the due date of opening falls on a holiday, the Tender will be opened on the next working day.
ii. In case minimum 03 (three) bids are not received within originally stipulated time, the Bid Submission End Date
will be extended initially for 02 (two) days and if still less than 03 bids are received, the Bid Submission End Date
will be extended by another 05 (five) days automatically by the system.
iii. There will be no physical / manual sale of the Tender Document.
iv. There is no tender fee and the bidders can download the Tender Document free of cost.
v. Bidders are advised to download the complete set of the Tender Document, including the tender details.
3. Availability of Tender Documents:
Detailed Tender Notice & Tender Documents including terms and conditions of works shall be available on e-
tendering portal https://coalindiatenders.nic.in and Tender Notice shall be available at websites www.cmpdi.co.in. &
http://eprocure.gov.in/cppp . The Tender document can be downloaded by any prospective bidder from the e-
Procurement portal free of cost. The download of tender document may start immediately after e-Publication of NIT
and shall continue till the last date and time specified for downloading the document.
4. 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 period for seeking clarification by bidder will be up to 7 (seven) days before
the end date of bid submission.
5. Bid Security / Earnest Money (EMD):
5.1 Deposit of EMD:
The bidder will have to make the payment of EMD through ONLINE mode only, except overseas bidder who may opt
for payment of EMD in Foreign Currency as per Sub. Clause 5.1(b) hereunder.
NOTE: This shall be deposited in the manner as described below:
No Bid will be accepted unless accompanied by requisite Earnest Money Deposit as stated above.
a. For Domestic Bidders:
In Online mode the bidder can make payment of EMD either through net banking from designated Bank(s) or
through NEFT/ RTGS from any scheduled Bank. In case of payment through net-banking, the money will be
immediately transferred to CMPDIL’s designated Account.
In case of payment through NEFT/RTGS the bidder will have to make payment as per the Challan generated by
system on e-Procurement portal.
Bidder will be allowed to submit his / her bid only when the EMD is successfully received in CMPDIL’s account
and the information flows from Bank to e-Procurement system.
The Earnest Money/ Bid Security of the unsuccessful bidder will be refunded and will not bear any interest.
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NOTE: The process of submission of EMD should be initiated preferably at least 24 hours before End Date and
Time of Bid Submission to avoid any system related problems or issues in the payment gateway.
b. For Foreign Bidders:
Overseas Bidders can make payment of EMD through Direct Foreign Remittance to CMPDIL, Bank Account,
the details of which are as under:-
1. Name of Account: Central Mine Planning and Design Institute Limited;
2. Account No.: 916020064660613;
3. Bank Name: Axis Bank Limited;
4. Branch Name: Ranchi Branch
5. Branch Code: 106
6. IFSC Code: UTIB0000106;
7. SWIFT Code: AXISINBB106;
Instruction to foreign bidders: The foreign bidder who make the payment of EMD in foreign currency as explained
above, should opt for “YES” in the option of exemption for submission of EMD in on-line mode and should upload the
document (.pdf file) specifying the transaction reference number / documentary evidence showing remittance of EMD
payment, in the space provided against ‘Upload EMD exemption document’ which should be digitally signed before
moving on to the Next Page.
Note: In case the work/service is awarded to a Joint Venture participating in the tender they have to submit PAN and
GST registration (as applicable in the tender and for the bidder status) on the name of the Joint Venture after Award
of Work/Service at the time of execution of agreement/ before the payment of first running on account bill.
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8.4 Requirements of a Consortium – Following requirements, in case of Consortium Route of participation, shall be
met:
i. The maximum number of consortium members may go up to 03 (Three) with clearly defining in the Consortium
Agreement/MOU (Memorandum-of-Understanding) who will be the Lead Member for the purpose of this Work
apart from other Terms and Conditions.
ii. The Consortium agreement must specify the roles and responsibilities of each member.
iii. The work order will be placed on the Lead Member (Bidder).
iv. The Lead Member shall be the bidder having experience of drilling activities. The Consortium Agreement must
provide that the Lead member shall be authorized to incur liabilities and receive instructions for and on behalf of
any and all members of the Consortium and will have the sole responsibility for execution of the Contract.
v. Collectively consortium members must meet the Technical Qualification requirements (TQR) i.e. Coring Drilling,
Field Geological services, Topographical Survey, Geophysical Logging/Surveying & Preparation of Geological
Report.
vi. However, Lead member has to meet the Working Capital requirement as per Clause No. 9.2 of NIT.
vii. To facilitate statutory deductions, all statutory documents like PAN / GSTIN etc. shall be submitted by the Lead
Member (Bidder) at the time of bid submission.
viii. The Bills will be raised by the Lead Member on behalf of the Consortium and all payments shall be credited in
the account of Lead Member only as per Clause No. 9.0 of General Terms & Conditions” (GTC). CMPDIL will
not be responsible for making any payment to the Individual members of the Consortium and no such claim shall
be entertained by CMPDI.
ix. Submission of Consortium Agreement/ MoU (To be submitted by bidders as a Confirmatory Document): Bidder
shall upload a Consortium Agreement/ MoU with his Consortium members as per format given in the Annexure-
XI of this bid document. This MoU shall be signed by all the Consortium members, through their respective
authorized signatories.
9. Eligibility Criteria
9.1 (A) Work Experience for Drilling:
The bidder must have in its name or proportionate share as a member of JV/Consortium, experience of having
successfully completed works of similar nature which includes Coring Drilling, Field Geological services,
Topographical Survey, Geophysical Logging/Surveying & Preparation of Geological Report valuing 65% of the
annualized estimated cost of the work put to tender ( for period of completion over 1 year) / 65% of the estimated
cost of the work ( for completion period up to one year ) put to Tender in any year ( consecutive 365 days) during last
7(seven) years ending last day of month previous to the one in which bid applications are invited.
“Annualized value” of the work shall be calculated as the “Estimated Cost / Period of completion in Days x 365”.
The cost of executed works shall be given a simple weightage to bring them at current price level by adding 5% for
each completed year (total number of days/365) after the end date of experience till the last day of month previous
to one in which e-Tender has been invited.
The works of Similar Work shall be “Coring Drilling OR combination of Coring & Non-Coring Drilling in a coal /
lignite / stratified deposit along with other allied activities as specified in Scope of work (Annexure-I)”.
Data to be furnished by Bidder on-line: In respect of the above eligibility criteria, the bidders are required to furnish
the following information on-line:
i. Start date of the year for which work experience of bidder is to be considered for eligibility.
ii. Start date & end date of each qualifying experience (similar nature).
iii. Work Order Number/ Agreement Number of each experience
iv. Name & address of Employer/ Work Order Issuing authority of each experience
v. Percentage (%) share of each experience (100% in case of an Individual/ Proprietorship firm or a partner in a
partnership firm and the actual % of share in case of a Joint Venture).
vi. Executed Value of work against each experience
vii. In case the bidder is a Joint Venture, the work experience of any one, two and three of the individual partners
of JV or the JV itself may be furnished as the work experience of the bidder.
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Scanned copy of documents to be uploaded by bidders (CONFIRMATORY DOCUMENT):
For work experience bidders are required to submit copy of the Work Order along with Satisfactory Work Completion
Certificate issued by the employer against the Experience of similar work containing all the information as sought on-
line.
Technical evaluation by the System:
i. The system shall calculate the end date by adding 365 days to the start date of experience (provided by bidder).
End date shall not be later than the last date (last day of month previous to the month in which NIT has been
published on e-procurement portal).
ii. The system shall check the Start & End date of each experience and accept it as a qualifying experience if it
falls within the year selected by the bidder (as calculated by adding 365 days to the start date restricted to the
‘last date’).
iii. The system shall calculate the value of each qualifying experience by multiplying the value with the % share of
experience and adding 5% for each completed year (total No. of days/365) after the end date of experience of
work till the last date of month previous to one in which the NIT has been published on e-Procurement portal.
iv. The system shall calculate the value of all qualifying experiences taken together for each bidder and grade him
as 'Eligible' if it meets the minimum requirement (65% of Annualized Value or estimated value whichever is less)
or else as 'Ineligible'.
v. In case any of the experiences does not fall in the selected period of 365 days (continuous), such experiences
will be excluded from evaluation. Hence the bidder shall have to furnish the value of work executed only during
the selected period of 365 days (continuous).
vi. The weightage of 5% every year will be on simple rate and will not be compounded on yearly basis for the
purpose of calculating the value of each qualifying experience."
vii. The work experience of the bidder may be an ongoing work and the executed value of work shall be considered
for evaluation.
viii. In case the experience has been earned by the bidder as an individual or proprietor of a proprietorship firm or
partner of a partnership firm, then 100% value of the experience will be considered against eligibility. But if the
experience has been earned by the bidder as a partner in a Joint Venture firm then the proportionate value of
experience in proportion to the actual share of bidder in that Joint Venture will be considered against eligibility.
(B) Experience for Geological Work:
The tenderer must have in its name as a prime contractor having either experience of preparing at least one
geological report (GR) of coal/lignite/ stratified deposit & carrying geophysical logging in at least 10 boreholes
of coal/ lignite deposit or having key professionals as per number and experience mentioned in the Table below:
Alternatively, the tenderer must have valid MOU with the Associates possessing the experience for above
mentioned jobs (GR & Geophysical Logging) or having key professionals as per number and experience
mentioned in the Table below:
In respect of the above eligibility criteria the bidders are required to furnish the following information on-
line:
Confirmation in the form of Yes / No regarding Clause 9.1B
Scanned copy of documents to be uploaded by bidders (CONFIRMATORY DOCUMENT):
The bidders are required to submit of its own or through MoU for work experience as per clause 9.1B
I. Copy of the work order along with work completion certificate of preparing at least one geological report (GR) of
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coal/lignite/ stratified deposit & carrying geophysical logging in at least 10 boreholes of coal/lignite deposit
II. Self-attested CVs of the Key personnel, including the similar assignments handled and their role, duly
countersigned by the authorized representative of bidder.
Note: One person shall be eligible for only one skill set, even though having minimum requisite qualification for more
than one skill set. The key personnel should be full time employee on the roll of bidder. In case of contractual
employment, the contract should be for full time employment of at least 24 months.
9.2 Working Capital:
Evidence of possessing adequate working capital (at least 20% of the “Annualized value or Estimated value
whichever is less” of this work) inclusive of access to lines of credit and availability of other financial resources to
meet the requirement. The bidder should possess the working capital within three months prior to the date of opening
of tender.
Data to be furnished by Bidder on-line: In respect of the above eligibility criteria, the bidders are required to furnish
the following information on-line:
i. Amount of available working capital inclusive of lines of credit and availability of other financial resources
ii. Date on which the bidder possesses the required working capital
iii. Name of the Chartered Accountant (CA)
iv. Membership Number of CA who certifies the bidder's working capital on a particular date.
v. Date of Issue of Certificate
vi. In case the bidder is a Joint Venture, the working capital of the individual partners of the JV will be added together
for each financial year and is to be furnished as the turnover of the bidder for that particular financial year
Technical evaluation by the System:
i. The system shall check that the date on which the bidder possesses the required working capital as well as the
date of issue of certificate is within 3 months of the date of opening of tender.
ii. The value of working capital as certified by the CA is greater than or equal to the minimum requirement.
Scanned copy of documents to be uploaded by bidders (Confirmatory Document):
Certificate of Working Capital issued by a Practicing Chartered Accountant having a membership number with
Institute of Chartered Accountants of India containing the information as furnished by bidder on-line or equipment
certificate in case of foreign bidder / partner issued from the respective country.
9.3 Fleet Requirement:
The bidder is required to give an undertaking in the form of an Affidavit in the prescribed format to deploy matching
Rigs and Geophysical logging Survey equipment and related software as per NIT either owned or hired.
Data to be furnished by Bidder on-line: In respect of the above eligibility criteria, the bidders are required to furnish
the following information on-line:
Confirmation in the form of YES/NO regarding acceptance to deploy matching Drilling Rigs/Survey
Instrument/Geophysical Logging unit/equipment and related software as per NIT either owned or hired
Technical evaluation by the System:
The system will evaluate “Yes” as eligible and “No” as not eligible.
Scanned copy of documents to be uploaded by bidders (Confirmatory Document): An affidavit confirming acceptance
to deploy sufficient number of matching Drilling Rigs/Survey Instrument/Geophysical Logging either owned or
hired.
9.4 Permanent Account Number:
The bidder should possess a Permanent Account Number (PAN) issued by Income tax Department.
Data to be furnished by Bidder on-line: In respect of the above eligibility criteria, the bidders are required to furnish
the following information on-line:
Confirmation in the form of YES/NO regarding possessing of PAN
Technical evaluation by the System:
The system will evaluate “Yes” as eligible and “No” as not eligible.
Scanned copy of documents to be uploaded by bidders (Confirmatory Document):
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PAN CARD of the bidder
NOTE: In case, the bidder is a Joint Venture/ Consortium, PAN Card issued by the Income Tax Department, Govt.
of India for each Indian Partner of JV/ Consortium and verifiable Tax Residency Certificate of respective country
for each foreign partner or JV/Consortium itself).
9.5 Goods and Service Tax (Not Applicable for Exempted Goods / Services):
The bidder should be either
i. GST Registered Bidder (but not under Composition Scheme)
OR
ii. GST unregistered Bidder
Registration:
The bidder is liable to be registered under GST unless they are specifically exempt from registration under specific
notification / circular / section / rule issued by statutory authorities.
The bidder claiming exemption in this respect shall submit supporting documents as well as certificate from Practicing
CA/ CMA/ CS to the effect that Bidder is fulfilling all the conditions prescribed in notification to make him exempt from
registration.
For Example: If the bidder is exempt from Registration under CGST ACT, 2017 due to his aggregate turnover in the
relevant financial year being less than 20/10 lakhs then bidder shall submit the copy of Notification along with
Certificate from Practicing CA/CMA/CS to the effect that Aggregate turnover from his all business operation during
the relevant financial year is less than 20/10 Lakhs and hence he is exempt from Registration under GST Act, 2017.
The expression “aggregate turnover” shall include all supplies made by the taxable person, whether on his own
account or made on behalf of all his principal.
Explanation:
1. Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special
category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover
in a financial year exceeds twenty lakh rupees.
2. Provided that where such person makes taxable supplies of goods or services or both from any of the special
category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh
rupees.
Special category States” shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the
Constitution: States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand are specified in sub-clause (g) of clause (4) of
article 279A of the Constitution.
In respect of the above eligibility criteria the bidders are required to furnish the following information on-
line:
i. Confirmation in the form of Yes/No regarding possessing of required document as enlisted in NIT with respect
to GST status of the bidder.
ii. Status of the bidder in the BOQ excel sheet being uploaded by the bidder during bid submission as per previous
column.
Scanned copy of documents to be uploaded by bidders (CONFIRMATORY DOCUMENT):
The scanned copy of documents regarding status w.r.t GST to be uploaded by bidders in support of information/
declaration furnished online by the bidder in the BOQ sheet against Eligibility Criteria.
I. Status: GST registered Bidder (but not under Composition Scheme)::
Document: GST Registration Certificate (i.e. GST identification Number) issued by appropriate authority of
India.
II. Status: GST unregistered bidder:
Document: A Certificate from a practicing Chartered Accountant having membership number with Institute
of Chartered Accountants of India certifying that the bidder is GST unregistered bidder/ dealer in
compliance with the relevant GST rules of India.
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NOTE:
[In case of JV a Certificate from a practicing Chartered Accountant having membership number with Institute of
Chartered Accountants of India confirming the status of JV w.r.t GST in compliance with relevant GST rules or GST
Registration Certificate of JV.]
1. In case the Service contract is awarded to a Joint Venture participating in the tender they have to submit PAN,
GST registration (as applicable in the tender and for the bidder status) etc. in the name of the Joint Venture after
Award of Service contract at the time of execution of agreement/ before the payment of first running on account
bill.
2. If turnover of bidder exceeds exemption limit, the bidder must have GST registration as per GST Act and Rules.
b) The rate quoted by the supplier shall be exclusive of CGST, SGST, IGST and GST (Compensation to state tax)
Cess and it should be strictly as per the format of BOQ. Item wise each element of cost shall be indicated in
respective column specifically provided for that. Item wise rate of CGST & SGST or IGST and GST
(Compensation to state tax) Cess, applicable at the time of bidding, shall be indicated by the bidder in respective
column of the BOQ.
c) The Tax Invoice raised by the supplier must be in compliance of relevant GST Acts, rules & notifications made
thereunder and should bear the GSTIN number for the supply to CMPDIL HQ and its Regional Institutes located
at different states as given below:
State Unit / HQ City GSTIN
(Provisional ID)
Jharkhand HQ Ranchi (HQ)
RI-II Dhanbad (RI-II) 20AAACC7475N1ZI
RI-III Ranchi (RI-III)
West Bengal RI-I Asansol 19AAACC7475N1Z1
Maharashtra RI-IV Nagpur 27AAACC7475N1Z4
Chhattisgarh RI-V Bilaspur 22AAACC7475N1ZE
Madhya Pradesh RI-VI Singrauli 23AAACC7475N1ZC
Odisha RI-VII Bhubaneshwar 21AAACC7475N1ZG
The rate and amount of CGST, SGST, IGST, and GST (Compensation to state) Cess, related to supply of
goods/Services, shall be shown separately in tax invoice.
d) The CGST & SGST, IGST and GST (Compensation to state tax) Cess, as applicable at the time of supply, shall
be paid extra against submission of proper Tax Invoice, as referred above, by the supplier so that CMPDIL
could be able to avail Input Tax Credit of such CGST, GST, IGST, GST (compensation to state) Cess reflected
in the invoice.
e) If CMPDIL fails to claim Input Tax Credit (ITC) on eligible Inputs and Capital Goods or the ITC claimed is
disallowed due to failure on the part of supplier of goods and services in incorporating the Tax Invoice issued to
CMPDIL in its relevant returns under GST, payment of CGST & SGST or IGST, GST (Compensation to State)
Cess shown in Tax Invoice to the tax authorities, issue of proper tax invoice or any other reason whatsoever,
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the applicable taxes & Cess paid based on such Tax Invoice shall be recovered from the current bills or any
other dues of the supplier.
f) The amount of CGST & SGST or IGST and GST Cess, as indicated in the Tax Invoice shall be paid only when
they appear in GSTR 2A of CMPDIL and the supplier has filed the valid return in accordance with the provisions
of the GST Act and the rules made there under.
g) If the Tax invoice submitted by the supplier is found defective causing disallowance of Input Tax Credit (claimed
by CMPDIL based on such invoices) by the tax authorities, the applicable taxes & Cess paid based on such Tax
invoice shall be recovered from the current bills or any other dues of the supplier.
h) In the event of any additional tax liability accruing on the supplier of goods and/or services due to classification
issue or for any other reason, the liability of CMPDIL shall be restricted to the amount of GST charged on the
original tax invoice issued by the supplier.
NOTE: Tax Invoice should be raised exactly as per the GST rate declared by the bidder in the BOQ sheet while
submitting Price Bid.
i) In addition to above, if any other tax/duties are levied over supply of such goods or services in future, it shall be
paid extra.
j) TDS: The TDS, if applicable, shall be made at applicable rate from the payment made or credited to the supplier.
9.6 An Undertaking:
An Affidavit on the bidder’s letter-head regarding genuineness of the information furnished by him on-line and
authenticity of the scanned copy of documents uploaded by him on line in support of his eligibility, as per the format
given in the bid document at Annexure-VIII of the GTC.
Data to be furnished by Bidder on-line: In respect of the above eligibility criteria, the bidders are required to furnish
the following information on-line:
Confirmation in the form of YES / NO regarding possessing the supporting documents.
Note: The partnership firm / JV / Consortium is required to submit written consent of all the partners to Arbitration
clause as per the provision stipulated in the NIT.
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9.10 Provident Fund:
The bidder should possess a Provident Fund Registration Certificate issued by Govt. Department of any Indian State.
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Excel file. Thereafter, the bidder will upload the same Excel file during bid submission in Cover-II. The Price-
Sl Eligibility Criteria Scanned copy of documents, to be uploaded in
No. support of information/ declaration furnished
online by the bidder against Eligibility Criteria
as Confirmatory Document
1 Letter of Bid (LOB): Letter of Bid (LOB) on the bidder’s letter head, in
prescribed format (Annexure- VII).
2 Earnest Money Deposit: Refer Clause No. 5 of NIT.
NOTE:
1. In case of Foreign Bidders the offline EMD
submission method may be opted as per
Clause 5.1(b) [if applicable].
2. The bidders claiming exemption from
submission of EMD (as per clause 5.2) must
upload valid documentary evidence in cover
I.
3 The Work Experience for Drilling (Refer Clause 9.1A): Bidders are required to submit Work Order along
The bidder must have in its name or proportionate share as with satisfactory Work Completion Certificate
a member of JV/Consortium, experience of having issued by the employer against the Experience of
successfully executed (includes completed works of similar similar work containing all the information as
nature (Coring Drilling Field Geological services, sought on-line. In case of Sub-contractor, suitable
Topographical Survey, Geophysical Logging & Preparation document as per the eligibility criteria will have to
of Geological Report in a coal/lignite/stratified deposit) be submitted.
valuing 65% of the annualized estimated cost of the work put Note: In case of JV/Consortium, above documents
to tender (for period of completion over 1 year) / 65% of the of partner(s)/members are required.
estimated cost of the work (for completion period up to one
year ) put to Tender in any year (consecutive 365 days)
during last 7(seven) years ending last day of month previous
to the one in which bid applications are invited.
3.1 Experience in Geological work: For work experience in Geological Work bidders
required to submit any one of the documents
The tenderer must have in its name as a prime contractor
mentioned herein, as sought on-line, of its own or
having either experience of preparing at least one geological
through MoU:
report (GR) of coal/lignite/ stratified deposit & carrying
geophysical logging in at least 10 boreholes of coal/lignite For Geological Work:
deposit or having key professionals as per number and
(i) Copy of the work order along with work
experience defined earlier in 9.1B. Alternatively, the tenderer
completion certificate of preparing at least one
must have valid MOU with the Agency possessing the
geological report (GR) of coal/lignite/ stratified
experience for above mentioned jobs (GR & Geo-physical
deposit & carrying geophysical logging in at least
Logging) or having key professionals as per number and
10 boreholes of coal/lignite deposit
experience defined earlier in 9.1B.
(ii) Self-attested CVs of the Key personnel,
including the similar assignments handled and
their role, duly countersigned by the authorized
representative of bidder.
4 The Availability Of Working Capital (Refer clause 9.2) : Certificate of Working Capital issued by a
Evidence of possessing adequate working capital (at least Practicing Chartered Accountant having a
20% of the “Annualized value or Estimated value whichever membership number with Institute of Chartered
is less” of this work) inclusive of access to lines of credit and Accountants of India containing the information as
availability of other financial resources to meet the furnished by bidder on- line or equivalent certificate
requirement. The bidder should possess the working capital of foreign bidder/ partner issued from the
within three months prior to the date of opening of tender. respective country.
5 Fleet Requirement (Refer clause 9.3): An affidavit confirming acceptance to deploy
The bidder is required to give an undertaking in the form of matching Drilling Rigs/Survey Instrument/
an Affidavit in the prescribed format to deploy matching Geophysical Logging unit/equipment and related
Drilling Rigs/Survey Instrument/Geophysical Logging & software as per NIT either owned or hired
Geophysical Survey unit/equipment and related software as
per NIT either owned or hired
6 Permanent Account Number (PAN) (Refer clause 9.4): In respect of the above eligibility criteria, the
The bidder should possess a Permanent Account Number bidders are required to furnish the Scanned copy
(PAN) issued by Income tax Department. of PAN CARD of the bidder.
(In case of JV / consortium, PAN card for each
Indian partner of JV/ Consortium and Verifiable Tax
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Residency Certificate of respective country for
each foreign partner or JV/ Consortium itself)
7 Goods and Service Tax (Not Applicable for Exempted The following documents establishing the status of
Goods/ Services) bidder w.r.t GST as declared by Bidder in the BOQ
1.1 (Ref. Clause No. 9.5 of NIT) sheet:
a) Status: GST registered Bidder/Dealer -
Document: GST Registration Certificate (i.e.
GST identification Number) issued by
appropriate authority.
b) Status: GST unregistered bidder / Dealer -
Document: A Certificate from a practicing
Chartered Accountant having membership
number with Institute of Chartered Accountants
of India certifying that the bidder is GST
unregistered bidder/ dealer in compliance with
the relevant GST rules.
[In case of JV a Certificate from a practicing
Chartered Accountant having membership number
with Institute of Chartered Accountants of India
confirming the status of JV w.r.t GST in compliance
with relevant GST rules or GST Registration
Certificate of JV]
8 Legal Status of the bidder (Refer clause 9.7): Any one of the following documents:
1. Affidavit or any other document to prove
proprietorship/ Individual status of the bidder.
2. Partnership deed containing name of partners
3. Memorandum & Article of Association with
certificate of incorporation containing name of
bidder.
4. Joint Venture Agreement containing name of
partners and lead partner, power of attorney to
the lead partner and share of each partner.
5. Agreement/MOU in case of Consortium as per
Annexure-XI.
(The partnership firm / JV / Consortium is
required to submit written consent of all the
partners as per provisions of NIT.
9 Valid Digital Signature Certificate (Refer clause 9.8): If the bidder himself is the DSC holder bidding on-
line then no document is required.
However, if the DSC holder is bidding online on
behalf of the bidder then the Power of Attorney or
any sort of legally acceptable document for the
authority to bid on behalf of the bidder
10 Integrity-Pact: Duly signed and witnessed Integrity Pact in the
(Applicable for tendered value of Rs.2.00 Crore & above). prescribed format (Annexure-II).
Note: In case of JV, Integrity Pact shall be signed
by all the partners.
11 Mandate Form for Electronic Fund Transfer. Copy of Mandate form duly filled in as per
Performa. (As per Annexure- IV).
12. Banning /Delisting (Refer clause 9.9):: If a bidder has been banned or delisted by any
The bidders would give a declaration that they have not been Govt. or Quasi Govt. agencies or PSUs, this fact
banned or delisted by any Govt. or Quasi Govt. agencies or must be clearly stated and it may not necessarily
PSUs. be a cause for disqualification. If the declaration is
not given, the bid will be rejected as non-
responsive.
13 An undertaking regarding genuineness of the information furnished by him on-line and authenticity of the scanned
copy of documents uploaded by him on-line in support of his eligibility, as per the format given in Annexure-VIII.
14 Any other document to support the qualification information as submitted by bidder on-line.
Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any additional/ other relevant documents
to support the information/declaration furnished by bidder online against eligibility criteria may also be attached by
the bidder in the same file to be uploaded against respective eligibility criteria
bid will be in Item Rate BOQ format and the bidder will have to quote for all the tendered items and the L-1 will
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be decided on overall quoted value (i.e. Cost to Company). The Price-bids of the tenderers will have no
condition. The Price Bid which is incomplete and not submitted as per instruction given above will be rejected.
Any alteration/modification in the Excel format may lead to rejection of bid.
The L-1 bidder will be decided based on cost to the Company. Prior to quoting the rates in the BOQ file, the
bidder will select the appropriate Goods and Service tax (GST), status from the following list given in the BOQ:
I. GST Registered Bidder, OR
II. GST Unregistered Bidder, OR
III. Foreign Bidder.
The Price bid file will be digitally signed and uploaded by the bidder in Part-II / Cover-II.
Case – 1: Works / Services for which INPUT TAX CREDIT is not available to the Company.
The overall bid price (Cost to Company) will be the rate quoted by the bidder plus applicable rate of GST (Goods &
Service Tax). The ranking of the Bidders will be decided based on ‘Cost to Company’ price. The lowest cost to
company price will be ranked as L-1, the next higher price as L-2 and so on calculated by the system.
Case – 2: Works / Services for which INPUT TAX CREDIT is available to the Company.
The overall bid price (Cost to Company) will be rates quoted by the bidder only; GST (Goods & Service Tax) will not
be added in this case. The ranking of the Bidders will be decided based on ‘Cost to Company’ price. The lowest cost
to company price will be ranked as L-1, the next higher price as L-2 and so on calculated by the system.
10.9 Contract Value:
The Contract Value will be the value of the ‘Rates quoted by bidder plus amount of GST. The liability of payment of
GST by the contractor registered under GST will lie with the contractor. The payment of GST would be made to the
contractor only on submission of Bill / Invoice in accordance with the provision of GST Rules. In case of unregistered
bidder, the applicable GST will be paid by CMPDIL directly to the concerned Tax Authority.
The Price-bids of the tenderers shall have no condition. The Price Bid which is incomplete and not submitted as per
instruction given above will be rejected.
11. Taxes and Duties:
All duties, taxes [excluding Goods and Services Tax (GST) and GST Compensation Cess (if applicable) only] and
other levies payable by the bidder/ Contractor under the Contract, or for any other cause as applicable on the last
date of submission of Bid, shall be included in the rates, prices and the total Bid Price submitted by the Bidder.
Applicable GST either payable by bidder or by company under reverse charge mechanism shall be computed by
system in BOQ sheet as per predefined logic. All investments, operating expenses, incidentals, overheads etc. as
may be attendant upon execution and completion of works shall also be included in the rates, prices and total Bid
price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/ or any
increase over the rate existing on the last date of submission of Bid shall be reimbursed by the company on
production of documentary evidence in support of payment actually made to the concerned authorities.
Similarly if there is any decrease in such duties, taxes and levies the same shall become recoverable from the
contractor. The details of such duties, taxes and other levies along with rates shall be declared by the bidder.
The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST & GST
Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by service availer (i.e.
CMPDIL) to bidder/contractor (if GST payable by bidder/contractor) would be made only on the latter submitting a
Bill/invoice in accordance with the provision of relevant GST Act and the rules made thereunder and after online filing
of valid return on GST portal. Payment of GST & GST Compensation Cess is responsibility of bidder/contractor.
However, in case contractor is GST unregistered bidder in compliance with GST rules, the bidder shall not charge
any GST and/or GST Compensation Cess on the bill/invoice. In such case, applicable GST will be deposited by
CMPDI directly to concerned authorities.
Input tax credit is to be availed by paying authority as per rule.
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If CMPDIL fails to claim Input Tax Credit (ITC) on eligible Inputs, input services and Capital Goods or the ITC
claimed is disallowed due to failure on the part of supplier / vendor of goods and services in incorporating the tax
invoice issued to CMPDIL in its relevant returns under GST, payment of CGST & SGST or IGST, GST
(Compensation to State ) Cess shown in tax invoice to the tax authorities, issue of proper tax invoice or any other
reason whatsoever, the applicable taxes & cess paid based on such Tax invoice shall be recovered from the
current bills or any other dues of the supplier / vendor along with interest, if any.
12. Modification and withdrawal of Bid: Bidders may withdraw their bids online within the end date of bid submission
and their EMD will be refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit the bid
in that particular tender. For withdrawal of bid after the end date of bid submission, the bidder will have to make a
request in writing to the Tender Inviting Authority. Withdrawal of bid may be allowed till issue of work order/LOA with
the following provision of penal action:
1. The EMD will be forfeited and
2. The bidder will be debarred for 1(One) year from participating in tenders in CMPDIL/Subsidiary.
The Price-bid of all eligible bidders including this bidder will be opened and action will follow as under:
i). If the bidder withdrawing his bid is other than L 1, the tender process shall go on.
ii). If the bidder withdrawing his bid is L-1, then re-tender will be done.
Penal action against clauses above will be enforced from the date of issue of such order.
iii) The standard operating procedure to handle withdrawal of bid after end date of submission is shall be as follows:
Standard Operative Procedure (SOP) for managing the cases of Withdrawal of Bids in e-Procurement System
of CIL/Subsidiary
I. The Mode of Withdrawal:
A. Online Withdrawal of Bids:
a. The system of online withdrawal is available on the portal up to end date of bid submission, where any
bidder can withdraw his/her bid which will attract no penal action.
b. The system of online withdrawal beyond end date of bid submission and till award of contract is not
available. The bidder can withdraw their bid only offline, which may be considered except for some
exceptional cases as mentioned in clause below, either with or without imposition of penalty.
B. Offline Withdrawal of Bids :
a. A partner of bidder(in case of JV and partnership firms) whose DSC is registered on the e-Procurement
portal can access the portal for online withdrawal but when there is a split in the business relationship, the
partners whose DSC is not registered on the portal do not have the option of online withdrawal of bid. Hence
such partners may opt to use offline method of withdrawal of his/her offer (or express his disassociation
from the bidder organization).
b. Offline withdrawal of bid, beyond end date of bid submission and till award of contract, may be considered
by the tender committee.
II. Acceptance of withdrawal by Tender Committee:
Every case of withdrawal under Clause 12.I-(A) (b) and Clause 12.I-(B) shall be put up to Tender Committee for
deliberation and further course of action.
The decision of Tender Committee will be binding on the tenderer.
13. Tender Status: It will be the bidder’s responsibility to check the status of their Bid online regularly, after the opening
of bid till award of contract. Additionally, information shall also be sent by system generated e-mail and SMS at nodal
points (Date of bid opening, Requisition for Clarification on Confirmatory document from L-1 bidder, award of work
etc.). No separate communication will be required in this regard. Non-receipt of e-mail and SMS will not be accepted
as a reason of non-submission of Confirmatory documents within prescribed time. This will be specifically mentioned
in the NIT. The Tender Status will be in public domain and anyone visiting the site can view it by identifying the
tender.
It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software and Internet connectivity
at bidder’s premises to access the e-tender portal. Under any circumstance, CMPDIL shall not be liable to the bidders
for any direct/indirect loss or damages incurred by them arising out of incorrect use of the e-tender system or Internet
connectivity failures.
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14. Automatic Evaluation (Technical):
14.1 The e-Procurement System will evaluate the Technical bids automatically on the basis of relevant data provided by
bidder through a format in an objective and structured manner while submitting bid. If the parameter given by bidder
in objective and structured manner does not confirm to required eligibility criteria as specified in the tender document
then the bid will be automatically rejected by the system
14.2 Acceptance of Bidder in a general format of online declaration will be recognized and accepted as the certification
regarding authenticity of all the information and documents furnished by them online and acceptance of all terms and
conditions of the bid document, since such acceptance by Bidder with Digital Signature Certificate is legally tenable.
15. Extension of Time schedule of Tender:
If the number of bids received online is less than three on the end date of bid submission then the bid submission
end date, bid opening date and date of Reverse Auction will be automatically extended by the System, initially for a
period of two days and if the number of bids still remains less than three then for another five days. This will be
reflected in the portal after midnight i.e. start of the next day.
In case number of bids received is still less than three, the tender received will be opened. If no tender is received
after second extension the tender will be cancelled.
16. Opening And Evaluation Of Tender:
16.1 Opening of bids:
Tender (Cover-I and Cover-II) will be decrypted and opened online by the “Bid Openers” with their Digital Signature
Certificates on the pre-scheduled date & time of Tender Opening. After opening of the tender on the scheduled date
& time of opening, the system will automatically evaluate the particulars as contained in the GTE, TPS.
After opening of the bids, GTE, BOQ and all other documents uploaded by the eligible bidders get opened and
comparative statement of prices will be generated by the system.
16.2 Instructions to Bidders w.r.t. Reverse Auction Process (RAP): (Applicable for tenders having ECV of 1.00
Crore & above)
a) Reverse Auction Process (RAP) will be initiated within two hours of opening of price bids.
b) There will be no participation fees for e-Reverse auction.
c) Upon opening of the price bids, a reverse auction platform will be created, displaying only the L1 price
received. No indication will be available in the portal to anybody regarding number of bids and names of the
bidders.
d) Initial period of reverse auction will be 2 (Two) hours. There will be auto extension of time every time by 10
(Ten) minutes in case of any reduction recorded in the last ten minutes. The reverse auction will come to a
close only when there is no further reduction recorded in the last ten minutes slot.
e) H-1 bid will be eliminated during price bid opening, if more than three techno-commercially acceptable
bids are available as per the evaluation done by system and such bidder will not be allowed to
participate in reverse auction. If two or three bidders have quoted same H-1 land cost (i.e. Cost to
Company), the bidder(s) who submitted / frozen the bid later, shall be rejected and will not be allowed to
participate in reverse auction.
f) The ‘Start Bid’ price will be either of the following, which one is lower:
1. L-1 price OR
2. [Approved estimated/ justified price excluding GST (only estimated price in case of mining tenders) +
applicable GST including GST Compensation Cess, if any, taking into consideration Input tax credit, if
applicable] + 10%
g) The L1 price / Start Bid price is cost to the company price on which the auction will be initiated. At the end of
reverse auction, the L1 bidder has to submit break up of prices conforming to the lowest landed rate quoted
by him in the reverse auction.
h) Decremental Value: The decrement value will be 0.5 % of the start bid price. The reduction by the bidder
shall have to be made as per decrement value or in multiple thereof. The Maximum seal percentage will be
fixed as 2% of start bid price / last quoted price during reverse auction, whichever is lower.
In order to have ease of submission of reverse auction bid by the bidders, it is suggested that decrement value
may be rounded off to nearest value as under:
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i. For decrement values up to Rs.10/-, rounding off may be made to nearest rupee.
ii. For decrement values from Rs.11/- to Rs.100/-, rounding off may be made to nearest 10.
iii. For decrement value from Rs.101/- to Rs.1,000/-, rounding off may be made to nearest 100.
iv. For decrement value from Rs.1,001/- to Rs.10,000/-, rounding off may be made to nearest 1000 & so on...
For cases where the unit rate is low and quantum of item is huge, if the decrement value in terms of 0.5%
works out to be in paise and rounding off to nearest rupee, would be much higher than 0.5% of start bid value,
the unit of measurement may be adjusted in such a way so that decrement value may remain in the range of
0.5% or Rs.1/- whichever is higher.
For example, Tender for any item, whose unit of measurement is in KG and having low unit rate may be invited
in terms of 10 KG or 100 Kg, as may be considered appropriate, as unit of measurement.
i) System protects bid and bidder information till auction gets over and displays current L1 price to the bidder in
auction dashboard.
j) System provides bidder details along with bid documents at the end of reverse auction process only.
k) The log details of the entire reverse auction process will be generated by the system once the process of
reverse auction is completed.
l) If a bidder does not submit his bid in the Reverse Auction, the price quoted by him in the price bid shall be
considered as the valid price of that bidder. The status of the bidder (L1, L2, etc.) will be evaluated considering
either the bid price submitted in Reverse auction or the Price quoted in the price bid, whichever is lower.
m) Since, reverse auction is a sequel to e-tender, the process of finalizing the tender upon completion of reverse
auction will be same as the tender process without reverse auction.
n) Only the chronologically last bid submitted by the bidder till the end of the auction shall be considered as the
valid price bid of that bidder. Any bid submitted earlier by the bidder prior to submission of his last bid will not
be considered as the valid price bid.
o) Server time shall be the basis of Start time & Closing time for bidding and shall be binding for all. This would
be visible to all concerned.
p) On expiry of the closing of the auction, the bid history showing all the last valid bids offered along with name
of the bidders shall be published. All bidders shall have the facility to see and get a print of the same for their
record.
q) The bid history shall reflect only the landed price. The landed price shall also not be same for two bidders
even if any bidder makes such an attempt.
r) All electronic bids submitted during the reverse auction process shall be legally binding on the bidder. The
chronologically last bid submitted by the bidder till the end of the auction will be considered as the valid price
bid offered by that bidder and acceptance of the same by CMPDIL will form a binding contract between
CMPDIL and the bidder for entering into a contract. Any bid submitted earlier by the bidder prior to submission
of his last bid will not be considered as the valid price bid.
s) Conditional discounts shall not be considered. If a bidder offers a discount unilaterally after submission of bid,
the discount will not be considered for evaluation of offers but will be availed if order is placed on such tenderer.
t) At the end of the reverse auction, the bidder(s) who has participated in the reverse auction has to upload the
breakup of Cost to Company prices in the confirmatory documents. In case of item rate composite works
tenders, the reverse auction will be conducted on the composite cost to company price.
u) The bidder(s) after reverse auction will be responsible to ensure that the cost to company rate as per the
breakup of prices provided by him after the reverse auction and cost to company rate offered by him in the
reverse auction is exactly same. The bidder will not be allowed to increase the rate of any item while submitting
the break up. While giving the break up, the bidder will have to consider same rate of taxes and duties as
quoted while submitting the e-price bid. In case the bidder(s) fail(s) to submit the break-up of cost to company
price within stipulated period or the break up given by bidder does not match with total offered price, the
Company will be at liberty to place order by proportionately reducing item rates on the basis of the breakup of
the e-Price Bid submitted by the bidder along with the initial offer and the same will be binding on the bidder.
v) If the lowest price received during reverse auction is unreasonable or it is unacceptable on ground of being
too high or too low compared with estimated price, the management reserves right to seek justification of the
price from lowest bidder. If the price is not considered reasonable, management may not accept such bid and
go for another tender process.
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w) In case of disruption of service at the service provider's end while the RAP is online, due to any technical snag
or otherwise attributable to the system failure at the server end, the RAP process will start all over again. In
such a situation, the last recorded lowest price of prematurely ended RAP, will be the 'Start Bid' price for the
restarted RAP. The prices quoted in the prematurely ended RAP will be binding on all the bidders for
consideration, if the restarted RAP does not trigger within the stipulated time. A provision to this effect should
be made in the NIT.
Disruption and restarting of RAP shall be intimated to all the bidders through system/SMS/e- mail through e
procurement portal. All the time stipulations of normal RAP will be applicable to the restarted RAP.
16.3 Evaluation by System: The e-Procurement System will evaluate the Technical bids automatically on the basis of
relevant data provided by bidder through a form in an objective and structured manner while submitting bid. If the
parameter given by bidder in objective and structured manner does not confirm to required eligibility criteria as
specified in the tender document then the bid will be automatically rejected by the system. The system will
automatically upload the technical opening summary and technical evaluation summary.
Acceptance of Bidder in a general form of online declaration will be recognized and accepted as the certification
regarding authenticity of all the information and documents furnished by them online and acceptance of all terms and
conditions of the bid document, since such acceptance by Bidder with Digital Signature Certificate is legally tenable.
16.4 Tender / Tender cum auction evaluation (By Evaluator):
A. After opening of Price-bid(after finishing reverse auction in case of tender cum auction), the documents
submitted by L-1 bidder in cover I as enlisted in the NIT will be downloaded by the Evaluator and shall be put up
to the Tender Committee. The Tender Committee will examine the uploaded documents against
information/declarations furnished by the L1 bidder online. If it confirms to all of the information/ declarations
furnished by the bidder online and does not change the eligibility status of the bidder then the bidder will be
considered eligible for award of Contract.
B. In case the Tender Committee finds that there is some deficiency in uploaded documents by L1 bidder then the
same will be specified online by Evaluator clearly indicating the omissions/shortcomings in the uploaded
documents and indicating start date and end date allowing 10 days (10 x 24 hours) time for online re-submission
by L1 bidder. The L-1 bidder will get this information on their personalized dash board under “Upload confirmatory
document” link. Additionally, information shall also be sent by system generated email and SMS, but it will be
the bidder’s responsibility to check the updated status/information on their personalized dash board regularly
after opening of bid. No separate communication will be required in this regard. Non-receipt of e-mail and SMS
will not be accepted as a reason of non-submission of documents within prescribed time. The bidder will upload
the scanned copy of all those specified documents in support of the information/ declarations furnished by them
online within the specified period of 10 days. If the L1 bidder fails to submit the specified document/s in 10(Ten)
days, 10 more days (10 x 24 hours) of time may be given by Evaluator clearly indicating the
omissions/shortcomings in the uploaded documents and indicating start date and end date for submission of
such document/s.
C. The tender will be evaluated on the basis of documents uploaded by L-1 bidder online. The L-1 bidder is not
required to submit hard copy of any document through offline mode. Any document submitted offline will not be
given any cognizance in the evaluation of tender.
D. In case the L-1 bidder submits requisite documents online as per NIT, then the bidder will be considered eligible
for award of Contract. .
E. In case the L-1 bidder fails to submit requisite documents online as per NIT or if any of the information /
declaration furnished by L-1 bidder online is found to be wrong by Tender Committee during evaluation of
scanned documents uploaded by bidder, which changes the eligibility status of the bidder, then his bid shall be
rejected and 100% EMD of L-1 bidder will be forfeited.
F. In case the L1 bidder is technically eligible but rejection is due to high rate quoted by him/her then the tender
shall be cancelled and retendered.
G. In case the L1 bidder is rejected due to noncompliance of confirmatory documents then the L-2 bidder will
become L-1 bidder and confirmatory documents of this bidder shall be evaluated by TC and the process shall
be followed as mentioned in clause no. A to F above.
H. The process as mentioned at Clause. G shall be repeated till the work is either awarded or all the eligible bidders
are exhausted.
I. In case none of the bidder complies the technical requirement, then re-tender will be done (with the same or
different quantity, as per the instant requirement).
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J. It is responsibility of Bidders to upload legible/ clearly readable scanned copy of all the required documents as
mentioned above.
K. Penal Provisions: If the L-1 bidder happens to be defaulter upon verification of documents uploaded, 100% EMD
of defaulting bidders will be forfeited.
Note: The penal provisions will be squarely applicable to all those firms whose documents are examined on
account of treating them as L1 successively.
16.5 The Tender Committee will recommend for award of work to the successful bidder after evaluating their technical
eligibility based on the computer generated evaluation sheets followed by evaluation of the scanned documents
uploaded by L-1 bidder in support of the information furnished by them online and after evaluation of the
reasonableness of L-1 rates. The reasonableness of rates will be evaluated as per the provisions of Manual of CIL
and other guidelines issued from time to time.
The approval for award of work to L-1 bidder will be accorded by the competent authority as per Delegation of Power
based on the TC recommendation.
16.6 After competent approval and financial concurrence of TCR, the work order to the L-1 bidder will be issued and the
scanned copy of the Work Order will be uploaded on the e-Procurement portal and simultaneously the original copy
will be sent to the bidder through registered/speed post.
16.7 Any tender hosted on the e-Procurement site must be logically concluded i.e. either Award of work is issued at AOC
page on e-Procurement portal in online mode or the tender is cancelled/ retendered online through corrigendum.
17. Purchase preference to “Micro & Small Enterprises (MSEs)”, “START-Ups” & “Make in India” will be applicable
as per Government of India guidelines issued from time to time subject to the following:
a) Meeting Work Experience as per clause 9.1 (A) & 9.1 (B) of NIT
b) Quoting Price within band of L1+15% and accepting L1* price wherever L1 is quoted by someone others.
* L1 price is the lowest price of the Techno-Commercially Qualified bidder received after the Reverse Auction (RA)
For the Tender valuing less than Rs 1 Crore, where RA is not applicable, the L1 price is the lowest price quoted
By the Techno-Commercially qualified bidder.
18. Abnormally high rate (AHR) & Abnormally low rate ( ALR) items:
If the bid of the successful bidder is seriously unbalanced in relation to the company’s estimate of the cost of the
work to be performed under the contract, the employer may require the bidder to produce detailed price analysis for
any or all items of the bill of quantities, to demonstrate the internal consistency of those prices with the methods and
scheduled proposed.
Additional Performance Security shall be applicable if the bid price is below 15% of the estimated cost put to tender.
The amount of such additional performance security shall be the difference between 85% of the estimated cost put
to tender and quoted price.
Additional Performance Security shall be furnished by bidder along with normal performance security. Failure to
submit such additional performance security may result into termination of the contract.
This Additional Performance Security will not carry any interest and shall be released in the following manner.
i. 30% of additional performance security will release after 60% of the total work is completed.
ii. 50% of additional performance security will release after 80% of the total work is completed.
iii. 100% of additional performance security will release after total work is completed.
Additional performance security may be furnished in any of the forms as applicable for performance security.
19. EMD Refund:
a. If EMD is paid by the bidder in online mode (Direct Debit / NEFT / RTGS) then the EMD of rejected bidders will
be refunded at any stage directly to the account from where it had been received (except the cases where EMD
is to be forfeited).
b. No claim from the bidders will be entertained for non-receipt of the refund in any account other than the one from
where the money is received.
c. If the refund of EMD is not received by the bidder in the account from which the EMD has been made due to any
technical reason then it will be paid through conventional system of e-payment. For this purpose, if required,
Tender Inviting Authority will obtain the Mandate Form from the Bidder.
d. In case the tender is cancelled then EMD of all the participating bidders will be refunded unless it is forfeited by
the department.
e. If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender) then his / her EMD
will be refunded automatically after the opening of tender.
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f. The EMD of successful bidder (on Award of Contract) will be retained by CMPDIL and will be adjusted to
Performance Security Deposit.
g. Bid Security of bidder will not carry any interest during the period of retention in CMPDIL.
20. Bid Extension: If number of bids received online is found to be less than three on end date of bid submission then
the following critical dates of the Tender will be automatically extended initially for a period of 2 (Two) days and if the
number of bids still remains less than three then for another 5 (Five) days:
i) Last date of submission of Bid
ii) Last date of receipt of EMD
iii) Bid Opening date.
21. Cancellation of Tender: Any tender published on the e-Procurement portal must be concluded to its logical end
i.e. either “Award of Contract” or “Cancellation of Tender” or “Retender”.
It will be the responsibility of the Publisher of tender to conclude the published tenders to its logical end within the
original bid validity period.
Tenders should be cancelled only under exceptional cases with due approval of Tender Approving Authority. In case
of tenders where Board of Directors of CMPDIL is the Tender Approving Authority, in such cases the approval of
CMD, CMPDIL will be required. However, for cancellation of Tender due to non-receipt of any bid, no approval will
be required.
In all such cases the Tender Cancellation Notice must contain the details of the circumstances leading to cancellation
of tender.
The Cancellation of Tender on the e-Procurement portal can be done by way of creation and publication of
corrigendum. However, since Cancellation of Tender, in true sense, is not a Corrigendum to NIT, the Tender
Cancellation Notice will be uploaded only on the e-Procurement portal.
22. All the details of technical bid and price bid will be kept preserved in the archives for auditing purposes and the same
can be accessed with special authorization. The IP address of all the bidders who has participated in the bid along
with timing and date will also be kept preserved in the system.
23. The processes for entering into the agreement with the successful bidder will be done offline as per the prevailing
manual system. However, the documents required to be submitted by contractor for executing the agreement will be
specified in the Tender document (Annexure-IX).
24. The Company reserves the right to postpone the date of receipt and opening of tenders without assigning any reason
whatsoever.
25. The Company reserves its right to allow Public Enterprises purchase preference facility as admissible under
prevailing policy.
26. Subletting/Sub-vending No subletting of work as a whole by the contractor is permissible. Subletting of work in
piece rated jobs is permissible with the prior approval of the department. The contractor or his sole authorized agent
shall be the sole point of contact for all purposes of the contract. The contractor will have the sole and prime
responsibility for the execution of the statement of work. The prime contractor shall confirm unconditional acceptance
of full responsibility of executing the scope of work in this tender. The confirmation should be submitted along with
the techno-commercial bid. The Contract Agreement will specify major items of supply or services for which the
contractor proposes to engage sub-contractor/sub-vendor.
The contractor may from time to time propose any addition or deletion from any such list and will submit proposals
in this regard to the Engineer-in -Charge/Designated Officer-in-charge for approval well in advance so as not to
impede the progress of work. Such approval of the Engineer-in-Charge/Designated Officer-in-Charge will not relieve
the contractor from any of his obligations, duties and responsibilities under the contract.
27. The Company does not bind itself to accept the lowest tender and reserves the right to reject any or all the tenders
without assigning any reasons whatsoever and to split up the work between two or more tenderers or accept the
tender in part and not in its entirety.
28. Matters relating to any dispute or difference arising out of this tender and subsequent contract awarded based on
this tender shall be subject to the jurisdiction of District Court, where the subject work is to be executed.
29. Site Visit: The Bidder, at the Bidder’s own responsibility, cost and risk, is encouraged to visit and examine the Site
of works and its surroundings on CMPDIL’s specified date and obtain all information that may be necessary for
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preparing the Bid and entering into a contract for execution of the works. The cost of visiting the Site shall be at the
Bidder’s own expense.
CMPDI officials shall be available at site to assist the bidders during site visit.
It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the working conditions and
other prevalent conditions and fluctuations thereto whether he actually visits the site/area or not and has taken all
the factors into account while quoting his rates.
30. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible and liable for those costs.
31. Change in Constitution of the Contracting Agency:
Prior approval in writing of the Company shall be obtained before any change is made in the constitution of the
contracting agency, otherwise it will be treated as a breach of Contract.
32. Canvassing in connection with the tenders in any shape or form is strictly prohibited and tenders submitted by such
tenderers who resort to canvassing shall be liable for rejection.
33. The tenderer shall closely study all specifications in detail, which govern the rates for which he is tendering.
34. Currencies of Bid and Payment:
The unit rates and prices shall be quoted by the Bidder in Indian Rupees only in case of domestic bidders
and in other specified currencies [viz. US Dollar (USD), Japanese Yen (JPY), EURO (EUR), Australian Dollar
(AUD) and Great Britain Pound Sterling (GBP)] in case of foreign bidders only.
35. Period of Work:
The work should be completed in and the date of commencement of the work will be reckoned from the actual date
of issue work order or handing over the relevant document to the contractor for preparation of Exploration
Scheme, whichever is later.
36. Commencement of Work:
The work should be completed within the stipulated period and the date of commencement shall be reckoned from
the next working day of issue of work order or handing over the relevant document to the contractor for
preparation of Exploration Scheme, whichever is later.
On completion of the work all rubbish, debris, brick bats etc. shall be removed by the contractor(s) at his/their own
expense and the site cleaned and handed over to the company and he/they shall intimate officially of having
completed the work as per contract.
37. Deployment of Manpower and Machineries:
The tenderer(s) will deploy sufficient number and size of equipment /machineries/vehicles and the technical/
supervisory personnel required for execution of the work.
38. Letter of Acceptance (LOA)/ Work Order/ Agreement:
The Bidder, who’s Bid has been accepted, will be notified of the award on-line and also by registered post/speed
post by the employer prior to expiration of the bid validity period. The L-1 bidder will get the information regarding
award of work on their personalized dash-board on-line. On receipt of Letter of Acceptance (LOA)/Work Order of the
tender issued by the Company, the successful tenderer shall execute contract agreement in the company's
prescribed form for the due fulfillment of the contract. Failure to enter into the required contract within the specified
period in the work order shall entail cancellation of LOA/work order and forfeiture of the Earnest Money. The written
contract to be entered into between the contractor and the company, shall be the foundation of the rights of both the
parties and the contract shall not be deemed to be executed until the contract is signed by both the parties i.e.
Contractor and the Company.
39. Validity of offer:
The validity period of the tenders shall be 120 (One Hundred Twenty) days from the end date of bid submission.
In exceptional circumstances, prior to expiry of the original time limit, the Employer may request the bidders to extend
the period of validity for a specified additional period. The employer’s request and the bidder’s responses shall be
made in writing. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request
will not be required or permitted to modify his bid but will be required to extend the validity of his bid security/EMD.
The tenderer shall not, during the said period or within the period extended by mutual consent, revoke or cancel his
tender or alter the tender or any terms/conditions thereof without consent in writing of the company. In case the
21
tenderer violates to abide by this, the Company will be entitled to take action as per Clause No. 12 (Modification and
Withdrawal of Bid) of NIT.
40. One Bid per Bidder:
Each Bidder shall submit only one Bid, either individually, or as a partner in a partnership firm or a partner in a Joint
Venture or a public limited firm. A Bidder who submits or participates in more than one Bid (other than as a sub-
contractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the
Bidder’s participation to be disqualified.
41. This Tender Notice shall be deemed to be part of the Contract Agreement. The “General Terms & Conditions”,
Additional Terms & Conditions, Special Terms & Conditions (if any), Technical Specifications, drawings (if any) and
any other document uploaded on portal as NIT document forms an integral part of this NIT and shall also form a part
of the Contract agreement.
42. Performance Security shall be 5% of the contract amount and is to be submitted within 28 days of receipt of Letter
of Acceptance (LOA) / Work Order, by the successful bidder, in any of the form given below:
a A Bank Guarantee in the form given in the Bid Document. The Bank Guarantee shall be issued by a Scheduled
Bank / Nationalized Bank on SFMS platform and shall be irrevocable and unconditional. CMPDI shall have the
powers to invoke it notwithstanding any dispute or difference between contractors and CMPDI pending before
the court, tribunal, arbitrator or any other authority. The Issuing Bank have to send the BG details through SFMS
platform to our bank the details of which are as below:
Name of Bank: State Bank of India,
Branch: CMPDI Branch,
IFSC: SBIN0005598
A/c No: 10106155087
Address: Gondwana Place, Kanke Road, CMPDIL Campus, Ranchi – 834008.
b Govt. Securities, FDR or any other form of deposit stipulated by the owner.
c Money (Demand Draft) drawn in favour of CMPDI on any Scheduled Bank payable at its branch at RANCHI.
d The Earnest Money / Bid Security deposited shall be discharged when the bidder has signed the agreement and
furnished the required Performance Security / Security Deposit equivalent to the 5% of the contract value.
e If performance security is provided by the successful bidder in the form of Bank Guarantee it shall be issued
either –
(i) at bidder’s option by a Nationalized / Scheduled Indian Bank or
(ii) by a foreign bank located in India and acceptable to the employer.
The validity of the Bank Guarantee shall be for a period of 90 (ninety) days PLUS the contract period or extended
contract period whichever is later.
f Failure of the successful bidder to comply with the requirement as above shall constitute sufficient ground for
cancellation of the award of work and forfeiture of the Bid Security.
g Retention money will be deducted at 5% from the bill that would be submitted by the contractor for the work done
against the work order given in that particular year. Retention money of 5% deducted from the bills shall be
refunded
h The Company shall be at liberty to deduct / appropriate from the Security Deposit such sums as are due and
payable by the contractor to the Company as may be determined in terms of the contract, and the amount
appropriated from the Security Deposit shall have to be restored by further deduction from the contractor’s
subsequent on account running bills, if any.
i If security deposit is submitted in the form of ‘Bank Guarantee’ the original instrument thereof shall be
retained by CMPDI after its relinquishment / absolution and returned only against specific request.
j The refund of Security Deposit shall be subject to Company’s right to deduct / appropriate its due against the
contractor under this contract or under any other contract.
43. Additional Performance Security
Additional Performance Security shall be in accordance with the Clause 18 of NIT, and is to be submitted within 28
days of receipt of Letter of Acceptance (LOA) / Work Order, by the successful bidder, in any of the form given below:
a. A Bank Guarantee in the form given in the Bid Document. The Bank Guarantee shall be issued by a Scheduled
Bank / Nationalized Bank on SFMS platform and shall be irrevocable and unconditional. CMPDI shall have the
powers to invoke it notwithstanding any dispute or difference between contractors and CMPDI pending before
the court, tribunal, arbitrator or any other authority. The Issuing Bank have to send the BG details through SFMS
platform to our bank, the details of which are as follows:
22
Name of Bank: State Bank of India,
Branch: CMPDI Branch,
IFSC: SBIN0005598
A/c No: 10106155087
Address: Gondwana Place, Kanke Road, CMPDIL Campus, Ranchi – 834008.
b. Govt. Securities, FDR or any other form of deposit stipulated by the owner.
c. Money (Demand Draft) drawn in favour of CMPDI on any Scheduled Bank payable at its branch at RANCHI.
d. If Additional Performance Security is provided by the successful bidder in the form of Bank Guarantee it shall be
issued either –
(a) at bidder’s option by a Nationalized / Scheduled Indian Bank or
(b) by a foreign bank located in India and acceptable to the employer.
e. The validity of the Bank Guarantee shall be for a period of 90 (ninety) days PLUS the contract period or extended
contract period whichever is later.
f. If security deposit is submitted in the form of ‘Bank Guarantee’ the original instrument thereof shall be
retained by CMPDI after its relinquishment / absolution and returned only against specific request.
g. Failure of the successful bidder to comply with the requirement as above shall constitute sufficient ground for
cancellation of the award of work and forfeiture of the Bid Security.
44. In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any other charges (Except EMD) from
the supplier / vendor, the same will be recovered along with the applicable GST and the amount shall be adjusted
with the payment to be made to the supplier / vendor against their bill / invoice or any other dues.
45. Employment of Local Labour:
a) Contractors are to employ, to the extent possible, only local project affected people and pay wages not less
than the minimum wages fixed by the local Government.
b) If a contractor submit his bid qualifies and does not get the contract because of his being not the lowest, he,
will be prohibited from working as a sub-contractor for the contractor who is executing the contract.
46. Non-disclosure/ Confidentiality clause:
The bidder will not at any time during pendency of contract or afterwards, disclose to any person any information as
to documents, components, parts, information, drawings, data, sketches, plans, programs, specifications,
techniques, processes, software, inventions and other materials, both written and oral, of a secret, confidential or
proprietary nature, including without limitation any and all information relating to finance , invention, research, design
or development of information system and any supportive or incidental subsystems, and any and all subject matter
claimed in or disclosed by any patent application prepared or filed by or on behalf of CMPDI, in any jurisdiction, and
any amendments or supplements thereto. The bidder should understand that any breach of this clause would
constitute a serious offence for which appropriate legal action may be taken to ensure the enforcement of
confidentiality clause.
CMPDI also desires that the bidder shall hold in trust and confidence, and not disclose to others or use for its own
benefit or for the benefit of other, any Proprietary Information which is disclosed to the bidder by CMPDI at any time
during the agreement / award of work / execution of work and thereafter. The bidder shall disclose Proprietary
Information received under the contract to person within its organization only if such persons (i) have a need to know
and (ii) are bound in writing to protect the confidentiality of such Proprietary Information. This clause shall survive
and continue after any expiration or termination of the contract and shall bind the contractor, its employees, agents,
representatives, successors, heirs and assigns.
If services are not found satisfactory, CMPDI reserves the right to cancel the contract within three-months.
47. Prohibition of Child Labour engagement:
The contractor/contractual Agencies must not engage any Child Labour during the course of execution of the contract
work within the meaning and scope of the Child Labour Prohibition & Regulation Act-1986 and its relevant Act and
Rules amended from time to time by the Govt. of India.
48. Compliance of Applicable Labour Laws:
a. The contractor shall abide by the rules & regulations of Labor’s Laws applicable in their case relating to weekly
holidays, overtime allowance, leave with wages and compensatory holidays etc.
b. The contractor shall strictly implement all relevant provisions enumerated under Contract Labour (Regulation &
Abolition) Act. 1970 and will submit all statutory documents and records as applicable to concerned authorities
23
and shall take full responsibility for obtaining labour license from Central/State Authority as per the Act.
He/she/they will also ensure timely submission of statutory returns as applicable in their case.
c. The contractor shall not pay less than the specified category of minimum wages to the labour engaged by
him/her/them as per Minimum Wages Act, 1948 notified by the State Govt. or Central Govt. whichever is higher
and as may be in force and the payment has to be released under the Payment of Wages Act 1936. In this
matter the decision of the department shall be final and binding. The contractor shall provide benefits / facilities
to its employees in accordance with the applicable laws to this locality i.e. Jharkhand. CMPDI shall be kept
completely indemnified against any liability and consequences thereof. The contractor will be responsible to
maintain records/documents pertaining to payment of wages to its workmen as desired by State/Central Govt.
Laws including Payment of Wages Act, 1936, Equal Remuneration Act, 1976 & Payment of Bonus Act 1965.
d. The Contractor should maintain all records in Hindi or English as per the provision made in the various statutes
including Contract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour (Regulation & Abolition)
Central Rules, 1971, Minimum Wages Act, 1948, Workmen Compensation Act, 1923, Employees State
Insurance/Act, 1948 etc. and latest amendment thereof. Such records maintained by the contractor shall be
open for inspection by the Engineer-in-charge or by the nominated representative of the Principal Employer.
e. The contractor will strictly regulate the terms of employment of his/her/their employees and manage the
discipline as per Industrial Employment (standing orders) Act. 1946.
f. The contractor shall get himself registered under Employees Provident Funds/ Coal Mine Provident Fund, ESI
and miscellaneous provisions registration no. or Code no. allotted for the specific establishment within
reasonable time and submit the same to the employer, which are to be obtained before payment of 1st on a/c
bill. The contractor shall maintain records/document in compliance with the payment of bonus Act 1965.
g. The contractor shall be solely responsible for the payment of wages, including overtime wages to the workmen
and ensure its timely payment thereof through Bank.
h. The Contractor shall abide the rules and regulations of Pradhan Mantri Suraksha Yojana.
i. The contractor or its workmen shall not at any point of time have any claim whatsoever against the CMPDI.
j. The contractor shall indemnify the CMPDI in so far as liability incurred by the CMPDI on account of any default
by the contractor.
k. Neither the contractor nor his workmen can be treated as employees of the CMPDI for any purposes. They are
not entitled for any claim, right, preference etc over any job/regular employment of the CMPDI.
l. If the contractor fails to discharge his duties or neglects to perform the work agreed to done under the
agreement, the CMPDI is entitled to terminate this agreement as per clause and get the work done by / through
other means and claim reimbursement of actual expenses incurred and also damages for the loss incurred on
account of failure on the part of the contractor to discharge the duties or to perform the work under the
agreement.
m. The Contractor shall in addition to any indemnity provided by the relevant clauses of the agreement or by law,
indemnify and keep indemnified, the CMPDI against all claims, damages or compensation under the provisions
of Payment of Wages Act, 1936, Minimum Wages Act, 1948, Employer's Liability Act, 1938, Workmen’s'
Compensation Act, 1923, Employees provident fund, Employees State Insurance or any modification thereof
or any other law relating thereto and rules made there under from time to time, as may be applicable to the
contract which may arise out of or in consonance of the construction or maintenance or performance of the
work under the contract and also against costs, charges and expenses of any suit, action or proceedings arising
out of any accident or injury or death.
49. Splitting up of the work:
The Company does not bind itself to accept the lowest tender and reserves the right to reject any or all the tenders
without assigning any reasons whatsoever and to split up the work between two or more tenderer(s) or accept the
tender in part and not in its entirety.
50. Settlement of Disputes:
It is incumbent upon the contractor to avoid litigation and disputes during the course of execution. However, if such
disputes take place between the contractor and the department, effort shall be made first to settle the disputes at the
company level.
The contractor should make request in writing to the Engineer-in-charge for settlement of such disputes/ claims within
30 (thirty) days of arising of the cause of dispute/ claim failing which no disputes/ claims of the contractor shall be
entertained by the company.
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Effort shall be made to resolve the dispute in two stages.
In first stage dispute shall be referred to GM / HoD of the concerned department for the tenders of HQ and to the
Regional Director of the respective Regional Institute of CMPDIL for the tenders of RIs. If difference still persist the
dispute shall be referred to a committee constituted by the owner. The committee shall have one member of the rank
of Director of the company who shall be chairman of the committee.
If differences still persist, the settlement of the dispute shall be resolved in the following manners:
“In the event of any question, dispute or difference arising under these terms & conditions or any condition
contained in this contract or interpretation of the terms of, or in connection with this Contract (except as to any
matter the decision of which is specially provided for by these conditions), the same shall be referred to the sole
arbitration of a person, appointed to be the arbitrator by the Competent Authority of CIL / CMD of Subsidiary
Company (as the case may be). The award of the arbitrator shall be final and binding on the parties of this
Contract.”
a) In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any
reason, or his/her award being set aside by the court for any reason, it shall be lawful for the Competent
Authority of CIL / CMD of Subsidiary Company (as the case may be) to appoint another arbitrator in place
of the outgoing arbitrator in the manner aforesaid.
b) It is further a term of this contract that no person other than the person appointed by the Competent Authority
of CIL / CMD of Subsidiary Company (as the case may be) as aforesaid should act as arbitrator and that, if
for any reason that is not possible, the matter is not to be referred to Arbitration at all.
ii. In case of Govt. agencies, the redressal of disputes/ differences shall be sought through Sole Arbitration as
under.
Sole Arbitration:
“In the event of any dispute or difference relating to the interpretation and application of the provisions of the
commercial contract(s) between Central Public Sector Enterprises (CPSEs) / Port trusts inter-se and also
between CPSEs and Government Departments / Organizations (excluding disputes concerning Railways,
Income Tax, Custom & Excise Departments), such dispute or differences shall be taken up by either party for
resolution through AMRCD (Administrative Mechanism for Resolution of CPSEs Disputes) as mentioned in DPE
OM No. 4(1)/2013-DPE(GM)/FTS-1835 dtd. 22.05.2018”.
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53. Integrity Pact:
The Integrity Pact as per format given under General Terms & Conditions has to be accepted by the bidder
though the User Portal Agreement.
The Two Independent Monitor nominated for this tender shall be as under-
Prof (Dr.) L.C. Singhi, IAS (Retd.), Dr. S.M.Jharwal, IES (Retd.)
L-31 Third Floor, Flat No.501, Block-CIC-PKT-1,
Kailash Colony, New Delhi - 110 048 Samridhi Apartment, DDA HIG Flats-Gate-4,
Phone no. 91-11-29237274; Mobile no. Lift No. 9&10, Sector 18B, Dwarka, New Delhi-110078
+919968073976 Mobile No. 9871845431/9416295192
e-mail : lcsinghi@yahoo.com; lcsinghi@gmail.com e-mail : smjharwal@gmail.com & jharwal@nic.in
भवदीय
महाप्रबन्धक (गवेषण)
26
GENERAL TERMS AND CONDITIONS
1.0 DEFINITIONS
i. The word "Company'" or "Employer" or "Owner" or “CMPDI” wherever occurs in the conditions, means the
Central Mine Planning & Design Limited, represented at the headquarters of the Company by the Chairman-
cum-Managing Director or his authorized representative or any other officer specially deputed for the
purpose.
ii. The word "Contractor" wherever occurs means the successful Bidder who has deposited the necessary
Earnest Money and has been given written intimation about the acceptance of tender and shall include legal
representative of such individual or persons composing a firm or a company or the successors and permitted
assignees of such individual, firm or company, as the case may be and any constitutional, or otherwise
change of which shall have prior approval of the employer.
iii. "The Site" shall mean the site of the contract work viz. Detailed Exploration in the Mirzagaon Block,
Rajmahal Coalfield, Bhagalpur District in State of Bihar under Option-I (Drilling to GR) is being
carried out.
iv. The term "subcontractor", as employed herein, includes those having a direct contract with contractor either
on piece rate, items rate, time rate or on any other basis and it includes one who furnishes work to a special
design according to the plans or specifications of this work but does not include one who merely supplied
materials.
v. 'Accepting Authority' shall mean the management of the Company and includes an authorized
representative of the Company or any other person or body of persons empowered in this behalf by the
Company.
vi. A 'Day 'shall mean a day of 24 hours from midnight to midnight.
vii. Engineer-in-charge /Designated Officer-in-charge will be the Project Coordinator (PRCO). In all cases
PRCO will be General Manager (Exploration), CMPDI (HQ), Ranchi who will be responsible for supervising
and administrating the Contract, certifying payment due to the contractor, valuing variations to the contract,
awarding extension of time and valuing compensation events.
HoD (Exploration) of Regional Institute-II, Dhanbad will be the Project Manager who will be directly
responsible for supervising the work being executed at the site such as certifying the quantities, give
observation in the matter of valuing variations to the contract, awarding provisional extension of time and
valuing compensation for events on behalf of the PRCO after due deliberation with PRCO under the
Delegation of Powers of the Company.
However, overall responsibility, as far as the Contract is concerned will be that of the Engineer-in-charge/
Designated Officer-in-charge/ PRCO.
viii. The 'Contract' shall mean the Notice Inviting Tender, the tender as accepted by the Company and the formal
Agreement executed between the Company and the Contractor together with the documents referred to
therein including General Terms and Conditions, Special Conditions, if any, specifications, designs &
drawings including those to be submitted during progress of work, schedule of quantities with rates and
amounts.
ix. The 'works' shall mean the works required to be executed in accordance with the contract or parts thereof
as the case may be and shall include all extra or additional, altered or substituted works or any work of
emergent nature, which in the opinion of the Project Manager, become necessary during the progress of
the works to enhance the reliability of exploration.
x. 'Schedule of Rates' referred to in these conditions shall mean the standard schedule of rates prescribed by
the Company and the amendments issued from time to time.
xi. 'Contract Price' shall mean the total sum arrived at, based on the individual rates quoted by the Bidder for
the various items shown in the 'Bill of quantities' of the Tender Specification Documents as accepted by the
Company with or without any alteration as the case may be.
xii. 'Written Notice' shall mean a notice or communication in writing and shall be deemed to have been duly
served if delivered in person to the individual or to a member of the firm or to an office of the
Corporation/Company for whom it is intended, or if delivered at or sent by registered mail to the last business
address known to him who gives the notice.
xiii "Drawings"/"Plans" shall mean all:
(a) drawings/plans furnished by the owner with the Tender Specification Document, if any, as a basis for
proposals,
(b) working drawings/plans furnished by the Owner after issue of letter of acceptance of the tender to start
the work,
c) subsequent working drawings/plans furnished by the owner in phases during progress of the work, and
d) drawings/plans, if any, submitted by the contractor and duly approved by the owner.
27
xiv. "Codes" shall mean the following, including the latest amendments, and/or replacements, if any:
(a) Bureau of Indian Standards relevant to the works under the contract and their specifications.
(b) Indian Electricity Act and Rules and Regulations made thereunder.
(c) Indian Explosive Act and Rules and Regulations made thereunder.
(d) Indian Petroleum Act and Rules and Regulations made thereunder.
(e) Indian Mines Act and Rules and Regulations made thereunder.
(f) Any other Act, rule and regulations applicable for employment of labour, safety provisions, payment of
provident fund and compensation, insurance etc.
2.1 After acceptance of tender and on execution of contract/issue of work order to proceed with the work, as
the case may be, the Contractor shall be furnished, free of charge, two copies of contract documents
(certified true copies), excepting those drawings to be supplied during the progress of work. The Contractor
shall keep copy of these documents on the site/place of work in proper manner so that these are available
for inspection at all reasonable times by the Project Manager or any other official authorized by the Company
for the purpose.
2.2 None of these documents shall be used by the Contractor for any purpose other than this contract and the
Contractor shall ensure that all persons employed for this contract strictly adhere to this and maintain
secrecy, as required of such documents.
2.3 Matter relating to any dispute or difference arising out of this tender and subsequent contract awarded based
on the Bid shall be subject to the jurisdiction of Ranchi Court only.
The documents forming part of the contract are to be treated as mutually explanatory of one another and in
case of discrepancy between schedules of quantities, the specifications and/or drawings; the following order
of preference shall be observed:
a. Description in schedule of quantities
b. Particular specification and special conditions, if any
c. Drawings / Work Programme / Agreement
d. General Specification
3.1 In the event of varying or conflicting provisions made in any of the document/documents forming part of the
contract, the Accepting Authority's decision/clarification shall hold good with regard to the intention of the
document or contract, as the case may be.
3.2 Any error in description, quantity or rate in schedule of quantities or any omission therefrom, shall not vitiate
the contract or release the Contractor from discharging his obligations under the contract including execution
of work according to the drawings and specifications forming part of the particular contract document.
4.2 Performance Security shall be 5% of contract amount and shall be submitted within 28 days of receipt of
LOA by the successful Bidder in any of the form given below:
- A Bank Guarantee in the form given in the Tender Specification Document
- Govt. Securities, FDR or any other form of deposit stipulated by the owner
- Demand Draft drawn in favour of Central Mine Planning & Design Institute Ltd on any
Scheduled Bank payable at its Branch at Ranchi.
The Bid security deposited in the form of Bank Guarantee shall be duly discharged and returned to the
contractor. The Bid security deposited in the form of Demand draft shall be adjusted against the security
deposit.
4.3 If performance security is provided by the successful Bidder in the form of bank guarantee it shall be issued
either -
(a) at Bidder’s option by a nationalized/Scheduled Indian Bank or
(b) by a foreign bank located in India and acceptable to the employer.
(c) the validity of the Bank Guarantee shall be for a period of one year or ninety days beyond the
period of contract, whichever is more.
4.4 Failure of the successful Bidder to comply with the requirement as above shall constitute sufficient ground
for cancellation of the award of work and forfeiture of the Bid security.
4.5 The rates and prices quoted by the Bidder shall attract price escalation as provided in Additional Terms and
Conditions.
4.6 5% Performance Security shall be refunded within 14 days of the issue of comments by CMPDI on the
acceptable draft geological report (DGR) submitted by the successful Bidder, not requiring major
modifications, which is to be taken as “defect liability certificate” (taking over certificate with a list of defects).
5% Retention Money shall be refunded within 14 days of acceptance of the Final Geological Report
submitted by the Bidder.
4.7 Refund of security deposit - The refund of security deposit shall be subject to company's right to
deduct/appropriate its dues against the contractor under this contract or under any other contract. On
completion of the entire work and certified as such by the Project Manager and vetted by PRCO, one half
of the security deposit remaining with the company shall be refunded. The other half shall be refunded after
acceptance of the final GR submitted by the Bidder.
The quantities given in the 'Price Bid Format' are provisional and are meant to indicate the approximate
extent of the work and to provide a uniform basis for tendering and any variation either by addition or
omission by Company shall not vitiate the contract.
5.1 The Company through its PRCO shall, without radically changing the original scope and nature of the
contracted work, have power to make any alterations in or additions to or substitution of the approved
exploration scheme that may appear to be necessary or advisable during the progress of the work. The
contractor shall be bound to carry out the works in accordance with the instructions given to him in writing
by the PRCO or his representative on behalf of the company. Such altered or additional or substituted work,
which shall form part of the original contract, shall be carried out by the contractor on the same conditions
in all respects on which they agree to do the main work and at the same rate/rates as are specified in the
contract.
5.2 If the additional, altered or substituted work includes any class of work for which no rate/rates is/are specified
in the contract, rates for such items shall be determined by the PRCO as follows:
a. the rate shall be derived from the rate/rates for similar or near similar class of work as is/are specified in
the contract/tender, failing which
b. the rates shall be derived from the company's prescribed schedule of rates based on which the estimate
for tendering has been prepared plus or minus the percentage by which the tendered amount for the whole
29
work quoted by the contractor is above or below the estimated amount as per the Tender Specification
Documents, failing which
c. the rate shall be derived from contractor's rate claimed for such class of work supported by analysis of
the rate/rates claimed by the contractor. The rate to be determined by the PRCO as may be considered
reasonable taking into account percentage of profit and overhead not exceeding ten percent or on the basis
of market rates, if any, prevailing at the time when work was done.
However, the PRCO shall be at liberty to cancel the instruction by notice in writing and to arrange to carry
out the work in such manner as he /she considers advisable under the circumstances. The contractor shall
under no circumstances suspend the work on the plea of non-settlement of rates.
5.3 Quantities are likely to vary by (+/-) 30% due to element of surprises inbuilt in any sub-surface exploration
such as (i) variation in expected depth of occurrence of target/potential seam (i.e. Borehole depth), (ii) areal
variation in potentiality of the seams requiring curtailment/enhancement/variation in geographical extent of
the block, (iii) variation in number/density of boreholes on account of complexity of the structural setup
revealed in course of exploration, etc.. Alterations in the quantities shall not be considered as a change in
the conditions of the contract nor invalidate any of the provision. Supplementary/ revised work order shall
be issued on the same rates and terms & conditions up to 30% above the ordered quantity. The duration of
the contract would be adjusted on pro rata basis for any increase/decrease in quantities.
5.4 The time for completion of the originally contracted work shall be extended by the Company in the proportion
that the additional work (in value) bears to the original contracted work (in value) as may be assessed and
certified by the Project Manager and vetted by PRCO.
5.5 The Company through its PRCO shall have power to omit any part of the work in case of non-availability of
a portion of the site or for any other reason and the contractor shall be bound to carry out the work in
accordance with the instruction given by the PRCO. No claim for omitting the part of the work or extra
charges/damages shall be made by the Contractor on these grounds.
5.6 In the event of any deviation being ordered which in the opinion of the contractor changes radically the
original scope and nature of the contract, the contractor shall under no circumstances suspend the work,
either original or altered or substituted, and the dispute/ disagreement as to the nature of deviation or the
rate/rates to be paid thereof shall be resolved separately with the Company.
5.7 In view of the change in the modalities of the cost estimation of such Block(s), in which Borehole having
depth of more than 600m, following modifications are envisaged:
The Bidder will submit their quotation w.r.t BASE RATE for drilling up to 600m only and the calculation for
incremental rate in each depth band beyond 600m will be done by system based on a pre-defined logic as
per following details:
The system will automatically multiply the above incremental rates with quantum of drilling envisaged in
each depth band and the sum of all the band will be the total cost for the block. The total drilling to be carried
out in each depth band will be defined in the ‘Salient features” (Annex. VII).
The above provision will be made in the BoQ and the final tender evaluation for arriving at the L1 bidder.
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6.0 TIME FOR COMPLETION OF CONTRACT - EXTENSION THEREOF, DEFAULTS & COMPENSATION
FOR DEL AY
The contractor has to mobilize its required resources immediately (within 30 days) from date of issue
of work order or handing over of relevant documents whichever is later.
6.1 If the Contractor, without reasonable cause or valid reason, commits default in commencing the execution
of the work within the aforesaid date, the Company shall, without prejudice to any other right or remedy, be
at liberty, by giving 15 days’ notice in writing to the contractor to commence the work, failing which to forfeit
the Earnest Money deposited by him.
Additionally, the Company will reserve the right to debar such defaulting Contractors from participating in
future Tenders for minimum period of one year.
6.2 If the Contractor fails to maintain the required progress in terms of the agreed time to complete the work as
per Tender Specification Document (TSD) and clear the site on or before the date of completion of contract
or extended date of completion, he shall without prejudice to any other right or remedy available under the
law to the Company on account of such breach, pay as compensation/ Liquidated Damages @ half percent
(1/2%) of the contract price per week of delay. The aggregate of such compensation/ compensations shall
not exceed 10 (ten) percent of the total value as shown in the contract.
The Monthly Progress Report(s) submitted by the Bidder and accepted by the Project Manager (or his
authorized representative) shall be the basis of assessment of the progress. The
provisional assessment of LD shall be done at an interval of 6 months (excluding month in which the work
has been awarded to bidder) and finally at the end of scheduled period of completion.
This will also apply to items or group of items for which separate period of completion has been specified.
The amount of compensation may be adjusted or setoff against any sum payable to the contractor under
this or any other contract with the company.
6.2.1 The company, if satisfied, that the works can be completed by the contractor within a reasonable time after
the specified time of completion, may allow further extension of time at its discretion with or without the levy
of L.D. In the event of extension granted being with L.D, the company will be entitled without prejudice to
any other right or remedy available in that behalf, to recover from the contractor as agreed damages
equivalent to half percent of the contract value of the works for each week or part of the week subject to a
ceiling of 10% of the contract price plus GST on forfeited amount.
6.2.2 The company, if not satisfied that the works can be completed by the contractor, and in the event of failure
on the part of the contractor to complete work within further extension of time allowed as aforesaid, shall be
entitled, without prejudice to any other right, or remedy available in that behalf, to rescind the contract.
6.2.3 The company, if not satisfied with the progress of the contract and in the event of failure of the contractor to
recoup the delays in the mutually agreed time frame, shall be entitled to terminate the contract.
6.3 In the event of such termination of the contract as described in clauses 6.2.2 or 6.2.3 or both, the company,
shall be entitled to recover L.D. up to ten percent (10%) of the contract value and forfeit the security deposit
made by the contractor besides getting the work completed by other means at the risk and cost of the
contractor.
The defaulter i.e. the Contractor who don’t commence the work after issue of LOA shall not be allowed to
participate in the retender for the same work.
6.4 Extension of date of completion - on happening of any events causing delay as stated here under, the
contractor shall intimate immediately in writing to the Project Manager with a copy to PRCO:
a. abnormally bad weather
b. serious loss or damage by fire or other causes related to 'Force Majeure Conditions'.
c. civil commotion, strikes or lockouts affecting any of the trades employed on the work
d. any other causes which, at the sole discretion of the company is beyond the control of the contractor.
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A "Hindrance Register" shall be maintained by both the Company and the Contractor at site to record the
various hindrances, as mentioned above, encountered during the course of execution; which will be
countersigned by the Project Manager or his authorized representative along with the representative of the
contractor.
The Contractor may request the company through Project Manager in writing for extension of time within 15
days of happening of such event causing delay stating also, if practicable, the period for which extension is
desired. The company may, considering the eligibility of the request, give a fair and reasonable extension
of time including reasonable mobilization time (if required for completion of work after Force Majeure event
is over) for completion of the work. Such extension shall be communicated to the contractor in writing by the
Company through the Project Manager/PRCO within one month of the date of receipt of such request.
The Contractor shall, however, use his best efforts to prevent or make good the delay by putting his
endeavors constantly as may be reasonably required of him to the satisfaction of the Project Manager.
6.5 Provisional extension of time may also be granted by the PRCO, after due recommendation of Project
Manager, during the course of execution, on written request for extension of time within 15 (fifteen) days of
happening of such events as stated above (Cl. 6.4), reserving the Company's right to impose/ waive penalty
at the time of granting final extension of time as per contract agreement.
6.6 When the period fixed for the completion of the contract is about to expire, the question of extension of the
contract may be considered at the instance of the Contractor or the Company or the both. The extension
will have to be by party's agreement, expressed or implied.
In case the Contractor does not apply for grant of extension of time within 15 (fifteen) days of hindrance
occurring in execution of the work and the Company wants to continue with the work beyond the stipulated
date of completion for reason of the work having been hindered, the PRCO, after due recommendation of
Project Manager, at his sole discretion can grant provisional extension of time even in the absence of
application from the Contractor. Such extension of time granted by the PRCO is valid provided the
Contractor accepts the same either expressly or implied by his actions before and subsequent to the date
of completion. Such extension of time shall be without prejudice to Company's right to levy compensation
under the relevant clause of contract.
6.7 Whenever time extension is given to the contractor for reasons for delay solely attributed to the company
(for all the cases including where higher prices have been awarded), price variation may have to be allowed
depending on the conditions of the contract. In order to determine the above, a hindrance register will be
maintained which will be jointly signed by both the parties at the time of periodical review meetings to be
held at least once in three months by the PRCO whose decision in this cases will be final. The delays will
be determined solely on the basis of this register, and that any refusal on the part of the contractor to sign
the register would mean that the delay, if it occurs will be solely attributed to him.
Hindrance register is signed by both the parties. The contractor should also be given permission to write his
observations/ disagreement in the register.
In case the contractor has a different opinion for hindrance and a dispute arises, then the matter would be
referred to the higher authority whose decision will be final and binding on the contractor & the decision to
be communicated within 15 days.
6.8.1 Force majeure is herein defined as any cause which is beyond the control of the Contractor or the Owner
as the case may be which they could not foresee or with a reasonable amount of diligence could not have
foreseen and which substantially affect the performance of the contract, such as:
(a) natural phenomena, including but not limited to floods, draughts, earthquakes and epidemics:
(b) acts of any government, including but not limited to war, declared or undeclared, priorities,
quarantines, embargoes,
Provided either party shall within fifteen (15) days from the occurrence of such a cause notify the other in
writing of such causes.
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6.8.2 (a) The successful bidder / contractor will advise, in the event of his having resort to this clause by a
registered letter duly certified by the local chamber of commerce or statutory authorities, the
beginning and end of the clause of delay, within fifteen days of the occurrence and cessation of such
Force Majeure condition . In the event of delay lasting over two months, if arising out of Force
Majeure, the contract may be terminated at the discretion of the Company.
(b) For delays arising out of Force Majeure, the successful bidder/ contractor will not claim extension in
completion date for a period exceeding the period of delay attributable to the causes of Force Majeure
and neither Company nor the bidder shall be liable to pay extra costs (like increase in rates, re-
mobilisation advance, idle charges for labour and machinery etc.) Provided it is mutually established
that the Force Majeure conditions did actually exist.
(c) If any of the Force Majeure conditions exists in the place of operation of the bidder even at the time
of submission of bid he will categorically specify them in his bid and state whether they have been
taken into consideration in their quotations.
6.8.3 The Contractor or the Owner shall not be liable for delays in performing his obligations resulting from any
force majeure cause as referred to and/or defined above. The date of completion will, subject to hereinafter
provided, be extended by a reasonable time even though such cause may occur after contractor's
performance of his obligations has been delayed for other causes.
7.1 The Contractor shall at his own expense, provide all materials required for the exploration and the rates
quoted by the contractor shall be inclusive of all materials required for completion of the exploration as
specified in the contract.
7.2 All materials, tools and plants brought to site by the contractor shall be deemed to be held in lieu by the
Company and the contractor shall not have the right to remove the same from the site, without the
permission of the Project Manager. The Company shall not however be liable for any loss, theft or damage
due to fire or other causes during this period of lien.
7.3 The Contractor shall bear the cost of loading, transporting to site, unloading, storing under cover as required,
etc., as may be necessary for the use and keeping the materials in good condition.
7.4 All charges on account of tax as applicable for the materials obtained for the works from any source shall
be borne by the contractor.
8.1 The Contractor shall carry out and complete the work in every respect in accordance with the contract and
shall ensure that the work conforms strictly to the drawings, specifications, instructions of the Project
Manager. The Project Manager may issue from time to time further drawings, detailed instructions/directions
in writing to the Contractor. All such drawings, instructions/directions shall be consistent with the contract
documents and should be reasonably inferable therefrom, along with clarifications/explanations thereof, if
necessary. However, the contractor will be solely responsible for design and erection of all temporary
structures required in connection with the work.
8.2 The Contractor shall be responsible for correct and complete execution of the work in a workmanlike manner
with right materials and equipment as per specification which shall be subject to the approval of the
company.
All work under execution in pursuance of the contract shall be open to inspection and supervision by the
Project Manager or any other official of higher rank or any other person authorized by the Company in this
behalf and the Contractor shall allow the same.
Except where any general or detailed description of the work in the bill of quantities provides otherwise,
measurements of work done shall be taken in accordance with the relevant standard method of
measurement as applicable to the schedule of quantities/schedule of work /specification to the contract. In
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the case of items not covered by any of the aforesaid contract documents, measurement shall be taken in
accordance with the relevant standard method of measurement issued by the Bureau of Indian Standard.
9.1 All items of work carried out by the contractor in accordance with the provisions of the contract having a
financial value shall be entered in the Measurement Book/Log Book, etc. as prescribed by the company so
that a complete record is obtained of all work performed under the contract and the value of the work carried
out can be ascertained and determined therefrom.
9.2 Measurements shall be taken jointly by the Project Manager and by the Contractor or his authorized
representative. The line KM of seismic survey will be measured by multiplying shot interval with number of
shots minus one shot.
9.3 Before taking measurements of any work, the Project Manager for the purpose shall intimate the Contractor
to attend or to send his representative to attend the measurement. Every measurement thus taken shall be
signed and dated by both the parties on the site on completion of the measurement. If the contractor objects
to any of measurements, a note to that effect shall be made in the Measurement Book /Log Book and signed
and dated by both the parties.
9.4 In the event of failure on the part of contractor to attend or to send his authorized representative to attend
the measurement after receiving the intimation, or to countersign or to record objection within a week from
the date of the measurement, the measurement taken by the Project Manager shall be taken to be the
correct measurement of the work done.
9.5 Payment on Account - The Contractor shall submit monthly bill for the work carried out in accordance with
the contract. The Project Manager shall then arrange for verification of the bill with reference to the
measurements taken or to be taken or any other records relevant for the purpose. The payment will become
due and payable by CMPDI within 30 days from the date of receipt of bill/invoice/ debit note by CMPDI.
9.6 Payment on account shall be made on the Project Manager certifying the quantity for which the contractor
is considered entitled by way of interim payment for the work executed as covered by the bill after deducting
the amount already paid, the security deposit and such other amounts as may be deductible or recoverable
in terms of the contract.
The advance payment, if any and 5% towards retention money shall be recovered by adjustment from on
A/c bills of the contractor. The payment excluding advance payment, if any and retention money shall be
made based on the meterage drilled by the contractor during the month only when the logs of all the
boreholes drilled during the month are received by CMPDI with the monthly progress report.
9.7 Any certificate given by the Project Manager/PRCO for the purpose of payment of monthly bill/bills shall not
have itself be conclusive evidence that any work to which it relates is in accordance with the contract and
may be modified or corrected by the Project Manager/PRCO by any subsequent certificate or by the final
certificate.
9.8 The Company reserve the right to recover/enforce recovery of any overpayments detected after payment
as a result of post-payment audit or technical examination or by any other means, notwithstanding the fact
that the amount of disputed claims, if any, of the contractor exceeds the amount of such overpayment and
irrespective of the facts whether such disputed claims of the contractor are the subject matter of arbitration
or not. The amount of such overpayments may be recovered from the subsequent bills under the contract,
failing that from contractor's claim under any other contract with the company or from the contractor's
security deposit or from the amount retained as per Clause 4.6 or the contractor shall pay the amount of
overpayment on demand.
9.9 Amount payable/repayable for any subsequent change in the statutory tax and duties on Works Contract
will be made to/from the Contractor after departmental verification of such changes of tax law issued by
Statutory Authority.
The company shall, in addition to other remedial steps to be taken as provided in the conditions of contract,
be entitled to cancel the contract in full or in part, if the contractor
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a. makes default in proceeding with the works with due diligence and continues to do so even after a
notice in writing from the PRCO, then on the expiry of the period as specified in the notice
or
b. commits default/breach in complying with any of the terms and conditions of the contract and does not
remedy it or fails to take effective steps for the remedy to the satisfaction of the PRCO, then on the
expiry of the period as may be specified by the PRCO in a notice in writing
or
c. fails to complete the work or items of work with individual dates of completion, on or before the
date/dates of completion or as extended by the company, then on the expiry of the period as may be
specified by the PRCO in a notice in writing
or
d. shall offer or give or agree to give any person in the service of the company or to any other person on
his behalf any gift or consideration of any kind as an inducement or reward for act/acts of favour in
relation to the obtaining or execution of this or any other contract for the company.
or
e. obtain a contract with the company as a result of ring tendering or other non-bona fide method of
competitive tendering.
or
f. transfers, sublets, assigns the entire work or any portion there -off without the prior approval in writing
from the PRCO. The PRCO may give a written notice; cancel the whole contract or portion of it in
default.
10.1 The contract shall stand terminated under the following circumstances:
a. If the contractor being an individual in the case of proprietary concern or in the case of a partnership
firm any of its partners is declared insolvent under the provisions of insolvency act for the time being in
force, or makes any conveyance or assignment of his effects or composition or arrangement for the
benefit of his creditors amounting to proceedings for liquidation or composition under any insolvency
act.
b. In the case of the contractor being a company, its affairs are under liquidation either by a resolution
passed by the company or by an order of court, not being a voluntary liquidation proceedings for the
purpose of amalgamation or reorganization, or a receiver or manager is appointed by the court on the
application by the debenture holders of the company, if any.
c. If the contractor shall suffer an execution being levied on his/their goods, estates and allow it to be
continued for a period of 21 days.
d. On the death of the contractor being a proprietary concern or of any of the partners in the case of a
partnership concern and the Company is not satisfied that the legal representative of the deceased
proprietor or the other surviving partners of the partnership concern are capable of carrying out and
completing the contract. The decision of the company in this respect shall be final and binding which is
to be intimated in writing to the legal representative or to the partnership concern.
10.2 On cancellation of the contract or on termination of the contract, the PRCO shall have powers:
a. to take possession of the site and any materials, implements, stores, etc. thereon.
b. to carry out the incomplete work by any means at the risk and cost of the Contractor
c. to determine the amount to be recovered from the Contractor for completing the remaining work or in
the event the remaining work is not to be completed the loss/damage suffered, if any, by the Company
after giving credit for the value of the work executed by the contractor up to the time of cancellation less
on a/c payments made till date and value of contractor's materials, equipment, etc., taken possession
of after cancellation.
d. to recover the amount determined as above, if any, from any money due to the Contractor or any
account or under any other contract and in the event of any shortfall, the Contractor shall be called
upon to pay the same on demand.
35
The need for determination of the amount of recovery of any extra cost/expenditure or of any loss/damage
suffered by the Company shall not however arise in the case of termination of the contract for death/demise
of the contractor as stated in 10.1(d).
10.3 Suspension of work - The contractor shall on receipt of the order in writing of PRCO (whose decision shall
be final and binding on the contractor), suspend the progress of work or any part thereof for such time in
such manner as the PRCO may consider necessary so as not to cause any damage, or endanger the safety
thereof for any of the following reasons:
a) on account of any default on the part of the Contractor, or
b) for proper execution of the works, or part thereof reasons other than the default of the contractor or,
c) for safety of the works, or part thereof.
The contractor shall, during such suspension properly protect and ensure the works to the extent necessary
and carry out the instruction of the PRCO. If the suspension is ordered for reasons (b) & (c), the contractor
shall be entitled to an extension of time equal to the period of every such suspension, plus 25% for
completion of the item or group of items of the work for which a separate period of completion as specified
in the contract and of which the suspended work forms a part.
The work shall, throughout the stipulated period of contract, be carried out with all due diligence on the part
of the contractor. In the event of termination or suspension of the contract, on account of default on the part
of the contractor, as narrated hereinbefore, the security deposit and other dues of this work or any other
work done under this company shall be forfeited and brought under the absolute disposal of the company
provided, that the amount so forfeited shall not exceed 10% of the contract value plus GST on forfeited
amount.”
10.4 Foreclosure of contract in full or in part - If at any time after acceptance of the tender, the Company
decides to abandon or reduce the scope of the work for any reason whatsoever as decided by the Company,
other than non-availability of the statutory Clearance(s) viz. (i) Notification under Section 4(i) of CBA Act,
1957 & (ii) Permission for exploration in Forest Areas; the Project Manager/PRCO shall give notice in writing
to that effect to the Contractor. In the event of abandonment/reduction in the scope of work in such cases,
the company shall be liable:
a. to pay the Contractor at the contract rates full amount for works executed and measured at site up to the
date of such abandonment/reduction in the work.
b. to pay reasonable amount assessed and certified by the Project Manager/PRCO of the expenditure
incurred, if any, by the Contractor on preliminary works at site. e.g. temporary access roads, temporary
construction for labour and staff quarters, office accommodation, storage of materials, water storage tanks
and supply for the work including supply to labour/staff quarters, office, etc.
c. to pay for the materials brought to site or to be delivered at site, which the contractor is legally liable to
pay, for the purpose of consumption in works carried out or were to be carried out but for the foreclosure,
including the cost of purchase and transportation and cost of delivery of such materials. The materials to be
taken over by the Company should be in good condition and the Company may allow at its discretion the
Contractor to retain the materials in full or part if so desired by him and to be transported by the contractor
from site to his place.
d. to pay for the transportation of tools and plants of the Contractor from site to contractor's place or to any
other destination, whichever is less.
The Contractor shall, if required by the Project Manager/PRCO, furnish to him books of accounts, papers,
relevant documents as may be necessary to enable the Project Manager/PRCO to assess the amount
payable in terms of part 10.4(b), (c) and (d) above, the contractor shall not have any claim for compensation
whatsoever either for abandonment or for reduction in the scope of work, other than those as specified
above.
If the Contractor fails to complete the work and the order is cancelled, the amount due to him on account of
work executed by him, if payable, shall be paid to him only after due recoveries as per the provisions of the
contract and that too after alternative arrangements to complete the work has been made.
If the contractor fails to complete the work due to non-availability of the statutory Clearance(s) viz. (i)
Notification under Section 4(i) of CBA Act , 1957 & (ii) Permission for exploration in Forest Areas and the
work order is terminated (Partly or Fully), the same will be without any financial implication on either side.
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11.0 DEFECT LIABILITY CERTIFICATE / COMPLETION CERTIFICATE
The contractor shall give notice of completion of work, after submission of DGR of the block, to the PRCO.
The PRCO shall within 30 days from the receipt thereof, inspect the DGR and scrutinize the
defects/deficiencies, if any, to be rectified by the contractor as also the items, if any, for which payment shall
be made at reduced rate. If the defects, according to the PRCO are of a major nature and the rectification
of which is necessary for the satisfactory performance of the contract, he shall intimate in writing the defects
and instruct the contractor to rectify the defects/remove deficiencies within the period and in the manner to
be specified therein before issue of Defect Liability Certificate. In the event there are no defects or the
defects/deficiencies are of a minor nature and the PRCO is satisfied that the contractor has already made
arrangements for rectification, or in the event of contractor's failure to rectify the defects for any reason
whatsoever, the defects can be rectified by the Company departmentally or by other means and the 50% of
the security deposit of the contractor shall be sufficient to cover the cost thereof, he shall issue the Defect
Liability Certificate indicating the date of completion of the work, defects to be rectified, if any, and the items,
if any, for which payment shall be made at reduced rate including reasons therefore and with necessary
instructions to the contractor to clear the site/place of work of all debris/waste materials, scaffoldings, sheds,
surplus materials etc. making it clean and usable .
11.1 In cases where separate period of completion for certain items or groups of items are specified in the
contract, separate Defect Liability Certificate (Taking Over Certificate with list of defects), for such items or
groups of items may be issued by the PRCO after completion of such items on receipt of notice from the
contractor only in the event the work is completed satisfactorily in every respect. Refund of security deposit
and payment of final bill shall, however, be made on completion of the entire contract work, but not on
completion of such items of work.
11.2 Before the date fixed for completion of work, the work as well as the site of work are to be made clean after
removal of rubbish, scaffolding, surplus materials, temporary structures etc.
11.3 In case of Contractor's failure, the PRCO shall have right to get the work done at the cost of the Contractor.
The cost on account of "Additional Responsibilities of the Contractor" under this clause is deemed to be
included in the tendered rates.
i. The Company reserve the right to let other contractors also work in connection with the project and the
contractor shall co-operate in the works for the introduction and stores and materials and execution of
his/their works.
ii. The Contractor shall keep on the work, during the progress a competent Superintendent and necessary
assistants who shall represent the contractor(s) in his/their absence. Important instructions shall be
confirmed to the contractor(s) in writing. If the Contractor in course of the works find any discrepancy
between the drawing, forming part of the contract documents and the physical conditions of the locality
or any errors or omissions in drawings except those prepared by himself/themselves and not approved
by the Project Manager/PRCO, it shall be his/their duty to immediately inform the Project
Manager/PRCO in writing and the Project Manager/PRCO shall verify the same. Any work done after
such discovery and without intimation as indicated above will be done at the risk of the Contractor.
iii. The Contractor shall employ only competent, skilful and orderly men to do the work. The Project
Manager/PRCO shall have the right to ask the Contractor to remove from the work site any men of the
contractor who in his opinion is undesirable and the Contractor will have to remove him within three
hours of such orders. The Contractor shall further be responsible for making arrangements at his own
cost for accommodation and other essential needs of the staff and workers under his employment.
iv. Precautions shall be exercised at all times for the protection of persons (including employees) and
property. The safety required or recommended by all applicable laws, codes, statutes and regulations
will be observed. In case of accidents, he/they shall be responsible for compliance with all the
requirements imposed by the Workmen's Compensation Act or any other similar laws in force, and shall
indemnify the Company against any claim on this account.
The Contractor shall at all times exercise reasonable precautions for the safety of employees in the
performance of his/their contract and shall comply with all applicable provisions of the safety laws drawn
up by the State or Central Government or Municipalities and other authorities in India. The Contractor
shall comply with the provision of the safety hand book as approved and amended from time to time by
the Government of India.
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v. The Contractor shall familiarize themselves with and be governed by all laws and rules of India and
Local statutes and orders and regulations applicable to his/their work.
vi. The contractor shall furnish to the Project Manager/PRCO with work reports from time to time regarding
the contractor organization and the progress made by him/them in the execution of the work as per the
contract agreement.
vii. All duties, taxes and other levies payable by the Contractor under the Contract (excluding “GST”), or
for any other cause as applicable on the last date of submission of tender, shall be included in the rates,
prices and the total Bid Price submitted by the Bidder. All incidentals, overheads, etc. as may be
attendant upon execution and completion of works shall also be included in the rates, prices and total
Bid Price submitted by the Bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission of tender
and/or any increase over the rate existing on the last date of submission of tender shall be reimbursed
by the company on production of documentary evidence in support of payment actually made to the
concerned authorities.
However, any reduction of cost on account of Govt. notification for duties or levies shall be recovered
from the bills submitted by the Bidder.
viii. The Company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to deal
with such amount in terms of the provisions of the Statute or in terms of the direction of any statutory
authority and the company shall only provide with certificate towards such deduction and shall not be
responsible for any reason whatsoever.
ix. The Contractor shall make his/their own arrangement for all materials, tools, staff and laborers required
for the contract, which shall include cost of lead, lift, loading, unloading, railway freight, recruiting
expenses and any other charges for the completion of the work to the entire satisfaction of the company.
x. The Contractor shall make their own arrangement for carriage of all materials to the work site at his/their
own cost and supply of all water required for the contracted work and drinking water to his/their
workmen.
xi. The work shall not be sublet to any other party, unless approved by PRCO, in writing.
xii. The Contractor shall work in reserved/protected forest area as per the guidelines of the Forest
Department/the Forest Protection Act. Any liability on account of violation of the provisions shall be
borne by the contractor.
xiii. The Contractor shall not pay less than the minimum wages to the labourers engaged by him/them as
per Minimum Wages Act or such other legislation or award or the minimum wages fixed by the
respective State Government as may be in force. The contractor shall make necessary payments of
the Provident Fund for the workmen employed by him for the work as per the laws prevailing under
provisions of CMPF and Allied Schemes and Miscellaneous Provisions Act 1948 or Employees
Provident Fund and Miscellaneous Provisions Act 1952 as the case may be.
xiv. All accounts shall be maintained in English and the company shall have the right of access and
inspection of all such books of accounts etc. relating to payment of labourers including payment of
provident fund etc. considered necessary as per prevalent Statutes, Acts and Laws and the company
may arrange for witnessing the payment to the labourers by its representatives.
xv. The Contractor shall in addition to any indemnity provided by law, indemnify and keep indemnified:
a. the Company or any agent or employee of the Company against any action, claim or proceeding
relating to infringement or use of any patent or design rights and shall pay any royalties or other
charges which may be payable in respect of any article or material included in the contract.
However, the amount so paid shall be reimbursed by the Company in the event such infringement
has taken place in complying with the specific directions issued by the company or the use of such
article or material was the result of any drawing and/or specifications issued by the Company after
submission of tender by the Contractor.
The Contractor must be notified immediately after any claim being made or any action brought
against the company, or any agent or employee of the company in respect of any such matter.
b. the Company against all losses and claims for injuries or damage to any third party or to any
property belonging to any third party which may arise out of or in consequence of the construction
or maintenance or performance of the work under the contract and against all claims, demands,
proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation
thereto.
c. the Company against all claims, damages or compensation under the provisions of payment of
Wages Act. 1936, Minimum Wages Act 1948. Employer's Liability Act 1938, The Employees
Compensation Act 1923, Industrial Disputes Act 1947, The Employees State Insurance Act 1948,
CMPF and Allied Schemes and Provisions Act 1948, EPF and Miscellaneous Provisions Act 1952
and Maternity Benefit Act, 1961 or any modifications thereof or of any other law relating thereto
38
and rules made thereunder from time to time, as may be applicable to the contract, which may
arise out of or in consequence of the construction or maintenance or performance of the work
under the contract and also against costs, charges and expenses of any suit, action or proceedings
arising out of any accident or injury.
d. The Contractor shall ensure that any Payment to the Contractor’s worker is made through the
Bank.
xvi. Insurance - The Contractor shall take following insurance policies during the full contract period at his
own cost:
a. The Contractor shall at all times during the pendency of the contract indemnify the company against
all claims, damages or compensation under the provisions of the Employee's Compensation Act
and shall take insurance policy covering all risk, claims, damages or compensation payable under
the Employee's Compensation Act or under any other law relating thereto.
b. The Contractor shall ensure that the insurance policy/policies are kept alive till full expiry of the
contract by timely payment of premiums and shall not be cancelled without the approval of the
Company and a provision is made to this effect in all the policies, and similar insurance policies
are also taken by his subcontractor(s) if any. The cost of premiums shall be borne by the contractor
and it shall be deemed to have been included in the tendered rate.
c. In the event of Contractor's failure to effect or to keep in force the insurance referred to above or
any other insurance which the contractor is required to effect under the terms of the contract, the
Company may effect and keep in force any such insurance and pay such premium/premiums as
may be necessary for that purpose from time to time and recover the amount thus paid from any
moneys due by the Contractor.
d. Since Contractor shall ensure 100% payment of Contractor’s Worker through Bank, a premium of
Rs.12/- per annum per member will be deducted from the account holder’s savings bank account
through ‘auto debit’ facility in one installment on or before 1 st June of each annual coverage period
under the scheme Pradhan Mantri Suraksha Bima Yojna (PMSBY).
xvii. Anything of historical or other interest or of significant value unexpectedly discovered on the site shall
be the property of the Owner. The Contractor shall notify the PRCO of such discoveries and carry out
the PRCO's instructions for dealing with them.
It is incumbent upon the Contractor to avoid litigation and disputes during the course of execution. However,
if such disputes take place between the contractor and the department, effort shall be made first to settle
the disputes at the company level.
The Contractor should make request in writing to the PRCO for settlement of such disputes/ claims within
30 (thirty) days of arising of the cause of dispute/ claim failing which no disputes/ claims of the contractor
shall be entertained by the company.
If differences still persist, the settlement of the dispute with Govt. Agencies shall be dealt with as per the
Guidelines issued by the Ministry of Finance, Govt. of India in this regard. In case of parties other than Govt.
Agencies, the redressal of the dispute may be sought in the Court of Law.
Committee on Disputes (COD) constituted by the Cabinet Secretariat for pursuing litigation by PSUs/
Government Departments stands wound up with 17.02.2011, as communicated by the Director
(Administration), Cabinet Secretariat, Sardar Patel Bhawan, Sansad Marg, New Delhi vide Office
Memorandum No. A-12034/01/2011-Ad.1 date 1st September 2011.
39
14.0 NON-DISCLOSURE/CONFIDENTIALITY CLAUSE
The bidder will not at any time during pendency of contract or afterwards, disclose to any person any
information as to documents, components, parts, information, drawings, data, sketches, plans, programs,
specifications, techniques, processes, software, inventions and other materials, both written and oral, of a
secret, confidential of proprietary nature, including without limitation any and all information relating to
finance, invention, research, design or development of information system and any supportive or incidental
subsystems, and any and all subject matter claimed in or disclosed by any patent application prepared of
filed by or on behalf of CMPDIL, in any jurisdiction, and any amendments or supplements thereto. The
bidder should understand that any breach of this clause would constitute a serious offence for which
appropriate legal action may be taken to ensure the enforcement of confidentiality clause.
CMPDIL also desires that the bidder shall hold in trust and confidence, and not disclose to others or use
for its own benefit or for the benefit of other, any Proprietary Information which is disclosed to the bidder
by CMPDI at any time during the agreement / award of work / execution of work and thereafter. The bidder
shall disclose Proprietary Information received under the contract to person within its organization only if
such persons (i) have a need to know and (ii) are bound in writing to protect the confidentiality of such
Proprietary Information. This clause shall survive and continue after any expiration or termination of the
contract and shall bind the contractor, its employees, agents, representatives, successors, heirs and
assigns.
40
ADDITIONAL TERMS & CONDITIONS
The following additional terms & conditions are also acceptable to the company. The Bidders are requested not to
.quote any additional conditions in their tender.
The quoted price shall remain firm & final for the period stipulated for completion of the work, except the
escalation/de-escalation on account of increase/ decrease in the price of POL as per provision given at sl. no. 1.3,
1.4 & 1.5 (only POL component).
In case the work is not completed during the stipulated period due to Force Majeure Condition and/ or delay
in statutory Clearance(s) viz. (i) Notification under Section 4 (i) of CBA Act, 1957 & (ii) Permission for exploration in
Forest Areas; one time escalation/de-escalation of contract price to the tune of 50% on account of increase/ decrease
in the price of wages of labour and materials required for execution of work will be applicable as per provision given
at sl. no. 1.1, 1.2 1.4 & 1.5 (only labour & Material components). The said one time escalation/de-escalation of the
contract price on account of wages of labour & Material components would be applicable for the extended contract
period, which will not be more than the original contract period. However, the escalation/de-escalation on account of
increase/ decrease in the price of POL will continue as per the above stipulation for the entire contractual period.
a) The amount of the contract shall accordingly be varied, subject to the condition that such
compensation for variation in prices shall be available only for the work done during the contractual
period including such period for which the contract is validly extended under the provisions of the
contract without any penal action.
b) The base date for working out such price variation shall be the last date on which the price bids are
stipulated to be received.
c) The compensation of price variation for POL shall be worked out at quarterly intervals and shall be
with respect to the cost of actual work done during the previous three months. The first such
payment shall be made at the end of three months after the month (excluding) in which the tender
was accepted and thereafter at three months' interval.
d) If the contract is to be extended beyond the stipulated period for completion of the work due to fault
on the part of the Contractor, escalation on prices shall not be allowed further and the prevailing
contract price will continue for completion of the work, consequently clause 6.0 of the General
Terms & Condition will be applicable.
The amount paid to the contractor for the work done shall be adjusted for increase or decrease in the cost
of labour and the cost shall be calculated as per aforesaid provision in accordance with the following formula:
A L – Lo 50
VL = W x ------ x --------- x -----------
100 Lo 100
Where:
V L = Variation in labour cost i.e. increase or decrease in the amount in rupees to be paid or
recovered.
W = Value of work done during the period under reckoning to which the price variation relates
as indicated in clause no. 1.4 of this section.
A = Component of labour expressed as percentage of the total value of work adopted from
Table-1 of this section.
Lo = Minimum wages for unskilled workers payable as per the Minimum Wages Act / Rules of
the State or Central Government, whichever is more, applicable to the place of work as
on the last date stipulated for receipt of the Price bids or Revised Price bids whichever is
later.
L = Revised minimum wages of unskilled workers on the date of completion of initial contract
period.
41
1.2 PRICE VARIATION ON MATERIALS
The amount to be paid to the contractor for the work done shall be adjusted for increase or decrease in the
cost of materials and the cost shall be calculated as per aforesaid provision in accordance with the following
formula:
B M – Mo 50
Vm = W x ------ x --------- x ----------
100 Mo 100
Where:
Vm = Variation in material cost i.e. increase or decrease in the amount in rupees to be paid or
recovered.
W = Value of work done during the period under reckoning to which the price variation relates
as indicated in clause no. 1.4 of this section.
B = Component of material expressed as percentage of the total value of work adopted from
Table-1 of this section.
Mo = All India Wholesale Price Index for all commodities as published by the RBI Bulletin,
Ministry of Industry & Commerce, Govt. Of India, relating to the last date on which the
price bids or revised price bids whichever is later was stipulated to be received.
M = All India Wholesale Price Index for all commodities as published by the RBI Bulletin,
Ministry of Industry & Commerce, Govt. Of India on the date of completion of initial contract
period.
The amount to be paid to the contractor for the work done shall be adjusted for increase or decrease in the
cost of POL and the cost shall be calculated as per aforesaid provision in accordance with the following
formula:
C F - Fo
Vf = W x ------ x ----------
100 Fo
Where:
Vf = Variation in the cost of fuel, oil and lubricants i.e. increase or decrease in the amount in
rupees to be paid or recovered.
W = Value of work done during the period under reckoning to which the price variation relates
as indicated in clause no. 1.4 of this section.
C = Component of POL expressed as percentage of the total value of work adopted from
Table-1 of this section.
Fo = Index Number for Wholesale Price for the group of “Fuel, power, light and lubricants” as
published by the Economic Advisor, Ministry if Industry, Govt. Of India prevalent on the
last date of receipt of price bids or revised price bids whichever is later.
F = Average Index Number for Wholesale Price for the group of “Fuel, power, light and
lubricants” as published by the Economic Advisor, Ministry if Industry, Govt. of India for
the period to which escalation/ de -escalation relates.
1.4 WHILE CALCULATING THE VALUE OF ''W'' THE FOLLOWING SHALL BE NOTED
The cost on which the escalation/price variation shall be payable shall be reckoned as 85% of the cost of
work as per the bills to which escalation relates, and from this amount the value of materials supplied or
services rendered at the prescribed charges under the relevant provisions of the contract, and proposed to
be recovered in the particular bill, shall be deducted before the amount of compensation for escalation/price
variation is worked out. In the case of materials brought to site for which any secured advance is included
in the bill, the full value of such materials as assessed by the Project Manager/PRCO (and not the reduced
amount for which secured advance has been paid) shall be included in the cost of work done for operation
of this clause. Similarly when such materials are incorporated in the work and the secured advance is
deducted from the bill, the full assessed value of the materials originally considered for operation of this
clause should be deducted from the cost of the work shown in the bill, running or final. Further the cost shall
not include any work for which payment is made at prevailing market rates.
42
1.5 In the event the price of materials and/ or wages of labour required for execution of the work decreases,
there shall be downward adjustment of the work so that such price of materials and/or wages of labour shall
be deductible from the cost of work under this contract and in this regard the formulae hereinbefore stated
under this clause shall mutatis/mutandis apply.
A B C
(Labour Component) (Material Component) (POL Component)
55 35 10
The price variation clause as stated above will be applied for extended time frame of a contract by following
the principles as under:
i) Normally, if and when it is understood that a contract is not going to be completed within the
scheduled time period, the contract is kept operative by extending the time of completion
provisionally. During this provisional extended period the operation of the Price Variation Clause
will remain suspended.
ii) If and when it is decided at the end of the successful completion of the work that the delay was due
to causes not attributable to the contractor, then the Price Variation Clause will be revived and
applied as if the scheduled date of completion has been shifted to the approved extended date.
ii) If it is decided at the end of successful completion of the work that the delay was due to the fault
of the Contractor then the Price Variation Clause will not be revived and no payment will be made
to the contractor on this account. Additionally the Clause related to Compensation for delay will be
applied.
iv) In some cases the total delay may be partially due to causes not attributable to the Contractor and
partially due to his fault. It may be difficult to exactly quantify the total delay proportionately in such
cases. The Price Variation Clause under such condition will be made operative for the entire
extended time period by freezing the relevant indices on the date of the scheduled date of
completion as originally fixed in the contract/ agreement. At the same time the Clause related to
the compensation for delay will also be applied.
43
ANNEXURE-I
SCOPE OF WORK
1.0 Item wise Bidder's Scope of Work: The detailed exploration proposed to be conducted in the block
includes following activities to be carried out by the successful Bidder:
Note: 1. The total meterage indicated is likely to vary by (+/-) 30% depending on the complexities
revealed during exploration (Refer Clause 5.3 of General Terms & Conditions). Actual
requirement shall be assessed on the basis of Interim Geological Note.
2. Any additional data of the block provided by CMPDI shall have to be incorporated and
interpreted by the bidder in the GR.
3. Bidder shall prepare Monthly Progress Report (both Hard Copy and Soft Copy) in respect
of all activities as per standard format provided by CMPDI and submit to PRCO or his
authorised representative for verification and certification for acceptance by CMPDI.
4. The Monthly Progress Report(s) submitted by the Bidder and accepted by the Project
Manager (or his authorized representative) shall be the basis of assessment of the
progress. This provisional assessment of LD shall be done at an interval of 6 months
(excluding month in which the work has been awarded to bidder) and finally at the end of
scheduled period of completion/ submission of FGR.
44
.
1.1.1 Geological Modeling: The Bidder shall take up geological modeling through computer including all
available geological and geophysical data of the block. Bidder to provide the software based geological
model in MINEX format.
(II) Draft Geological Report (DGR): Bidder shall prepare sub-block wise DGR and submit two copies to
CMPDI for vetting purpose. The DGR shall comprise following:
1 Salient Feature (Location, Accessibility / Communication, Objective, Period of investigation, Status of Mining, Area
of the block, Details of drilling, Seam-wise borehole density, Tabulation showing the quantum of all investigations ,
Geological Formations, Geological Structure, Faults, Intrusive, Coal seams & Quality, Geological Reserves and
Land use pattern ( To be given at the beginning of GR)
2 CHAPTER 1: INTRODUCTION (Objective, Location, Communication & Accessibility, Area of the block,
Physiography & Drainage, Climate, Previous work, Mining History of the block, Exploration Design, Important
Features in the Area, Present Investigation, Quantum of Total Exploration Inputs, Scope and limitations,
Acknowledgements, Personnel Associated with Investigation)
3 CHAPTER 2: EXPLORATION SCHEME (Topographical survey, Geological Mapping, Remote Sensing*, Surface
Geophysical Survey**, Drilling Equipments and yearwise, Agencywise drilling quantum, Core logging / Sampling /
Packing / Boxing, Geophysical logging, Coal analysis, Data Synthesis).
*If provided by CMPDI
** If carried out as per requirement.
4 CHAPTER 3: GEOLOGY & STRUCTURE ( REGIONAL GEOLOGY indicating General description of the coalfield,
Formations, Stratigraphy, Description of Formations, Intrusives & Distribution, REGIONAL STRUCTURE indicating
Tectonic Set-up & Basin Configuration, GENERAL GEOLOGY OF THE BLOCK indicating Location, Geological
Succession, Description of Formations, GEOLOGICAL STRUCTURE OF THE BLOCK indicating General
description, strike and Dip, Pattern of Faulting & Description of faults.
5 CHAPTER 4: DESCRIPTION OF COAL SEAMS ( General defination of coal, Dirt bands & Parting, Formationwise
number of coal seams, Correlation, Quality Parameter & basis of Assessment, Sequence of coal seams &
PARTINGS, Description of Individual coal seams indicating seam name, Reference of plates and annexure, Status
of Mining, Details of Borehole Intersection, Depth of Intersection (Roof), Minimum & Maximum FRL's, Stratigraphic
Position, Parting above & below, Thickness (Stratigraphic and effective), Splitting, Outcrop / Incrop, Lithology of
Immediate Roof & Floor, Pyrolitisation, Dirt bands (combustible & non-combustible inseam dirt bands & its
percentage, for details reference to Annexure-VI), Proximate Analysis (Ranges, observations ; reference to
Annexure-VII for details, BCS I30 / I100 / IP sample as per requirement. Similar details may be given for seam
sections which merits attention from mining point of view), Determined Gross CV (Ranges, observation; reference
to Annexure VII for details), Ultimate Analysis (Ranges, observation; reference to Annexure VIII for details), Sulphur
(Ranges, observation; reference to Annexure VIII for details), Petrographic studies (Ranges, observation; reference
to Annexure IX for details), HGI (Ranges, observation ; reference to Annexure VIII for details), any other *Specific
Parameters for Non coking coal, Long flame Characteristics, Ash Fusion Range (Ranges, observation; reference to
Annexure VIII for details), Ash Analysis (Ranges, observation; reference to Annexure VIII for details), Washability
Studies (Reference to Annexure X for details).
Additionally in case of Coking coals Parameters of Caking Propensity like Caking Index, Coke Type, Swelling Indes
etc (Ranges, observation; reference to Annexure VIII for details) & Determination of Alkalies (Ranges, observation
; reference to Annexure VIII for details), Statistical Analysis of key parameters and at the end of each seam
description Summary of seam parameters and special Observation.
45
* Give characteristics of coking / non-coking coals as per requirement.
6 CHAPTER 5: RESERVES (GENERAL DESCRIPTION, BASIC ASSUMPTIONS AND NORMS FOLLOWED
indicating Definitions, Seams affected by Intrusives, Categorisation of reserves & Grade Estimation, PROCEDURE
OF RESERVE CALCULATION indicating Block boundary, Barriers, Sector /Sub sectors, Mine data considered,
Methodology, Average Specific Gravity, Computation of coal reserves (Brief Description for calculation of
gross reserves), DESCRIPTION OFof OVERBURDEN ( only in case of Open Cast reserves) indicating Nature,
Inseam burden, Methodology For Overburden Estimate & Depth of excavation, DESCRIPTION OF
RESERVES (details in Annexure XI ), its Summary (Description of coal reserves estimated) and Summarised
tabulated statements for Reserves as per opencast / underground norms and SURFACE CONSTRAINTS
indicating Coal Reserves under surface constraints
7 CHAPTER 6: SPECIALISED STUDIES (GENERAL DESCRIPTION OF SPECIALISED STUDIES UNDERTAKEN,
PHYSICO-MECHANICAL PROPERTIES indicating Design, Tests undertaken, summery of Test Results (The
detailed test results in Annexure- VIII to be summarised ), Discussion ( Above test result in terms of various
lithologies ) & Results (Physico mechanical characteristics of major partings between coal seam ) and any other
test s undertaken.
8 Environmental Data (Demography, water quality analysis, soil quality, flora and fauna, land use pattern, air quality,
noise level, etc.). Data is to be collected by the bidder to the extent available with statutory agencies/authorities.
9 Discussions of Results and Conclusion
10 LIST OF ANNEXURES
Annexure I Details of Co-ordinates, Reduced Levels and Closing Depths of Boreholes drilled in …..block, ……..CF.
Annexure II Descriptive Geological Log of boreholes drilled in …..block, ……..CF.
Annexure III Statement showing thickness of Soil, Weathered mantle and different Formations intersected in
boreholes drilled in …..block, ……..CF.
Annexure IV Seam Correlation chart, …..block, ……..CF.
Annexure V Seam wise Borehole wise Band by Band Analytical Data in …..block, ……..CF.
Annexure VI Seam wise Borehole wise details of Dirt bands in …..block, ……..CF.
Annexure VII Seam wise Borehole wise Overall Proximate Analysis, GCV etc in …..block, ……..CF.
Annexure VIII Seam wise results of Special Tests of boreholes drilled in …..block, ……..CF. (Coking coals or Non
coking coals, applicable)
Annexure IX Seam wise results of Petrographic Tests in …..block, ……..CF.
Annexure X Test result of Washability Studies & Characteristics of cleans and middlings of borehole samples in
…..block, ……..CF.
Annexure XI Test Results on Physico - Mechanical properties of rock / coal samples from
Borehole no…. , …..block, ……..CF.
Annexure XII Depth of coal seams and other characteristics interpreted from geophysical logging of boreholes drilled
of boreholes drilled in …..block, ……..CF.
Annexure XIII Details of reserves estimation, ............ block, ........... CF
Annexure XVI Details of OB estimation, ............ block, ........... CF. (incase of Opencast block)
12 LIST OF PLATES
Subject Plate no RF / Scale
1. Location Map I 1 :50000 / 1 :100000 ( Location of block within map of coalfield with a
inset map of India showing location of coalfield )
2. Topographical Map II 1 : 5000 / 4000
( Surface contours, Boreholes, Inclines, Shafts, Limits of OC mines, River, Nala, Road, Rail lines, Wells,
Habitations, High tension lines etc )
3. Geological Map III 1 : 5000 / 4000
( Boreholes, Special tests boreholes with distinctive style, Inclines, Shafts, Limits OC mines, in addition to
formational boundaries, Coal seams Incrops / Outcrops, Structural features etc )
4. Graphic Lithologs of Bhs IV A to IV … 1 : 500
5. Graphic Correlation V A to V.... 1 : 1000
6. Geological Cross section VI A to VI.. 1 : 5000 / 4000
7. Floor Contour Plan VII A to VII.. 1 : 5000 / 4000
( in ascending order )
8. Seam structure VIII A to VIII ... 1 : 50
( in ascending order )
9. Seam Folio Plan IX A to IX.. 1 : 5000 / 4000
( in ascending order )
10. Iso-parting Map X A to X .. 1 : 5000 / 4000
( As per requirement / optional in case of Opencast block )
46
11. Total Overburden Plan XI 1 : 5000 / 4000
( As per requirement / optional in case of Opencast block )
12. Iso-Excavation Plan XII 1 : 5000 / 4000
( As per requirement / optional in case of Opencast block )
13. Coal : OB Plan XIII 1 : 5000 /4000
( As per requirement / optional in case of Opencast block )
14. Geophysical Logs XIV A to XIV.. 1 : 200 / 500
15. Any other map as per requirement
(III) Final Geological Report (FGR): Bidder shall attend and incorporate in FGR all vetting comments given on the
DGR and shall submit 5 copies of FGR within one month of receipt of vetting comments. Bidder shall also submit two
soft copies of the FGR on CDs.
a) CMPDI shall arrange necessary statutory clearances for exploration in Forest Areas.
(i) Status of permission for exploration in Forest Areas:
Note: In case statutory clearance(s) is not provided within the contract period/mutually agreed extended
period; the work order will be terminated (Partly or Fully) without any financial implication on either side.
b) CMPDI shall scrutinize the exploration scheme, suggest and approve the borehole locations,
select/approve boreholes for special tests, randomly/regularly check and verify completed and ongoing
works; and decide need of geophysical logging/surface geophysical surveys, etc. by Bidder/CMPDI.
c) CMPDI shall assess the recommendations given in IGN by the Bidder in respect of revised estimate of
exploration and respond within 15 days.
d) CMPDI shall scrutinize the DGR submitted by the Bidder and submit its comments/observations within
30 days which needs to be incorporated by the Bidder in FGR.
e) CMPDI shall scrutinize the FGR to verify incorporation of its comments given earlier on DGR within 15
days.
The indicative list of laws governing the coal sector and mining operations in India is given below. As the
laws and statues listed below are not exhaustive, Successful Bidder should obtain independent legal advice
with regard to compliance to all applicable laws.
Table-3.1
S.No Acts / Rules /Regulations Promulgation
1. The Mines & Minerals (Regulation & Development) Act 1957
2. The Mineral Concession Rules 1960
3. The Coal Bearing Areas (Acquisition and Development) Act 1957
4. The Mineral Conservation and Development Rules 1988
5. Coal Mines (Nationalization) Act 1973, amended in 1993
6. The Coal Mines (Conservation and Development) Act 1974
7. The Land Acquisition Act 1894
8. Forest (Conservation) Act including Rules 1980
9. Water (Prevention and Control of Pollution) Act including Rules 1974
10. Air (Prevention and Control of Pollution) Act including Rules 1981
11. Environmental (Protection) Act 1986
12. The Mines Act 1952
13. Mines Rules 1955
14. Coal Mines Regulations 1957
15. The Contract Labour (Regulation and Abolition) Act 1970
In addition to the Acts / Rules /Regulations mentioned above in the table 3.1, there are acts, bye laws
dealing with the use of explosives, motor vehicles, electricity, wages and remuneration etc. Another category
of acts relates to marketing, distribution, sales, pricing, contracts, transportation, exports / imports of various
minerals.
4.1 Bidder with his declared owned/leased drills and equipment shall carry out drilling in HQ/NQ/BQ sizes.
Reduction in size of boreholes below BQ size shall not be allowed. Bidder shall mobilize within mobilization
period all the rigs declared in the bid submitted against the tender of the block.
4.2 Bidder shall make efforts to obtain maximum core recovery in coal seams and non-coal strata. In no case
the recovery should be less than 80% in non-coal and 90% in coal strata, except in fault zone, weathered
zone, soil and structurally disturbed area.
4.3 Boreholes are desired to be vertical. Bidder will take all possible precautions and skill to maintain verticality
of the boreholes.
4.4 The locations of the boreholes finalized in consultation to CMPDI shall be fixed on the ground by the Bidder.
4.5 After completion of drilling, each borehole shall be sealed (plugged) by the bidder. After sealing, the bidder
shall construct and erect pillars [of standard size to be specified by CMPDI] with Borehole Number at the
borehole sites at his cost.
In case the designated laboratory expresses its inability to undertake analysis of cores, the bidder shall be
free to select an accredited laboratory to get the analysis completed within the project schedule. However,
CMPDI shall reimburse the actual cost of analysis on production of certified laboratory bills. The maximum
reimbursable rates shall be CIMFR rates applicable for CMPDI.
4.7 In case of lower core recovery in normal geological conditions or jamming of the boreholes before completion
of depth, deviation drilling/re-drilling shall be carried out by the bidder at his own cost on the instruction of
CMPDI. However, if re-drilling is resorted to, the borehole location point shall be at the nearest possible
distance from the original borehole and the bidder shall be free to do non-coring drilling up to the depth from
where the coring drilling is required for generating cores with stipulated recovery.
4.8 If a borehole fails to drill up to the targeted depth due to drilling difficulties or otherwise, the bidder shall have
to re-drill a fresh borehole in lieu of the abandoned borehole. However, bidder need not to drill a fresh
borehole in lieu of that abandoned borehole in which more than 80% of the targeted depth has been
achieved provided that number of such abandoned boreholes are within 10% of the planned number of
boreholes for the block and they are scattered over the block. CMPDI shall pay for drilling against such
abandoned borehole(s) up to 3 (three) m depth beyond floor of last correlated seam
4.9 CMPDI shall have no responsibility towards construction of approach roads to field sites, arranging the water
supply for drilling, watch and ward, and safety of men and material of the Bidder.
4.10 Decision for closure of the boreholes shall be taken by the Project Manager with approval of PRCO.
48
4.11 Immediately after completion of work on each site, the Bidder shall at his own cost remove all equipment
and unused materials; fill in and level pits and reinstate the site to its original conditions.
4.12 No extra cost shall be paid towards any “fishing” operation in connection with failure of tubular, bit etc.,
inside the borehole. No time extension will be provided for “fishing” operation and delay shall attract L/D
clauses.
4.13 The Successful Bidder’s Scope of Work shall also include all the obligations covered in NIT, General Terms
& Conditions, Additional Terms and Conditions and Technical Document.
4.14 The Scope of Work shall include bringing in and/ or procurement and/ or deployment of Bidder’s own
equipment and personnel.
4.15 Site preparation, supply, transportation to site, water arrangement, lighting, etc., shall be responsibility of
the successful Bidder.
4.16 The manpower deployment by the Bidder should be in conformity to the laws and regulations applicable in
India. However, CMPDI will have no liability, whatsoever, with regard to the manpower provided by the
selected Bidder within or after the contractual period.
4.17 The Bidder shall also submit recorded data of geophysical investigations carried out by him in digital format.
4.18 The bidder is required to carry out multi-parametric geophysical logging in 50% boreholes in coring drilling
with consultation of CMPDI to verify and support the drilling data. The multi-parametric geophysical logging
must include following:
(i) DUAL DENSITY, (II) CALIPER, (III) NATURAL GAMMA RAY, (IV) SINGLE POINT RESISTANCE
(V) SP- SELF POTENTIAL (SP) AND (VI) RESISTIVITY LOGS.
Payment for Geophysical Logging can only be made when above mentioned compulsory
parameters are logged {Sl. No. (i) to (iv)}.
Regarding Other Parameters 10% deduction shall be made in case of absence of Sl. No. (v) and
20% in case of Sl. No. (vi).
Further the 10% and 20% deduction shall be made from the overall cost of Geo-physical Logging
for that particular Borehole.
In addition to above Geo-physical following parameters will be taken up as per following details:
DUAL RECEIVER SONIC LOGGING must be conducted as defined in the Scope of the Work.
In case CMPDI itself decides to take up geophysical logging of any borehole/and surface geophysical
survey, the bidder shall have to provide access to boreholes and extend all logistic support to CMPDI for
conducting the investigations and survey of profile lines at bidder's cost. The logistic support in geophysical
logging would include washing of boreholes, fishing of stuck up borehole and space for logger van at the
drill site. The casing provided in the borehole needs to be kept intact till completion of geophysical logging.
In case of geophysical survey, the logistic support shall include physical sighting of boreholes in the block
besides supply of coordinates of boreholes.
4.19 Locations of all surface features (natural & artificial) shall be surveyed by the Bidder for their three
dimensional co-ordinates. Spot levels at suitable intervals shall be taken up for generating contours at
specified interval for the entire area. The detailed survey for topographical mapping shall be carried out with
reference to the primary order of Control Stations or by establishing secondary order of Control Stations
(with reference to primary order of control station), depending upon nature and extent of the area. Any
unusual condition or formation on the ground, forest area, location of rock outcrops (if visible on the surface)
and springs / falls, possible aggregate deposits etc. shall also be surveyed.
4.20 Spot levels shall be taken at about every 20m interval and also at closer interval wherever abrupt change in
ground elevation is found so that sufficient points properly distributed over entire area shall be located for
generating contours at specified intervals.
49
4.21 All surface features, contours including control stations, boundary pillars, forest area existing and / or
abandoned quarried etc. shall be shown on topographical plan / map by means of conventional symbols
(preferably symbol of Survey of India Maps).
4.22 The field survey work shall be conducted with DGPS/Total Station associated with software(s), Auto Set /
Precise leveling and other required surveying equipment in the following steps.
i) Establishing horizontal and vertical controls of primary and secondary/ tertiary orders.
ii) Detailed surveying and leveling for locating all kinds of surface features (natural & man made) and
contours at specified intervals.
iii) All surveying and leveling operations shall commence and close upon known control stations.
iv) All necessary precautions as per standard survey practice should be scrupulously observed to avoid
various types of errors.
v) Borehole and Block Boundary to be surveyed on WGS-84 Platform. The base should be fixed in
consultation with CMPDI.
4.23 Accuracy of the surveying & leveling: Linear accuracy of triangulation / trilateration (b) should be 1:1000.
Minimum accuracy of the surveying and leveling shall be as follows:
2 Secondary order
a) Traversing 10√ n 1:5000 - - do -
second
It is proposed that the following statutory rules and regulations be followed by the successful Bidder
undertaking the detailed coal exploration:
(a) The successful Bidder should follow all statutory rules, regulations applicable laws etc. and statutory
requirement related to government licenses, workmen compensation, insurance etc, including Minimum
Wage Act, for their personnel. Machine operators and others, to whom the work would be allotted,
should be provided safety shoes and helmets etc. by the successful Bidder. The successful Bidder is
required to indemnify CMPDI from any liability falling on CMPDI due to an act of commission/omission
50
by the successful Bidder or by its representatives or by its employees or by any third party in execution
of the contract. If CMPDI is made liable for such claim by the Court or other Authority, the same should
be reimbursed to CMPDI by the successful Bidder as if CMPDI has paid on their behalf.
The Successful Bidder is not required to indemnify CMPDI in the event of an act of
commission/omission by CMPDI including that contributing to the injury, sickness, disease or death.
(b) During the course of execution of the work, if any accident occurs whether major or minor, the
successful Bidder or his supervisory staff should inform the same immediately without any delay to the
concerned authorities and take steps in accordance with the Mines Act and other relevant laws, else, it
is envisaged to take necessary action against the successful Bidder or his supervisory staff for violation
of the mines act and other relevant laws.
Execution of the work with contract labour is prohibited vide notification U/S 10(1) contract labour
(Regulation & Abolition) Act, S.O 2063, dated 21.06.1988. So, the successful Bidder should execute
the work in such a way that the above Act is not violated in any manner.
Bidder shall have to make his own arrangement for accommodation/site office/store etc. The Successful
Bidder shall deploy all Supervisory & operation personnel and pay as per his norms. CMPDI shall not carry
any responsibility for the personnel deployed by the Bidder.
51
ANNEXURE-II
INTEGRITY PACT
Between
Central Mine Planning and Design Institute Limited (CMPDI) hereinafter referred to as “Principal”
And
Preamble
The Principal intends to award, under laid down organizational procedures, contract for Detailed Exploration in the -
----------------- Block, ----------------------- Coalfield of --------------- District in State of --------------------, offered vide Global
Notice Inviting Tender No. ………………………….. Dated ……………... The Principal values full compliance with all
relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in
its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal cooperates with the international Non-Governmental Organization
“Transparency International” (TI). Following TI’s national and international experience, the Principal has appointed
external independent Monitors [NIT document] who will monitor the tender process and the execution of the contract
for compliance with the principles mentioned above.
(1) The principal commits itself to take all measures necessary to prevent corruption and to observe
the following principles:-
1. No employee of the Principal, personally or through family members, will in connection with
the tender for, or the execution of the contract, demand, take a promise for or accept, for
him/herself or third person, any material or immaterial benefit which he/she is not legally
entitled to.
2. The Principal will, during the tender process treat all Bidders with equity and reason. The
Principal will in particular, before and during the tender process. Provide to all Bidders the
same information and will not provide to any Bidder confidential/additional information through
which the Bidder could obtain an advantage in relation to the tender process or the contract
execution.
3. The principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in
this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary
actions.
(1) The Bidder/Contractor commits itself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the tender process
and during the contract execution.
1. The Bidder/Contractor will not, directly or through any other person or firm offer, promise or
give to any of the Principal’s employees involved in the tender process or the execution of the
contract or to any third person any material or immaterial benefit which he/she is not legally
entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the
tender process or during the execution of the contract.
2. The Bidder/Contractor will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions
to restrict competitiveness or to introduce cartelization in the bidding process.
52
3. The Bidder/Contractor will not commit any offence under the relevant Anti-corruption Laws of
India, further the Bidder/Contractor will not use improperly for purposes of competition or
personal gain, or pass on to others, any information or document provided by the Principal as
part of the business relationship regarding plans, technical proposals and business details
including information contained or transmitted electronically.
4. The Bidder/Contractor will, when presenting his bid, disclose any and all payments he has
made, is committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract.
(2) The Bidder/Contractor will not instigate third persons to commit offences outlined above or be an
accessory to such offences.
Section-3: Disqualification from tender process and exclusion from future contracts.
If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any
other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to
disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.
(1) If the Bidder/Contractor has committed a transgression through a violation of Section 2 such as to
put his reliability or credibility into question, the Principal is entitled also to exclude the
Bidder/Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be determined
by the circumstances of the case, in particular the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the damage. The
exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
(2) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to resort to
and impose such exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freshly and after obtaining independent legal advice.
(3) If the Bidder/Contractor can prove that he has restored/recouped the damage caused by him and
has installed a suitable corruption prevention system, the Principal may revoke the exclusion
prematurely.
(4) A transgression is considered to have occurred if in light of available evidence no reasonable doubt
is possible.
(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to
Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages
equivalent to 3% of the value of the offer or the amount equivalent to Earnest Money Deposit/Bid
Security, whichever is higher.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contract according to Section 3, the Principal shall be entitled to demand and recover
from the Contractor liquidated damages equivalent to 5% of the contract value or the amount
equivalent to Security Deposit/Performance Bank Guarantee, whichever is higher.
(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only
to condition that if the Bidder/Contractor can prove and establish that the exclusion of the Bidder
from the tender process or the terminate of the contract after the contract award has caused no
damage or less damage that the amount of the liquidated damages, the Bidder/Contractor shall
compensate the Principal only to the extent of the damage in the amount proved.
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other
Company in any country conforming to the TI approach or with any other Public Sector Enterprise
in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or the contract, if already awarded, can be terminated for such reason.
53
Section-6: Equal treatment of all Bidders/Contractors/Subcontractors
(1) The Bidder/Contractor undertakes to demand from all subcontractors a commitment in conformity
with this Integrity Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreement with identical conditions as this one with all Bidders,
Contractors and Subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate
its provisions.
Section-8: External Independent Monitor/Monitors (three in number depending on the size of the contract)
(to be decided by the Chairperson of the Principal).
(1) The Principal appoints competent and credible external independent Monitor for this Pact. The task
of the Monitor is to review independently and objectively, whether and to what extent the parties
comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representative of the parties and performs his
functions neutrally and independently. He reports to the Chairpersons of the Board of the Principal.
(3) The Contractor accepts that the Monitor has the right to access without restriction to all Project
documentation of the Principal including that provided by the Contractor. The Contractor will also
grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Subcontractors. The
Monitor is under contractual obligation to treat the information and documents of the
Bidder/Contractor/Subcontractor with confidentially.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations
between the Principal and the Contractor. The parties offer to the Monitor the option to participate
in such meeting.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform
the Management of the Principal and request the Management to discontinue or heal the violation,
or to take other relevant action. The Monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act
in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to
10 weeks from the date of reference or intimation to him by the “Principal” and, should the occasion
arise, submit proposals for correcting problematic situations.
(7) Monitor shall be entitled to compensation on the same terms and being extended to/provide to
Outside Expert Committee members/Chairman as prevailing with Principal.
(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence
under relevant Anti-Corruption Laws of India, and the Chairperson has not within reasonable time,
taken visible action to proceed against such offences or reported it to the Vigilance Office, the
Monitor may also transmit this information directly to the Central Vigilance Commissioner,
Government of India.
(9) The word “Monitor” would include both singular and plural.
This Pact begins when both parties have legally signed it. It expires for the Contractor (i.e. Lead Partner in
case of Joint Venture) 12 months after the last payment under the respective contract and for all the Bidders
(i.e. other partners of the Joint Venture) 6 months after the contract has been awarded.
If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite
lapse of this pact as specified above, unless it is discharged/determined by the Chairperson of the Principal.
54
Section-10: Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. Ranchi.
(2) Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
55
ANNEXURE-III
BANK GUARANTEE PROFORMA FOR PERFORMANCE SECURITY/GUARANTEE
(TO BE STAMPED IN ACCORDANCE WITH STAMP ACT)
(TO BE ISSUED BY ANY NATIONALISED/ SCHEDULED BANK AUTHORISED BY RBI TO ISSUE A BANK
GUARANTEE)
To,
Central Mine Planning & Design Institute Limited,
Gondwana Place, Kanke Road, Ranchi -834031
In consideration of the Central Mine Planning & Design Institute Limited, having its Registered office at
Gondwana Place, Kanke Road, Ranchi -834031 (hereinafter called to as the “Employer” which expression shall
unless repugnant to the context or meaning thereof, include all successors, administrators and assigns) having
awarded to _______________ [Name & Address of the Contractor] (hereinafter called to as “Contractor” which
expression shall unless repugnant to the context of meaning thereof include its successors, administrators, executors
and assigns) the work ________________ [Name of the Work] by issue of Letter of Award No. ________ [Work
Order/Letter of Intent No.] and the same having been unequivocally accepted by the Contractor resulting into a
Contract Agreement dated __________ valued at ________________ [value of Work Order] (hereinafter called ‘the
Contract’) and the Employer having agreed to accept Performance Bank Guarantee of ___ [indicate figure]% of the
Contract Sum _____________ [amount in figures and words) from a Nationalized/Scheduled Bank for due
performance of the work executed by the Contractor as per the terms & conditions contained in the said Contract.
We, ____________________ [name of the Bank], of ________________ [address of the Bank] (hereinafter
called to as “Bank” which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer immediately on
demand and or, all money payable by the Contractor to the extent of __________________ [amount of guarantee
in figures and words ], at any time from _________ to _________ without any demur, reservation, recourse, contest
or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall
be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein contained
shall be irrecoverable and shall continue to be enforceable as per the terms & conditions contained in the said
Contract.
The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee, from time to time, to extend the validity of time of Performance of the Contract by the Contractor. The
Employer shall have the fullest liberty without affecting this Guarantee, to postpone, from time to time, the exercise
of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same
at any time in any manner, and either to enforce or to forebear or to enforce any covenants contained or implied in
the Contract, between the Employer and the Contractor or any other course or remedy or security available to the
Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer
of its liberty with reference to matter aforesaid or any of them or by reason of any other act of forbearance or other
acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by
any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the
Bank. The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the
Bank as a Principal Debtor in first instance, without proceeding against the Contractor and notwithstanding any
security or other Guarantee that the Employer may have in relation to the Contractor’s liabilities.
Dated this ______________day of _______________ at _________________
For and on behalf of the Bank.
Signature _________________________
Name _________________________
Designation _________________________
Common Seal of Bank _________________________
56
ANNEXURE-IV
MANDATE FORM FOR ELECTRONIC FUND TRANSFER/INTERNET BANKING PAYMENT.
To
Central Mine Planning & Design Institute Limited,
Gondwana Place, Kanke Road, Ranchi -834031
Sub: Authorization for release of payment due from Central Mine Planning & Design Institute Limited,
Gondwana Place, Kanke Road, Ranchi through Electronic Fund transfer/ Internet Banking.
(SBI-NET)
Ref: Order No._______ Date _______ and/or Tender/Enquiry/Letter No. ________ Date _________
(Please fill in the information in CAPITAL LETTERS, Please TICK wherever it is applicable).
1. Name of the Party :
_____________________________________________
2. Address of the Party : _____________________________________________
City ____________________ _ PIN Code___________
3. E- Mail Id _____________________________________
4. Permanent Account Number ______________________________
5. Particulars of Bank
Bank Name Branch Name
Branch Place Branch City
PIN Code Branch Code
MICR No.
(9 Digits code number appearing on the MICR Band of the cheque supplied by the Bank. Please attach Xerox
copy of a cheque of your bank for ensuring accuracy of the bank name, branch name and code number)
RTGS
CODE
Account Savings Current Cash Credit
Type
Account Number (as appearing in
the Cheque Book)
4. Date from which the mandate should be effective: _______________________________
I hereby declare that the particulars given above are correct and complete. If any transaction is delayed or
not effected for reasons of incomplete or incorrect information. I shall not hold Central Mine Planning &
Design Institute Limited responsible. I also undertake to advise any change in the particulars of my account
to facilitate updation of records for purpose of credit of amount through SBI Net.
Place:
Date:
Signature of the party/Authorized Signatory.
Certified that the particulars furnished above are correct as per our records.
Banker’s Stamp :
Date: (Signature of the Authorized official from the Banks)
57
ANNEXURE-V
Our firm has not been suspended, banned or de-listed by any Government or Quasi-Government agencies or
PSU’s.
58
ANNEXURE VI
I DO HEREBY UNDERTAKE
1. That all the information being submitted by me/us is genuine, authentic, true and valid on the date of submission
of tender and if any information is found to be false at any stage of tendering or contract period I/We will be liable
to the following penal actions apart from other penal actions prescribed elsewhere in the tender document.
a. Cancellation of my/our bid/contract(as the case may be)
b. Forfeiture of EMD
c. Punitive action as per tender document
2. That I/we accept all terms and condition of NIT, including General Terms and Condition and Special/Additional
Terms and Condition as stated there in the tender document as available on the website.
3. That I/we accept the Integrity Pact as given in the tender document (if applicable).
4. That I/we am/are giving my/our consent for e-payment and submitting/shall submit the mandate form for e-
payment in the format as prescribed in the document in case, the work is awarded to us.
5. That I/we do authorize CIL/subsidiary for seeking information/clarification from my Bankers having reference in
this bid.
6. That I/we will upload original/certified photo/scanned of all the relevant documents as prescribed in the tender
document in support of the information and data furnished by me/us online.
7. I/We confirm that I/We have not been banned or de-listed by any Govt. or Quasi Govt. agencies or PSUs. In
case We are banned or delisted this information shall be specifically informed to the tender issuing authority.
8. That I/We accept all the undertakings as specified elsewhere in the tender document.
9. That this online agreement will be a part of my bid and if the work is awarded to me/us, this will be a part of our
agreement with CIL/subsidiary Company.
Yours faithfully,
(Signature of Bidder ; OR
Authorised person of bidder; OR
DSC Holder bidding online with
authorisation from bidder)
59
Annexure-VII
Format of “Letter of Bid” (for Works & Services Tenders)
Letter of Bid
To,
The Tender Committee,
Central Mine Planning & Design Institute, Ranchi.
Yours faithfully,
(Signature of Bidder ; OR
Authorised person of bidder; OR
DSC Holder bidding online with
authorisation from bidder)
1. Name of the Signatory :
2. Status of Signatory :
(Whether he is the Bidder himself OR Authorised person of bidder OR DSC Holder bidding online with
authorisation from bidder)
3. Address :
4. e-Mail Address :
(This document is digitally signed by the DSC holder authorised by the bidder and therefore no physical
signature is required)
60
Annexure-VIII
PROFORMA for Undertaking to be submitted by Bidder/s (On Bidder's Letter Head) for Genuineness of the Information
furnished on-line and authenticity of the Documents uploaded on-line in support of his Eligibility:
FORMAT OF UNDERTAKING
I / We …………………………………………..... Proprietor/Partner/Legal Attorney/ Director/ Accredited Representative
of M/S. ......................., solemnly declare that:
1. I/ We am/ are submitting Bid for the work……......................................................against NIT No/Tender
ID......................... Dated………………… and I/ we offer to execute the work in accordance with all the terms,
conditions and provisions of the bid.
2. I / Our Partners / Directors don’t has/have any relative as employee of Central Mine Planning and Design
Institute, Ltd, Ranchi.
3. All information furnished by us in respect of fulfillment of eligibility criteria and qualification information of this Bid
is complete, correct and true.
4. All copy of documents, credentials and documents submitted along with this Bid are genuine, authentic, true and
valid.
5. I/ We hereby authorize department to seek references / clarifications from our Bankers.
6. We hereby undertake that we shall register and obtain license from the competent authority under the contract
labour (Regulation & Abolition Act) as relevant, if applicable.
7. * I/ We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make necessary payments
as required under law.
Or
* I/ We hereby undertake that we shall take appropriate steps for registration as relevant under CMPF / EPF
authorities, if applicable. We shall make necessary payments as required under law.
8. * I/ We have not been banned or delisted by any Govt., or Quasi Govt. Agencies or PSUs (In case of JV, all
partners are covered).
Or
* I / We ………………..have been banned by the organization named “_____________” for a period
of………………… year/s, effective from ………………. to……………………..…..(in case of JV, name(s) of the
JV Partner(s)).
9. If any information and document submitted is found to be false/ incorrect at any time, department may cancel
my/our Bid and action as deemed fit may be taken against me/us, including termination of the contract, forfeiture
of all dues including Earnest Money and banning/ delisting of our firm and all partners of the firm etc.
[* Delete whichever is not applicable.]
Yours faithfully,
(Signature of Bidder ; OR
Authorised person of bidder; OR
DSC Holder bidding online with
authorisation from bidder)
1. Name of the Signatory :
2. Status of Signatory :
(Whether he is the Bidder himself OR Authorised person of bidder OR DSC Holder bidding online with
authorisation from bidder)
3. Address :
4. e-Mail Address :
61
Annexure-IX
AGREEMENT FORM
Whereas the Employer is desirous that the Contractor execute for Detailed Exploration in the ------------------ Block, ---
-------------------- Coalfield of --------------- District in State of -------------------- offered vide Global Notice Inviting Tender
No. CMPDI/EXPLORATION/GPH (GLOBAL-______) dated _______ & Tender Reference No.
___________________ (hereinafter called "the Works") and the Employer has accepted the Bid by the Contractor for
the execution and completion of such Works and the remedying of any defects therein.
1. In this agreement, works and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read
and construed as part of this agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned,
the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any
defects therein in conformity in all respects with the provisions of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of
the Works and the remedying of the defects wherein the Contract price or such other sum as may become
payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of this Agreement,
viz. :
IN witness whereof the parties thereto have caused this Agreement to be executed the day and year first before
written.
62
Annexure-X
FORMAT OF CONSORTIUM AGREEMENT/ MEMORANDUM
OF UNDERSTANDING WITH ASSOCIATE(S)
(Format for the Consortium Agreement/ MoU between the Bidder i.e.
Lead Member & its Associate(s) and to be submitted by Bidders)
(To be executed on Non-Judicial Stamp Paper of appropriate value and notarised)
Sub: Detailed Exploration in the ____ Block, ____ Coalfield of ____ District in the State of
____
Ref: Detail E-Tender Notice No. ………..……………………………
2.0 That M/s ………………………….. (Bidder/ Associate or Consortium members)* have the
experience as per Clause No 9.1 (A) and (B) of Detail E-Tender Notice whose details are given
hereafter.
Sl. No. Name of Area of Number of related projects Details of the last project Remarks
Associate Experience handled independently or as completed successfully (As on
Consortium associate member and the last day of month previous to
members years of experience in the the one in which Bid is invited)
indicated field
1
2
3
3.0 That M/s ……………………………… shall be the Lead Member for this Associate/ Consortium.
4.0 That M/s ……………..……….………. (Name of the Bidder i.e. Lead Member) has associated
with (1) M/s ………..………….(2) M/s…….………….& (3) M/s………….……. *(name of the
Associate or Consortium partners) for the subject work as per the roles, responsibilties and
tenure in association as given hereafter:
Sl. Name of Bidder (LM) & Role of Bidder/ Associate/ Consortium Members Tenure of Association**
No. Associate/ Consortium
partners
M/s……….. (Bidder/ LM) Set up/ Operation & Financial Qualification Entire Contract Period
63
5.0 That M/s …………………. (Bidder i.e. Lead Member) have formed consortium with (1) M/s
……………. ………… (2) M/s……………. & (3) M/s………………………* (name of Associate/
Consortium members) having collective experience towards Detailed Drilling and Geological
Report preparation as per para 2.0 of this Consortium Agreement/ MoU. We hereby undertake
that this Consortium Agreement/ MoU as per the provision of the Bid Document shall remain
valid for the term of association as specified at para 4.0 of this Consortium Agreement/ MoU
6.0 That this Consortium Agreement/ MoU shall be valid till this subject work is completed.
7.0 That the above Consortium Agreement/ MoU shall be governed by substantive and procedural
laws in India.
Signature : ……………………………………………….
(The Authorized Signatory)
Designation : ……………………………………………….
Date:
Place:
* Strike out which is not applicable.
** Association/ Consortium formed for execution of this subject work will be effective from the
date of signing of the Consortium Agreement/ MoU.
64
Annexure-XI
SALIENT FEATURES
1. Name of the Block: Mirjagaon-Shrinagar (Mirzagaon)
2. Area: 46.17 Sq. Km.
3. Toposheet: 72 O/8 (G45P8)
4. Co-ordinates: Latitude 25°12'14.778"N - 25°15'11.152"N
Longitude 87°20'7.948"E - 87°26'42.217"E
POINT_ID LONG LAT EAST NORTH
A 87° 21' 38.486" E 25° 15' 11.152" N 536322.431 m 2793022.166 m
B 87° 26' 41.594" E 25° 15' 9.063" N 544801.546 m 2792983.336 m
C 87° 26' 42.217" E 25° 12' 14.778" N 544836.707 m 2787622.462 m
D 87° 25' 57.556" E 25° 12' 28.876" N 543585.492 m 2788052.052 m
E 87° 25' 16.092" E 25° 12' 49.645" N 542423.201 m 2788687.184 m
4.A. Cardinal Points F 87° 24' 11.771" E 25° 13' 30.116" N 540619.607 m 2789926.551 m
details G 87° 23' 28.681" E 25° 13' 39.866" N 539413.105 m 2790222.885 m
H 87° 23' 14.631" E 25° 13' 22.700" N 539021.521 m 2789693.718 m
I 87° 22' 41.564" E 25° 13' 1.744" N 538098.119 m 2789046.506 m
J 87° 22' 16.010" E 25° 12' 22.638" N 537386.392 m 2787841.630 m
K 87° 20' 56.297" E 25° 12' 52.938" N 535153.305 m 2788767.674 m
L 87° 20' 23.580" E 25° 12' 52.670" N 534237.844 m 2788757.091 m
M 87° 20' 7.948" E 25° 12' 57.087" N 533800.086 m 2788891.855 m
5. Coal field: Rajmahal-Birbhum Group of Coalfields
6. State: Bihar
7. District: Bhagalpur
8. Nearest Railhead: Pirpainti Railway Station
9. Nearest Town: Sainthia
10. Accessibility: The Sahibganj loop line of Eastern Railway passes through the northern part of the area and connects
it with Kolkata in the south-east and Patna in the west. The nearest rail head is Pirpainti Railway
Station. Kahalgaon and Bhagalpur Railway Stations are located at about distance of 21km and 51km
respectively. The Godda - Pirpainti Road passes through the area and connects the area with Dumka,
The different parts of the area can be approached by a number of fair weather branching off roads
which join the Godda–Pirpainti road both from east and west direction.
11. No. of Proposed BHs: 320 (Coring-240 & Non-coring-80)
12. Total Meterage: Total-127635m (Coring-95005m & Non-coring-32630m)
13. Broad Terrain Details: The entire area is covered by Gangetic alluvium with isolated hillocks at north eastern part (Shitalpur
and Shampur) consisting of Rajmahal traps and inter-trappean beds. The general elevation of the
alluvial plain which adjoins the Ganga River ranges from 40m to 60m above M.S.L. The river Ganga,
flowing eastwards, is far away from the northern boundary of the area.
The area is practically devoid of forests. Small shrubs and bushes are found on the isolated hillocks.
The alluvial plain is extensively cultivated throughout the year.
14. Sequence of
As per the Regional Exploration Report of Mirjagaon Area by GSI
Formation & Coal Seam:
Formation & Coal seam/ Generalised Thickness (m)
Remarks
Parting (m) Min Max
Quaternary Sediments 4.40 70.00
Rajmahal Trap 69.00 91.05
Dubrajpur/Infratrappean
Bed 12.00 63.50
Barakar Formation 131.50 481.00+
Parting 17.25 129.39
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Seams in Barakar Formation
Seam Zone-D 2.18 101.80 Cumulative coal thickness varies from 1.33m - 8.30m
Parting 24.21 49.90
Seam Zone-C 42.25 81.72 Cumulative coal thickness varies from 8.92m - 13.43m
Parting 1.20 58.18
Seam Zone-B 33.75 134.60 Cumulative coal thickness varies from 7.05m - 27.10m
Parting 30.55 68.45
Seam Zone-A 2.40 24.75 Cumulative coal thickness varies from 0.80m - 6.80m
Parting 12.35 43.70
Chhotonagpur Gneissic
Complex Talchir Formation is not developed in the area.
15. Past Exploration: Regional exploration by GSI (FSP No: ME/ER/HQ/2013/001 )
967.74mt (Non Coking, Grade- C to G) Inferred Reserve of thick seams (>0.90m thick ) within
16. Tentative Reserve: the depth range of 0-1200 m in the area 25 sq. km. reported by GSI. As the area has been
increase up to 40 sq. km. the estimated reserve is expected to be much higher.
17. Constraints:
1. The western boundary of the block extends up to the metamorphic contact which is
tentatively extrapolated from the few available borehole data. Therefore, the western boundary
of this block is subjected for modification/change on the basis of geophysical survey and
ongoing exploration data.
2. The probable depth of target seam of this block has been calculated from the basis of the
borehole data (RBMG series) from GSI report of Mirjagaon area. The RJNE series borehole data
did not considered for preparing the scheme as these borehole did not correlated/considered
by GSI in the said report. The final depth of boreholes during detailed exploration is likely to
vary depending upon the detailed geological data in course of exploration.
3. Moreover the non coal portion of the Barakar Formation is in general loose and friable in
nature. There is also likelihood of encounter of running sand in this block.
66
Signature Not Verified
Digitally signed by DEBASHISH GHOSH
Date: 2018.10.30 17:51:48 IST
Location: Coal India Limited
67