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‘Under Jurisdiction of Bilaspur Court only’ FAX : 07815-275434

साउथ ई टन कोलफ़ स ल मटे ड GRAM : GEVRA COAL

South Eastern Coalfields Limited PHONE : 07815-275419 (o)


(A Mini-Ratna PSU) (CIN: U10102CT1985GOI003161) P.O. : GEVRA PROJECT
पंिज .कयालय : सीपतरोड , बलासपरु ) छ.ग .495006 DISTT. : KORBA (C.G.)
Regd. Office: Seepat Road, Bilaspur-495 006 (C.G.)
PIN 495452
[email protected]
Office of the General Manager (E&M)/HoD/ Gevra Area
NIT No : SECL/GM/GA/SO(ENM)/ E-TENDER/21-22/ 123 Date: 04.02.2022

िनिवदा सूचना
NOTICE INVITING TENDER
FOR ESTIMATED VALUE PUT TO TENDER UP TO 50.00 LAKHS

1. Tenders are invited on-line under Single Cover system on the website
https://coalindiatenders.nic.in from the eligible bidders having Digital Signature
Certificate (DSC) issued from any agency authorized by Controller of Certifying
Authority (CCA), Govt. of India and which can be traced up to the chain of trust to the
Root Certificate of CCA, for the following work:

Estimated Value
Period of
(Updated Cost Earnest
Description of work Location of Work) Completion
Money (In Rs.)
(Including GST) (In Days)
(In Rs.)
12,400/-
Work of Assistance Area –
in transportation, GEVRA (1.25% of the
loading and PROJECT Estimated Cost
unloading of store Distt. - of work put to
9,91,048/- tender, rounded 365
materials at the KORBA
off to next
charged off store PIN -
hundred subject
(E&M) of Gevra 495452
to maximum of
Project. Rs.50 lacs.)

i) Details of GST Registration of SECL:

GSTIN of Chhattisgarh (CG) Madhya Pradesh (MP) West Bengal (WB)


SECL 22AADCS2066E9ZL 23AADCS2066E1ZR 19AADCS2066E1ZG

ii) Salient Details of Tender:

Goods & Services Tax (GST) Not Applicable/ Applicable


Input Tax Credit (ITC) to SECL Applicable
Price Variation Clause (Escalation) Applicable
Payment of Wages to Contractor’s Labours As per Minimum Wages Act of
Central/State Govt. (Higher)
Participation of Joint Venture Not Allowed

iii) For Site visit of location of work, the prospective bidder(s) may contact …………………

(1) NIT No. - _______ dtd. _____


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

SO (E&M)/GEVRA AREA MK THAKUR

2. Time Schedule of Tender:

Sl.
Particulars Date Time
No
a. Tender e-Publication date 07.02.2022 10.00 hour
b. Document download start date 07.02.2022 10.00 hour
c. Document download end date 17.02.2022 17.00 hour
d. Bid Submission start date 08.02.2022 10.00 hour
e. Bid submission end date 17.02.2022 17.00 hour
f. Start date for seeking Clarification on- 10.00 hour
line 07.02.2022
g. Last date for seeking Clarification on-line 13.02.2022 17.00 hour
h. Date of Pre-bid meeting (if any) NA N.A.
i. Bid Opening date 19.02.2022 11.00 hour

Note: The auto extension of submission of bid shall be applicable as per details mentioned in
clause No.14 of NIT.

3. Earnest Money Deposit (EMD):


The bidders have to make payment of EMD either through Net-banking or through
NEFT/RTGS from any scheduled Bank. In case of payment through Net-banking the
money will be immediately transferred to SECL’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 by the system to submit the
bid only when the EMD is successfully received in SECL’s account and the information
flows from Bank’s Server to e-Procurement portal.

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

5. Clarification of Bid:
The bidder may seek clarification on-line within the specified period. However, the
management will clarify as far as possible to the relevant queries. The identity of the
Bidder will not be disclosed by the system. The clarifications given by department will be
visible to all the bidders intending to participate in that tender.

6. User Portal Agreement:


The bidders have to accept the on-line user portal agreement which contains the
acceptance of all the Terms and Conditions of NIT and tender document, undertakings
(2) NIT No. - _______ dtd. _____
and the e-Procurement system through https://coalindiatenders.nic.in in order to
become an eligible bidder. This will be a part of the agreement.

7. Eligible Bidders:
The invitation for bid is open to all bidders including an individual, proprietorship firm,
partnership firm, company, Joint Venture having eligibility to participate as per eligibility
criteria stipulated in clause No.8 of NIT and having Digital Signature Certificate (DSC)
issued from any agency authorized by Controller of Certifying Authority (CCA), Govt.
of India and which can be traced up to the chain of trust to the Root Certificate of CCA.

Note: Joint Venture is not allowed to participate in the tender.

8. Eligibility Criteria:

A. Permanent Account Number (PAN) :


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

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

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


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

Scanned copy of documents to be uploaded by bidders (BIDDER SPACE/ MY


DOCUMENT): PAN CARD of the bidder

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


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

In respect of the above eligibility criteria the bidder is required to furnish the
following information online:
i) Confirmation in the form of Yes/No regarding possessing of required document as
enlisted in NIT with respect to GST status of the bidder.

Scanned copy of documents to be uploaded by bidders (BIDDER SPACE/ MY


DOCUMENT): GST Registration of the bidder

Note:
i) If turnover of bidder exceeds exemption/threshold limit, the bidder must have GST
registration as per GST Act and rules.
ii) During the execution of the contract if the GST status of the bidder changes, then
the payment of GST, if any, to the contractor will be made as per the GST status
declared by the bidder during tender stage based on which cost to company has
been ascertained or at actuals, whichever is lower.

C. Purchase Preference under ‘Make in India’ Policy for “Local supplier”.

(3) NIT No. - _______ dtd. _____


Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II)
dated 04.06.2020, issued by Govt. of India as amended from time to time shall be
applicable.

In terms of the above said policy, purchase preference shall be given to Class-I local
supplier.

In terms with the above said policy, Class-I local suppliers and Class-II local suppliers
shall be eligible to bid.

The definitions of Class-I Local Supplier, Class-II local supplier, Non-Local supplier, Local
Content and Margin of Purchase Preference as per above mentioned Order are as
follows:-
A. ‘Class-I local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 50%, as
defined under said order.

B. ‘Class-II local supplier’ means a supplier or service provider, whose goods, services
or works offered for procurement, has local content more than 20% but less than 50%,
as defined under said order.
C. ‘Non-Local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content less than or equal to 20% as defined
under said order
D. ‘Local Content’ means the amount of value added in India which shall be the total
value of the item procured (excluding net domestic indirect taxes) minus the value of
imported content in the item (including all customs duties) as a proportion of the total
value, in percent.
E. ‘Margin of Purchase Preference’ means the maximum extent to which the price
quoted by a Class-I local supplier may be above the L1 for the purpose of purchase
preference. The margin of purchase preference is 20%.

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

i) Confirmation in the form of Yes/No regarding possessing of required document


indicating percentage of local content as enlisted in NIT.

Note:-
I. If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at the
time of bidding shall submit either self-certification indicating the percentage of local
content in the offered items.
II. If the estimated value of procurement is more than Rs. 10 crores, all the Bidders shall
submit along with its bid a certificate from the statutory auditor or cost auditor of
the company (in case of companies) or from a practicing cost accountant or practicing
chartered account (in respect of suppliers other than companies) giving the
percentage of local content.

Scanned copy of documents to be uploaded by bidder(s) in support of information /


declaration furnished online by the bidder against Eligibility Criteria as Confirmatory
Document.

(4) NIT No. - _______ dtd. _____


9. Submission of Bid:
a. Bidder Online Registration:
In order to submit the Bid, the bidders have to get themselves registered online on the e-
Procurement portal of CIL (https://coalindiatenders.nic.in) with valid Digital Signature
Certificate (DSC) issued from any agency authorized by Controller of Certifying
Authority (CCA), Govt. of India and which can be traced up to the chain of trust to the
Root Certificate of CCA. The online Registration of the Bidders on the portal will be free
of cost and one time activity only. The registration should be in the name of bidder,
whereas DSC holder may be either bidder himself or his duly authorized person. The
bidder is one whose name will appear as bidder in the e-Procurement Portal.
b. User Portal Agreement:
The bidders have to accept unconditionally the online user portal agreement which
contains the acceptance of all the Terms and Conditions of NIT including General and
Special Terms & Conditions, Integrity Pact and other conditions, if any, along with on-
line undertaking in support of the authenticity of the declarations regarding the facts,
figures, information and documents furnished by the Bidder on-line in order to become
an eligible bidder. No conditional bid shall be allowed/accepted.

c. General Technical Evaluation (GTE) and Bidder’s space/ My Document:


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

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

Sl. Eligibility Scanned copy of document(s) uploaded by bidder in


No. Criteria Bidder’s space/ My Document

1 2 3
1. Permanent PAN card issued by Income Tax department, Govt. of India.
Account
Number
(Ref. Clause
No.8(A) of NIT)

2. Goods and The following documents depending upon the status w.r.to
Services Tax GST as declared by Bidder in the BOQ sheet:
(GST) Status of
a) Status: GST Registered Bidder under regular scheme
Bidder (Not
Document: GST Registration Certificate (i.e. GST
Applicable for
identification Number) issued by appropriate authority of
Exempted
India.
Services)
(Ref. Clause b) Status: GST Registered Bidder under composition scheme
No.8(B) of NIT Document: GST Registration Certificate (i.e. GST
and BOQ) identification Number) issued by appropriate authority of
India.

(5) NIT No. - _______ dtd. _____


c) 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 in compliance with the
relevant GST rules of. India.

[In case of JV a Certificate from a practicing Chartered


Accountant having membership number with Institute of
Chartered Accountants of India confirming the status of JV
w.r.t GST in compliance with relevant GST rules or GST
Registration Certificate of JV]

3. Legal Status of Document(s) covered under any one of the following sub-
the bidder head(s):

i. Affidavit or any other document to prove


Proprietorship/Individual status of the bidder.
ii. Partnership deed containing name of partners
iii. Memorandum & Article of Association with certificate of
incorporation containing name of bidder.
iv. In case of MSME, copy of documentary evidence(s),
issued by their registering authority whether they are
either small enterprise or micro enterprise as per
provisions of Public Procurement Policy for Micro and
Small Enterprise (MSEs) Order, 2012 with latest
guidelines/clarifications provided by MoMSME
(Applicable for Service Nature of tenders only).

d. Confirmatory Documents:
All the confirmatory documents as enlisted in the NIT in support of online information
submitted by the bidder are to be uploaded in Cover-I by the bidder while submitting
his/her/their bid.

Scanned copy of documents to be uploaded by bidder(s) in


Eligibility support of information/declaration furnished online by the
Criteria bidder against Eligibility Criteria (CONFIRMATORY
DOCUMENTS)
1 2 3
1. Digital If the bidder himself is the DSC holder bidding on-line then
Signature no document is required.
Certificate
However, if the DSC holder is bidding online on behalf of the
(DSC)
bidder then the Power of Attorney or any sort of legally
acceptable document for the authority to bid on behalf of the
bidder.
2. Undertaking Undertaking regarding relatives as employees of company,
Registration with CMPF/ EPF authorities, Banning/
Delisting of Bidder, Arbitration clause (in case of
partnership/Joint Venture firm), Local supplier status of the
Bidder as per clause 8(C) of NIT etc as per the format given
in the bid document at Annexure XV.

(6) NIT No. - _______ dtd. _____


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.

b) Letter of Bid (LoB):


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

c) Price bid:
The Price bid containing the Bill of Quantity will be in Excel format and will be
downloaded by the bidder and bidder will quote the rates for all items on this Excel file.
Prior to quoting the rates in the BOQ file, the bidder will select the appropriate status
from the following drop down list given in the BOQ:-
I. Status: GST Registered Bidder under regular scheme
II. Status: GST Registered Bidder under composition scheme
III. Status: GST unregistered bidder
The rates quoted by the bidder will be excluding GST and GST component (to be paid by
CIL / Subsidiary and/or the bidder) will appear as a separate entity. The component of
GST will be taken by the system based on the status of bidder selected by the bidder
during bid submission and with the pre-defined business logic given in the BOQ file by
the department. This file will be digitally signed and uploaded by the bidder after
ascertaining the correctness of facts and figures.
Thereafter, the bidder will upload the same Excel file during bid submission in cover-I.
The Price-bid (excluding GST) will be in Item Rate or Percentage Rate or Mixed
Rate[combination of Item Rate and Percentage Rate] BOQ format and the bidder will
have to quote for all the tendered items. The Price Bid of the tenderers will have no
condition. The price bid which is incomplete and not submitted as per instruction given
in this document is liable for rejection.

System for decision of L1 bidder

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

Case – 1: Supply for which INPUT TAX CREDIT (ITC) is not available to the
Company.
For calculation of Overall Bid Value, the GST [CGST, SGST/UTGST, IGST and GST
(compensation to state tax)] to be paid by the bidder or by CIL/ Subsidiary taken by the
system will be added to decide the L1 i.e the ranking of the Bidders will be decided based
on rates quoted by the bidders plus GST. This value of the bidder will be “the Cost to
Company”.
Then share of GST to be deposited by CIL/ Subsidiary, if any will be deducted from
overall bid value to arrive at the Contract value. The Price-bids of the tenderers shall have
no condition. The Price Bid which is incomplete and not submitted as per instruction
given above is liable for rejection.

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

(7) NIT No. - _______ dtd. _____


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

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

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

10. Bid Submission:


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

11. System Requirement:

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

12. Opening of Technical Bid:

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

13. Technical Evaluation of Tender:

a. After opening of bid, 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 corresponding to the information furnished online or in case
corresponding document have not been uploaded by L-1 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 7 days (7 x 24
hours) time for online re-submission by L-1 bidder. The L-1 bidder will get this
information on his personalized dashboard under “Upload confirmatory document”
link. Additionally, information shall also be sent by system generated email and SMS,
but it will be the bidder’s responsibility to check the updated status/information on
their personalized dash board regularly after opening of bid. No separate
communication will be required in this regard. Non-receipt of e- mail and SMS will
not be accepted as a reason of non-submission of documents within prescribed time.
The L-1 bidder will upload the scanned copy of all those specified documents in

(8) NIT No. - _______ dtd. _____


support of the information/ declarations furnished by them online within the specified
period of 7 days. No further clarification shall be sought from L-1 Bidder.

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
EMD of L-1 bidder will be forfeited. the bidder will be banned for (02) two years
from being eligible to submit Bids in CIL and its subsidiaries from date of issue of
such letter.

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 L2 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 Cl. 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).

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


required documents as mentioned in clause no. 9(b) titled- Confirmatory Documents.

k. If L1 bidder backs out (i.e. Techno commercially established L1 bidder), the EMD
will be forfeited and the bidder will be debarred for minimum one (1) year from
participating in tenders in SECL. the bidder will be banned for (02) two years from
being eligible to submit Bids in CIL and its subsidiaries from date of issue of such
letter. This banning shall be done under the provisions of the NIT and online
blocking of the bidder shall be done in CIL e-Procurement portal.

l. Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-
II) dated 04.06.2020, issued by Govt. of India as amended from time to time shall be
applicable. (NOT APPLICABLE WHERE ESTIMATED COST PUT TO TENDER IS
LESS THAN 5 LAKHS.)

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

(9) NIT No. - _______ dtd. _____


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

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

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

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

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

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

Verification of local content :

i) All the Bidders at the time of bidding shall submit self-certification indicating the
percentage of local content in the offered items.

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

(10) NIT No. - _______ dtd. _____


iii) False declarations will attract banning of business of the bidder for a period up to
two year and with process in line with clause 19 of GTC.

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

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


NATURE OF SERVICE TENDERS)

i) Subject to meeting terms and conditions stated in the tender document including but not
limiting to prequalification criteria, 25% of the work will be awarded to MSE as defined in
MSE Procurement Policy issued by Department of Micro, Small and Medium Enterprises
(MSME) for the tendered work/item. Where the tendered work can be split, MSE quoting
a price within a price band of L1 + 15% shall be awarded at least 25% of total tendered
work provided they match L1 price. In case the tendered work cannot be split, MSE shall
be awarded full work provided their quoted price is within a price band of L1 + 15% and
they match the L1 price.
ii) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1
price, the work may be shared proportionately if the job can be split. If the job cannot be
split, then the opportunity to match the L-1 rate of the tender shall be given first to MSE
who has quoted lowest rate among the MSEs and the total job shall be awarded to them
after matching the L-1 price of the tender. If the MSE who have quoted lowest rate among
the MSEs in the price band of L1 + 15% do not agree to match the rate of L1 of the tender,
then the MSE with next higher quoted rate in the price band of L1 + 15% shall be given
chance to match the rate of L1 for award of the complete job. This process to be repeated
in till work is awarded to MSE or MSE bidders are exhausted.
iii) Out of the 25% target of annual procurement from micro and small enterprises 3(three)
percent shall be earmarked for procurement from micro and small enterprises owned by
women. In the event of failure of such MSEs to participate in the tender process or meet
the tender requirements and L1 price, 3(three) percent sub-target so earmarked shall be
met from other MSEs.
iv) Out of the 25% target of annual procurement from micro and small enterprises 4(four)
percent shall be earmarked for procurement from micro and small enterprises owned by
Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to
participate in the tender process or meet the tender requirements and L1 price, four
percent sub-target so earmarked shall be met from other MSEs.

v) To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District
Authority must be submitted by the bidder in addition to certificate of registration with
anyone of the agencies mentioned in paragraph (I) above. The bidder shall be responsible
to furnish necessary documentary evidence for enabling CIL/ Subsidiary to ascertain that
the MSE is owned by SC/ST. MSE owned by SC/ST is defined as:
 In case of proprietary MSE, proprietor(s) shall be SC /ST
 In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in
the enterprise.
 In case of Private Limited Companies, at least 51% share shall be held by SC/ST

(11) NIT No. - _______ dtd. _____


promoters.
 In case of Public Limited Companies, at least 51% share shall be held by SC/ST
entrepreneurs at any given point of time.
vi) Classification of Micro and Small Enterprise are as under:
a. Micro Enterprise –Enterprise where the investment in plant and machinery or
equipment does not exceed one crore Rupees and turnover does not exceed five core
rupees.
b. Small Enterprise- Enterprise where the investment in plant and machinery or
equipment does not exceed ten crore Rupees and turnover does not exceed fifty core
rupees.
vii) The MSEs should be registered with District Industries Centers (DICs)/ Khadi & Village
Industries Commission (KVIC)/ Khadi & Village Industries Board (KVIB)/ Coir Board/
NSIC/ Directorate of Handicrafts and Handloom or any other body specified by Ministry
of Micro, Small & Medium Enterprises (MoMSME) are eligible for availing benefits under
the Public Procurement Policy for Micro and Small Enterprise (MSEs) Order, 2012 as
amended from time to time.
viii) The MSEs are required to submit copy of documentary evidence, issued by their
registering authority whether they are small enterprise or micro enterprise as per
provisions of Public Procurement Policy for Micro and Small Enterprise (MSEs) Order,
2012 with latest guidelines/clarifications provided by MoMSME.
ix) The existing MSE enterprises registered prior to 30th June 2020, shall continue to be valid
for a period up to 31.03.2021 only. Mandatorily bidders need to have “Udyam Registartion
Certificate” after 31.03.2021 for availing benefits under the Public Procurement Policy for
Micro and Small Enterprise (MSEs) Order, 2012 as amended from time to time.
x) If MSE Bidder withdraws his offers after last date of bid submission or fails to sign the
Agreement or commence the work as per Conditions of Contract then such Bidder shall
be banned for a minimum period of 1(One) year in line with provisions of Banning of
Business.

14. Auto Extension of Critical Date

If number of bids received online is found to be less than 03(three) on end date of bid
submission then the following critical dates of the Tender will be automatically extended
for a period of 04 (four) days ending at 17.00 hrs:
 Last date of submission of Bid.
 Last date of receipt of EMD/ Bid Security Declaration (as Applicable).
 Date of Opening of Tender.
If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in
the e-Procurement Portal then the same is to be rescheduled to the next working day.
This extension will be also applicable in case of receipt of zero bid.
Notes:
1. The validity period of tender should be decided based on the final end date of
submission of bids.
2. The auto extension shall work on the basis of number of bids received only. It may
so happen that any of these bids may be eventually rejected during Tender Opening,
Technical evaluation or further process of evaluation resulting the total number of
valid bids becoming less than 03(three).
3. After the extension, the tender shall be opened irrespective of available number of
bids on the extended date of opening of tender.

(12) NIT No. - _______ dtd. _____


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

15.2 Conflict of Interest-


A Bidder may be considered to have a Conflict of Interest with one or more parties in
this bidding process, if:

a) they have controlling partner(s) in common; or


b) they receive or have received any direct or indirect subsidy/financial stake
from any of them; or
c) they have the same legal representative/agent for purposes of this bid; or
dJ they have relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about or
influence on the bid of another Bidder; or
e) a Bidder or any of its affiliate participated as a consultant in the preparation
of the design or technical specification of the contract that is the subject of the
bid; or
f) in case of a holding company having more than one Subsidiary/Sister
Concern having common business ownership/management only one of them
can bid. Bidders must proactively declare such sister/common
business/management in same/similar line of Business;

All such Bidders having a Conflict of Interest, shall be disqualified

16. Refund of EMD :

a. 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 (as per format enclosed at Annexure-III) from the Bidder.
d. In case the tender is cancelled then EMD of all the participating bidders will be refunded
unless it is forfeited by the department.
e. If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)
then his/her EMD will be refunded automatically after the opening of tender.
f. The EMD of successful bidder (on Award of Contract) will be retained by SECL and will
be adjusted to Performance Security Deposit.
g. The Company reserves the right to postpone the date of receipt and opening of tenders or
to cancel the tenders without assigning any reason whatsoever.
h. This Tender Notice shall be deemed to be part of the Contract Agreement.
i. The Company does not bind itself to accept the lowest bid and reserves the right to reject
any or all the bid without assigning any reasons whatsoever and also to split up the work

(13) NIT No. - _______ dtd. _____


between two or more tenderers or accept the tender in part and not in its entirety, at its
sole discretion.

17. Site Visit:


17.1. The bidder, at the Bidder’s own responsibilities, cost and risk, is encouraged to
visit and examine the Site of Works and it’s surrounding, approach road, soil
condition, investigation report, existing works, if any, connected to the tendered
work, drawings connected to the work, if / as available and obtain all information
that may be necessary for preparing the Bid and entering into a contract for
execution of the works. The cost of visiting the Site shall be at the Bidder’s own
expense.
17.2. It shall be deemed that the Bidder has visited the Site/Area and got fully
acquainted with the working conditions and other prevalent conditions and
fluctuations thereto whether he/she/they actually visits the Site /Area or not and
has taken all the factors into account while quoting his/her/their rates.
17.3. The Bidder is expected, before quoting his rate, to go through the requirement of
materials/workmanship, specification, requirements and conditions of contract.
17.4. The Bidder, in preparing the bid, shall rely on the site investigation report referred
to in the bid document (if available), supplemented by any information available
to the Bidder.

18. Taxes and Duties:

All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if
applicable) only) and other levies, royalty, building and construction workers cess (as
applicable in States) payable by the bidder/Contractor under the Contract, or for any
other cause as applicable on the last date of submission of Bid, shall be included in the
rates, prices and the total Bid Price submitted by the Bidder. Applicable GST, if any,
either payable by bidder or by company under reverse change mechanism shall be
computed by system in BOQ sheet as per predefined logic.
All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools
and plants etc. as may be attendant upon execution and completion of works shall also
be included in the rates, prices and total Bid price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission
of Bid and/or any increase over the rate existing on the last date of submission of Bid
shall be reimbursed by the company on production of documentary evidence in support
of payment actually made to the concerned authorities.

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

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but
excluding GST & GST Compensation Cess, if applicable. The payment of GST and GST
Compensation Cess by service availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST
payable by bidder/contractor) would be made only on the latter submitting a
Bill/invoice in accordance with the provision of relevant GST Act and the rules made
there under and after online filing of valid return on GST portal. Payment of GST & GST
Compensation Cess is responsibility of the service provider/contractor.
Further, any GST credit note required to be issued by the bidder / contractor under the
GST provisions should be issued within the time limit prescribed under the GST law.
However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered
under composition scheme in compliance with GST rules, the bidder/dealer shall not
(14) NIT No. - _______ dtd. _____
charge any GST and/or GST Compensation Cess on the bill/invoice. In case of
unregistered dealer/bidder, GST, if applicable will be deposited by CIL/Subsidiary
directly to concerned authorities in terms with GST provisions.
Input tax credit is to be availed by CIL/Subsidiary as per rule.
If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services
and Capital Goods or the ITC claimed is disallowed due to failure on the part of
supplier/vendor of goods and services in incorporating the tax invoice issued to
CIL/Subsidiary in its relevant returns under GST, payment of CGST & SGST or IGST,
GST (Compensation to State ) Cess shown in tax invoice to the tax authorities, issue of
proper tax invoice or any other reason whatsoever, the applicable taxes & cess paid
based on such Tax invoice shall be recovered from the current bills or any other dues of
the supplier/vendor along with interest and penalty, if any.
The rates and prices quoted by the Bidder shall be fixed for the duration of the contract
and shall not be subject to variations on any account except to the extent variations
allowed as per the conditions of the contract of the bidding document.
The company reserves the right to deduct/ withhold any amount towards taxes, levies,
etc. and to deal with such amount in terms of the provisions of the Statute or in terms of
the direction of any statutory authority and the company shall only provide with
certificate towards such deduction and shall not be responsible for any reason
whatsoever.
In case of collection of minor minerals in area (both virgin and non-virgin), acquired by
the Company under the Coal Act, the contractor will have to produce a royalty clearance
certificate from the District Authorities before full and final payment.
Further, where any damages or compensation becomes payable by either the Company
or the bidder / contractor pursuant to any provision of this Agreement, appropriate GST
wherever applicable as per the GST provisions in force shall also apply in addition to
such damages or compensation.

19. Cost of Bidding:

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

20. Technical Specifications:

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

21. Currencies of Bid and Payment:

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

22. Handing Over of Site:

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

23. Deployment of Manpower and Machineries:

The tenderer(s) will deploy sufficient number and size of


equipments/machineries/vehicles and the technical/ supervisory personnel required
for execution of the work.
(15) NIT No. - _______ dtd. _____
24. Change in Constitution of the Contracting Agency:

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

25. Canvassing in Tender:

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

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

The Bidder, whose Bid has been accepted, will be notified /communicated by the
Employer electronically online on the e-procurement portal of CIL prior to expiration of
the Bid validity period. The L-1 bidder will get the information regarding award of work
on their personalised dash-board on-line. On receipt of Letter of Acceptance
(LOA)/Work Order of the tender issued by the Company, the successful tenderer shall
execute contract agreement in the company's prescribed form for the due fulfilment of
the contract. Failure to enter into the required contract within the specified period in the
work order shall entail cancellation of LOA/work order and the EMD will be forfeited
and the bidder will be debarred for minimum one (1) year from participating in
tenders in SECL. The bidder(s) will be banned for 02 (Two) years for being eligible to
submit bids in CIL and its subsidiaries with the approval of Tender Acceptance
Authority with intimation to all concerned and online blocking of bidder shall be
done on receipt of written communication from the Tender Inviting Authority by
application admin of CIL e-Procurement Portal.

27. Bid Validity:

The validity period of the tenders shall be 120 (One Hundred Twenty) days from the end
date of bid submission. The validity period of tender shall be decided based on the final
end date of submission of bids.

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

28. Modification and Withdrawal of Bid:

Modification of the submitted bid shall be allowed on-line only before the deadline of
submission of tender and the bidder may modify and resubmit the bid on-line as many
times as he may wish. Bidders may withdraw their bids online within the end date of bid
submission. 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:

(16) NIT No. - _______ dtd. _____


a. If the request of withdrawal is received before online notification for opening of
price bid, the EMD will be forfeited and the bidder will be debarred for one (1) year
from participating in tenders in SECL the bidder(s) will be banned for 02 (Two)
years for being eligible to submit bids in CIL and its subsidiaries with the
approval of Tender Acceptance Authority with intimation to all concerned and
online blocking of bidder shall be done on receipt of written communication
from the Tender Inviting Authority by application admin of CIL e-Procurement
Portal. The Price-bid of remaining bidders will be opened and the tender process
shall go on.

b. If the request of withdrawal is received after online notification for opening of price
bid, the EMD will be forfeited and the bidder will be debarred for one (1) year from
participating in tenders in SECL the bidder(s) will be banned for 02 (Two) years
for being eligible to submit bids in CIL and its subsidiaries with the approval of
Tender Acceptance Authority with intimation to all concerned and online
blocking of bidder shall be done on receipt of written communication from the
Tender Inviting Authority by application admin of CIL e-Procurement Portal. The
Price-bid of all eligible bidders including this bidder will be opened and action will
follow as under:
i. If the bidder withdrawing his bid is other than L 1, the tender process shall go
on.
ii. If the bidder withdrawing his bid is L-1, then re-tender will be done.

Note :
i). In case of clause (a) & (b) above, a letter will be issued to the bidder by Tender Inviting
Authority with the approval of Tender Accepting Authority (When TAA is CMD then
with the approval of concerned Director and in case the TAA is above CMD (i.e.
FDs/Empowered Committee/Board) then with the approval of CMD. In case TAA is
below CMD, then approval of respective TAA is required), stating that stating that the
EMD of bidder is forfeited, and this bidder is debarred for 1 (one) year (in case of clause-
a) OR minimum one (1) year (in case of clause-b) from participating in tenders in SECL
the bidder(s) will be banned for 02 (Two) years for being eligible to submit bids in
CIL and its subsidiaries with the approval of Tender Acceptance Authoritywith
intimation to all concerned and online blocking of bidder shall be done on receipt of
written communication from the Tender Inviting Authority by application admin of
CIL e-Procurement Portal. This letter will be circulated to all Areas of the Subsidiary and
the updated list will be maintained by all Tender Inviting Authority/Evaluators.

ii). Penal action against clause (a) & (b) above will be enforced from the date of issue of
such order. The standard operating procedure to handle withdrawal of bid after end date
of submission shall be as Clause no 29 of NIT.

29. Standard Operating Procedure for Withdrawal of Bid:


I. The Mode of withdrawal: -

A. Online Withdrawal of Bids:


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

(17) NIT No. - _______ dtd. _____


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. Till a fully functional system of online withdrawal of bid (beyond end date of bid
submission and till award of contract) is not developed and implemented, offline
withdrawal shall also be considered.

II. Acceptance of withdrawal by Tender Committee:


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

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


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

30. Postponement of scheduled date(s):

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

31. Public Enterprises preference:

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

32. Contract Agreement Document(s):

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

33. Sub-letting of Work:


(18) NIT No. - _______ dtd. _____
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 Contract Agreement will specify major items of supply or services for which the
contractor proposes to engage sub-contractor/sub-vendor. The contractor may from time
to time propose any addition or deletion from any such list and will submit proposals in
this regard to the Engineer-in -Charge/Designated Officer-in-charge for approval well
in advance so as not to impede the progress of work. Such approval of the Engineer-in-
Charge/Designated Officer-in-Charge will not relieve the contractor from any of his
obligations, duties and responsibilities under the contract.

34. Prohibition of Child Labour engagement:

The contractor/contractual Agencies must not engage any Child Labour during the
course of execution of the contract work within the meaning and scope of the Child
Labour Prohibition & Regulation Act-1986 and its relevant Act and Rules amended from
time to time by the Govt. of India.

35. Implementation of CMPF/ EPF: The tenderer shall have to ensure implementation of
CMPF/ EPF, if applicable, in respect of the workers deployed by him as detailed in the
tender document.

36. Splitting up of the work:

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

37. Settlement of Disputes:

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

38. Corrigendum:

Any addendum/corrigendum/date extension etc. in respect of this tender shall be issued


on our website (https://coalindiatenders.nic.in) only. No separate notification shall be
issued in the press. Bidders are therefore requested to visit our website regularly to keep
themselves updated.

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

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


GoI as amended from time to time shall be applicable.
I. Any bidder from a country which shares a land border with India will be eligible to
bid in this tender only if the bidder is registered with the Competent Authority.
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain
context) means any person or firm or company, including any member of a Joint
venture (that is an association of several persons or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated
herein before, including any agency, branch or office controlled by such person,
participating in a procurement process.

(19) NIT No. - _______ dtd. _____


III. “Bidder from a country which shares a land border with India” for the purpose of
order F.No. 6/18/2019-PPD dated 23.07.2020 means :-
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a
country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A joint venture where any member of the joint venture falls under any of the
above.
IV. “The beneficial owner” for the purpose of (III) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person(s), has a controlling ownership interest or who exercises control
through other means.
Explanation-
a. “Controlling ownership interest” means ownership of, or entitlement to more
than Twenty Five Percent of shares or capital or profits of the company;
b. “Control” shall include the right to appoint the majority of the directors or to
control the management or policy decisions, including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner
is the natural person(s), who, whether acting alone or together, or through one or
more juridical person, has ownership of or entitlement to more than fifteen percent
of the property or capital or profits of such association or body of individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official.
5. In case of a trust, the identification of beneficial owner(s) shall include identification
of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective
control over the trust through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor
from a country which shares a land border with India unless such contractor is
registered with the competent Authority.
Note:
1. (a) The intending bidders must accept unconditionally in General Technical
Evaluation (GTE) the Undertaking at Annexure-II in compliance to order
no.F.No.6/18/2019-PPD dt 23/7/2020 and as amended from time to time of Ministry
of Finance, GoI.
AND
(b) Valid registration from competent authority (if applicable). Registration
should be valid at the time of submission of bid and at the time of acceptance of
bids.

(20) NIT No. - _______ dtd. _____


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

General Manager (E&M)/ Gevra Area

Signature Not Verified


Digitally signed by MADHAV KUMAR
THAKUR
Date: 2022.02.05 11:39:50 IST
(21) NIT Coal
Location: No. -India
_______ dtd. _____
Limited-CIL

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