cmpdi The information given in this document

is not to be communicated either directly

or indirectly to the press or to any person
not holding any official position in CIL/
Government.

A Mini Ratna Company

TENDER DOCUMENT
FOR
Baseline Data Collection/Generation and
analysis of various samples for three
season of Group I (Air, Water, Noise and
Soil) for UTKAL-D&E Project of
NALCO.

September, 2016

CENTRAL MINE PLANNING AND DESIGN INSTITUTE LIMITED

(A subsidiary of Coal India Limited)
REGIONAL INSTITUTE – VII
BHUBANESWAR (ODISHA) - 751 013

Contact:
0674 – 2303482, 9438881032, 9438881086
Fax No. 0674 – 2301762

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 CONTENTS

Sl. No Description Page No.

1 Tender Document Cover page 1-1

2 Contents 2-2

3 Section 1 - Tender Notice 3 - 16

4 Section 2 - General Terms and Conditions 17 - 28

5 Section 3 - Letter of Bid and Formats 29 - 36

6 Section 4- Special Terms and Conditions 37-40

7 Section 5- Technical Terms and Conditions 41-44

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 SECTION-1

TENDER NOTICE

3
 क्षेत्रीय संस्थान-७,सामन्तपुरी, ननकटस्थ गांधीपाकक ,पो:आर.आर. एल, भुवनेश्वर ७५१०१३

Regional Institute VII, Samantapuri, Near Gandhi Park, PO: RRL, Bhubaneswar – 751013
CORPORATE IDENTITY NUMBER – U14292JH1975GOI001223

NIT No: CMPDI/RI-VII/BBSR/Env/Baseline_e-T_1/2016/ E-2372 Dtd: 06/09/2016

e-TENDER NOTICE
1. Tenders are invited on-line on the website https://coalindiatenders.gov.in from the eligible bidders
including an individual, proprietorship firm, partnership firm or company having eligibility to
participate as per eligibility criteria stipulated in 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 for the following
work:

Estimated Earnest Period of

Name of work Cost of Work Money Completion
(In Rs.) (In Rs.) (In Months)
Baseline Data Collection/Generation and
analysis of various samples for three season of
Group I (Air, Water, Noise and Soil) for 31, 28,670.00 31,300.00 10 (Ten)
UTKAL-D&E Project of NALCO.

2. Time Schedule of Tender :

Sl.
Particulars Date Time
No.
a. Tender e-Publication date
b. Document download start date
c. Document download end date
d. Bid Submission start date Date and Time as mentioned in the
e. Bid submission end date website
f. Start date for seeking Clarification on-line
g. Last date for seeking Clarification on-line
i. Bid Opening date

NOTE: End user portal agreement of CIL is applicable for CMPDI also.

Joint Venture and Tender cum reverse auction is not allowed for this tender

Detailed tender notice & Tender documents including terms and conditions of works shall be
available on e-tendering portal https://coalindiatenders.gov.in and Tender Notice only shall be
available at websites www.cmpdi.co.in. And www.tenders.gov.in

3. DEPOSIT OF EMD:
Earnest Money can be deposited online 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 the designated bank Account of CMPDIL. In case of payment

4
 through NEFT/RTGS the bidder will have to make payment as per the Challans generated by system
on e-Procurement portal and will have to furnish online the UTR Numbers before submission of bid.
Bidder will be allowed to submit his/her bid only when the EMD is successfully received in
CMPDIL bank account and the information flows from Bank to e-Procurement system.

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 and the e-Procurement system
through https://coalindiatenders.gov.in in order to become an eligible bidder. This will be a part of
the agreement.

4. CLARIFICATION OF BID: The bidder may seek clarification on-line within the specified period.
However, the management will clarify as far as possible the relevant queries.

5. General instructions for Submission of Tender: A bidder should strictly comply with the
following instructions:
a) Bidders are required to submit offers on-line giving reference to this Tender Notice No. and
Date, containing offers in two parts.
b) Two Parts of the bid should contain the details as follows: -
Part-I: Letter of Bid, Information regarding Eligibility Criteria, Financial Turn-over,
Confirmatory documents as mentioned in the NIT.
Part–II: Prices, only in the Excel format, as indicated in the Tender Document.

6. ELIGIBILITY CRITERIA:
A. Eligibility Criteria
For Group – I (Air, Water, Noise & Soil Analysis Study):
To qualify in work as mentioned in the NIT the tenderers should own an
environmental laboratory or have MOU with an Environmental laboratory. The
environmental laboratory should be duly accredited by Central Pollution Control
Board (CPCB), New Delhi or Ministry of Environment & Forest (MoEF) or NABL
(National Accreditation Board for Testing and Calibration Laboratories) or concerned
State Pollution Control Board (SPCB) having jurisdiction in the command area for
which the bidder proposes to bid.
B. Work Experience
The intending tenderer must have in its name as a prime contractor experience of
having successfully executed works in any Government/Semi-Government/Public
Sector Undertakings (Central/State)/Private Firm (only if the Private Firm is a
Company registered under Indian Companies Act’1956) of similar nature valuing 65%
of the “Annualized Value or Estimated Value whichever is less” of the work put to
tender in any year (a ‘year’ in this context is a continuous period of 365 days starting at
any date of the year) during last 7 (seven) years ending last day of month previous to
the one in which bid applications are invited.
(In case the bidder is not a prime contractor but a sub-contractor, the bidder’s
experience as sub-contractor will be taken into account if the contract in support of
qualification is a sub- contract in compliance with the provision of such sub-contract in
the original contract awarded to prime contractor.)
“Annualized Value” of the work shall be calculated as the “Estimated Cost/Period of
completion in days x 365”.

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 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 definition of similar work shall be as follows:
“Environmental Base Line Data Generation in respect of ambient Air quality, Water
(Ground/ Drinking/ Surface/ Mine Water/ Effluent) Quality, Noise & Soil
Characteristics of a locality.”
In respect of the above eligibility criteria, the bidders are required to furnish the
following information on-line:
i) Start date & End date of each qualifying experience (similar work)
ii) Agreement Number/Work Order Number of each experience
iii) Work Order Issuing authority of each experience
iv) Percentage (%) share of each experience (100% in case of an individual/
proprietorship firm or a partner in a partnership firm)
v) Executed Value of work against each experience
vi) Confirmation in the form of Yes/No regarding submission of similar work
experience as defined in the NIT.
C. 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.
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 the Chartered Accountant (CA) who certifies the
bidder’s working capital on a particular date.
v) Date of Issue of certificate.
D. Financial Turnover:
The bidder should submit information on financial turnover during last three years.
E. Permanent Account Number(PAN):
The bidder should possess Permanent Account Number (PAN) issued by Income Tax
Department, Govt. of India.
Confirmation regarding possessing of Permanent Account Number (PAN) issued by
Income Tax Department, Govt. of India in the form of Yes / No

F. Service Tax Registration Certificate

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 The bidder should possess a Service Tax Registration Certificate issued by Govt. Dept
of any Indian State.
Confirmation regarding possessing of Service Tax Registration Certificate issued by
Sales Govt. Dept. of any Indian State in the form of Yes / No
G. An Affidavit on a non-judicial stamp paper of minimum value of Rs.5 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 Section - 3
H. Legal Status of the bidder:
Any one of the following documents:
1. Affidavit or any other document to prove proprietorship/individual status of the
bidder.
2. Partnership deed containing name of partners.
3. Memorandum & Article of Association with certificate of incorporation containing
name of bidder.

I. Digital Signature Certificate (DSC):

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

a) In order to submit the Bid, the bidders have to get themselves registered online on the e-
Procurement portal (https://coalindiatenders.gov.in) with valid Digital Signature Certificate
(DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of
India and which can be traced up to the chain of trust to the Root Certificate of CCA. The online
Registration of the Bidders on the portal will be free of cost and one time activity only. If the
bidder is an individual person then he should register himself under “Individual” category and if
the bidder is a proprietorship firm/partnership firm/Joint Venture/Company then registration
should be under “Corporate” category. The registration should be in the name of bidder, whereas
DSC holder may be either bidder himself or his duly authorized person.

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

NOTE: End user portal agreement of CIL is applicable for CMPDI also.

c) General Technical Evaluation: The bidder has to fulfil/comply to all the terms of ‘General
Technical Evaluation’ (GTE).

d) Letter of Bid: The format of Letter of Bid (as given in the NIT at Section 3) will be downloaded
by the bidder and will be printed/typed on Bidder’s letter head and the scanned copy of the same
will be uploaded during bid submission in cover-I. This will be the covering letter of the bidder
for his submitted bid. The content of the “Letter of Bid” uploaded by the bidder must be the
7
 same as per the format downloaded from website and it should not contain any other
information.

The Letter of bid will be digitally signed by DSC holder submitting bid online and it does not
require any physical signature. However, if the Letter of Bid (LoB) bears the physical signature
in addition to the digital signature of DSC holder, it will be accepted without questioning the
identity of person signing the Letter of Bid.

If there is any change in the contents of Letter of Bid uploaded by bidder as compared to the
format of Letter of Bid uploaded by the department with NIT document, then the bid will be
rejected.

e) 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 bid.
The Bidder will have to give an undertaking online that if the information /declaration /scanned
documents furnished in support of the same in respect of Eligibility Criteria are found to be
wrong or misleading at any stage, they will be liable to punitive action. Any other document
uploaded which is not required as per the terms of the Tender Document shall not be considered.

The bidders will upload the scanned copy of the following specified documents duly attested by
notary public in support of the information/ declarations. However, the affidavit may be scanned
and uploaded as it is, without any additional self-certification and attestation by Notary public.

Eligibility Criteria Scanned copy of documents (attested by Notary Public)

Sl.
to be uploaded by L-1 bidder in support of information/
No.
declaration furnished online by the bidder against
Eligibility Criteria (CONFIRMATORY DOCUMENT)
1. Eligibility Criteria (Ref. Relevant certificates are to be furnished as per Clause No.
Clause No. 6(A) of NIT) 6(A) of NIT).
2. Work Experience Satisfactory Work Completion Certificate issued by the
(Ref. Clause No. 6 (B) of employer against the experience of similar work containing
NIT) all the information furnished by bidder on-line.
3. Working Capital Certificate of Working Capital issued by a Practicing
(Ref. Clause No. 6 (C) Chartered Accountant, having a membership number with
of NIT) Institute of Chartered Accountants of India, containing all
the information furnished by the Bidder on-line.

4. Financial Turnover Financial Turnover certificate for last 3 (three) financial

(ref. Clause No. 6 (D) of years issued by a Practicing Chartered Accountant having a
NIT) membership number with Institute of Chartered
Accountants of India. The bidder should provide the
information in the following table:
Sl. Financial Year TurnOver
No.
1.
2.
3.

8
 5. Permanent Account PAN card issued by Income Tax department, Govt. of India
Number
(Ref. Clause No 6 (E) of
NIT)
6. Service Tax Service Tax Registration Certificate issued by Govt. Dept
(Ref. Clause No 6 (F) of of any Indian State
NIT)
7. Affidavit An Affidavit on a non-judicial stamp paper of minimum
(Ref. Clause No 6 (G) of value of Rs.5 regarding genuineness of the information
NIT) 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 Section 3.
8. Legal Status of the Any one of the following document :
bidder 1. Affidavit or any other document to prove
(Ref. Clause No 6 (H) of proprietorship/Individual status of the bidder.
NIT) 2. Partnership deed containing name of partners
3. Memorandum & Article of Association with certificate
of incorporation containing name of bidder.
9. Digital Signature If the bidder himself is the DSC holder bidding on-line then
Certificate (DSC) no document is required .However, if the DSC holder is
(Ref. Clause No 6 (I) of bidding online on behalf of the bidder then the Power of
NIT) Attorney or any sort of legally acceptable document for the
authority to bid on behalf of the bidder
10. 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. Bidders are suggested to scan the documents
in 100 DPI for maintaining clarity & easy upload.

f) Price Bid (Part –II): The Price Bid containing the Bill of Quantity will be in Excel format and
will be downloaded by the bidder and he will quote the rates for all items (ITEM RATE) on
this Excel file. Thereafter, the bidder will upload the same Excel file during bid submission in
cover-II. L-I will be decided on overall quoted value.

The Price-bids of the tenderers will have no condition. The Price Bid which is incomplete and
not submitted as per instruction given above (and also online) will be rejected. Any alteration/
modification in the excel format may lead to rejection of the bid.

Tenderers should quote their rates excluding the impact of Service-Tax. Applicable Service Tax
payable by the Tenderer / Service Provider as per service tax rule will be reimbursed on production of
documentary evidence towards payment of such Service Tax to the Government Exchequer.

The Tenderer (Service Provider) will have to raise separate bill for claiming the reimbursable amount of
Service Tax paid by him / them. Such bills should necessarily contain Contractor’s Service Tax Registration
Number with details of Range / Division / Commissionerate address with documentary evidence of payment
of Service Tax to the Government Exchequer. Separate challans should have to be submitted for separate
services with specific mention of the services rendered to the CMPDI.

In case of any default / delay in payment of Service Taxes, wrong claim of CENVAT credit etc. by the
Contractor / Service Provider, the CMPDI would not be responsible and in no case any such claim of

9
 the Contractor / Service Provider will be entertained by CMPDI.

8. All bids are to be submitted on-line on the website https://coalindiatenders.gov.in. No bid shall be
accepted off-line.

9. 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. The Tender Status will be in public
domain and anyone visiting the site can view it by identifying the tender.

10. 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,
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.

11. In cases where the number of bids received are less than three on the end date of bid
submission then the following critical dates of the Tender will be extended initially by two days
and if the number of bids still remains less than three then for another five days automatically
by the system:

1. Last date of submission of Bid

2. Last date of receipt of EMD
3. 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.

12. 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 prescheduled date & time of Tender Opening. 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.

A. After opening of Price-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 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
10
 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 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 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 07.

13. Validity of Offer: The rates offered by the bidder shall be valid for 120 (One Hundred Twenty)
days from the date of opening of technical bid.

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 (if submitted in
the form of BG) for a period of 28 days beyond the extended validity of the 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. 26 (Modification and Withdrawal of Bid) of NIT

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14. 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.

15. Refund of EMD:

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

16. Every tenderer is expected, before quoting his rates, to go through the requirements of
materials/workmanship under specification/requirements and conditions of contract and to inspect
the site/area of the proposed work at his own cost.

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 they actually
visited the site/area or not and have taken all the above factors into account while quoting his rates.

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

17. All Duties taxes (Excluding Service Tax) and other levies, payable by the contractor under the
contract 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. Any decrease in duties, taxes, levies etc. as above shall be
recovered by the Company.

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

12
18. 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.

19. Currencies of Bid and Payment: The unit rates and prices shall be quoted by the Bidder entirely in
Indian Rupees only.

20. The work should be completed within the stipulated period which shall be reckoned from the tenth
day of issue of LOA (Letter of Acceptance)/Work Order or the actual date of handing over the site
whichever is later

21. 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.

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

23. 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.

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

25. The Bidder, who’s Bid has been accepted, will be notified of the award on-line and also by
registered 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.

This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) will
state the sum that the Employer will pay the Contractor in consideration of the execution and
completion of the Works by the Contractor as prescribed by the Contract (hereinafter and in the
Contract called the “Contract Price”).

The notification of award will constitute the formation of the Contract, subject only to the furnishing
of a Performance Security/Security Deposit in accordance with Clause of General terms &
Conditions of the tender document.

The Agreement will incorporate all agreements between the Employer and the successful Bidder
within 28 days following the notification of award along with the Letter of Acceptance.

26. 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 and their EMD will be
refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit the bid in
this 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 CIL/Subsidiary.

13
 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

Withdrawal of Bid:

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.

27. 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.

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

29. 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.

30. Subletting any part or whole of the contract to any Firm/Individual/Teams is not permitted and be
present in all dealings with Principal Employer & No dealing through representatives on Power of
Attorney will be permitted. Any deviation in this regard may be considered a Breach-of-Contract
and shall be dealt with as per company regulations.

31. 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.

14
32. 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.

33. 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.

34. Compliance of Applicable Labour Laws: The contractor shall abide by the rules & regulations of
Labours Laws applicable in their case relating to weekly holidays, overtime allowance, leave with
wages and compensatory holidays etc.

The contractor shall strictly implement all relevant provisions enumerated under Contract Labour
(Regulation & Abolition) Act. 1970 and will submit all statutory documents and records as
applicable to concerned authorities and shall take full responsibility for obtaining labour license
from Central/State Authority as per the Act. He/she/they will also ensure timely submission of
statutory returns as applicable in their case.

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 ie Odisha. 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.

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.

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.
15
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.
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.

The Contractor shall abide the rules and regulations of Pradhan Mantri Suraksha Yojana.

The contractor or its workmen shall not at any point of time have any claim whatsoever against the
CMPDI.

The contractor shall indemnify the CMPDI in so far as liability incurred by the CMPDI on account
of any default by the contractor.

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.

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

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.

-sd-
HOD (ENV),
CMPDI RI–VII
Bhubaneswar

16
 SECTION -2

GENERAL TERMS & CONDITIONS

17
 GENERAL TERMS AND CONDITIONS

1. Definitions

i) "Employer" or "Company” means the Coal India Limited or any of its subsidiaries who
will employ the contractor represented by the appropriate authority.

ii) "Principal Employer" means the Coal India Limited or any of its subsidiaries or the
officer nominated by the Company to function on its behalf.

iii) The word "Contractor/ Contractors" wherever occurs means the successful tenderer/
tenderers who has/have deposited the necessary Earnest money and has/have been given
written intimation about the acceptance of tender and shall include legal representative of
such individual or persons composing a firm or a company or the successors and
permitted assignees of such individual, firm or Company, as the case may be.

iv) "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.

v) "Engineer-In-charge" shall mean the officer nominated by the company in the

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

vi) The "Contract" shall mean the notice inviting tender, the tender as accepted by the
Company, the work order issued to the contractor, and the formal contract agreement
executed between the company and the contractor together with the documents referred to
therein including general terms and conditions, special conditions, if any, scope of work,
frozen terms & conditions/technical parameters/scope of work and revised offer, if any,
specifications, drawings, including those to be submitted during progress of work,
schedule of quantities with rates and amounts.

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

viii) "Contract amount" shall mean:

a) In the case of turnkey contracts the total sum for which tender is accepted by the
company.
18
b) In the case of other types of contracts the total sum arrived at based on the individual
rates quoted by the tenderer for the various items shown in the "Schedule of Quantities" of
the tender document as accepted by the Company with or without any alteration as the
case may be.
ix) "Written notice" shall mean a notice or communication in writing and shall be deemed
to have been duly served if delivered in persons to the individual or to a member of the
contractors firm or to an office of the company for whom it is intended, or if delivered at or
sent by registered mail to the last business address known to him who gives the notice.

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

xi) "Department" means the Environment Department of Regional Institute – VII,

Bhubaneswar CMPDIL.
xii) "Act of insolvency" means as it is designed by Presidency Town Insolvency Act or
Provincial Insolvency Act or any act amending such originals.
xiii) The words indicating the singular only also include the plural and vice-versa where
the context so requires.

2. Contract Documents: The following documents shall constitute the contract documents:
i) Notice Inviting Tender/Detailed Tender Notice.

ii) Articles of Agreement / Letter of Acceptance of Tender/ Work Order.

iii) General Terms & Conditions of contract.

iv) Special Terms & Conditions of contract.

v) Schedule of Quantities (or Bill of Quantities)/ Schedule of work/ Scope of work.

vi) Frozen terms & conditions / technical parameters/ scope of work and revised offer, if
any.

N.B. Deviations:
Deviations sought by the bidders, whether they are technical or commercial deviations,
must only be given in the schedules prescribed for them. Any wilful attempt by the
bidders to camouflage the deviations by giving them in the covering letter or in any other
documents than the prescribed schedules may render the bid itself as non-responsive.

2.1 The contractor shall enter into and execute contract agreement in the prescribed form
(Ref. format at Section 3). The cost of the stamp papers for the contract agreement shall be
borne by the contractor. Two sets of contract document/agreements shall be prepared and
signed by both the parties one of the sets shall be stamped "Original" and the other
"Duplicate". The duplicate copy will be supplied to the contractor free of cost and the
original is to be retained by the company. For any additional copies required by the
contractors the price to be charged would be Rs 250.00. All additional copies should be
certified by the Engineer-In-Charge.

The contractor shall keep copy of these documents on the site/place of work in proper
manner so that these are available for inspection at all reasonable times by the Engineer-In-

19
Charge, his representatives or any other officials authorized by the company for the
purpose.
2.2 The contract document shall not be used by the contractor for any purpose other than
this contract & 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 Negotiations:

Negotiations will be held under the preview of CVC Circular No-4/3/07 dated: 03.03.2007
i e. Tendering Process- Negotiation with L1.

2 .4 Acceptance of Offer:
Letter of Acceptance (LOA) is an acceptance of offer by the company and it need not be
accepted by the tenderer. But the tenderer should acknowledge the receipt of the order
within 15 days of mailing of LOA and any delay in acknowledging the receipt will be
treated as a breach of contract and compensation for the loss caused by such breach will be
declared by the company by forfeiting EMD.
2.5 Banned or Delisted Contractors:

The bidders would give a declaration that they have not been banned or delisted by any
Govt. or Quasi Govt. agencies or PSU's. If a bidder has been banned or delisted by any
Govt. or Quasi Govt. agencies or PSU's this fact must be clearly stated and it may not
necessarily be a cause for disqualification. If the declaration is not given, the bid will be
rejected as non-responsive.

3 Discrepancies in contract documents & Adjustments thereof

The documents forming part of the contract are to be treated as mutually explanatory of
one another and in case of discrepancy between schedules of quantity; the specifications
and/or drawing, the following order of preference shall be observed:
a) Description in Bill of Quantities of work.
b) Particular specification and special conditions, if any
c) General specifications.
3.1 In the event of varying or conflicting provision in any of the document(s) forming part
of the contract, the Accepting Authority's decision/clarification shall hold good with
regard to the intention of the document or contract as the case may be.
3.2 Any error in description, quantity or rate in Bill of Quantities or any omission there
from, shall not vitiate the contract or release the contractor from discharging his
obligations under the contract including execution of work according to the Drawings and
Specifications forming part of the particular contract document.
3.3 Any difference detected in the tender/ tenders submitted resulting from :
a) Discrepancy between description in words and figures, the rate which corresponds to
the amount worked out by the contractor shall be taken as correct.
b) Discrepancy in the amount quoted by the contractor due to calculation mistake of the
unit rate and quantity, the unit rate shall be regarded as firm and amount corrected.
c) When the amount of an item is not worked out by the contractor or it does not
correspond with the rates written either in figure or words, then the rates quoted by the
contractor in words shall be taken as correct.
20
d) In the case of percentage rate tender, the contractors are required to quote their rates
both in amount as well as in the percentage below/above the rates entered in the schedule.
In such cases in the event of arithmetical error committed in amount by the contractor, the
tender percentage and not the amount should be taken into account.
e) Discrepancy in totalling or carry forward in the amount quoted by the contractor shall be
corrected.

The tendered sum so corrected and altered shall be substituted for the sum originally
tendered and considered for acceptance instead of the original sum quoted by the tenderer
along with other tender/tenders. Rounding off to the nearest rupee should be done in the
final summary of the amount instead of in totals of various sections of the offer.
4.0 Security Deposit:

4.1 Security Deposit shall consist of two parts;

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

4.2 Performance Security should be 5% of contract amount and must be submitted within 28
days of receipt of LOA by the successful bidders in any of the form given below

 a Bank Guarantee in the form given in the bid document from any Scheduled bank. The
BG issued by outstation bank shall be operative at its local branch at …….. or branch
at …………………….. Bank Guarantee against Performance Security shall be
applicable if the amount of Performance Security exceeds Rs. 5.0 lakhs.

 Demand Draft drawn in favour of CMPDI LTD, Regional Institute, Bhubaneswar

on any Scheduled Bank payable at its Branch at Bhubaneswar

The Earnest Money/Bid Security deposited in the form of Bank Guarantee shall be
discharged when the Bidder has signed the Agreement and furnished the required
Performance Security/1st part of Security Deposit.

The bid security deposited in the form of Demand Draft/cash shall be adjusted against the
performance (1st part of Security Deposit) at bidder’s option.

If performance security is provided by the successful bidders in the form of bank guarantee it
shall be issued either:-

a) at Bidder’s option by a Scheduled Indian Bank or

b) by a Foreign bank located in India and acceptable to the employer.

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

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/
earnest money.

In addition to the above penal measures, the bidder will not be allowed to participate in the
re-tendering process. The bidder may also be debarred from participating in future tenders in
the subsidiary for a minimum period of 12 Months

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

21
4.4 All running on account bills shall be paid at 95% (ninety five percent) of work value. This
5% (five percent) deduction towards Retention Money will be the second part of security
deposit.

Retention Money may be refunded against equivalent Bank Guarantee, on written request of
the contractor, on its accumulation to a minimum amount of Rs 5 lakhs subject to the
condition that amount of any Bank Guarantee except last one, shall not be less Rs. 5 lakhs.
=
However, Bank Guarantee against retention money shall be with suitable validity based on
nature of work which shall be 90 days beyond the defect liability period, but in no case less
than the period of one year.

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

4.5 Retention Money 5% shall be refunded after final approval by MoEF&CC of EIA/EMP
report prepared on the baseline data generation report, against work order or Three years
from acceptance of final report whichever is earlier.

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

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

On completion of the entire work and issue of defect liability certificate, (taking over
certificate with a list of defects) by the Engineer-in-charge, one half of the security
deposit (Performance Security) remaining with the company shall be refunded as elaborated
in Cl. No.: 4.3.

4.8 Additional performance security: (applicable for item rate as well as percentage rate
tenders): Additional performance security shall be applicable if the bid price is below
15% of the justified price, finalized by the owner. The amount of such additional
performance security shall be the difference between 85% of the owner's justified price
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 be released after 60% of the total
work is completed.
ii 50% of Additional performance security will be released after 80% of the total
work is completed.
iii 100% of Additional performance security will be released after total work is
completed.

Additional performance security may be furnished in the shape of BG or any of the

forms as applicable for performance security.

22
 5.0. Time for Completion of Contract, Extension thereof, Defaults and Compensation for
Delay

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

i) @ Half percent (½ %) of the contract amount/Revised Contract amount whichever is less,

per week of delay.
OR
ii) ½ % of the contract-value of group of items/ revised completion value of group of items
whichever is less, per week of delay, for which a separate period of completion is originally
given.

The aggregate of such compensation/ compensations shall not exceed:

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

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

5.1.1 The company, if satisfied, that the works can be completed by the contractor within a reasonable
time after the specified time of completion, may allow further extension of time at its discretion
with or without the levy of L.D. In the event of extension granted being with L.D, the company
will be entitled without prejudice to any other right or remedy available in that behalf, to recover
from the contractor as agreed damages equivalent to half percent of the contract value of the
works for each week or part of the week subject to a ceiling as described at Cl.5.1.

5.1.2 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.

5.1.3 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.

5.1.4 In the event of such termination of the contract as described in clauses 5.1.2 or 5.1.3 or both, the
company, shall be entitled to impose penalty/LD as deliberated at Clause 10. Additionally the
contractor shall be debarred from participating in the future tenders for a minimum period of 12
months.

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

23
5.3 Extension of date of completion: On occurrences of any events causing delay as stated here-
under, the contractor shall intimate immediately in writing to the Engineer In Charge.

a) Force Majeure :

i Natural phenomena like unprecedented flood and draught, earthquakes & epidemics.

ii Political upheaval, civil commotion, strikes, lockouts, acts of any Govt. (domestic/foreign)
including but not limited to war and proprieties, quarantine embargoes

The successful bidder/ contractor will advise in the event of his having to resort to this clause by a
registered letter duly certified by the local chamber of commerce or statutory authorities, the
beginning and end of the cause of delay, within fifteen days of the occurrence and cessation of
such Force Majeure condition.

In the event of delay due to Force Majeure for more than one month the contract may be
terminated at the discretion of the company. Termination under such circumstances will be
without any liability on either side.

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

b) Serious loss or damage by fire and abnormally bad weather

c) Non-availability of stores which are the responsibility of the company to supply as per
contract

d) Non-availability of working drawings in time, which are to be made available by the

company as per contract during progress of the work

e) Delay on the part of the contractors or tradesmen engaged by the company not forming part
of the contract, holding up further progress of the work

f) Non-availability or breakdown of tools and plant to be made available or made available by

the company

g) The execution of any modified or additional items of work or excess quantity of work.

h) Any other causes which, at the sole discretion of the company, is beyond the control of the
contractor.

a) A HINDRANCE REGISTER shall be maintained by both department and the contractor at

site to record the various hindrances, as stated above, encountered during the course of
execution.

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

b) The contractor shall request the company in writing for extension of time within 15
days of happening of such event causing delay stating also, the period for which extension is
24
 required. The company may, considering the genuinity of the request, give a reasonable
extension of time for completion of the work. Such extension shall be communicated to the
contractor in writing by the company through the Engineer In Charge within 1(one) month of
the date of receipt of such request.

c) The opinion of the Engineer-in-charge, whether the grounds shown for the extension
of time are or are not reasonable, is final. If the Engineer-in-charge is of the opinion that the
grounds shown by the contractor are not reasonable and declines to the grant of extension to
time, the contractor cannot challenge the soundness of the opinion

The opinion of the Engineer-in-charge that the period of extension granted by him is proper or
necessary is not, however, final. If the contractor feels that the period of extension granted is
inadequate he can appeal to the HoD(Env) of the company for consideration on the question
whether the period of extension is or is not proper or necessary.

d) Provisional extension of time may also be granted by the Engineer In Charge during
the course of execution, on written request for extension of time within 15(fifteen) days of
happening of such events as stated above, reserving the company's right to impose/ waive
penalty at the time of granting final extension of time as per contract agreement.

e) When the period fixed for the completion of the contract is about to expire, the
question of extension of the contract may be considered at the instance of the Contractor or the
Department or of both. The extension will have to be by party's agreement, express or implied.

In case the contractor does not apply for grant of extension of time within 15(fifteen) days of the
hindrance occurring in execution of the work and the department wants to continue with the
work beyond the stipulated date of completion for reason of the work having been
unavoidably hindered, the Engineer-in-charge can grant extension of time even in the absence
of application from the contractor.

Such extension of time granted by the Engineer In Charge 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 the contract.

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

6.0 Payments: Paying authority: HOD (Finance), CMPDI, RI.VII, Bhubaneswar. The
contractor has to submit the Final bill in duplicate to the controlling officer.
6.1 Payment of on account bill shall be made after certifying by EIC or his representative,
the sum to which the contractor is considered entitled by way of interim payment for the
following

a) The work executed as covered by the bill/bills after deducting the amount already paid,
the security deposit and such other amounts as may be deductible or recoverable in terms
of the work order/ contract.
6.2 The company reserve the right to recover/enforce recovery of any overpayments
detected after the payment as a result of post payment audit or technical examination or by
any other means, notwithstanding the fact that the amount of disputed claims, if any, of
the contractor exceeds the amount of such overpayment and irrespective of the facts
whether such disputed claims of the contractor are the subject matter of arbitration or not.
The amount of such overpayments shall be recovered from subsequent bills under the
contract, failing that from contractor's claim under any other contract with the company or
form the contractor's security deposit or the contractor shall pay the amount of over

25
payment on demand. In case of contractor's non-payment on such demand, the same
should be realized from the contractor's dues, if any, with Coal India Limited or any of it's
subsidiaries.
The contractors are required to execute the works satisfactorily and according to the
specifications laid down in the contract/ work order.
7.0 Income tax deduction will be made as per applicable rule, of the gross value of each bill
or at the rate as amended from time to time, shall be made unless exempted by the
competent authority of the Income Tax Department
7.1 No interest shall be payable on the amounts withheld, under the terms of the Contract
Agreement/Work-order.

8.0.Termination, Cancellation, Suspension and Foreclosure of Contract

The company shall, in addition to other remedial steps to be taken as provided in the
conditions of contract be entitled to cancel the contract in full or in part, if the contractor :-
a) Makes default in proceeding with the works with due diligence and continues to do so
even after a notice in writing from the Engineer-In-Charge, then on the expiry of the period
as specified in the notice

Or
b) Commits default/breach in complying with any of the terms and conditions of the
contract and does not remedy it or fails to take effective steps for the remedy to the
satisfaction of the Engineer –In- Charge, then on the expiry of the period as may be
specified by the Engineer- In- Charge in a notice in writing.

Or
c) Obtains a contract with the company as a result of ring tendering or other non-bonafide
methods of competitive tendering

Or
d) Shall offer or give or agree to give any person in the service of the company or to any
other person on his behalf any gift or consideration of any kind as an inducement or
reward for act/acts of favour in relation to the obtaining or execution of this or any other
contract for his company.

Or
e) Fails to complete the work or items of work with individual dates of completion, on or
before the date/dates of completion or as extended by the company, then on the expiry of
the period as may be specified by the Engineer-In- Charge in a notice in writing.

Or
f) Transfers, sublets, assign the entire work or any portion thereof without the prior
approval in writing from the Engineer- In- Charge. The Engineer-In-Charge may by giving
a written notice, cancel the whole contract or portion of it in default.

8.1 The contract shall also stand terminated under any of the following circumstances:
a) If the contractor being an individual in the case of proprietary concern or in the case of a
partnership firm any of its partners is declared insolvent under the provisions of
Insolvency Act for the time being in force, or makes any conveyance or assignment of his

26
effects or composition or arrangement for the benefit of his creditors amounting to
proceedings for liquidation or composition under any Insolvency Act.
b) In the case of the contractor being a company, its affairs are under liquidation either by a
resolution passed by the contractors company or by an order of court, not being a
voluntary liquidation proceedings for the purpose of amalgamation or re-organization, or
a receiver or manager is appointed by the court on the application by the debenture
holders of the contractor's 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 (twenty-one) days.
d) On the death of the contractor being a proprietary concern or of any of the partners in
the case of a partnership concern and the company is not satisfied that the legal
representative of the deceased proprietor or the other surviving partners of the partnership
concern are capable of carrying out and completing the contract. The decision of the
company in this respect shall be final and binding which is to be intimated in writing to the
legal representative or to the partnership concern.
8.2 Suspension of Work:
i) The company shall have power to suspend the work or any part thereof and the Engineer
In- Charge may direct the contractor in writing to suspend the work, for such period and in
such manner as may be specified therein, on account of any default on the part of the
contractor, or for proper execution of the work for reasons other than any default on part
of the contractor, or on ground of safety of the work.
ii) In the event of suspension for reasons other than any default on the part of the
contractor, extension of time shall be allowed by the company equal to the period of such
suspension and the contractor shall properly protect and secure the works to the extent
necessary during such suspension.
8.3 Foreclosure of contract in full or in part:
i) If at any time after acceptance of the tender, the company decides to reduce the scope of
the work for any reason whatsoever, the company, through its HOD (Environment), shall
give notice in writing to that effect to the contractor. In the event of abandonment/
reduction in the scope of the work, the company shall be liable to pay the contractor at the
contract rates full amount for work executed and measured at site up to the date of such
abandonment/ reduction in the work.
The contractor shall, if required by the HOD (Environment), to him the books of accounts,
papers, and relevant documents as may be necessary to enable HOD (Environment), to
assess the amount payable. The contractor shall not have any claim for compensation
whatsoever either for abandonment or for reduction in the scope of the work, other than
those as specified above.
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 (ten) percent of the contract value.
ii) The Company reserves the right to cancel the contract any time without assigning any
reason whatsoever.
9. Settlement of Disputes/Arbitration
9.1 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
27
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.
9.2 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.
10. (1)The contractor / contractors shall not pay less than the minimum wages to the
labourers engaged in non-mining activities minimum wage fixed by the respective State
Govt. or Central Govt. as may be in force.
(2) The Contractors shall pay the wages to its workers by Cheque or through Bank.

Sd/-
HOD (ENV)
RI-VII, CMPDI, Bhubaneswar

28
 SECTION -3

FORMATS
&
LETTER OF BID

29
 FORMAT OF LETTER OF BID

LETTER HEAD OF BIDDER (AS ENROLLED ONLINE ON e-PROCUREMENT

PORTAL OF CIL)

To
The Tender Committee,
Environment Department,
CMPDI, RI-VII, Bhubaneswar.

Sub: Letter of Bid for the work “Baseline Data Collection/Generation and analysis of various
samples for three season of Group I (Air, Water, Noise and Soil) for UTKAL-D&E Project of
NALCO.”

Ref.:
1. CMPDI/RI-VII/BBSR/Env/Baseline_e-T_1/2016/ E-2372 Dtd: 06/09/2016
2. Tender Id No.: 2016_CMPDI_48098_1

Dear Sir,
I/We offer to execute the work as per our offered bill of quantity in accordance with the conditions
of the NIT document as available in the website. The details of the EMD being submitted by us has
been furnished on-line.

This Bid and your subsequent Letter of Acceptance / Work Order shall constitute a binding contract
between us.

I/We hereby confirm our acceptance of all the terms and conditions of the NIT document
unconditionally.

If any information furnished by me/us online towards eligibility in this tender is found to be
incorrect at any time, penal action as deemed fit may be taken against me/us for which I/we shall
have no claim against CMPDIL.

(This document is digitally signed by the DSC holder authorized by the bidder and therefore no
physical signature is required).

30
 AFFIDAVIT

(NON JUDICIAL STAMP PAPER OF Rs 5.00/-)

I…………………………………………………………………….……………………..Partner/Leg
al Attorney Proprietor/Accredited Representative of M/s. …………………………………….
Solemnly declared that:

1. I/We are submitting tender for the work

……………………………………………………………………
……………………………………………………………………
……………………………………………………………………

against Tender Notice No. ------------------------ dated ----------

2. None of the partners of our firm is relative of employee of CMPDI.

3. All information furnished by me / us in respect of fulfillment of eligibility criteria and

information given in this Bid is complete, correct and true

4. All documents / credentials submitted along with this tender are genuine, authentic, true and
valid.

5. If, any information or document submitted is found to be false /incorrect at any time,
Employer may cancel my 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 blacklisting of
our firm and all Partners of the firm etc.

6. I/We have never been banned or delisted by any Govt. or Quasi Govt. Agency or any Public
Sector Undertaking.

OR

I/We have been banned by the organization named “---------------------------------------“for a

period of ------------------- year/s, effective from ------------------- to ----------------

7. I/We, hereby, abide by CMPF/EPF clause of the tender document and ensure
implementation of the same and misc. provisions therein & allied scheme framed there
under in respect of the workers deployed.

Signature of the Tenderer

Dated-----------------

Seal of Notary

31
 PROFORMA FOR EXECUTION OF AGREEMENT.
STAMP PAPER.
AGREEMENT NO.___________ DT._____________
This agreement is made on ………………. day of …………….. between Central Mine Planning
and Design Institute Limited, RI-VII having its registered office at Bhubaneswar, Odisha – 751001
(hereinafter called the ‘COMPANY’ which expression shall, unless repugnant to the subject or
context, include its successors and assignees) of the one part and ( Name of the Contractor )
carrying on business as a ( partnership/proprietorship/ Ltd. Co. etc. ) firm under the name and style
………………………………………………… (hereinafter called the ‘said Contractor’ which
expression shall, unless the context requires otherwise include them and their respective heirs,
executors, administrators and legal representatives) of the other part.
Whereas the Company invited tenders for the work of
“…………………………………………………………” and whereas the said Contractor/Firm
submitted tender for the said work and deposited a sum of Rs………………….. as Earnest Money
and whereas the tender of the said contract has been accepted by the Company for execution of the
said work.
NOW THIS AGREEMENT WITNESS AND IT IS HEREBY AGREED AS FOLLOWS:
1) In this agreement words and expressions shall have the same meaning as are respectively
assigned to them in the tender papers hereinafter referred to.
2) The following documents which are annexures to this agreement should be deemed to form and
be read and construed as part of this agreement viz.
i. Annexure - A Tender Notice (Page ... to ...)
ii. Schedule –A General terms & conditions. Special conditions and General
technical specification (Page …. to …)
iii. Schedule - B The probable Quantities and Amount (Page ...to …)
iv. Schedule - C Negotiation letters –
v. Schedule - D Letter of Acceptance/Work Order (Page .. to ..)
vi. Schedule - E Drawings (Page ... to ...)
3) In consideration for the payment of the sum of Rs……( W/O Value; both in words and figures )
or such other sum as may be arrived at under the clause of the specification relating to Payment
by items measurements at unit prices by the Company, the said Contractor shall, subject to the
terms & condition contained herein execute and complete the work as described and to the
extent of probable quantities as indicated in Schedule B with such variations by way of
alteration, addition to or reduction from the said works.
4) Performance security i.e. First part of security:- The company has converted a sum of
Rs…………………………. Only deposited by the said contractor as Earnest Money vide DD
No./BG No.(valid upto) into a part of Performance Security Deposit of 5% of the awarded work
value. The balance of Rs……… upto 5% of the work order value has been deposited by the
contractor vide DD no./BG No.(valid upto). The total performance security including EMD is
@5% of the total award value of the work. The security deposit amount shall not carry any
interest.
5) Retention money i.e. Second part of security:-The second. Part of security i.e. retention money
@5% of the executed work value is to be recovered from each running bills and release of both
the aforesaid security deposit will be dealt as per General terms and conditions.

32
IN WITNESS WHEREOF THE parties herein have set their hands and seals the date and year
above written.
1. Partner. Signature
2. Partner Signature
On behalf of M/S………………………………..
The Contractor, as one of the constituted attorney,
In the presence of:-
1. Name _____________________________ Signature
Address:
Occupation:
Signed by Sri ……….on behalf of Signature
(Name of Company) in presence of -

1. Name : Signature

2. Address:

33
 PROFORMA OF BANK GUARANTEE INLIEU OF BID SECURITY/EARNEST MONEY

To ……………………………………
……………………………………
Dear Sir,
1. In consideration of the notice issued by ………………………………………………, having its
registered office at …………………….(hereinafter called “ the Company” which expression
shall unless repugnant to the subject or context includes its successors and assigns) having
agreed to accept from M/s…………………………………having its registered office
at.…………………(herein after called ‘the said Bidder’ which expression shall unless
repugnant to the subject or context includes its successors and assigns) a Bank Guarantee from a
Nationalized/Scheduled Bank in lieu of deposit of Bid Security/Earnest Money in Bank Draft
amounting to Rs………… for the due fulfillment of the terms and conditions contained in the
Bid No………….dated………………….. We………….Bank (hereinafter referred to as the
Bank) having its office/Branch at …………………. do hereby undertake to pay to the company
an amount not exceeding Rs…………..on demand by the company, for the reason of any breach
by the Bidder of any of the terms and conditions contained in the said Bid. The decision of the
company as to whether any such breach having been committed by the Bidder shall be final and
binding on us.

2. We…………………………Bank do hereby undertake to pay an amount due and payable under

this guarantee without any demur merely on a demand from the company stating that the
amount claimed is due from the Bidder for the reason of breach by the said Bidder of any of
terms and conditions contained in the said Bid or for the reason of the Bidder failing to keep the
Bid valid. Any such demand made on the Bank shall be conclusive. As regards the amount due
and payable by the Bank under this Guarantee shall be restricted to an amount not
exceeding………

3. We, the said Bank further agree that the Guarantee herein contained shall come into force from
the date hereof and shall remain in full force and effect till a demand or claim under this
guarantee is made on us in writing on or before the…………**……… We shall be discharged
from all liability under this Guarantee thereafter. ** The Bidder shall allow guarantee upto bid
validity period plus 90 days considering date of submission / revised submission, if any or up to
……. as fixed by the Notice inviting authority.

4. We, the said Bank lastly undertake not to revoke this Guarantee during its currency except with
the previous consent of the company in writing and agree that any change in the constitution of
the said Bidder or the Bank shall not discharge our liability hereunder.

5. The bank has under its constitution power to give this guarantee and Sri …... who has signed it
on behalf of the bank, has authority to do so.
Signed and sealed this………..day of……………..at…………

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code number)
(address)

“The Bank Guarantee as referred above shall be operative/payable at our branch at……..
34
(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name of the
branch with address of the specified town/city)”

Signature of the authorized person For and on behalf of the Bank.

BANK GUARANTEE PROFORMA FOR PERFORMANCE SECURITY/GUARANTEE
(TO BE STAMPED IN ACCORDANCE WITH STAMP ACT)

(TO BE ISSUED BY ANY NATIONALISED/ SCHEDULEDBANK

AUTHORISED BY RBI TO ISSUE A BANK GUARANTEE)

To:

Central Mine Planning & Design Institute Limited,

RI – VII, Bhubaneswar, Odisha-751001

In consideration of the Central Mine Planning & Design Institute Limited, RI-VII having its
Registered office at Bhubaneswar, Odisha-751001 (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

35
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 _________________________

36
 SECTION -4

SPECIAL TERMS
&
CONDITIONS

37
 Notwithstanding anything stated in this agreement, under mentioned
Special Terms & Conditioned would be operative and fully binding on
the Contractor.

1. Contractor would be deemed to have acquainted himself with the tasks to be performed,
requirement and procedure for environmental data generation. Rates are valid for
site*/project location and conditions and for performance of the various tasks, sub task etc.,
whether specifically mentioned or not and are deemed to include handling and transportation
of samples, power supply and infrastructure facilities for sampling, analysis etc. and all
inputs, activities attendant upon proper execution of the work conforming to the
requirements of Ministry of Environment, Forest and Wildlife and to the satisfaction of the
client.
Note*: Site are Coal Blocks of NALCO Utkal D and Utkal E in the district of Angul
Odisha.
2. For Environmental Baseline Data Generation, the rates for the various items, sub-tasks, tasks
(as the case be ) includes sampling, transportation and handling of samples, analysis,
performance of tasks etc. contractor would be required to comply with the following :-
(i) Furnish documentary evidence in respect of currently valid recognition as
prescribed in Clause-10 (Qualification of the Bidder) in e-tender Notice/NIT for
the laboratory and infrastructure which the contractor would be deploying for
performance of the tasks of environmental data generation.
(ii) Sampling, Analysis including method of testing shall conform to relevant Indian
Standards, and in the absence thereof International Standards and code of
practice. Ambient Air Quality monitoring furnished in emission regulations
brought out by the Central Board for Prevention and Control of Water Pollution
is to be assimilated by the contractor.
(iii) Wherever feasible, contractor would be required to keep referral sample with
indication of sample particulars (location, date & time of sampling etc.) and the
same shall be preserved for such period as may be specified by the client. On
client summons or requisition, contractor would be required to make available
the sample to the client for getting analysis and testing carried out through any
recognized laboratory or agency. In the event of variance in the test or analysis
results of referral sample and the results furnished by contractor, it will be open
to the client to recover the amount paid to the contractor for such work.
(iv) Contractor would consult the client for sample size, location and their details
connected with the work. Location of sampling points delineated on Map would
be furnished to the contractor by the client, if considered necessary.
(v) On receipt of assignment, contractor would furnish to the client, work
programme, name of persons (with their qualification and proof of expertise) to
be deployed for carrying out the tasks assigned. Only qualified and
experienced persons having required qualification and expertise would be
deployed by the contractor to the satisfaction of the client.
(vi) In case analysis or test result indicate excessive or abnormal values of specific
parameters, site conditions or likely reasons thereof shall be recorded in the
remarks brought out in explanatory note by the contractor.
(vii) Contractor will be required to defend the work carried out by him and accuracy
thereof and shall be required to clarify, elaborate or justify in the context of
evaluation of the tasks (carried out by the contractor) by State Pollution Control
Board/Ministry of Environment and Forest and Wildlife Authority of State/
Government of India.

38
 (viii) In case Environmental Baseline Data Generation covers more than one
location, i.e. adjoining or in proximity, sampling locations and size etc. would be
so planned to keep the cost at minimum.
(ix) The payment for Environmental Baseline Data Generation shall be made as
per the actual number of samples analyzed and given in the report(s).
(x) Arrangement for transport of agency’s men and material required for the job
has to be made by the agency. The responsibility for the security of the
equipment lies on the agency.
In case the data is not accepted by MOEF, the same has to be regenerated by
the agency at his own cost.
(xi) In case the agency fails to get the data regenerated within the stipulated time,
CMPDI may get the said data generated by some other agency at the agencies
cost.

2. Season mentioned in contracts means following seasons:

S.No. Months Season
1 October, November, Post Monsoon (Ist Quarter)
December
2 January, February, March Winter (IInd Quater)
3 April, May, June Pre Monsoon (IIIrd Quater)

3. Contractor would furnish to the client 1 (one) copies of draft reports and 1 (one) final
report relating to environmental data generation after the end of each season. They
would also submit 1 draft report and final reports in 6 (six) copies after the end of all
seasons in comprehensive form and a soft copy (in CD). Digitized plan will be
supplied along with the report and a soft copy in AutoCAD or as per instruction of
Engineer- in- charge.
The report shall also contain following Digitised Plans in AutoCAD:
a) Plan showing 10 Km radius area from the periphery of the project
Leasehold boundary showing the surface features namely National / State
Highways , rail routes , rivers, nallahas, lakes, villages , different industries etc.
as per instruction of Engr- in-Charge.
b) Plan showing the locations of Air sampling stations within core zone & buffer
zone (10 Km radius area from the periphery of the project leasehold boundary).
c) Plan showing the locations of water sampling stations within core zone & buffer
zone (10 Km radius area from the periphery of the project leasehold boundary).
d) Plan showing the locations of noise sampling stations within core zone & buffer
zone (10 Km radius area from the periphery of the project leasehold boundary).
e) Plan showing the locations of soil sampling stations within core zone & buffer
zone (10 Km radius area from the periphery of the project leasehold boundary).
4. If there is delay on the part of the client in making available committed data,
information etc. corresponding extension of time for the actual period involved would
be granted by the client without imposition of penalty. It is clearly understood that no
claim from the contractor would rest with the client or shall be entertained by the
client.
5 Contractor would invariably in advance, intimate the client, represented by Regional
Director, CMPDI RI-VII, Bhubaneswar, in writing, of the contractor’s expert

39
 personnel visiting the project or site proposed to be visited, tasks proposed to be
carried and expected duration of such visit so that the client can, if considered
necessary, depute his representative or authorize any other person to supervise
and/or overview the work being carried out. Client is authorized to visit the
Laboratory and acquaint himself that the tasks carried out by the contractor and his
duties, responsibilities including execution of the work conforming to Indian
standards and in the absence thereof international standards and code of practice.
6 The contractor/contractors shall not pay less than the minimum wages to the labours
engaged by him/them, in any, 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 and in this matter the decision of the client shall be final and binding.
7 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
labours if considered necessary and the client may arrange for witnessing the
payment to the labours by its representatives.
8 The contractor / contractors shall in addition to any indemnity provided by law,
indemnify the client against all liabilities whatsoever arising out of the workman’s
compensation Act 1932 or any enactment and amendments thereto and contractor
shall be wholly responsible for observance of all statutory rules and regulations
under any act or award of the Government in force in matters relating to the
employment, payment and retrenchment of labour.
No claim shall lie against the client for damaged one by any act of god or on account
of circumstances beyond the client’s control.
If in any matter which is not expressly provided for or against conditions of any
matter or practice appears prejudicial to the interest of client or the public, the client
may call upon the contractor to remedy, modify or remove such matter or practice
and this shall be binding on the contractor.
9. The work order can also be terminated by the Regional Director, CMPDI, RI-VII,
Bhubaneswar, if it is found that the information furnished by the agency at the time
of tender proved to be false.
10. Regional Director, CMPDI, RI-VII, Bhubaneswar reserves the right to terminate the work
order without assigning any reason whatsoever after giving a month’s notice. The agency shall be
paid final dues after assessing the work done till date and after recovery of all dues, if any.

40
 SECTION -5

TECHNICAL
SPECIFICATIONS

41
1. Air Quality
(i) Parameters to be covered:
PM10, PM2.5, SO2, NOx, Ammonia, Benzene, Carbonn-mono- oxide Mercury (Hg),
Lead (Pb), Chromium (Cr), Nickel (Ni), Cadmium (Cd) & Arsenic (As).
(ii) Methodology: As specified in the standards mentioned in National Ambient Air
Quality Standards prescribed by MoEF in G.S.R. 826(E) vide Notification dated
16th November, 2009 and standards for coal mines, G.S.R. 742(E) dated 25 th
September, 2000 and other conditions as per recent TORs from MoEF.
(iii) Location of Monitoring Stations: The 8 number of air quality monitoring
stations shall be monitored, depending on predominant wind direction, local
conditions and other factors.
Frequency of sampling:
The frequency of air sampling (PM10, PM2.5, SO2, NOX) would be twice a week
for 24 hour duration on consecutive days for three season. For Ammonia,
Carbon-mono-oxide, Benzo-a-Pyrene, Benzene, Mercury, Lead, Chromium,
Nickle, Cadminum and Arsenic are to be monitored once in a month. The air
quality monitoring at all the selected sites of a project will be done
simultaneously.
The air quality monitoring shall be carried out for one season (except
monsoon).

1. Micro- Meteorological Data

(i) Parameters to be covered: Ambient Temperature (mean, maximum, minimum)
in degree Kelvin; Wind Speed (Min., Max., % Calm) in m/sec; Wind Direction in
degree; Rainfall (mm); Relative Humidity (%), Cloud Cover (Oktas of sky), hourly
standard deviation of wind direction data. Wind Rose pattern for one full season
based on hourly data for a day for 3 months in a season – sixteen radial
(ii) Methodology: Wind Velocity and wind direction to be measured by using cup
anemometer and wind vane respectively, ambient temperature by wet and dry
bulb thermometer, relative humidity by hygrometer, pressure by using aneroid
barometer, rainfall data collection with the help of self-recording rain gauge and
cloud cover shall be measured by visual inspection.
(iii) Frequency of observations: Micrometeorology and microclimatic parameters
shall be recorded by installing a meteorological station. Wind velocity, wind
direction, ambient temperature, relative humid ity, cloud cover and wind rose
pattern for one full season based on hourly data for a day for 3 months in a
season
(iv) Reporting Pattern:
(a) Hourly data to be given for wind velocity, wind direction, temperature, relative
humidity, cloud cover, rainfall along with
(b) Predominant wind direction,
(c) Maximum, minimum and average wind velocity, ambient temperature, relative
humidity, rainfall
(d) Atmospheric pressure
(e) Sky appearance
(f) Daily wind roses
(g) Seasonal wind rose (16 directions)
(h) Shift wise wind roses (day time and night time – 8.00 am & 6.00 pm.)
(i) Abstract of Meteorological Data for every season detailing
- Average daily wind velocity (m/s) minimum, maximum and % duration (<0.5,
0.5-1.5, 1.5-3.5) data
- Average daily predominant wind direction (wind blowing from)
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 - Average daily temperature (oK) minimum, maximum
- Average daily mean relative humidity (%)
- Average daily rainfall (mm)
- Average daily sky appearance
- Average seasonal wind velocity (m/s) minimum, maximum and % duration
(<0.3, 0.3-1.5, 1.5- 3 m/s) data
- Average seasonal predominant wind direction (wind blowing from)
- Average seasonal temperature (oK) minimum, maximum
- Average seasonal mean relative humidity (%)
- Average seasonal rainfall (mm)
- Average seasonal sky appearance
The meteorological data is to be depicted through suitable graphics including
windrose for study period, monthly windrose and windrose for day most similar
to predominant pattern. The report shall be submitted in hard copy and soft
copy. Soft copy of Met File should be compatible with ISCST3/AERMOD
Air Quality Prediction Model.

2. Water Quality
(i) Parameters to be covered:
Mine / Effluent Sample – As per parameters and methodology detailed in
Schedule VI Standards Environment (Protection) Rules, 1986, General
Standards for discharge of environment pollutants Part-A: Effluents for Inland
surface discharge (Class A). (GSR no. 422(E) dt. 19th May, 1993 and as
amended on 31.12.1993 and 2.4.1996)
Following parameters of Effluent sample are to be analysed

Odour, Temperature, Turbidity, Colour, p H, Solid (Suspended), Total Kjeldahal

Nitrogen (TKN), Cyanide, Ammonical Nitrogen, BOD, COD, Nitrate Nitrogen,
Phosphate (Ortho), Calcium, Chlorides, Chlorine Residual, Fluoride, Hardness
(Total), Sulphate, Sulphide, Phenolics, Aluminum, Cadmium, Boron, Chromium
Hexavalent, Iron, Nickel, Copper, Lead, Manganese, Mercury, Selenium, Zinc,
Vanadium, Arsenic, Chromium (Total), Oil & Grease

Surface Water Samples – As per parameters and methodology detailed in

Inland surface water standards (class C). Class C- Tolerance limit for surface
water used for drinking water source with conventional treatment followed by
disinfection.
Following parameters of Surface water sample are to be analysed

Odour, Temperature, Colour, Solid (Suspended), Solid (Dissolved), Dissolve

Oxygen (DO), Cyanide, BOD, p H, Nitrate Nitrogen, Calcium, Chlorides,
Fluoride, Total Hardness (CaCO3), Sulphate, Phenolic, Cadmium, Chromium
Hexavalent, Iron, Copper, Lead, Manganese, Magnesium, Mercury, Selenium,
Zinc, Arsenic, Total Coliform, Oil & Grease

Drinking Water Samples – As per parameters and methodology detailed in IS:

10500:2012(Drinking Water Specification – 1st Revision) and subsequent
amendment.
Following parameters of Drinking water sample are to be analysed:
Odour, Taste, Temperature, Turbidity, Colour, Solid (Dissolved), Alkalinity,
Cyanide, Calcium, Chlorides, Chlorine Residual, Fluoride, Hardness (Total),
Nitrate, p H, Arsenic, Sulphate, Phenolics, Aluminum, Cadmium, Boron,

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 Chromium Hexavalent, Iron, Copper, Lead, Manganese, Mercury, Selenium,
Zinc, detergent, Fecal Coliform (MPN)

(ii) Methodology of Sampling & Analysis

(a) The sampling of water sample is to be done as per standard procedure
{IS: 3025 (Part -1) –1987} effluent from the nearest mine, workshop, washery;
surface water in vicinity of the coal project – ponds, nallas; drinking water
from dug wells / drill well and from nearest similar coal projects or any source
that may be specified by CMPDI .
(b) Methodology of analysis shall be as detailed in relevant volumes of BIS 3025/
NEERI/ Standard Methods (AAPHA)
(iii) Frequency of sampling
Number of sample from each source shall usually be one. However, the
frequency will be once in season. So three times for whole study period.

3. Noise Level
(i) Parameters to be covered: dB(A) Leq value, day time (6 am to 10 pm) &
night time (10 pm to 6 am), Schedule III, Environment (Protection) Rules,
1986 – Ambient Air Quality Standards in respect of Noise, at project site, coal
handling plant, coal washery, residential areas / townships, mining and
associated activities in the above mentioned coalfields or at any place in
India. The duration of recording the observations at each station during day
time and nighttime shall be continuous between 6.0 AM to 10.0 PM and 10.0
PM to 6.0 AM respectively.
(ii) Methodology: With the help of Leq Integrated Noise Level Meter
(iii) Frequency: The frequency of noise level recording shall be in fortnightly
basis and day and night separately.
(iv) Location: The noise level stations shall be same as the air quality stations
i.e. 8(six) number unless otherwise specified in the work order.

4. Soil Analysis
(i) Parameters to be covered: (a) pH, (b) Cation exchange capacity (c)
Electrical conductivity (d) Mechanical soil analysis (soil texture) (e) Nitrogen
available (f) Phosphorous available (g) Potash available (h) SAR in soil extract (i)
Water holding capacity (j) Organic Carbon (available) (k) Specific gravity –
density (l) Field capacity (m) Wilting Coefficient.

(ii) Methodology of Sampling and Analysis

The samples shall be collected at three depths at each sampling location (0-30
cm, 30-60 cm, 60-90 cm) below ground level by auger sampler. The sampling
site shall be specified by CMPDI in the above-mentioned coalfields.

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