सीएमपीडीआई

cmpdi
A Mini Ratna Company

TENDER DOCUMENT

FOR
DESIGN, ENGINEERING, PROCUREMENT & SUPPLY,
CONSTRUCTION & ERECTION, TESTING AND COMMISSIONING
OF
GRID CONNECTED 5MW (AC) FLOATING SOLAR POWER PLANT
HAVING FIVE YEARS COMPREHENSIVE O&M
FOR
EASTERN COALFIELDS LIMITED

AT
QUARRY SUMP OF DALMIA OCP
SALANPUR AREA, ECL

VOLUME – I

[COMMERCIAL]

August, 2024
Central Mine Planning and Design Institute Ltd.
(A Subsidiary of Coal India Ltd.)
Gondwana Place, Kanke Road,
Ranchi - 834031 (Jharkhand)
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 INDEX

SECTION DESCRIPTION

I. e-TENDER NOTICE
II. INSTRUCTIONS TO BIDDERS
III. CONDITIONS OF CONTRACT
Sub-Section I: GENERAL TERMS & CONDITIONS OF CONTRACT
Sub-Section II: ADDITIONAL TERMS & CONDITIONS OF CONTRACT
Sub-Section III: GENERAL TECHNICAL CONDITIONS
Sub-Section IV: ERECTION CONDITIONS OF CONTRACT
IV. Guidelines on Debarment of Firms from Bidding
V. SAFETY CODE
VI. e-Tender PORTAL USER AGREEMENT
VII. ANNEXURES
VIII. Code of Integrity for Public Procurement

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 SECTION-I

e-TENDER NOTICE

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 CENTRAL MINE PLANNING AND DESIGN INSTITUTE LIMITED
(A Miniratna Company & Subsidiary of Coal India Limited)
OFFICEOF THE GENERAL MANAGER (E&M)/HOD (E&M)
Reg. Office: P.O. Dishergarh, Sanctoria, DT- Pashchim Bardhaman, West
Bengal – 713333
Website: www.coalindiatenders.nic.in
Mail ID: [email protected]

NIT No.: ECL/HQ/GM(EnM)/HOD/2024-25/281 Date: 01.10.2024

e-TENDER NOTICE

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

Description of work Location Date of Earnest Period of

commencement Money Completion (in
of work (InRs.) Days)

Design, Engineering, Salanpur Within 30 days 3876800/- Total contract

Procurement & Supply, Area, ECL, from the issue of (Thirty- period: 2095
Construction, Fabrication, & District: letter of Eight Lakh days (270
Erection, Installation, Testing & Pashchim Acceptance and Seventy-Six days
submission of Thousand + 1825 days)
Commissioning of grid Bardhaman
Performance Eight a) Construction of
connected Floating Solar PV State: West Security or seven hundred plant
Power Plant of 5 MW (AC) Bengal days afterhanding only) including
with minimum 30 percentage over thesite for testing &
DC overload capacity, at the firstactivity as commissioning
Dalmia OCP, Salanpur Area, per PERT network : 270 days.
ECL, consisting of all Civil, chart, whichever is b) Comprehensive
Structural, and Electrical Works later. Operation &
and all other accessories and Maintenance of
facilities required to make it Plant: 1825
complete in all respects and days.
Comprehensive Operation &
Maintenance of plant for five
years.
Note: Estimated cost put to tender (inclusive of GST) of the work is ₹ 3101.40 Lakh.

Tender inviting authority Contact Person(s) - ECL Contact Person for site visit of work
General Manager (E&M)/HOD, Ajoy Bhowmik, General Manager Haldhar Rajak, GM(E&M)/Area
ECL HQ (E&M)/Power, ECL HQ Engineer (E&M), Salanpur Area
Email ID- [email protected] Contact No. 9434795297 Contact No. 9434795969

HELP DESK (24 X 7) TEL. NO.: 0120-4200462, 0120-4001002, 0120-4001005, 0120-6277787

The details of the tender will be mirrored in the Central Public Procurement Portal http://eprocure.gov.in of
Govt. of India.

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DETAILS OF GST REGISTRATION OF ECL:

GSTIN of ECL West Bengal Jharkhand

19AAACE7590E1ZI 10AAACE7590E1Z0

Note:
(i) Availability of Input tax credit to ECL: Input tax credit is to be availed by ECL as per rule.
(ii) The bid documents will be available on the website (https://www.coalindiatenders.nic.in) and can be
downloaded by the bidder up to the bid submission end date. The details of the tender will be mirrored
on the Central Public Procurement Portal (CPP) of Govt. of India (https://eprocure.gov.in).

2. Time Schedule of Tender:

Sl. No. Particulars Date Time (IST)

a. Tender Publication Date 03.10.2024 11:00 AM

b. Document download Start Date 03.10.2024 11:00 AM
c. Document download End Date 24.10.2024 11:00 AM
d. Bid Submission Start Date 04.10.2024 11:00 AM
e. Bid Submission End Date 24.10.2024 11:00 AM

f. Start Date for seeking Clarification on-line 03.10.2024 11:00 AM

g. Last Date for seeking Clarification on-line 17.10.2024 11:00 AM

h. Date of Pre-bid Meeting Not Applicable

i. Bid Opening Date [Cover-I (Technical-bid)] 25.10.2024 11:00 AM
j. Bid Opening Date [Cover-II (Price-bid)] 25.12.2024 11:00 AM
(Tentative)
For details of qualification requirements, and complete tender document, visit our website
http://eprocure.gov.in/cppp. Detailed Tender Notice is available at https://coalindiatenders.nic.in
End user portal agreement of CIL is applicable for ECL
Note:
i. If number of bids received online is found to be less than three, then last date of submission of Bid and
Technical Bid Opening date will be automatically extended for a period of Four days ending at 17.00
hrs. The auto extension shall work on the basis of number of bids received only. In case of holiday, the
due date of opening will be extended to next working day.
ii. This extension will be also applicable in case of receipt of zero bid.
iii. Bidders will have right to modify / withdraw their bids during extended period of submission of bids.
iv. After extension, as stated above the tender shall be opened irrespective of available no. of bids on the
extended date of opening of tender.
v. If the above extended date falls on Holiday i.e. a non-working day as defined in the e-procurement
portal, then the same is to be re-scheduled to the next working day.
vi. The validity period of the tender should be decided based on the final end date of submission
of bids.
vii. The Employer reserves the right to issue corrigendum/addendum and it shall be binding on part
of the Bidders.

3. Deposit of EMD:
₹ 38,76,800/- (Thirty-Eight Lakh Seventy-Six Thousand Eight hundred only) is to be deposited
as Earnest Money/ Bid Security.

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3.1 The Bidder will have to make the payment of EMD through online mode only. In Online mode the Bidder
can make payment of EMD either through net-banking from designated Bank/s or through NEFT/ RTGS
from any scheduled Bank.

Net-Banking: In case of payment through net-banking the money will be immediately transferred to
designated Account.

NEFT/ RTGS: In case of payment through NEFT/ RTGS the Bidder will have to make payment as per
the Challans generated by system on e-Procurement portal before submission of bid. The EMD
payment through NEFT/ RTGS mode should be made well ahead of time to ensure that the EMD
amount is transferred to account before bid submission.

3.2 Bidder will be allowed to submit his/her bid only when the EMD is successfully received in designated
account and the information flows from Bank to e-Procurement system.

3.3 In case of exemption of EMD, the scanned copy of document (attested by notary public) in support of
exemption will have to be uploaded by the bidder during bid submission. However, this option is to be
enabled only in those cases where the exemption of EMD to some bidders is allowed as per NIT.

In online payment of EMD, if the payment is made by the Bidder within the last date & time of bid
submission but not received by the Company within the specified period due to any reason then the bid will
not be accepted. However, the EMD will be refunded back to the Bidder.
Note: EMD exemption is not applicable for the instant tender.

4. Seeking Online Clarification by bidder: The bidder may seek clarification online within the specified
period in the e- Procurement portal of CIL only. The identity of the Bidder will not be disclosed by the
system. The department will clarify as far as possible the relevant queries of bidders. No offline
communication shall be entertained. The clarifications given by department will be visible to all the bidders
intending to participate in that tender.

5. Pre-Bid Meeting:
The pre-bid meeting shall be held online (through VC) as per the scheduled date & time, as
specified in the e-Procurement portal. The purpose of the pre-bid meeting is to clarify the issues and to
answer the questions on any matter that may be raised at that stage. Non-attendance at the pre-bid meeting
will not be a cause for disqualification of Bidder and it shall be presumed that the Bidder does not
require any clarification. If a Pre-Bid meeting is held then the minutes of the Pre-Bid meeting shall be
uploaded on the Portal, before start date of bid submission which can be viewed by all interested Bidders.
Note: - For VC link, bidders need to send an email request to email id: [email protected]

6. 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.nic.in in order to become an eligible Bidder. This will be a part of the agreement.

7. ELIGIBLE TENDERERS:

7.1 The Invitation for Bid(s) is open to all Bidders including an individual, proprietorship firm, partnership
firm, company registered under Companies Act, any legal entity or JV/Consortium. The bidders shall be
eligible to participate only if they fulfill the qualifying criteria laid down separately hereinafter.

7.2 A firm that has been engaged by the Employer to provide consulting services for the preparation or
supervision of the Works shall not be eligible to Bid.

7.3 Joint Venture (JV)/ Consortium: Two or three companies/ contractors may jointly undertake

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 contract/contracts. Each entity will be jointly and severally responsible for completing the task as per the
contract.
JV/Consortium details:
Name of all Members of a JV/CONSORTIUM (not more than 3):

i. Lead Member (minimum participation share – 50%)

ii. Member (minimum participation share – 20%)
iii. Member (minimum participation share – 20%)
7.4 JV/Consortium must comply the following requirements:
i. The qualifying criteria parameter e.g. experience, financial resources (of the relevant period) and the
equipment/fleet strength of the individual member of the JV/CONSORTIUM will be added together
and the total criteria should not be less than as spelt out in qualifying/eligibility criteria as specified in
e-tender Notice. However, the required Working Capital shall be met by individual members of
JV/CONSORTIUM as spelt out in the relevant Clause.

ii. The formation of JV/CONSORTIUM or change in the JV/CONSORTIUM character/ members after
submission of the bid and any change in the bidding regarding JV/CONSORTIUM will not be
permitted.

iii. The bid, and in case of a successful bid - the agreement, shall be signed so as to legally bind all
members jointly and severally and any bid shall be submitted with a copy of the JV/CONSORTIUM
Agreement providing the joint and several liabilities with respect to the contract.

iv. The pre-qualification of a JV/CONSORTIUM does not necessarily pre-qualify any of its member
individually or as a member in any other JV/CONSORTIUM. In case of dissolution of a
JV/CONSORTIUM, each one of the constituent firms may pre-qualify if they meet all the pre-
qualification requirements, subject to written approval of the employer.

v. The bid submission must include documentary evidence to the relationship between
JV/CONSORTIUM members in the form of JV/CONSORTIUM Agreement to legally bind all partners
jointly and severally for the proposed agreement which should set out the principles for the constitution,
operation, responsibilities regarding work and financial arrangements, participation (percentage share in
the total) and liabilities (joint and several) in respect of each and all of the firms in the
JV/CONSORTIUM. Such JV/CONSORTIUM Agreement must evidence the commitment of the parties
to bid for the facilities applied for (if pre-qualified) and to execute the contract for the facilities if their
bid is successful.

vi. One of the members shall be nominated as ‘In-charge’ of the contract and shall be designated as Lead
Partner. This authorization shall be evidenced by submitting with the bid a Power of Attorney signed by
legally authorized signatories of all the members.

vii. The JV/CONSORTIUM must provide that the Lead Member shall be authorized to incur liabilities and
receive instructions for and on behalf of any and all members of the JV/CONSORTIUM and the entire
execution of the contract shall be done with active participation of the Lead Member.

viii. The contract agreement should be signed by each JV/CONSORTIUM members. Subsequent
declarations/letters/documents shall be signed by lead member authorized to sign on behalf of the
JV/CONSORTIUM or authorized signatory on behalf of JV/CONSORTIUM.

ix. The bid should be signed/digitally signed by the DSC holder submitting the Bid.

x. An entity can be a member in only one JV/CONSORTIUM. Bid submitted by JV/CONSORTIUM

including the same entity as member will be rejected.

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 xi. The JV/CONSORTIUM agreement may specify the share of each individual member for the purpose of
execution of this contract. This is required only for the sole purpose of apportioning the value of the
contract to that extent to individual member for subsequent submission in other bids if he intends to do
so for the purpose of the qualification in that Bid.

xii. The JV/CONSORTIUM agreement must specifically state that it is valid for the project for which
bidding is done. If JV/CONSORTIUM breaks up midway before award of work and during bid validity
period bid will be rejected.

xiii. If JV/CONSORTIUM breaks up midway before award of work and during bid validity/after award of
work/during pendency of contract, in addition to normal penalties as per provision of bid document, all
the members of the JV/CONSORTIUM shall be debarred from participating in future bids for a
minimum period of 12 months.

xiii. JV/CONSORTIUM agreement shall be registered in accordance with law so as to be legally valid and
binding on the members before making any payment.

Note: If the work is awarded to a JV/CONSORTIUM firm, they will register the JV/CONSORTIUM
agreement under Registration Act in accordance with law.

xiv. JV/CONSORTIUM shall open a bank account in the name of JV/CONSORTIUM and all payments
due to the JV/CONSORTIUM shall be credited by employer to that account only. To facilitate
statutory deductions all statutory documents like PAN, GST registration etc. shall be submitted by
JV/CONSORTIUM before making any payment.

xv. The JV/CONSORTIUM must enroll in the e-Procurement portal with the name of the firm as
appearing in the JV/CONSORTIUM agreement.

7.5 Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) issued by Govt. of
India as amended from time to time shall be applicable. The Company reserves its right to allow Public
Enterprises purchase preference facility as admissible under prevailing policy.

7.6 No sub-letting of the work as a whole by the contractor is permissible. Prior permission is required to be
taken from the principle employer for engagement of sub-contractors.

8. ELIGIBILITY CRITERIA: Eligibility Criteria to qualify for the award of contract and data/supporting
documents to be uploaded online.

8.1. Eligibility criteria to qualify for award of the contract –

A. WORK EXPERIENCE: The intending tenderer must have in its name experience of having
successfully completed similar works during last 7 (Seven) years ending last day of month previous to
the one in which bid applications are invited i.e. e-publication date on procurement portal should be any
of the following.

i) Three similar completed works each costing not less than the amount equal to 20% of the estimated
cost put to tender.
Or
ii) Two similar completed works each costing not less than the amount equal to 25% of the estimated
cost put to tender.
Or
iii) One similar completed work costing not less than the amount equal to 40% of the estimated cost
put to tender.

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 DEFINITION OF SIMILAR WORK:

The definition of similar works shall be work related to design, supply, installation, testing &
commissioning of Solar Photo Voltaic (SPV) grid connected power plant(s). The SPV plant shall be
any or all of the following installations:
a. Ground Mounted SPV
b. Roof-top SPV
c. Floating SPV

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

The intending tenderer must submit documentary evidence in support of above in the form of (i) certified
copy of work order, (ii) completion certificate indicating value and period of work, the TDS certificate be
submitted during clarification, if any.

Note:
1). The experience towards overseas jobs, if submitted, should be vetted/endorsed by the relevant*
embassy/high commission concerned, towards authenticity of document in English or translated in
English language.
(*Relevant embassy/High Commission means the embassy/High Commission in India of the country
where the bidder has executed the said work or country of origin of the bidder OR the Indian embassy in
the country where bidder has executed the work or country of origin of the bidder.)

(Note: - The date of exchange rate of foreign currency in Indian Rupees in respect of overseas work
experience shall be considered of the last day of month previous to the one in which bid applications are
invited i.e. e-publication date on procurement portal but the weightage 5% or 7% as per configuration in
the portal shall not be applicable.)

2) JV/Consortium, shall be allowed for participation in the bid with estimated cost Above Rs. 5.0
Crores.

The above qualification criteria shall be fulfilled by JV/CONSORTIUM in the following manner.

The qualifying criteria parameter e.g. experience of the individual partners of the JV/CONSORTIUM will
be added together as deliberated hereinafter towards fulfillment of qualification criteria related to
experience.

a) In case of completion of single work of similar nature costing, not less than the amount equal to 40% of
the estimated cost put to tender: -
Any of the JV/CONSORTIUM partner shall have the experience of having completed successfully a
single work of similar nature equal to 40% of the estimated cost put to tender.
OR

b) In case of completion of two works of similar nature each costing not less than the amount equal to 25%
of the estimated cost put to tender: -
i) Any one partner can match the above requirement.
OR
ii) At least two partners should each have completed at least one work of similar nature each
costing not less than the amount equal to 25% of the estimated cost put to tender.
OR

c) In case of completion of three works of similar nature, each costing not less than the amount equal 20%
of the estimated cost put to tender: -
i) Any one partner can match the above requirement.
OR
ii) Any two partners shall match the above requirement through completion of at least two work by one
partner and one work by other
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 partner of similar nature each costing not less than the amount equal 20% of the estimated cost put to
tender: -
OR
iii) All the three partners shall match the above requirement through completion of at least one work of
similar nature each costing not less than the amount equal 20% of the estimated cost put to tender.

Experience for those works only shall be considered for evaluation purposes, which match eligibility
requirement stipulated above, on or before the last day of month previous to one in which tender has been
invited (publication date of NIT). The experience of incomplete/ongoing works as on last date of eligibility
period will not be considered for evaluation. If the referred work includes construction, operation as well as
maintenance after construction, the experience of such work may be considered as ‘acceptable’ if the
construction part is completed as on the last date of ‘eligibility period’, even if operation/maintenance work is
ongoing, and the certificate issued clearly stipulates the same.

Completion of works means completion of works by undertaking entire responsibility from design, Supply,
Installation, Construction and Commissioning.
In all the above cases, while considering the value of completed works, the full value of completed work be
considered whether or not the date of commencement is within the said seven years’ period.

Cost of previous completed work(s) shall be given a simple weightage of 7% per year to bring them at
current price level, while evaluating the qualification requirement of the bidder. Such weightage shall be
considered after end date of completion. The year can be considered as suitable consecutive 365 days till the
last day of month previous to one in which bid has been invited. Updating will be considered for full or part
of the year (total no. of days / 365) i.e. considering 365 days in a year, till the last day of month previous to
one in which bid has been invited.

Data to be furnished by the Bidders:

i. Start date & end date of each qualifying experience (similar nature)
ii. Work order Number /Agreement Number of each experience
iii. Name & address of Employer/Work Order Issuing authority of each experience
iv. Percentage (%) share of each experience (In case the experience has been earned by the bidder as a partner
in a JV/Consortium firm/partnership firm then the proportionate value of experience in proportion to actual
share of bidder in that JV/Consortium firm/ partnership firm will be considered against eligibility else it shall
be taken as 100%).
v. Executed Value of work against each experience
vi. In case the bidder is a JV/Consortium, work experience as above may be furnished as the work experience
of the bidder.
Note: Till the time of changes in the e-procurement portal regarding weightage from 5% to 7% is configured inthe
portal, the 5% weightage shall be considered for work experience for floating of tender on NIC portal.

B. FINANCIAL TURNOVER:
Average annual financial turnover during the last 3(three) years, ending 31st March of 2024 financial year should
be at least 30% of the estimated cost put to tender.
The intending bidders must submit the Financial Turnover certificate (with UDIN No.) issued by a Practicing
Chartered Accountant having a membership number with Institute of Chartered Accountants of India, containing
the information as furnished by bidder online.
The foreign partner(s) should submit Financial Turnover certificate based on IFRS (International Financial
Reporting Standards) accounting standard certified by a local practicing public accountant/audit firm duly
vetted/endorsed by the relevant *Embassy/High Commission concerned, towards authenticity of document.
(*Relevant embassy/High Commission means the embassy/High Commission in India of the country where the
bidder has obtained Turnover certificate or country of origin of the bidder OR the Indian embassy in the country
where the bidder has obtained Turnover certificate or country of origin of the bidder.)

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 Note:
i) Financial turnover shall be given a simple weightage of 7% per year to bring them at current price level,
while evaluating the qualification requirement of the bidder. Such weightage shall be considered from the
end date of financial year. Updating will be considered for full or part of the year (total no. of days / 365)
i.e. considering 365 days in a year, till the last day of month previous to one in which bid has been
invited.
JV/Consortium shall meet the above eligibility requirement, in the following manner:
The qualifying criteria parameter e.g. financial resources of the individual partners of the JV/CONSORTIUM
will be added together, for the relevant financial year, and the total should not be less than as spelt out above.

Note:
Till the time of changes in the e-procurement portal regarding weightage from 5% to 7% is configured
in the portal, the 5% weightage shall be considered for Financial Turnover for floating of tender on NIC
portal.

In respect of the above eligibility criteria the bidders are required to furnish the following information on-line:
i) Annual turnover of each of the last 3 (three) years ending 31st March of the previous financial year.

ii) Name of the Chartered Accountant issuing the Profit and Loss A/c or the Turnover certificate.

iii) Membership Number of the Chartered Accountant.

iv) Date of certificate issued by Chartered Accountant.

Note:
a. In case the bidder is a JV/Consortium, the turnover of the individual partners of the
JV/CONSORTIUM will be added together for each financial year and is to be furnished as the
turnover of the bidder for that particular financial year. However, the information against Sl. No. (ii)
& (iii) above will be given w.r.t. the lead partner of JV/CONSORTIUM only.
b. In case of JV/CONSORTIUM, if financial turnover of all the partners is not submitted; the
JV/CONSORTIUM will not be disqualified and instead the required turnover will be calculated
assuming zero value for partner/partners who has/have not submitted the financial turn over
certificate.

(ii) Special Note:

Confirmation regarding possessing of Financial Turnover issued by Practicing Chartered Accountant in the
(iii) form of Yes / No.
Scanned copy of documents to be uploaded by Bidders (CONFIRMATORY DOCUMENT): Financial
Turnover certificate having a Unique Document Identification Number (UDIN) with Institute of Chartered
Accountants of India.

C. WORKING CAPITAL:
The Bidder must submit the Certificate 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, issued by a Practicing Chartered Accountant having a
Membership Number with Institute of Chartered Accountants of India. Such Certificate should contain the
Unique Document Identification Number (UDIN). The bidder should possess the Working Capital issued within
three months prior to the date of opening of tender.

In case, access to lines of credit constitutes the availability of Working Capital, Banker’s Certificate (Scheduled
Commercial Bank) shall also be submitted regarding availability of access to credit (issued within three months
prior to the date of opening of tender) to meet the above eligibility criteria.
For foreign Partner(s), Banker’s Certificate regarding availability of access to credit (issued within three months
prior to the date of opening of tender) should be duly vetted/endorsed by the relevant Embassy/High
Commission concerned, towards authenticity of document. Relevant Embassy/High Commission means the
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 Embassy/High Commission in India of the Country where the bidder has obtained Banker’s Certificate or
Country of origin of the bidder).

Note: In case of tender of more than one-year period of construction of plant including trial run and performance
guarantee test, the annualized value to be worked out as under:

(iv) Estimated cost of the work (including GST) put to tender.

(v) Annualized value= X 365 days
Period of construction of plant including trial run and performance
guarantee test in days.

(vi) In case of JV/CONSORTIUM, the requirement of Working Capital under this clause shall be met as per
following proportion:
a. The lead member shall have to possess at least 50% share in the required Working Capital in
order to qualify in this tender.
b. All other members shall have to possess at least 25% share in the required Working Capital, in
order to qualify in this tender.

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

Working Capital issued by a Practicing Chartered Accountant having a membership number with Institute of Chartered
Accountants of India containing the information as furnished by Bidder on- line with UDIN.

Note: A sample checklist for working capital certificate has been enclosed below.

SAMPLE CHECKLIST OF WORKING CAPITAL CERITIFICATE

THIS IS A SAMPLE CHECKLIST FOR WORKING CAPITAL CERTIFICATE. (FOR REFERENCE
PURPOSE ONLY).
The Working Capital Certificate issued by CA should contain the following important parameters in
line with the information furnished by the bidder online:

1. Name of Bidder:
2. Amount of Available Working Capital inclusive of lines of credit and availability of other financial
resources:

SI Particulars Value in
No Rs.
(1) (2) (3)
1 Current Asset (CA)
2 Current Liability (CL)
3 Working Capital (1-2)
4 Access to lines of credit and availability of other financial resources
5 Working Capital inclusive of Access to lines of credit and availability of
other financial resources (3+4)

Note: For eligibility Amount should be at least 20% of the Annualized value or estimated value whichever is less.
3. Date on which bidder possess working capital: (Should be within 3 months prior to the date of
opening of tender).
4. Name of Chartered Accountant (CA) with Membership No.:
5. Date of issue of Certificate: (Should be within 3 months prior to the date of opening of tender).
6. Certificate should be issued by Practicing CA (having Membership No.) containing UDIN No.
Note:
1. Access to line of Credit and availability of other financial resources shall imply the Net availability of
Funds* towards Working Capital, as on the date on which bidder possesses working capital.
* The net availability of funds is the availability of unutilized fund.

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D. PERMANENT ACCOUNT NUMBER: The bidder should submit a Permanent Account Number (PAN) issued
by Income Tax Department.
In case of JV/CONSORTIUM, PAN card for each Indian partner of JV/CONSORTIUM and Verifiable Tax
Residency Certificate of respective country for each foreign partner or JV/CONSORTIUM itself.

E. GOODS AND SERVICES TAX (NOT APPLICABLE FOR EXEMPTED SERVICES)

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

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

i). Confirmation in the form of Yes/No regarding possessing of required document as enlisted in NIT with
respect to GST status of the bidder.

Scanned copy of documents to be uploaded by bidder(s) in Bidder space/ My Document: GST

Registration Certificate of the bidder.

Note:

i) In case of JV/CONSORTIUM, In case of JV/CONSORTIUM, Bidder should submit scanned copy of GST
status of Lead Partner only or GST Registration Certificate of JV/CONSORTIUM itself.

ii) In case the work/service is awarded to a JV/Consortium participating in the tender they have to submit
PAN, GST registration (as applicable in the tender and for the bidder status) etc. in the name of the
JV/Consortium after Award of Work/Service before the payment of first running on account bill.

iii) If turnover of bidder exceeds exemption/threshold limit, the bidder must have GST registration as per GST
Act and rules.

iv) During the execution of the contract if the GST status of the bidder changes, then the payment of GST, if
any, to the contractor will be made as per the GST status declared by the bidder during tender stage based on
which cost to company has been ascertained or at actuals, whichever is lower.

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

online by the bidder against Eligibility Criteria as Confirmatory Document.

F. 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 containingname of
bidder.
4. In case of Joint Venture/Consortium Bidder, following documents are to be provided:
• Scanned copy of JV/Consortium agreement containing name of partners and lead partner,
Power of Attorney to the lead partner and share of each partner.
• Power of attorney to the respective partners from the Board of Directors of the concerned
Company, or from the partners of the entity, or from the proprietor, authorizing the signatory
of the JV/Consortium agreement on behalf of them.
• The document(s) (any of them as applicable) regarding legal status of all the individual
partners of JV/Consortium mentioned below:
a) Affidavit or any other document to prove proprietorship/individual status of the bidder.
13
 OR
b) Partnership deed containing name of partners.
OR
c) Memorandum & Article of Association with certificate of incorporation containing name of
bidder.

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

DOCUMENT/ Other Important Document (OID): Legal Status of the bidder.

G. 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.
Scanned copy of documents to be uploaded by bidders as CONFIRMATORY DOCUMENT.

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

I. Purchase Preference under Make in India‟ Policy for “Local supplier”

Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable.
In terms of the above said policy, purchase preference shall be given to Class-I local supplier.
In terms with the above said policy, Class-I local suppliers and Class-II local suppliers shall be
eligible to bid.
The definitions of Class-I Local Supplier, Class-II local supplier, Non-Local supplier, Local
Content and Margin of Purchase Preference as per above mentioned Order are as follows: -
i. “Class-I local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, has local content equal to or more than 50%, as defined under said order.
ii. “Class-II local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, has local content more than 20% but less than 50%, as defined under said
order.
iii. “Non-Local supplier” means a supplier or service provider, whose goods, servicesor works
offered for procurement, has local content less than or equal to 20% as defined under said order
iv. “Local Content” means the amount of value added in India which shall be the total value of
the item procured (excluding net domestic indirect taxes) minus the value of imported content
in the item (including all customs duties) as a proportion of the total value, in percent.
v. “Margin of Purchase Preference” means the maximum extent to which the price quoted by a
Class-I local supplier may be above the L1 for the purpose of purchase preference. The margin
of purchase preference is 20%.

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

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

percentage of local content as enlisted in NIT.

Note: -
I. If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at the time of
bidding shall submit either self-certification indicating the percentage of local content in the
offered items.
14
II. If the estimated value of procurement is more than Rs. 10 crores, all the Bidders shall submit
along with its bid a certificate from the statutory auditor or cost auditor of the company (in case
of companies) or from a practicing cost accountant or practicing chartered account (in respect
of suppliers other than companies) giving the percentage of local content.
Scanned copy of documents to be uploaded by bidder(s) in support of information /
declaration furnished online by the bidder against Eligibility Criteria as Confirmatory
Document.
Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable. (NOT
APPLICABLE WHERE ESTIMATED COST PUT TO TENDER IS LESS THAN 5 LAKHS.)

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

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

ii) If L-1 is not from a Class-I local supplier, the lowest bidder among the Class-I local
suppliers, will be invited to match the L-1 price subject to Class-I local supplier's quoted
price falling within the margin of purchase preference, and the contract shall be awarded to
such Class-I local supplier subject to matching the L-1 price.

iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the Class-I
local supplier with the next higher bid within the margin of purchase preference shall be
invited to match the L-1 price and so on and contract shall be awarded accordingly. In case
none of the Class-I local suppliers within the margin of purchase preference matches the L-1
price, then the contract may be awarded to the L-1 bidder.

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

Verification of local content:

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

ii) CIL/ Subsidiary may constitute committees with internal and external experts for
independent verification of auditor’s / accountant’s certificates on random basis and in the case of
complaints.
15
 iii) False declarations will attract Guidelines on Debarment of firms from Bidding for a
period up to two years and with process in line with clause 19 of GTC.

iv) A local supplier who has been debarred by any procuring entity for violation of above
order shall not be eligible for preference under this Order for procurement by any other procuring
entity for the duration of debarment. The debarment for such other procuring entities shall take
effect prospectively from the date on which it comes to the notice of other procurement entities.
8.2. If the bidder is a subsidiary of a company, the experience and resources of the holding
company or its other subsidiaries will not be taken into account. However, if the bidder is a
holding company, the experience and resources of its wholly owned subsidiaries will be
taken into consideration.

8.3. Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
a) Made misleading or false representations in the forms, statements and attachments submitted in
proof of the qualification requirements; and/or

b) The 'contract' shall mean the notice inviting tender, the tender as accepted by the company and
the formal agreement executed between the company and the contractor together with the
documents referred to therein including conditions of contract, special conditions, if any,
specifications, designs & drawings including those to be submitted during progress of work,
scope of work, billing schedule/schedule of quantities with rates and amounts. Until the
formal agreement is signed between the Owner and Contractor, LOA/Work Order together with
Contract Document, shall constitute the Contract.

8.4. General Technical Evaluation (GTE) and Bidder’s space/ My Document/ Other Important
Document (OID):

a. The bidders have to accept unconditionally in GTE (General Technical Evaluation) the Undertaking
regarding Genuineness of the information furnished by him online & authenticity of the scanned
copy of documents uploaded by him on-line in support of his eligibility criteria, Financial Turnover,
PAN, GST and Legal Status of the bidder. No recycling will be done for this document i.e. no
further clarification will be sought from bidder.

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

Sl. Submission of Information to Scanned copy of document(s) uploaded by

No. Documents related to be furnished by bidder in Bidder’s space/ My Document/
Eligibility Criteria Bidder online in Other Important Document (OID)
GTE
1 2 3
1. Permanent Account Confirmation The bidder should submit a Permanent
Number (PAN) in the form of Account Number (PAN) issued by Income
[Ref.Cl.No.8.1(D) of Yes/NO for Tax Department.
e-Tender Notice] possessing the In case of JV/CONSORTIUM, PAN card for each
supporting Indian partner of JV/CONSORTIUM and
documents Verifiable Tax Residency Certificate of respective
country for each foreign partner or
JV/CONSORTIUM itself.
2. Goods & Services Tax 1.Confirmati The bidder should be either GST Registered
(GST) Registration. on in the Bidder under regular scheme
(Not Applicable for form of
Exempted Services) Yes/No OR

16
 regarding GST Registered Bidder under composition
[Ref.Cl.No.8.1(E) of e- possessing of scheme OR
Tender Notice] required GST unregistered Bidder
document as In respect of the above eligibility criteria the
enlisted in bidder is required to furnish the following
NIT with information online: i). Confirmation in the form
respect to of Yes/No regarding possessing of required
GST status document as enlisted in NIT with respect to
of the Bidder GST status of the bidder.
2. Status of
the Bidder in Scanned copy of documents to be
the BOQ uploaded by bidder(s) in Bidder space/
excel sheet MyDocument.
being
GST Registration Certificate of the bidder.
uploaded by
Note:
the Bidder
during bid i) In case of JV/CONSORTIUM, Bidder
submission. should submit scanned copy of GST status of
Lead Partner only or GST Registration
Certificate of JV/CONSORTIUM itself.
ii) In case the work/service is awarded to a
JV/Consortium participating in the tender they
have to submit PAN, GST registration (as
applicable in the tender and for the bidder
status) etc. in the name of the JV/Consortium
after Award of Work/Service before the
payment of first running on account bill.
iii) If turnover of bidder exceeds
exemption/threshold limit, the bidder must have
GST registration as per GST Act and rules.
iv) During the execution of the contract if the
GST status of the bidder changes, then the
payment of GST, if any, to the contractor will
be made as per the GST status declared by the
bidder during tender stage based on which cost
to company has been ascertained or at actuals,
whichever is lower.

17
 3. Legal Status of the Confirmation in Any one of the following documents:
Bidder (Ref. Clause No the form of 1. Affidavit or any other document to
8.1 (F) of NIT) Yes/NO for prove proprietorship/ Individual status of the
possessing the bidder.
supporting
documents 2. Partnership deed containing name of partners.

3. Memorandum & Article of Association with

certificate of incorporation containing name of
bidder

In case of Joint Venture/Consortium Bidder,

following documents are to be provided:
• Scanned copy of JV/Consortium agreement
containing name of partners and lead partner,
Power of Attorney to the lead partner and
share of each partner.
• Power of attorney to the respective partners
from the Board of Directors of the concerned
Company, or from the partners of the entity,
or from the proprietor, authorizing the
signatory of the JV/Consortium agreement on
behalf of them.
• The document(s) (any of them as applicable)
regarding legal status of all the individual
partners of JV/Consortium mentioned below:
a) Affidavit or any other document to
prove proprietorship/individual status of the
bidder.
OR
b) Partnership deed containing name of partners.
OR
c) Memorandum & Article of Association
with certificate of incorporation containing
name of bidder.

4. Letter of Bid and Confirmation in NIL

Undertaking regarding the form of
genuineness of the Yes/No for
information furnished online unconditional
and authenticity of the acceptance in
documents uploaded online GTE.
in support of his eligibility
as per the format given in
Annexure I & II.
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.

18
b. All the bidders have to submit the information in objective manner confirmed by the uploaded
documents. The documents related to the information furnished online by bidder, based on which
the auto evaluation takes place, will only be considered. If the bidder uploads any other document,
it will be given no cognizance.

The scanned copy of following documents (valid on the end date of bid submission) will be uploaded
by the bidder while submitting bid online:

PART-I (Cover-I)
Sl. Submission of Scanned copy of documents to be uploaded by bidder in support of
No. Documents related to information/ declaration furnished online by the bidder against
Eligibility Criteria Eligibility Criteria as CONFIRMATORY DOCUMENT

1. Work Experience For work experience, bidders are required to submit Work Experience
[Ref.Cl.No.8.1(A) of Certificate issued by the employer against the experience of similar works
e-Tender Notice] containing all the information sought online. In case of sub- contractor,
suitable document as per provisions of eligibility, if applicable.
The intending tenderer must submit documentary evidence in support of
above in the form of (i) certified copy of work order,
(ii) Completion certificate indicating value and period of work, The TDS
certificate be submitted during clarification, if any.
2. Working Capital The Bidder must submit the Certificate of possessing adequate Working
[Ref.Cl.No.8.1(C) of Capital (at least 20% of the “Annualized value or Estimated value
e-Tender Notice] whichever is less” of this work) inclusive of access to lines of credit and
availability of other financial resources to meet the requirement, issued
by a Practicing Chartered Accountant having a Membership Number
with Institute of Chartered Accountants of India. Such Certificate should
contain the Unique Document Identification Number (UDIN). The
bidder should possess the Working Capital issued within three months
prior to the date of opening of tender.

In case, access to lines of credit constitutes the availability of Working

Capital, Banker’s Certificate (Scheduled Commercial Bank) shall also be
submitted regarding availability of access to credit (issued within three
months prior to the date of opening of tender) to meet the above
eligibility criteria.

For foreign Partner(s), Banker’s Certificate regarding availability of

access to credit (issued within three months prior to the date of opening
of tender) should be duly vetted/endorsed by the relevant Embassy/High
Commission concerned, towards authenticity of document. Relevant
Embassy/High Commission means the Embassy/High Commission in
India of the Country where the bidder has obtained Banker’s Certificate
or Country of origin of the bidder).

19
3. Financial Turnover Average annual financial turnover during the last 3(three) years, ending
[Ref.Cl.No.8.1(B) of 31st March of 2024 financial year should be at least 30% of the
e-Tender Notice] estimated cost put to tender.

The intending bidders must submit the Financial Turnover certificate

(with UDIN No.) issued by a Practicing Chartered Accountant having a
membership number with Institute of Chartered Accountants of India,
containing the information as furnished by bidder online.

The foreign partner(s) should submit Financial Turnover certificate

based on IFRS (International Financial Reporting Standards)
accounting standard certified by a local practicing public
accountant/audit firm duly vetted/endorsed by the relevant
*Embassy/High Commission concerned, towards authenticity of
document.
(*Relevant embassy/High Commission means the embassy/High
Commission in India of the country where the bidder has obtained
Turnover certificate or country of origin of the bidder OR the Indian
embassy in the country where the bidder has obtained Turnover
certificate or country of origin of the bidder.)
Digital Signature a. If the bidder himself is the DSC holder bidding on-line then no
4. Certificate (DSC) document is required.
[Ref.Cl.No.8.1(G) of b. However, if the DSC holder is bidding online on behalf of the bidder,
e-Tender Notice] then, the Power of Attorney or any sort of legally accepted document
for the authority to bid on behalf of the
Bidder.

5. Local Supplier Status of a. If the estimated value of Procurement is less than Rs. 10crores, all
Bidder the Bidders at the time of bidding shall submit self-certification
[Ref.Cl.No.8.1(I) of e- indicating the percentage of local content in the offered items in
Tender Notice] Undertaking as per format.

b. If the estimated value of Procurement is more than Rs. 10 crores,

All the Bidders shall submit along with its bid a certificate from the
statutory auditor or cost auditor of the company (in case of
companies) or from a practicing cost accountant or practicing
chartered account (in respect of suppliers other than companies)
giving the percentage of local content.

It should be as per the prescribed format as per Annexure-XA.

6. Undertaking & Consent (A) Proforma for undertaking to be uploaded by bidder/s (on their letter
for Arbitration Clause head) regarding relatives as employees of company, arbitration clause (in
case of partnership firm/JV/consortium) etc., as per annexure-x

(B) Written consent for arbitration clause in the prescribed format as per
Annexure-XV (Applicable for Partnership Firm & Joint Venture only)
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.

20
 Note: Copies of all documentary evidences are to be duly authenticated by the tenderers/ constituted
attorney of the tenderer with full signature and seal. All signed declarations are to be made in the
tenderer’s letter head.

9. General Instructions for Submission of Bid (As per e-Procurement Guidelines):

a. All the bids are to be submitted online on e-procurement portal of CIL. No bid shall be accepted
offline.

b. In order to submit the Bid, the Bidders have to get themselves registered online on the e-
Procurement portal of CIL with valid Digital Signature Certificate (DSC) issued from any agency
authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be traced
up to the chain of trust to the Root Certificate of CCA. The online Registration of the Bidders on
the portal will be free of cost and one-time activity only. The registration should be in the name of
Bidder, whereas DSC holder may be either Bidder himself or his duly authorized person. The
Bidder is one whose name will appear as Bidder in the e-Procurement Portal.

c. 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.

d. Letter of Bid: The Letter of Bid addressed to the Tender Inviting Authority (TIA) will be given in
Tender document containing name of the work, NIT No., Tender ID. This will be the covering
letter of the Bidder for his submitted bid. The Bidders have to accept unconditionally the Letter of
Bid in GTE (General Technical Evaluation) at the time of bid submission. This online acceptance
during bidding through GTE shall be construed as submission of LOB by bidder.

e. Confirmatory Documents:
All the Confirmatory documents as enlisted in the NIT in support of online information furnished
by the Bidder are to be uploaded in Cover-I by the Bidder while submitting the bid online.

f. Price Bid (in Cover-II):

The Price bid containing the Bill of Quantity will be in Excel format (password protected) and will
be uploaded during tender creation. This will be downloaded by the Bidder and he will quote the
rates for all items on this Excel file. Thereafter, the Bidder will upload the same Excel file during
bid submission in Cover-II. The Price-bid will be in Item Rate/Percentage Rate BOQ format and the
Bidder will have to quote for all the tendered items. The Price-bids of the Bidders will have no
condition. The Price Bid which is incomplete and not submitted as per instruction given above will
be rejected. Any alteration/modification in the Excel format may lead to rejection of bid.

10. Valid Electrical License:

The contractor will have to submit valid H.T. Electrical Contractor’s license issued by the electrical
licensing board of state of execution or electrical contractor’s license issued by any Indian state
duly recognized/endorsed by electrical licensing board of state of execution, before execution of
agreement.
11. Validity Period of Offer
The rates offered in Part II (Price Bid) should be valid for 180 days after the last date of submission
of Bid.

12. Opening of Technical Bid:

12.1 Opening of Technical bid: The Technical bid (Part-I/Cover-I) will be opened one day after the
Bid submission end date or next working day whichever is later. Technical bid (Part-I/ Cover-I)

21
 will be decrypted and opened online by the “Bid Openers” with their Digital Signature Certificates
on the prescheduled date & time of Tender Opening.
12.2 The e-Procurement System will evaluate the Technical bids automatically on the basis of relevant
data provided by bidder through a form in an objective and structured manner while submitting
bid. If the parameter given by bidder in objective and structured manner does not confirm to
required eligibility criteria as specified in the tender document, then the bid will be rejected.
12.3. All the documents uploaded by bidder(s) including i.e. Letter of Bid & EMD exemption
documents (if any) and the Evaluation sheets generated by the system online shall be downloaded
after opening of Technical bid (Part-I/ Cover-I). After decryption and opening of Technical bid
(Part-I/ Cover-I) the “technical bid opening summary” will be uploaded on the same day.
13. Technical Evaluation of Tender:
i. After opening of Technical bid, the documents submitted by bidder(s) 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 bidder(s) online. If it confirms to all of the information/ declarations furnished
by the bidder online and does not change the eligibility status of the bidder then the bidder will
be considered eligible for opening of price bid.

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

iii. It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the required
documents as mentioned above.

iv. The tender will be evaluated on the basis of documents uploaded by bidder(s) on line. The
bidder(s) is/are not required to submit hard copy of any document through off line mode. Any
document submitted off line will not be given any cognizance in the evaluation of tender.

v. In case the bidder(s) submit(s) requisite documents online as per NIT, then the bidder(s) will be
considered eligible for opening of Price Bid.
vi. Seeking clarification shall be restricted to confirmation of submitted document/online
information only and it should be only for one time for a period of up to 7 days. The
clarification shall be taken in online mode in the e- Procurement portal of CIL only.

vii. In case bidder(s) fails to confirm the online submitted information(s)/ declaration(s) by the
submitted documents as (B) above, their/his bid shall be rejected; however, if the confirmatory
documents do not change eligibility status of the bidder in connection his submitted online
information(s)/declaration(s), then his/their bid will be accepted for opening of Price Bid.

viii. After Technical evaluation of tender, “Technical Evaluation Summary” will be uploaded by the
evaluator and price bid shall be opened on preschedule date and time mentioned in the NIT
online in the e- Procurement portal of CIL. However, in case there is any extension of date and
time of price bid opening, it shall be notified online and price bid shall be opened online on e-
Procurement portal of CIL at rescheduled date and time.

22
 ix. In case none of the bidder(s) complies the technical eligibility criteria as per NIT, then bidder(s)
will be rejected online and re-tender (if required) will be done (with the same or different
quantity, as per the instant requirement)

x. Preference to Make in India (as applicable) vide Order No. P45021/2/2017-PP (BE-II)
(Annexure-II) issued by Govt. of India as amended from time to time shall be applicable.
Accordingly, provisions of these guidelines are to be modified suitably.

14. Price Bid Opening and Award of Work:

A. The Tender Committee will recommend for award of work to the successful bidder after evaluation
of the reasonableness of L-1 rates. The reasonableness of rates will be evaluated as per the
provisions of Manual of CIL and other guidelines issued from time to time.
The approval for award of work to L-1 bidder will be accorded by the competent authority as per
Delegation of Power based on the TC recommendation.
B. After competent approval and financial concurrence of TCR, the work order to the L-1 bidder will be
issued and the scanned copy of the Work Order will be uploaded on the e-Procurement portal and
simultaneously the original copy will be sent to the bidder through registered/speed post.
C. Any tender hosted on the e-Procurement site must be logically concluded i.e. either Award of work
is issued at AOC page on e-Procurement portal in online mode or the tender is cancelled/ retendered
online through corrigendum.
D. If L1 bidder backs out (i.e. Techno commercially established L1 bidder), the EMD will be forfeited
and the bidder will be debarred for minimum one (1) year from participating in tenders in ECL.

E. The tenderer shall closely study all specifications in detail, which govern the rates for which he is
tendering. However, banning shall be done as per Guidelines for Banning Business.

15. Net Electrical Energy Generation Guarantee (NEEGG)

The Bidder shall meet Net Electrical Energy Generation Guarantee (NEEGG) per annum at the
feeding substation as tabulated below, after considering proposed configuration and all local
conditions, solar insolation, wind speed and direction, air temperature & relative humidity,
barometric pressure, rainfall, sunshine duration and due to LID loss, near & far shading loss,
incidence angle modifier (IAM) loss, irradiance level loss, temperature loss, array loss, module
quality loss, module array mismatch loss, soiling loss, cabling losses, inverter losses, IDT loss, HV
transformer losses, 33 KV line losses and other misc. losses etc.
Bidders are expected to undertake their own study of solar profile and other related parameters of
the area and make sound commercial judgment about power output i.e. Net Electrical Energy
Guaranteed Generation.
Year wise minimum annual NEEGG during O&M period shall be as follows:

Sl. No. Year Value (in kWh)

1. Minimum NEEGG for 1st Year
86,19,600
2. Minimum NEEGG for 2nd Year
85,59,300
3. Minimum NEEGG for 3rd Year
84,99,400
4. Minimum NEEGG for 4th Year
84,39,900
5. Minimum NEEGG for 5th Year
83,80,800

If the Bidder anticipates any degradation in NEEGG (as tabulated above), it shall be taken
care of by the Bidder at no additional cost to the company, to meet guaranteed generation to
avoid liquidated damages/compensation/penalty on account of non-fulfilment of Net
Electrical Energy Generation Guarantee (NEEGG) per annum as mentioned in the above
table.

23
16. Evaluation Criteria for Price Bid:

System for decision of L1 bidder

The Price bid containing the Bill of Quantity will be in Excel format (password protected) and will
be uploaded during tender creation. This will be downloaded by the Bidder and he will quote the
rates for all items on this Excel file. Thereafter, the Bidder will upload the same Excel file during
bid submission in Cover-II. The Price-bid will be in Item Rate BOQ format and the Bidder will
have to quote for all the tendered items and the L-1 will be decided on overall quoted value
i.e. for the entire 5 MW Floating Solar PV Plant Capacity. The Price-bids of the Bidders will
have no condition. The Price Bid which is incomplete and not submitted as per instruction given
above will be rejected. Any alteration/modification in the Excel format may lead to rejection of bid.

17. The Company is not under any obligation to accept the lowest Bid/Bids and reserves the right to
reject any or all the Bids without assigning any reason whatsoever, and also to distribute the work
and allot the work/works to more than one Bidder or accept the tender in part and not in its entirety,
at its sole discretion.

18. The Company reserves the right to extend the date of submission and opening of bid or to cancel the
bid without assigning any reason whatsoever.
Any addendum/corrigendum/date extension etc. in respect of above tender shall be issued on our
website www.coalindiatenders.nic.in only. No separate notification shall be issued in the press.
Bidders are therefore requested to visit our website regularly to keep themselves updated.

19. A) User portal agreement of e-Procurement portal shall be made a part of Contract
document.
B) The provisions regarding notification of award, formation of agreement, acceptance/rejection
of Bid, cancellation/award with respect to the Tender etc. shall be the Part of NIT.

20. The Bidder is required to sign the pre-contract integrity pact as per Annexure IX given in the Bid.
(Applicable on Estimated cost of 05 Crores and above).

Name, address and contact No. of the Independent External Monitors (IEM) for ECLnominated
for this tender:

Sr. No. Name of IEM Address E-mail ID

Shri V. N. Gaur, 45. Panchsheel Judges Society, [email protected]
1 IAS (Retd) Pocket 7, Builders Area, Greater
Noida, Gautam Buddha Nagar -201315
Sri S Srinivasan, Flat No. D 5-107, Block No. 5. V [email protected]
2 IAS (Retd) Floor, Kendriya Vihar, B. B. Road
(Bangalore – Bellary Road),
Yelahanka, Bangalore - 560064

Sd/-
General Manager
(E&M)/HOD
ECL, West Bengal

24
 Section-II

INSTRUCTIONS TO BIDDERS

25
 Section-II
INSTRUCTIONS TO BIDDERS

1. Scope of Tenderer:

1.1 Eastern Coalfields Limited, Pashchim Bardhaman, West Bengal, India (referred to as Employer
in these documents) invites bids for the work(s) on Turnkey basis as mentioned in the Bid
Notice. The Bidders should submit Bids for all the works mentioned in the Notice.

1.2 The successful Bidder will be expected to complete the Work(s) by the Intended Completion
period specified in the Bid document/Notice.

1.3 The total scope of supply and works & services shall be split into two contracts- one covering
the supply part and the other covering the works & services part. Both contracts will contain a
cross fall breach clause specifying the breach of any one contract will also constitute breach of
the other contract and the whole contract combined.

2. Eligible Tenderers:

2.1 The Invitation for Bid(s) is open to all Bidders including an individual, proprietorship firm,
partnership firm, company registered under Companies Act, any legal entity or JV/Consortium.
The bidders shall be eligible to participate only if they fulfill the qualifying criteria laid down
separately hereinafter.

2.2 A firm that has been engaged by the Employer to provide consulting services for the
preparation or supervision of the Works shall not be eligible to Bid.

2.3 Joint Venture (JV)/ Consortium: Two or three companies/ contractors may jointly undertake
contract/contracts. Each entity will be jointly and severally responsible for completing the task
as per the contract.
JV/Consortium details:
Name of all Members of a JV/CONSORTIUM (not more than 3):
i. Lead Member (minimum participation share – 50%)
ii. Member (minimum participation share – 20%)
iii. Member (minimum participation share – 20%)
JV/Consortium must comply the following requirements:
i. The qualifying criteria parameter e.g. experience, financial resources (of the relevant
period) and the equipment/fleet strength of the individual member of the
JV/CONSORTIUM will be added together and the total criteria should not be less than
as spelt out in qualifying/eligibility criteria as specified in e-tender Notice. However, the
required Working Capital shall be met by individual members of JV/CONSORTIUM as
spelt out in the relevant Clause.

ii. The formation of JV/CONSORTIUM or change in the JV/CONSORTIUM character/

members after submission of the bid and any change in the bidding regarding
JV/CONSORTIUM will not be permitted.

iii. The bid, and in case of a successful bid - the agreement, shall be signed so as to
legally bind all members jointly and severally and any bid shall be submitted with a copy
of the JV/CONSORTIUM Agreement providing the joint and several liabilities with
respect to the contract.

26
iv. The pre-qualification of a JV/CONSORTIUM does not necessarily pre-qualify any of its
member individually or as a member in any other JV/CONSORTIUM. In case of
dissolution of a JV/CONSORTIUM, each one of the constituent firms may pre-qualify if
they meet all the pre-qualification requirements, subject to written approval of the employer.

v. The bid submission must include documentary evidence to the relationship between
JV/CONSORTIUM members in the form of JV/CONSORTIUM Agreement to legally bind
all partners jointly and severally for the proposed agreement which should set out the
principles for the constitution, operation, responsibilities regarding work and financial
arrangements, participation (percentage share in the total) and liabilities (joint and several)
in respect of each and all of the firms in the JV/CONSORTIUM. Such JV/CONSORTIUM
Agreement must evidence the commitment of the parties to bid for the facilities applied
for (if pre-qualified) and to execute the contract for the facilities if their bid is successful.

vi. One of the members shall be nominated as ‘In-charge’ of the contract and shall be
designated as Lead Partner. This authorization shall be evidenced by submitting with the bid
a Power of Attorney signed by legally authorized signatories of all the members.

vii. The JV/CONSORTIUM must provide that the Lead Member shall be authorized to incur
liabilities and receive instructions for and on behalf of any and all members of the
JV/CONSORTIUM and the entire execution of the contract shall be done with active
participation of the Lead Member.

viii. The contract agreement should be signed by each JV/CONSORTIUM members.

Subsequent declarations/letters/documents shall be signed by lead member authorized to
sign on behalf of the JV/CONSORTIUM or authorized signatory on behalf of
JV/CONSORTIUM.

ix. The bid should be signed/digitally signed by the DSC holder submitting the Bid.

x. An entity can be a member in only one JV/CONSORTIUM. Bid submitted by

JV/CONSORTIUM including the same entity as member will be rejected.

xi. The JV/CONSORTIUM agreement may specify the share of each individual member for
the purpose of execution of this contract. This is required only for the sole purpose of
apportioning the value of the contract to that extent to individual member for subsequent
submission in other bids if he intends to do so for the purpose of the qualification in that Bid.

xii. The JV/CONSORTIUM agreement must specifically state that it is valid for the project for
which bidding is done. If JV/CONSORTIUM breaks up midway before award of work and
during bid validity period bid will be rejected.

If JV/CONSORTIUM breaks up midway before award of work and during bid validity/after
award of work/during pendency of contract, in addition to normal penalties as per provision
of bid document, all the members of the JV/CONSORTIUM shall be debarred from
participating in future bids for a minimum period of 12 months.

xiii. JV/CONSORTIUM agreement shall be registered in accordance with law so as to be

legally valid and binding on the members before making any payment.

Note: If the work is awarded to a JV/CONSORTIUM firm, they will register the
JV/CONSORTIUM agreement under Registration Act in accordance with law.

27
 xiv. JV/CONSORTIUM shall open a bank account in the name of JV/CONSORTIUM and
all payments due to the JV/CONSORTIUM shall be credited by employer to that account
only. To facilitate statutory deductions all statutory documents like PAN, GST registration
etc. shall be submitted by JV/CONSORTIUM before making any payment.
xv. The JV/CONSORTIUM must enroll in the e-Procurement portal with the name of the firm
as appearing in the JV/CONSORTIUM agreement.

2.5 Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) issued
by Govt. of India as amended from time to time shall be applicable. The Company reserves its
right to allow Public Enterprises purchase preference facility as admissible under prevailing
policy.

2.6 No sub-letting of the work as a whole by the contractor is permissible. Prior permission is
required to be taken from the principle employer for engagement of sub-contractors.

3. Qualification of the Bidder:

3.1 All bidders shall provide in Part-1- Forms of Bid and Qualification Information, contractors bid
and undertaking and in Part-II - a preliminary description of the proposed work method and
schedule, including drawings and charts, as necessary.
3.2 In the event that prequalification of potential bidders has been undertaken, only Bids from pre-
qualified bidders will be considered for award of Contract.
3.3 If the employer has not undertaken pre-qualification of potential bidders, all bidders shall
include the following information and documents with their bids as mentioned herein below in
clause 3.4.
(copies of all documentary evidences are to be duly authenticated by the tenderers/ constituted
attorney of the tenderer with full signature and seal. All signed declarations are to be made in
the tenderer’s letter head.)

3.4 To qualify for award of the contract –

A. Work Experience: The intending tenderer must have in its name experience of having
successfully completed similar works during last 7 (Seven) years ending last day of month
previous to the one in which bid applications are invited i.e. e-publication date on procurement
portal should be any of the following.

i) Three similar completed works each costing not less than the amount equal to 20%
ofthe estimated cost put to tender.
Or
ii) Two similar completed works each costing not less than the amount equal to 25%
ofthe estimated cost put to tender.
Or
iii) One similar completed work costing not less than the amount equal to 40% of the estimated cost
put to tender.

Definition of Similar Nature of Work:

The definition of similar works shall be work related to design, supply, installation, commissioning
and testing of Solar Photo Voltaic (SPV) grid connected power plant(s). The SPV plant shall be any
or all of the following installations:
a. Ground Mounted SPV
b. Roof-top SPV
c. Floating SPV

28
 Note:
1). The experience towards overseas jobs, if submitted, should be vetted/endorsed by the
relevant* embassy/high commission concerned, towards authenticity of document in English
or translated in English language.
(*Relevant embassy/High Commission means the embassy/High Commission in India of the
country where the bidder has executed the said work or country of origin of the bidder OR the
Indian embassy in the country where bidder has executed the work or country of origin of the
bidder.)

2) JV/Consortium, shall be allowed for participation in the bid with estimated cost Above Rs.
5.0 Crores.

The above qualification criteria shall be fulfilled by JV/CONSORTIUM in the following manner.

The qualifying criteria parameter e.g. experience of the individual partners of the
JV/CONSORTIUM will be added together as deliberated hereinafter towards fulfillment of
qualification criteria related to experience.

a) In case of completion of single work of similar nature costing, not less than the
amount equal to 40% of the estimated cost put to tender: -
Any of the JV/CONSORTIUM partner shall have the experience of having completed
successfully a single work of similar nature equal to 40% of the estimated cost put to tender.

OR

b) In case of completion of two works of similar nature each costing not less than the
amountequal to 25% of the estimated cost put to tender: -
i) Any one partner can match the above requirement.
OR

ii) At least two partners should each have completed at least one work of similar
natureeach costing not less than the amount equal to 25% of the
estimated cost put to tender.
OR

c) In case of completion of three works of similar nature, each costing not less than the
amountequal 20% of the estimated cost put to tender: -
i) Any one partner can match the above requirement.
OR

ii) Any two partners shall match the above requirement through completion of at
least two work by one partner and one work by other
partner of similar nature each costing not less than the amount equal 20% of the
estimated cost put to tender: -
OR

iii) All the three partners shall match the above requirement through completion of at least one
work of similar nature each costing not less than the amount equal 20% of the estimated cost put to
tender.

29
 Experience for those works only shall be considered for evaluation purposes, which match
eligibility requirement stipulated above, on or before the last day of month previous to one in
which tender has been invited (publication date of NIT). The experience of incomplete/ongoing
works as on last date of eligibility period will not be considered for evaluation. If the referred work
includes construction, operation as well as maintenance after construction, the experience of such
work may be considered as ‘acceptable’ if the construction part is completed as on the last date of
‘eligibility period’, even if operation/maintenance work is ongoing, and the certificate issued
clearly stipulates the same.

Completion of works means completion of works by undertaking entire responsibility from design,
Supply, Installation, Construction and Commissioning.
In all the above cases, while considering the value of completed works, the full value of completed
work be considered whether or not the date of commencement is within the said seven years’
period.

Cost of previous completed work(s) shall be given a simple weightage of 7% per year to bring
them at current price level, while evaluating the qualification requirement of the bidder. Such
weightage shall be considered after end date of completion. The year can be considered as suitable
consecutive 365 days till the last day of month previous to one in which bid has been invited.
Updating will be considered for full or part of the year (total no. of days / 365) i.e. considering 365
days in a year, till the last day of month previous to one in which bid has been invited.
Data to be furnished by the Bidders:
i. Start date & end date of each qualifying experience (similar nature)
ii. Work order Number /Agreement Number of each experience
iii. Name & address of Employer/Work Order Issuing authority of each experience
iv. Percentage (%) share of each experience (In case the experience has been earned by the bidder as
a partner in a JV/Consortium firm/partnership firm then the proportionate value of experience in
proportion to actual share of bidder in that JV/Consortium firm/ partnership firm will be considered
against eligibility else it shall be taken as 100%).
v. Executed Value of work against each experience
vi. In case the bidder is a JV/Consortium, work experience as above may be furnished as the work
experience of the bidder.
Note:
Till the time of changes in the e-procurement portal regarding weightage from 5% to 7% is configured
in the portal, the 5% weightage shall be considered for work experience for floating of tender on NIC
portal.

B. Financial Turnover:
Average annual financial turnover during the last 3(three) years, ending 31st March of 2024 financial
year should be at least 30% of the estimated cost put to tender.
The intending bidders must submit the Financial Turnover certificate (with UDIN No.) issued by a
Practicing Chartered Accountant having a membership number with Institute of Chartered
Accountants of India, containing the information as furnished by bidder online.
The foreign partner(s) should submit Financial Turnover certificate based on IFRS (International
Financial Reporting Standards) accounting standard certified by a local practicing public
accountant/audit firm duly vetted/endorsed by the relevant *Embassy/High Commission concerned,
towards authenticity of document.
(*Relevant embassy/High Commission means the embassy/High Commission in India of the country
where the bidder has obtained Turnover certificate or country of origin of the bidder OR the Indian
embassy in the country where the bidder has obtained Turnover certificate or country of origin of the
bidder.)
Note:
i) Financial turnover shall be given a simple weightage of 7% per year to bring them at current price
level, while evaluating the qualification requirement of the bidder. Such weightage shall be
considered from the end date of financial year. Updating will be considered for full or part of the
year (total no. of days / 365) i.e. considering 365 days in a year, till the last day of month previous

30
 to one in which bid has been invited.
JV/Consortium shall meet the above eligibility requirement, in the following manner:
The qualifying criteria parameter e.g. financial resources of the individual partners of the
JV/CONSORTIUM will be added together, for the relevant financial year, and the total should not
be less than as spelt out above. This is applicable for 3.4(C) also.

Note:
Till the time of changes in the e-procurement portal regarding weightage from 5% to 7% is
configured in the portal, the 5% weightage shall be considered for Financial Turnover for floating of
tender on NIC portal.

In respect of the above eligibility criteria the bidders are required to furnish the following
information on-line:
i) Annual turnover of each of the last 3 (three) years ending 31st March of the previous
financial year.

ii) Name of the Chartered Accountant issuing the Profit and Loss A/c or the Turnover
certificate.

iii) Membership Number of the Chartered Accountant.

iv) Date of certificate issued by Chartered Accountant.

Note:
a. In case the bidder is a JV/Consortium, the turnover of the individual partners of the
JV/CONSORTIUM will be added together for each financial year and is to be furnished as
the turnover of the bidder for that particular financial year. However, the information
against Sl. No. (ii) & (iii) above will be given w.r.t. the lead partner of
JV/CONSORTIUM only.
b. In case of JV/CONSORTIUM, if financial turnover of all the partners is not submitted;
the JV/CONSORTIUM will not be disqualified and instead the required turnover will be
calculated assuming zero value for partner/partners who has/have not submitted the
financial turn over certificate.

Special Note:

Confirmation regarding possessing of Financial Turnover issued by Practicing Chartered Accountant

in the form of Yes / No.
Scanned copy of documents to be uploaded by bidders: Financial Turnover certificate
having a Unique Document Identification Number (UDIN) with Institute of Chartered
Accountants of India.

C. Working Capital:
The Bidder must submit the Certificate 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, issued by a Practicing Chartered Accountant having a
Membership Number with Institute of Chartered Accountants of India. Such Certificate should contain the
Unique Document Identification Number (UDIN). The bidder should possess the Working Capital issued within
three months prior to the date of opening of tender.

In case, access to lines of credit constitutes the availability of Working Capital, Banker’s Certificate (Scheduled
Commercial Bank) shall also be submitted regarding availability of access to credit (issued within three months
prior to the date of opening of tender) to meet the above eligibility criteria.
For foreign Partner(s), Banker’s Certificate regarding availability of access to credit (issued within three months
prior to the date of opening of tender) should be duly vetted/endorsed by the relevant Embassy/High

31
 Commission concerned, towards authenticity of document. Relevant Embassy/High Commission means the
Embassy/High Commission in India of the Country where the bidder has obtained Banker’s Certificate or
Country of origin of the bidder).

Note: In case of tender of more than one-year period of construction of plant including trial run and performance
guarantee test, the annualized value to be worked out as under:

(vii) Estimated cost of the work (including GST) put to tender.

(viiA
i)nnualized value = X 365 days
Period of construction of plant including trial run and performance
guarantee test in days.

In case of JV/CONSORTIUM, the requirement of Working Capital under this clause shall be met as per
(ix) following proportion:
c. The lead member shall have to possess at least 50% share in the required Working Capital in
order to qualify in this tender.
d. All other members shall have to possess at least 25% share in the required Working Capital, in
order to qualify in this tender.

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

Working Capital issued by a Practicing Chartered Accountant having a membership number with Institute of Chartered
Accountants of India containing the information as furnished by Bidder on- line with UDIN.

Note: A sample checklist for working capital certificate has been enclosed below.

SAMPLE CHECKLIST OF WORKING CAPITAL CERITIFICATE

THIS IS A SAMPLE CHECKLIST FOR WORKING CAPITAL CERTIFICATE. (FOR REFERENCE
PURPOSE ONLY).
The Working Capital Certificate issued by CA should contain the following
important parameters in line with the information furnished by the bidder online:

1. Name of Bidder:
2. Amount of Available Working Capital inclusive of lines of credit and availability of other financial
resources:

SI Particulars Value in
No Rs.
(1) (2) (3)
1 Current Asset (CA)
2 Current Liability (CL)
3 Working Capital (1-2)
4 Access to lines of credit and availability of other financial resources
5 Working Capital inclusive of Access to lines of credit and availability of
other financial resources (3+4)

Note: For eligibility Amount should be at least 20% of the Annualized value or estimated value whichever is less.
3. Date on which bidder possess working capital: (Should be within 3 months prior to the date of
opening of tender).
4. Name of Chartered Accountant (CA) with Membership No.:
5. Date of issue of Certificate: (Should be within 3 months prior to the date of opening of tender).
6. Certificate should be issued by Practicing CA (having Membership No.) containing UDIN No.
Note:
1. Access to line of Credit and availability of other financial resources shall imply the Net availability of
Funds* towards Working Capital, as on the date on which bidder possesses working capital.

* The net availability of funds is the availability of unutilized fund.

32
D. Permanent Account Number: The bidder should submit a Permanent Account Number
(PAN) issued by Income Tax Department.
In case of JV/CONSORTIUM, PAN card for each Indian partner of JV/CONSORTIUM and
Verifiable Tax Residency Certificate of respective country for each foreign partner or
JV/CONSORTIUM itself.

E. Goods and Services Tax (Not Applicable for Exempted Services)

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

In respect of the above eligibility criteria the bidder is required to furnish the following information
online:
i). Confirmation in the form of Yes/No regarding possessing of required document as
enlistedin NIT with respect to GST status of the bidder.
Scanned copy of documents to be uploaded by bidder(s) in Bidder space/ My Document.
GSTRegistration Certificate of the bidder.
Note:

i) In case of JV/CONSORTIUM, Bidder should submit scanned copy of GST status of Lead
Partner only or GST Registration Certificate of JV/CONSORTIUM itself.
ii) In case the work/service is awarded to a JV/Consortium participating in the tender they have
to submit PAN, GST registration (as applicable in the tender and for the bidder status) etc. in
the name of the JV/Consortium after Award of Work/Service before the payment of first
running on account bill.
iii) If turnover of bidder exceeds exemption/threshold limit, the bidder must have GST
registration as per GST Act and rules.
iv) During the execution of the contract if the GST status of the bidder changes, then the
payment of GST, if any, to the contractor will be made as per the GST status declared by the
bidder during tender stage based on which cost to company has been ascertained or at actuals,
whichever is lower.
Scanned copy of documents to be uploaded by bidder(s) in support of information / declaration
furnished online by the bidder against Eligibility Criteria as Confirmatory Document

3.5 If the bidder is a subsidiary of a company, the experience and resources of the holding company or
its other subsidiaries will not be taken into account. However, if the bidder is a holding company,
the experience and resources of its wholly owned subsidiaries will be taken into consideration.

3.6 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:

a) Made misleading or false representations in the forms, statements and attachment s

submittedin proof of the qualification requirements; and/or.
b. record of poor performance such as abandoning the works, not properly completing the
contract,inordinate delays in completion, litigation history, or financial failures etc.

4. One Bid Per Bidder:

Each Bidder shall submit only one Bid, either individually, or as a proprietor, or as a partner in a
partnership firm or as a partner in a JV/Consortium or as a Company registered under Companies

33
 Act. A Bidder who submits or participates in more than one Bid (other than asa 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.

5. Cost of Bidding:
The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the
Employer will in no case be responsible or liable for those costs.

6. Site Visit:
6.1 The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit and examine
the Site of Works and its surroundings, approach road, soil condition, investigation report,
existing works, if any, connected to the tendered work, drawings connected to the work, if / as
available and obtain all information that may be necessary for preparing the Bid and entering
into a contract for execution of the Works. The costs of visiting the Site shall be at the Bidder's
own expense.

6.2 It shall be deemed that the Bidder has visited the site/area and got fully acquainted with the
working conditions and other prevalent conditions and fluctuations thereto whether he actually
visits the site/area or not and has taken all the factors into account while quoting his rates.

6.3 The bidder is expected, before quoting his rate, to go through the requirement of
materials / workmanship, specification, requirements and conditions of contract.
6.4 The bidder, in preparing the bid, shall rely on the site investigation report referred to in the bid
document (if available), supplemented by any information available to the bidder.

7. Content of Bidding Documents:

The set of bidding documents comprises the documents (all or as available/applicable) listed in
below:

Section 1 Notice Inviting Tender

Section 2 Instructions to Bidders.

Section 3 Forms of Bid, Qualification Information, Contractors Bid and undertaking;

Section 4 Conditions of Contract;
Section 5 Specifications;
Section 6 Tender Drawings;

Section 7 Scope of work/procedure and form of bidding the price including weight and volume
of major components of work

Section 8 Forms of Securities, Forms of Bank Guarantees and form of Article of

Agreement.
Section 9 Pre-contract Integrity pact (if applicable)

8. Clarification of Bidding Documents:

8.1 Pre-Notice Inviting Tender (NIT) Conference: In complex and innovative procurement cases or
where the procuring entity may not have the required knowledge to formulate tender provisions,
a pre-NIT conference may help the procuring entity in obtaining inputs from the industry. Such
conferences should be widely publicized so that different potential suppliers can attend.
For a successful pre-NIT Discussion, a provisional set of Bid documents, covering all aspects of
Scope of work, eligibility-criteria (if any), technical parameters (If any) and conditions of
contract be prepared and hosted in the web-site.
The provisional bid document shall cover a notice for pre-NIT discussion on a suitable date. The
notice shall request participation of interested bidders and offer comments/ suggestion for
34
 incorporation in the final document.
Such comments / suggestions (on any/all aspect of the document) may be suitably incorporated,
if found necessary, and final bid document be drafted. This final draft, after due approval shall
bethe final bid document. Bids be invited thereafter as per standard practice

8.2 Pre-bid meeting: In case of turnkey contract(s) or contract(s) of special nature for procurement of
sophisticated and costly work/ services/ equipment or wherever felt necessary, a suitable
provision is to be kept in the bidding documents for inviting the bidders or their official
representatives to attend one or more pre-bid conference at a specified place and time, for
clarifying issues and clearing doubts, if any, about the specifications/ Terms of Reference and
other allied technical/ commercial details of the work, services, plant, equipment and machinery
etc.
Bidders should be asked to submit written queries in advance of the conference. After the
conference, Minutes of the pre-bid meeting including all the questions and replies shall be
prepared and approved by the tender inviting authority. In order to bring clarityto replies, all
questions/ answers and needed amendments should be merged in the sequence of clauses in
the bidding document. It is a good practice to consolidate all queries received either as part of
pre-bid meeting or just after issuing bidding documents and deal with in a comprehensive way.
Minutes of the meeting, including the text of the questions raised and the responses given, shall
be uploaded in the portal. The techno-commercial requirements may be revised if considered
necessary by way of issue of a formal corrigendum (mere minutes of the meeting of pre-bid
conference would not suffice) and uploaded in the portal. These pre-bid minutes shall be
published along with the bid documents on the appropriate website including CPPP.
Any significant change in condition necessitated from Pre-Bid meeting shall require approval of
respective FDs and subsequently, Document download date, Bid submission end date and bid
opening date shall be shifted to a date 15 days beyond the date on which changed condition is
uploaded. The seek clarification end date shall be adjusted as per e-Procurement Manual for
works and services of CIL.
Notice inviting authority may decide to incorporate pre-bid meeting in the bid-notice. Non-
attendance in the pre-bid meeting will not be a cause for disqualification of the bidder. Relevant
issues raised and clarification given may be hosted in the web-site without disclosing the name of
the bidder.
Pre-bid meeting may take place, if required, after publication of Tender but in any case, at least 1
(one) day before the start date of Bid submission. If a Pre-Bid meeting is held then the minutes of
the Pre-Bid meeting shall be uploaded on the Portal, before start date of bid submission which
can be viewed by all interested bidders
For procurement of highly technological and complex works, tender submission dates may be
extended by the CIL/Subsidiaries in order to reply queries in the pre-bid meetings or any other
justifiable reason.

8.3 Online clarification: The Bidder may seek clarification online within the specified period. The
identity of the Bidder will not be disclosed by the system. The department will clarify as far as
possible the relevant queries of Bidders. The clarifications given by department will be visible to
all the Bidders intending to participate in that tender. The clarifications may be asked from the
day of e-Publication of NIT. The period for seeking clarification by Bidder will be up to 7
(seven) days before the end date of bid submission. The replies to clarifications sought by
Bidders should be given by the department at least 2 (two) days before the end date of bid
submission.
In exceptional cases where a large number of queries from Bidders are expected, the period for
seeking clarification may be kept maximum upto 15 (fifteen) days before the end date of bid
submission, but the minimum period given to the Bidders for seeking clarification should not be
less than 10 (ten) days in such cases.
The Tender Inviting Authority will be responsible for replying/responding to the clarifications
online within the prescribed time frame. However, if the Tender Inviting Authority feels that the
query is of such a nature that advice of tender committee or any other authority is required to
give clarification, he may do so to reply the queries within the prescribed time limit. The
queries of Bidders clarified online and also unanswered queries of Bidders shall be referred in
the TCR.
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9. Amendment of Bidding Documents:

9.1 Before the deadline for submission of Bids, the Employer may modify the bidding documents by
issuing addenda.

9.2 Any addendum thus issued shall be a part of the bidding document and shall be displayed in the
website.

9.3 To give prospective Bidders reasonable time in which to take an addendum into account in
preparing their Bids, the Employer may extend, as necessary, the deadline for submission of Bids
in accordance with Sub-clause 17.2 below.

10. Language of Bid:

All documents relating to the Bid shall be in the English language.

11. Bid Prices:

11.1 The bidder shall closely study all specification in detail and scope of work which govern the
rates he is quoting. The contract shall be for the whole Works as described in Sub- Clause 1.1,
based on the scope of work as detailed in the bidding document.
11.2 The Bidder shall submit rates and prices for all items of the Works described in the scope of
works.
11.3 All duties, taxes excluding Goods and Services Tax (GST) & GST Compensation Cess (if
applicable) only and other levies payable by the Bidder/Contractor under the Contract, or for
any other cause as applicable on the last date of submission of Bid, shall be included in the rates,
prices and the total Bid Price submitted by the Bidder. Applicable GST, either payable by
Bidder or by Company under reverse charge mechanism shall be computed by system in BOQ
sheet as per pre-defined logic.
All investments, operating expenses, incidentals, overheads, leads, lifts, carriages etc. as may be
attendant upon execution and completion of works shall also be included in the rates, prices and
total Bid price submitted by the Bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid
and/or any increase over the rate existing on the last date of submission of Bid shall be reimbursed
by the Company on production of documentary evidence in support of payment actually made to
the concerned authorities.

Similarly, if there is any decrease in such duties, taxes and levies the same shall become
recoverable from the Contractor.
11.4 The item wise rate quoted by Bidder shall be inclusive of all taxes, duties & levies but excluding
GST & GST Compensation Cess, if applicable. The payment of GST and GST Compensation
Cess by service availer (i.e. CIL/Subsidiary) to Bidder/Contractor (if GST payable by
Bidder/Contractor) would be made only on the latter submitting a Bill/invoice in accordance with
the provision of relevant GST Act and the rules made thereunder and after online filing of valid
return on GST portal. Payment of GST & GST Compensation Cess is responsibility of
Bidder/Contractor.
However, in case Contractor is GST unregistered Bidder/dealer or GST registered under
composition scheme in compliance with GST rules, the Bidder/dealer shall not charge any GST
and/or GST Compensation Cess on bill/invoice. In case of unregistered dealer/Bidder, GST, if
applicable will be deposited by CIL/Subsidiary directly to concerned authorities in terms with
GST provisions.

Input tax credit is to be availed by CIL/Subsidiary as per rule.

If CIL/Subsidiary fails to claim Input Tax Credit (ITC) on eligible Inputs, input services and
Capital Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of
36
 goods and services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns
under GST, payment of CGST & SGST or IGST, GST (Compensation to State) Cess shown in
tax invoice to the tax authorities, issue of proper tax invoice or any other reason whatsoever, the
applicable taxes & cess paid based on such Tax invoice shall be recovered from the current bills
or any other dues of the supplier/vendor along with interest, if any.
Note: During the execution of the contract if the GST status of the bidder changes, then the
payment of GST, if any, to the Contractor will be made as per the GST status declared by the
bidder during tender stage based on which cost to Company has been ascertained or at actuals,
whichever is lower.
11.5 The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall
not be subject to variations on any account except to the extent variations allowed as per the
conditions of the contract indicated in the bidding document.

12. Currencies of Bid and Payment:

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

13. Bid Validity:

13.1 Bid shall remain valid for a period not less than one hundred and eighty (180) days after the
deadline for bid submission specified in the e-tender portal. A bid valid for a shorter period shall
be rejected by the Employer.
13.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request
that the bidders may extend the period of validity for a specified additional period. The request and
the bidder's responses shall be made in writing or by e-mail. 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 for a
period of the extension, and in compliance with the tender document in all respects.
Reasons for seeking extension of bid validity should be recorded by the procuring officers.

14. Bid Security/Earnest Money Deposit:

14.1 The Bidder shall furnish, as part of his bid, a Bid Security/Earnest Money of the amount as shown
in e-tender notice and in the form as deliberated below:
The Bidder will have to make the payment of EMD through ONLINE mode only. No
Offline mode of Payment of EMD/Bid security shall be applicable and acceptable.

In online mode the Bidder can make payment of EMD either through net-banking from designated
Banks/s or through NEFT/RTGS from any scheduled Bank. In case of payment through net-
banking the money will be transferred to CIL/ Subsidiary designated Account. In case of payment
through NEFT/RTGS the Bidder will have to make payment as per the Challan generated by
system on e-Procurement portal. Bidder will be allowed by the system to submit the bid only when
the EMD is successfully received in CIL/Subsidiary designated account and the information flows
from Bank’s Server to e- Procurement portal. The Earnest Money/ bid security for the
unsuccessful Bidder shall be refundable as promptly as possible. The EMD shall bear no interest.
No Bid will be accepted unless accompanied by requisite Bid Security/ Earnest Money Deposit as
stated above.

14.2. Any Bid not accompanied by an acceptable Bid Security/EMD shall be rejected by the
employer as nonresponsive unless otherwise exempted in the Bid document.

14.3 The EMD of rejected Bidders will be refunded at any stage directly to the account from where
ithad been received (except the cases where EMD is to be forfeited).
14.4 The Bid Security / EMD of successful Bidder may be retained and adjusted with Performance
Security / Security Deposit at Bidder’s option.

14.5 The Bid Security/Earnest Money may be forfeited:

37
 a. if the Bidder withdraws the Bid after the end date of Bid submission during the period of
Bidvalidity / extended validity with mutual consent; or

b. in the case of a successful Bidder, if the Bidder fails within the specified time limit to furnish
the required Performance Security Deposit;
Additionally, the Company shall debar such defaulting Contractor from participating in
futurebids for a minimum period of 12(twelve) months.

14.6 The Bid Security/ EMD deposited with the Employer will not carry any interest.

14.7 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.

14.8 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, Bidder should submit e-Mandate form as per Clause No.7 during bid submission.

14.9 In case the tender is cancelled then EMD of all the participating Bidders will be refunded unless it
is forfeited by the Department.
If the Bidder withdraws the bid online (i.e. before the end date of submission of tender) then the
EMD will be refunded automatically after the opening of tender.

15. ALTERNATIVE PROPOSALS BY BIDDERS

15.1 Bidders shall submit offers that comply with the requirements of the Bidding documents,
including the basic technical design as indicated in the drawings and specifications.
Alternatives will not be considered, unless specifically allowed in the Bidding Data. If so
allowed, Sub-Clause 16.2 shall govern.

15.2 If so allowed in the bid document, Bidders wishing to offer technical alternatives to the
requirements of the Bidding documents must also submit a Bid that complies with the
requirements of the Bidding documents, including the basic technical design as indicated in
the drawings and specifications. In addition to submitting the basic Bid, the Bidder shall
provide all information necessary for a complete evaluation of the alternative by the
Employer, including design calculations, technical specifications, breakdown of prices,
proposed construction methods and other relevant details. Only the technical alternatives, if
any, of the lowest evaluated Bidder conforming to the basic technical requirements
stipulated in the bidding document shall be considered by the Employer.

16. 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.nic.in) with valid Digital Signature Certificate
(DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt.
of India and which can be traced up to the chain of trust to the Root Certificate of CCA. The
online Registration of the Bidders on the portal will be free of cost and one-time activity only.
The registration should be in the name of bidder, whereas DSC holder may be either bidder
himself or his duly authorized person.

b. The Bidder will submit their bid online. No off-line bid shall be accepted.

c. The Bidders will have to accept unconditionally the online User Portal Agreement which
contains the acceptance of all the Terms and Conditions of NIT including General and Special
Terms & Conditions, Integrity Pact and other conditions, if any, along with online undertaking in
support of the authenticity of the declarations regarding the facts, figures, information and
documents furnished by the Bidder online in order to become an eligible Bidder. No conditional bid
shall be allowed/accepted. This User Portal Agreement of Guidelines for e-Procurement of Works
and Services will be a part of NIT/Contract Document.

38
 d. The Bidders will have to accept unconditionally in GTE (General Technical Evaluation) the
Undertaking regarding Genuineness of the information furnished by him on-line & authenticity of
the scanned copy of documents uploaded by him on-line in support of his eligibility criteria,
declaration w.r.t Make in India order and compliance w.r.t procurement from Bidder of a country
which shares a land border with India etc. and Letter of Bid. All such undertakings requiring
unconditional acceptance and where no input from Bidder is required in the undertaking shall be
included in the GTE Template and shall be accepted by the Bidder during Bid submission.

In the undertaking given by Bidder online through acceptance in GTE, there will be provision for
penal action, if any information/declaration furnished online by the Bidder against eligibility
criteria is found to be wrong at any stage which changes the eligibility status of the Bidder.

e. The Bidder will have to make the payment of EMD through online mode only.

In Online mode the Bidder can make payment of EMD either through net-banking from
designated Bank/s or through NEFT/RTGS from any Scheduled Bank. In case of payment
through net-banking the money will be immediately transferred to CIL/Subsidiary’s designated
Account. In case of payment 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 CIL/Subsidiary account and the information flows from
Bank to e- Procurement system.

In case of exemption of EMD the scanned copy of document in support of exemption will have to
be uploaded by the Bidder during bid submission. However, this option is to be enabled only in
those cases where the exemption of EMD to some Bidders is allowed as per NIT.

f. The EMD for Tenders for Turnkey Contracts will be as per Contract Management Manual and
EMD for Civil, E&M and other tenders will be as per Manual of Civil Engineering Works of CIL
and the existing policy of CIL.

The qualification in bid will also be subject to the receipt and acceptance of EMD (exception case
of EMD exempted Bidder) within schedule date and time as mentioned in the NIT.

g. The information will be provided by the Bidder by filling up relevant data through a form in an
objective and structured manner. The software will use the information provided by the Bidders
to evaluate the technical bid automatically.
h. For online submission of tender the Bidders will have to upload the following-
For Two Part System- All the confirmatory documents as prescribed in the NIT and TPS (if
applicable) in Cover-I and “Price-bid” in Cover-II (Both are to be decrypted separately).
In case of EMD exemption, one more document in support of the claim of EMDexemption will
have to be uploaded by the Bidder at specified folder.
i). Letter of Bid: The Letter of Bid addressed to the Tender Inviting Authority (TIA) will be given in
Tender document containing name of the work, NIT No., Tender ID. This will be the covering
letter of the Bidder for his submitted bid. The Bidders have to accept unconditionally the Letter of
Bid in GTE (General Technical Evaluation) at the time of bid submission. This online acceptance
during bidding through GTE shall be construed as submission of LOB by bidder.

ii). Technical Parameter Sheet (TPS) (If applicable as per standard NIT and compatible with the e-
procurement portal): The Technical Parameter Sheet containing the technical specification
parameters for the tendered work/service will be in Excel format (password protected) and will be
uploaded during tender creation. This will be downloaded by the Bidder and he will furnish all the
required information on this Excel file. Thereafter, the Bidder will upload the same Excel file
during bid submission in General Technical Evaluation (GTE). The Technical Parameter Sheet
which is incomplete and not submitted as per instruction given above will be rejected.
iii). Confirmatory Documents: All the confirmatory documents as enlisted in the NIT in support of

39
 online information submitted by the Bidder are to be uploaded in Cover-I or through “My
Document” link in Bidder space by the Bidder while submitting his/her bid.

iv). Price bid: The Price bid containing the Bill of Quantity will be in .xls format (password protected)
and will be uploaded during tender creation. This will be downloaded by the Bidder and he will
quote the rates for all items on this Excel file. Thereafter, the Bidder will upload the same Excel
file during bid submission in Cover-I/ Cover-II, as specified for One Part system and in Cover-II
for Two Part system. The Price-bid will be in Item Rate or Percentage Rate BOQ or Mixed Rate
BOQ format and the Bidder will have to quote for all the tendered items and the L-1 will be
decided on overall quoted value (i.e. Cost to Company). The Price-bids of the tenderers will have
no condition. The Price Bid which is incomplete and not submitted as per instruction given above
will be rejected.
v). However, in case of tenders having provision for exemption of EMD, the Bidder claiming for
exemption will have to upload the requisite document as specified in NIT in support oftheir claim
for exemption of EMD.

17. DEADLINE FOR SUBMISSION OF BIDS

17.1 Bids shall be submitted online on the e-procurement portal of CIL within the deadlines prescribed in
the e-tender portal.

17.2 The Employer may extend the deadline for submission of Bids by issuing a Corrigendum in
accordance with Clause 9, in which case, all rights and obligations of the Employer and the Bidders
previously subject to the original deadline will then be subject to the new deadline.

17.3 If number of bids received online is found to be less than three, then last date of submission of Bid
and Technical Bid Opening date will be automatically extended for a period of Four days. The auto
extension shall work on the basis of number of bids received only. In case of holiday, the due date of
opening will be extended to next working day. Even after extension of four days, no bid is received
then the tender will be cancelled.

18. MODIFICATION AND WITHDRAWAL OF BIDS

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 that particular tender. For withdrawal of bid after the end date of bid submission, the
Bidder will have to make a request in writing to the Tender Inviting Authority. Withdrawal of bid
may be allowed till issue of work order/LOA with the following provision of penal action:

The penal actions are-

1. If the request of withdrawal is received before online notification for opening of price bid,
the EMD will be forfeited and Bidder will be debarred for a minimum period of one year
from participating in tenders in CIL/Subsidiary. The Price-bid of remaining Bidders will be
opened and the tender process shall go on.

2. If the request of withdrawal is received after online notification for opening of price bid, the
EMD will be forfeited and the Bidder will be debarred for a minimum period of one year
from participating in tenders in CIL/Subsidiary. The Price-bids of all eligible Bidders
including this Bidder will be opened and action will follow as under:
i). If the Bidder withdrawing his bid is other than L-1, the tender process shall
go on.
ii). If the Bidder withdrawing his bid is L-1, then re-tender will be done.
Note:
In case the Accepting Authority of the work is Board or Empowered Committee or FDs or
CMD of CIL/Subsidiary Company, then the Competent Authority for forfeit of EMD and
debarment shall be CMD of CIL/Subsidiary Company.
40
 b) In case the Accepting Authority of the work is up to the level of Director of CIL/Subsidiary
Company, then the Competent Authority for forfeit of EMD and debarment shall be Director
of CIL/Subsidiary Company.

i. In case of above penal actions, Guidelines on Debarment of Firms from

Bidding is to be followed.
ii. 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 shall be as per Guidelines for e-Procurement of Works and Services.

19. BID OPENING:

19.1 The Technical bid (Cover-I) will be opened one day after the Bid submission end date or next
working day whichever is later. Technical bid (Cover-I) will be decrypted and opened online by
the “Bid Openers” with their Digital Signature Certificates on the prescheduled date & time of
Tender Opening.
19.2 All the documents uploaded by Bidder(s) including EMD exemption documents (if any) and the
Evaluation sheets generated by the system online shall be downloaded after opening of Technical
bid (Cover-I). After decryption and opening of Technical bid (Cover-I) the “technical bid opening
summary” will be uploaded on the same day.

19.3 The e-Procurement System will evaluate the Technical bids automatically on the basis of relevant
data provided by Bidder through a form in an objective and structured manner while submitting
bid. If the parameter given by Bidder in objective and structured manner does not confirm to
required eligibility criteria as specified in the tender document then the bid will be evaluated by
system as non-complied and shall be rejected automatically by the system.
19.4 Acceptance of Bidder in a general form of online declaration will be recognized and accepted as
the certification regarding authenticity of all the information and documents furnished by them
online and acceptance of all terms and conditions of the bid document, since such acceptance by
Bidder with Digital Signature Certificate is legally tenable.
20. PROCESS TO BE CONFIDENTIAL
20.1 Information relating to the examination, clarification, evaluation and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other
persons not officially concerned with such process until the award to the successful Bidder has
been announced. Any effort by a Bidder to influence the Employer's processing of Bids or award
decisions may result in the rejection of his Bid. However, the Tender Status will be in public
domain and anyone visiting the site can view it by identifying the tender.

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 bidder(s), 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.

20.2 Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may
result in the rejection of his Bid.

20.3 From the time of bid opening to the time of contract award, no bidder shall contact the Procuring
Entity on any matter related to the bid, except on request and prior written permission.
21. CLARIFICATION OF BIDS
21.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at the
Employer's discretion, ask any Bidder for clarification of the Bidder's Bid, including breakdowns
of unit rates.

41
 21.2 No document presented by the bidder after closing date and time of submission of bid will be
considered unless otherwise called for during scrutiny / evaluation and shall be against written
request only.
22. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
22.1 Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:
a. meets the eligibility criteria defined in Clause 3;
b. is accompanied by the required securities and
c. is substantially responsive to the requirements of the Bidding
documents.
22.2 A substantially responsive Bid is one which conforms to all the terms, conditions & specifications
of the Bidding documents without material deviation or reservation. A material deviation or
reservation is one:
a. which affects in any substantial way the scope, quality, or performance of the works;
b. which limits in any substantial way, inconsistent with the Bidding documents, the Employer's
rights or the Bidder's obligations under the Contract; or
c. whose rectification would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.
22.3 If a Bid is not substantially responsive, it may be rejected by the Employer at its sole discretion.

23. EVALUATION AND COMPARISON OF BIDS

23.1 The Employer will evaluate and compare only the Bids determined to be substantially responsive
in accordance with Clause 22. Price bid of the bidder will have no condition.
23.2 The Employer reserves the right to accept or reject any variation, deviation and other factors that
are in excess of the requirements of the Bidding documents or otherwise result in unsolicited
benefits for the employer shall not be taken into account in Bid evaluation.
23.3 No document presented by the bidder, after closing date and time of bid, will be taken into account
by the evaluation committee unless otherwise called for during scrutiny / technical scrutiny by the
tender committee as clarification. If a bidder offers a rebate unilaterally after the closing date and
time of the bid, it will not be taken into account for evaluation purpose by the tender committee,
but if that bidder emerges as the lowest evaluated, the rebate offer will be taken into account for
determination of the total offer.
23.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer's estimate of
the cost of work to be performed under the contract, the Employer may require the Bidder to
produce detailed price analyses for any or all items of the work, to demonstrate the internal
consistency of those prices with the construction methods and schedule proposed.
24. AWARD CRITERIA
Subject to Clause 25, the Employer will award the Contract to the best qualified Bidder whose
Bid has been determined to be substantially responsive to the Bidding documents and who has
offered the lowest evaluated Bid Price. Employer shall be the sole judge in this regard.

25. EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO REJECT ANY
ORALL BIDS
25.1 Notwithstanding Clause 24, the Employer reserves the right to accept, negotiate, or reject any Bid,
and to cancel the bidding process and reject all Bids, at any time prior to the award of Contract,
without thereby incurring any liability to the affected Bidder or Bidders or any obligation to
inform the affected Bidder or Bidders of the grounds for the Employer's action.

25.2 (A) Negotiations

i) Normally, there should be no negotiation. Negotiations should be a rare exception rather
than the rule and may be resorted to only in exceptional circumstances. If it is decided to hold
negotiations for reduction of prices, they should be held only with the lowest acceptable bidder (L1),
who is techno-commercially responsive and on whom the contract would have been placed but for
the decision to negotiate. In no case, including where a cartel/ pool rates are suspected, should
negotiations be extended to those who had either not tendered originally or whose tender was rejected
because of unresponsiveness of bid, unsatisfactory credentials, inadequacy of capacity or unworkable
rates. The circumstances where negotiations may be considered could be:
a) Where the procurement is done on nomination basis;
42
 b) Procurement is from single or limited sources;
c) Procurements where there is suspicion of cartel formation which should be recorded; and
d) Where the requirements are urgent and the delay in re-tendering for the entire requirement
due to the unreasonableness of the quoted rates would jeopardize essential operations,
maintenance and safety, negotiations with L1 bidder(s) may be done for bare minimum
quantum of requirements. The balance bulk requirement should, however, be procured
through a re-tender, following the normal tendering process.
ii) The decision whether to invite fresh tenders or to negotiate and with whom, should be
made by the tender accepting authority limited to CMD of CIL/ Subsidiary based on the
recommendations of the TC. Convincing reasons must be recorded by the authority
recommending negotiations. The CA should exercise due diligence while accepting a
tender or ordering negotiations or calling for a re-tender and a definite timeframe should
be indicated.
iii) Normally all counter offers are considered negotiations by other means and the principles
of negotiations should apply to such counter offers. For example, a counter offers to L1, in
order to arrive at an acceptable rate, shall amount to a negotiation. However, any counter
offers to L2, L3, and so on (at the rates accepted by L1) in case of splitting of quantities
shall not be deemed to be a negotiation.
iv) After the CA or TC has decided to call a specific bidder for negotiation, the following
procedure should be adopted:
a) Negotiations must be carried out by the CA or TC only;
b) It must be understood that, if the period of validity of the original offer expires
before the close of negotiations, the original offer will not be available for
acceptance. The period of validity of the original offer must, therefore, be extended,
wherever necessary, before negotiations;
c) The tenderer to be called in for negotiations should be addressed as per the format of
letter laid down in Annexure-IX, so that the rates originally quoted by him shall
remain open for acceptance in the event of failure of the contemplated negotiation;
d) A negotiations meeting should be started only after obtaining a signed declaration
from the negotiating contractor as per Annexure-IX; and Revised bids should be
obtained in writing from the selected tenderers at the end of the negotiations in the
format of letter laid down in Annexure-X. The revised bids so obtained should be
read out to the tenderers or their representatives present, immediately after
completing the negotiations. If necessary, the negotiating party may be given some
time to submit its revised offer. In case, however, the selected bidder prefers to
send a revised bid instead of being present at the negotiation, the offer should be
taken into account. In case a bidder does not submit the revised bid, its original bid
shall beconsidered.

B) In case, negotiation with L-1 does not yield a reasonable rate, re-tendering should be
donestraightway.

However, in case there is an emergency and the time required for re-tendering cannot be
allowed, the case of awarding work to the L-1 Bidder at negotiated rate may be considered by an
authority one step higher than the otherwise Competent Authority after recording the reasons.

Where CFDs is the approving authority, approval shall be from CFDs only. However, TAA
shall be in accordance with current prevalent DoP of CIL/Subsidiary.

1. If there are more than one lowest Bidder & splitting up of the work is allowed, then work
canbe split to all bidders at L-1 Price.
2. If there are more than one lowest Bidder& splitting up of the work is not considered
necessary,L-1 may be decided as under:

All L-1 Bidders may be advised to submit the reduced price online & final L-1 maybe
decided on the basis of revised (reduced) Price.
OR
43
 Through “Reverse Auction” amongst the L-1 Bidders online, if “Reverse Auction” is
available in online mode.
The above Principle may be followed for offline tenders also.

All factual details including complaints and negotiations, if any, to be brought out and reasons
for recommendation of award to be recorded in TCR in detail.
The tender committee submits final recommendations (covering Part-I & Part-II) in detail along
with minutes of the negotiation, if any and decision of the tender committee at each stage. The
tender committee recommendations with the supporting documents are sent for approval of the
competent authority through associate finance.
26. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT
26.1 The Bidder, whose Bid has been accepted, will be notified of the award by the Employer prior to
expiration of the Bid validity period through e-Procurement portal and confirmed by registered
letter. 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,
completion and maintenance of the Works by the Contractor as prescribed by the Contract
(hereinafter and in the Contract called "the Contract Price").
The offline communication of LOA shall not be mandatory.

26.2 The notification of award will constitute the formation of the Contract.
The works should be completed within the period specified in the NIT from expiry of
*30(Thirty)days from the issue of letter of acceptance issued by department or within 7days of
handing over of the site, whichever is later.
26.3 The Agreement will incorporate all agreements between the Employer and the successful Bidder,
work programme etc. within 60(sixty) days following the notification of award along with the
letter of Acceptance and / or Work Order issued by department.
In case of failure to submit performance security and enter in to agreement in specified period or
extended period, on written request of contractor, if any, the department in addition to other penal
measures as per clause 14.5 of ITB shall debar the selected bidder from participating in re-tender.
In addition, the department may debar the bidder from participating in future bids in accordance
with Guidelines for Debarment of firms from Bidding.
26.4 In the bidding process, the cause of rejection of Bid of any bidder should be intimated to non-
qualified bidder after the award of the work to the successful one. The Security / Earnest Money
shall be refunded to unsuccessful bidders as per provision of Cl. 14.3.
26.5 The contractor shall enter into and execute contract agreement in the prescribed form. 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 copy,
additional cost to be charged.
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-charge, his
representatives or any other officials authorized by the company for the purpose.
The contract document shall not be used by the contractor for any purpose other than this contract
and the contractor shall ensure that all persons employed for this contract strictly adhere to this
and maintain secrecy, as required of such documents.

27. PERFORMANCE SECURITY/ SECURITY DEPOSIT/PERFORMANCEGUARANTEE

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.

For details refer Clause No. 3 of Conditions of Contract (General terms and Conditions)
44
28. EMPLOYMENT OF LABOUR
28.1 Contractors are to employ, to the extent possible (as per policy decision of the company valid from
time to time), local project affected people and pay wages not less than the minimum wages as
per minimum Wages Act of Central or state govt. (whichever is higher) or HPC wages of CIL as
applicable and mentioned in NIT.

Payment of Provident Fund for the workmen employed by him for the work as per the Law
prevailing under provision of CMPF/EPF and allied scheme valid from time to time shall be
responsibility of the contractor which shall be in accordance with the given guidelines:

1. The Contractor must be mandatorily registered as employer under the CMPF Act and
allied scheme and shall submit details of their workers with the CMPF number,
wherever required. The contractor shall submit CMPF registration certificate before
signing of agreement.
2. If any employee of a Contractor is not a member of any Provident Fund, he shall be
required to become a member of CMPF scheme immediately, for availing benefits
therefrom.

3. Where the employees of a Contractor are members of EPF scheme, the Contractor shall
provide appropriate facilitation to those employees who voluntarily opt for conversion
from EPF Schemes to CMPF Schemes.

In all the cases mentioned above, the contractor needs to ensure that the employee has become a
member of any of the provident fund as the case may be and the unique membership number of
the CMPF/EPF or Allied Scheme needs to be submitted to Employer.

In addition to the above, the Contractor shall provide a copy of the updated passbook having entry
made in the CMPF/EPF or Allied Scheme(s) of Provident fund as the case may by the competent
authority annually /as and when asked. Bidder shall also submit copies of statutory returns.

The contractor shall also comply with the provisions of the CMPF/ EPF and regularly deposit the
contributions in accordance with the same. The Company shall have no liability whatsoever in
this regard
Note:
However, if the basic rate of wages of labour as fixed by CIL (i.e. with respect to HPC wages) is
revised during the contract period then the incremental difference shall be reimbursed on actual
basis through a suitable mechanism as decided by CIL/Subsidiary.

28.2 The Contractor shall comply with statutory requirements of various acts including Child Labour
(Prohibition & Regulation) Act, 1986 as amended from time to time and all rules, regulations and
schemes framed thereunder from time to time in addition to other applicable labour laws.

28.3 The payment to the contractor’s labourers has to be made through Bank only.

28.4 Bonus is to be paid to the contract workers engaged by the Contractors as per the
provisions of Payment of Bonus Act,1965 as amended from time to time.
28.4 The contractors shall register themselves on the Contract Labour Payment Management Portal
(CLPMP) of CIL within 30 days of issue of work order and will have to enter and update
periodically the following details in the portal:
a. Work Order details
b. Details of Contractor workers and payment of wages in respect of each Work Order
eachmonth.

28.5 All the contract workers shall be covered with the Bio-metric attendance system for
payment of wages.

45
28.6 Contractors should deploy suitably experienced workers as mentioned in relevant Govt. circular.

NOTE: In case company decides/ circulates separate wages for such works within mine premises,
the same may be allowed based on appropriate circular. Clause 28.1 shall stand amended to
this extent before notification of bid.
29. LEGAL JURISDICTION
Matter relating to any dispute or difference arising out of this tender and subsequent contract
awarded based on the bid shall be subject to the jurisdiction of High Court of West Bengal,
Calcutta High Court Bench only.

30. DEEMED EXPORTS

If the bidder has quoted any item/ items under the deemed exports then it will be the
responsibility of the Bidder to get all the benefits under deemed exports from the Government.
The Company's responsibility shall only be limited to the issuance of required certificates. The
quotation of the Bidder will be unconditional and phrases like "Subject to availability of deemed
exports benefit" will not find place in it.
31. CONSULTANTS NOT TO BID & VICE-VERSA:
A firm which has been engaged by the Company to provide Goods or Works for a projector any
of its affiliates will be barred from providing consultancy services for the same project.
Conversely, a firm hired to provide consultancy services for the preparation or implementation of
a project and any of its affiliates will be barred from subsequently providing Goods or Works or
services related to the initial assignment for the same project.
32. SUB-CONTRACTOR/ SUB-VENDOR:
32.1 The contract agreement will specify major items of supply of services for which the contractor
proposes to engage Sub-Contractor/ Sub-Vendor. The contractor may from time to time
propose any addition or deletion from any such list and will submit the proposals in this regard
to the Engineer in Charge/ Designated Officer in Charge for approval well in advance so as
not to impede the progress of work. Such approval of the Engineer in Charge/ Designated
Officer will not relieve the contractor from any of his obligation, duties and responsibilities
under the contract.
32.2 If a contractor submits his bid, qualifies and does not get the contract because of his not being
the lowest, he will be prohibited from working as a sub-contractor for the contractor who is
executing the work.
32.3 The total value of subcontracted work should not exceed the percentage of the contract price
specified in the contract (say 25%). Sub-contracting by the contractor without the approval of
the Procuring Entity shall be a breach of contract, unless explicitly permitted in the contract.

33. e-payment:
The bidders have to furnish the details of their bank A/c Nos. Name and Address of the Bank and
Branch Code along with the Bid. Successful Bidder/ Bidders are required to submit an
Authorization form duly signed for e-payment to them. Enclosed Annexure be filled in and
submitted along with the Bid.

34. Integrity Pact (Applicable for bids with estimated cost exceeding Rs. 5Crores):
34.1 Bidders are required to accept unconditionally the Pre-Contract Integrity Pact in GTE as
perenclosed format, Annexure-I

34.2 Code of Integrity for Public Procurement (CIPP)

Bidders are required to accept the CIPP as available in the Bid document (Annexure - IXA)
online at e-procurement portal of CIL. This will be signed by the authorized signatory of the
Bidder (s) with name, designation and seal of the Company at time of execution of formal
agreement. In case of Partnership Firms/JV/CONSORTIUM all partners shall sign at the time
of agreement.

35. Changes in Firms Constitution to be intimated

46
 Previous approval in writing of the Engineer-in-Charge shall be obtained before any change is
madein the constitution of the Firm. If previous approval is not obtained the same will be treated as
a breach of contract and shall have same consequences due to such breach of contract.
36. Miscellaneous:
36.1 The bidders should fill the bid document properly and carefully. They should avoid quoting
absurd rates.
36.2 The contractor will have to submit valid H.T. Electrical Contractor’s license issued by the
electrical licensing board of state of execution or electrical contractor’s license issued by any
Indian state duly recognized/endorsed by electrical licensing board of state of execution before
execution of agreement.
36.3 After opening of the Tender if the company decides to seek clarification, the tenderer should be
in a position to depute their representative, at short notice, with full authority on technical and
other matters.
36.4 Throughout the bidding documents, the terms ‘bid’ and tender and their derivatives are
synonymous.
36.5 The company shall not be responsible for any delay/difficulties/inaccessibility of the
downloading facility for any reason whatsoever.
i) The bidders will be required to submit an undertaking that they will accept the Bid documents as
available in the website and their Bid shall be rejected if any tampering in the Bid documents
is found to be done during opening or at any time after opening of Bid and during pendency of
the contract. The Undertaking enclosed with the bid covers this aspect.
ii) In case of any discrepancy between the Bid documents downloaded from the website and the
master copy downloaded from website and available in the office, the latter shall prevail and
will be binding on the Bidders. No claim on this account will be entertained.
36.6 Instruction to Bidders shall be a part of contract agreement.

37. Restriction on Procurement from a bidder of a country which share a land border with India
andon sub-contracting to Contractors from such countries:
I. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.
II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts)
means any person or firm or Company, including any member of a consortium
or JV/Consortium (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated
hereinbefore,including any agency branch or office controlled by such person, participating
in a procurement process.
III. "Bidder from a country which shares a land border with India" for the purpose of this
Ordermeans. -
a. An entity incorporated, established or registered in such a country; or
b. A Subsidiary of an entity incorporated, established or registered in such a country; or
c. An entry substantially controlled through entities incorporated, established or registered in
sucha country; or
d. An entity whose beneficial owner is situated in such a country; or e. An Indian (or other)
agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or JV/Consortium where any member of the consortium or JV/Consortium
falls under any of the above
IV. The beneficial owner for the purpose of (III) above will be as under
1. In case of a Company or Limited Liability Partnership, the beneficial owner is the natural
persons, who, whether acting alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control through other means
Explanation--

a. “Controlling ownership interest” means ownership of or entitlement to more than twenty-

five percent of shares or capital or profits of the Company
b. “Control” shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
47
 rights or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership:
3. In case of an unincorporated association or body of individuals, the beneficial owner is
the natural persons, who, whether acting alone or together, or through one or more
juridical person has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals,
4. Where no natural person is identified under (1) or (d) or (3) above, the beneficial owner
is the relevant natural person who holds the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification of
the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest
in the trust and any other natural person exercising ultimate effective control over the
trust through a chain of control or ownership.

V. An Agent is a person employed to do any act for another, or to represent another in

dealingswith third person.

**************************************

48
 SECTION -III

CONDITIONS OF CONTRACT

49
 SUB-SECTION – I

GENERAL TERMS AND CONDITIONS OF CONTRACT

1. Definitions:

i. The word "Company'" or "Employer" or "Owner" wherever occurs in the conditions, means the
Eastern Coalfields Limited (ECL), represented at the headquarters of the Company by the
General Manager (E&M)/HOD or his authorized representative or any other officer specially
deputed for the purpose.
ii. The word “Principal Employer" or "Engineer" wherever occurs, means the authorized
representative or any other officer specially deputed by the Company for the purpose of contract.
iii. "Bid" (including the term ‘tender’, ‘offer’, ‘quotation’ or ‘proposal’ in certain contexts) means
an offer to supply goods, services or execution of works made in accordance with the terms and
conditions set out in a document inviting such offers.
iv. "Bidder" (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts)
means any eligible person or firm or company, including a JV/Consortium (that is an association of
several persons, or firms or companies), participating in a procurement process with a Procuring
Entity.
v. "Bid security" (including the term ‘Earnest Money Deposit’(EMD), in certain contexts) means
a security from a bidder securing obligations resulting from a prospective contract award with the
intention to avoid: the withdrawal or modification of an offer within the validity of the bid, after the
deadline for submission of such documents; failure to sign the contract or failure to provide the
required security for the performance of the contract after an offer has been accepted; or failure to
comply with any other condition precedent to signing the contract specified in the tender documents.
vi. “Class-I local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for ‘Class-I local supplier’
under the Public Procurement (Preference to Make in India), Order 2017.
vii. “Class-II local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for ‘Class-II local supplier’
but less than that prescribed for ‘Class-I local supplier’ under the Public Procurement (Preference to
Make in India), Order 2017.
viii. “Local Content” means the amount of value added in India which shall, unless otherwise prescribed
by the Nodal Ministry, be the total value of the item procured (excluding net domestic indirect taxes)
minus the value of imported content in the item (including all customs duties) as a proportion of the
total value, in percent.
ix. “Non-Local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, has local content less than that prescribed for ‘Class-II local supplier’ under
the Public Procurement (Preference to Make in India), Order 2017.
x. "Notice inviting tenders" (including the term ‘Invitation to bid’ or ‘request for proposals’ in
certain contexts) means a document and any amendment thereto published or notified by the
Procuring Entity, which informs the potential bidders that it intends to procure goods, services and/or
works.
xi. "Prospective bidder" means anyone likely or desirous to be a bidder.
xii. The word "Contractor"/"Contractors" or "Manufacturer" wherever occurs means the successful
Bidder/Bidders 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 maybe.
xiii. "Site" means the land and places including any building and erection thereon, over, under, in or
through which the Permanent works or Temporary works designed by the Engineer-in-Charge are to
be executed and any other lands and places provided by the Employer for working space or any other
purpose as may be specifically designated in the Contract as forming part of the site.
xiv. The term "sub-contractor", as employed herein, includes those having a direct contract with
contractor either on piece rate, items rate, time rate or on any other basis and it includes one who
furnishes work to a special design according to the plans or specifications of this work but does not
include one who merely supplied materials.
50
xv. "Consulting Engineer"/"Consultant" shall mean any firm or person duly appointed as such from
time to time by the owner.
xvi. 'Accepting authority' shall mean the management of the company and includes an authorised
representative of the company or any other person or body of persons empowered in this behalf by
the company.
xvii. A 'Day 'shall mean a day of 24 hours from midnight to midnight.
xviii. Engineer-in-charge/Designated Officer-in-charge who is of an appropriate seniority will be
responsible for supervising and administering the contract, certifying payment due to the
contractor, valuing variations to the contract, awarding extension of time and valuing
compensation events. 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 the Delegation of Powers of the company. However, overall responsibility, as far
as the contract is concerned will be that of the Engineer-in-charge/Designated Officer-in-charge.
xix. The "Procurement contract" (including the terms ‘Purchase Order’ or ‘Supply Order’ or
‘Withdrawal Order’ or ‘Work Order’ or ‘Consultancy Contract’ or ‘Contract for other services’
under certain contexts), means an agreement relating to the subject matter of procurement, entered
into between the Procuring Entity and the supplier, service provider or contractor on mutually
acceptable terms and conditions and which are in compliance with all the relevant provisions of
the laws of the country. The term “contract” will also include “rate contract’ and “framework
contract”.
The agreement shall include the notice inviting tender, the tender/bid 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, frozen terms and 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.
Until the formal agreement is signed between the Owner and contractor, LOA/Work order together
with contract document accepted by the bidder (i.e., bid/ tender/ proposal/ offer) shall constitute
the contract.
The 'works' shall mean and include the furnishing of equipment, labour, and the services in
accordance with the contract or parts thereof as the case may be and shall also include all extra or
additional, altered or substituted works or any work of emergent nature, which in the opinion of
the Engineer-in-charge, become necessary during the progress of the works to obviate any risk or
accident or failure or become necessary for security.
xxi. "Specification" shall mean the technical specifications forming a part of the contract and such
other schedules and drawings as may be mutually agreed upon.
xxii. 'Contract price' shall mean the total sum for which tender is accepted by the company.
xxiii. 'Written notice' shall mean a notice or communication in writing and shall be deemed to have been
duly served if delivered in person to the individual or to a member of the firm or to an office of the
Corporation/Company for whom it is intended, or if delivered at or sent by registered mail to the
last business address known to him who gives the notice.
xxiv. "Letter of Acceptance" of the tender shall mean the official notice issued by the company notifying
the contractor that his tender has been accepted.
xxv. "Date of Contract" shall mean the date on which both the parties have signed the contract
agreement.
xxvi. "Manufacturer's Works' or Contractor’s Works" shall mean the place of work used by the
Manufacturer, the Contractor, their collaborators or sub-contractors for the performance of the
works.
xxvii. "Inspector" shall mean the Owner or any person nominated by the Owner from time to time, to
inspect the equipment stores or Works under the contract and/or the duly authorised representative
of the owner.
xxviii. When the words "Approved", "Subject to Approval", "Satisfactory", "Equal to", "Proper",
"Requested", "As directed", "Where directed", "When directed", "Determined by", "Accepted",
"Permitted", or words and phrases of like import are used, the approval, judgment, direction etc. is
understood to be a function of the Owner/Engineer/Engineer-in-Charge.
xxix. "Test of Completion" shall mean such tests as prescribed in the contract to be performed by the
contractor before the Works is taken over by the Owner.
51
 xxx. "Start-up" shall mean the time period required to bring the equipment covered under the Contract
from an inactive condition, when construction is essentially complete, to the state ready for trial
operation. The start-up period shall include preliminary inspection and check out of equipment and
supporting sub-systems; initial operation of the complete equipment covered under the Contract to
obtain necessary pre-trial operation data, perform calibration and corrective action; shut down
inspection and adjustment prior to the trial operation period.
xxxi. "Initial operation" shall mean the first integral operation of the complete equipment covered under
the contract with sub-systems and supporting equipment in service.
xxxii. "Trial Operation", "Reliability Test", Trial Run", "Complete Test" shall mean the extended period
of time after the "Start-up" period. During this trial operation period the unit shall be operated over
the full load range. The length of Trial Operation shall be as determined by the Engineer, unless
otherwise specified elsewhere in the Contract.
xxxiii. "Performance and Guarantee Tests" shall mean all operation checks and tests required to
determine and demonstrate capacity, efficiency, and operating characteristics as specified in the
contract document.
"Commercial Operation" shall mean the condition of operation in which the complete equipment
covered under the contract is officially declared by the owner to be available for continuous
operation at different loads up to and including rated capacity. Such declaration by the owner
however, shall not relieve or prejudice any of the contractor's obligation under this contract.
xxxv. "Final Acceptance" shall mean the owner's written acceptance of the works performed under the
contract, after successful completion of performance and guarantee tests.
xxxvi. "Guarantee Period/Maintenance Period" shall mean the period during which the contractor shall
remain liable for repair or replacement of any defective part of the works performed under the
contract. (Note – Defect liability period (DLP) for this tender shall be One Hundred Twenty
(120) calendar months commencing immediately upon the satisfactory completion of the
Performance Guarantee (PG) Test).
xxxvii. "Drawings"/"Plans" shall mean all:
(a) drawings furnished by the owner/consultant as a basis for proposals,
(b) supplementary drawings furnished by the Owner/Consultant to clarify and to define in
greaterdetail the intent of the contract,
(c) drawings submitted by the contractor with his proposal provided such drawings are
acceptable to the Owner/Consultant,
(d) drawings furnished by the Owner/Consultant to the Contractor during the progress of the work,
and
(e) engineering data and drawings submitted by the Contractor during the progress of the work
provided such drawings are acceptable to the Engineer,
xxxviii. "Codes" shall mean the following, including the latest amendments, and/or replacements, if any:
(a) Standards of Bureau of Indian Standards relevant to the works under the contract and
theirspecifications.
(b) Other Internationally approved Standards and/or rules and regulations touching the
subjectmatter of the contract.
(i) A.S.M.E. Test codes.
(ii) A.I.E.E. Test codes.
(iii) American Society of Materials Testing Codes.
(iv) Indian Electricity Act and Rules and Regulations made thereunder.
(v) Indian Explosive Act and Rules and Regulations made thereunder.
(vi) Indian Petroleum Act and Rules and Regulations made thereunder.
(vii) Indian Mines Act and Rules and Regulations made thereunder.
(c) Any other laws, rules, regulations and Acts applicable in the country with respect to
labour, safety, compensation, insurance etc.
xxxix. Words importing singular only shall also include the plural and vice-versa where
the context so requires.
xl. Words importing "Person" shall include firms, companies, corporations, and associations or bodies
of individuals, whether incorporated or not.
xli. Terms and expressions, not defined herein, shall have the same meaning as are assigned to
them in the Indian Sale of Goods Act, failing that in the Indian Contract Act, and failing that in the
General Clauses Act.

52
xlii. "Commissioning" the plant/project shall mean completion in all respects of construction rendering
the plan/project ready for performance test and commercial operation as per xxv.
xliii. "Government Approvals" shall mean all permits, licenses, authorisations, consents, clearances,
decrees, waivers, privileges, approvals from and filing with government instrumentalities
necessary for the development, construction and operation of the plant/project.
xliv. "Month" shall mean a calendar month according to the Gregorian calendar.
xlv. "Bank Guarantee" shall mean the Bank Guarantee to be provided by ...............
to.............

xlvi. 'Tender Accepting Authority (TAA)/ Awarding 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 to approve the Tender.
Tender Accepting Authority (TAA)/Awarding Authority at any time after the award of tender till
the finalization of contract shall be construed as the authority as per the prevalent DoP of
CIL/Subsidiary.
Note: Interpretation of Tender Accepting Authority (TAA)/ Awarding Authority as above is
applicable for the existing and future contracts.

2. CONTRACT DOCUMENTS:
The following documents shall constitute the contract documents:
(i) Articles of Agreement,
(ii) Notice Inviting Tender and Instruction to Bidders,
(iii) Conditions of Contract, including General Terms and Conditions, Additional Terms and
Conditions, Special Conditions, if any etc. forming part of the Agreement,
(iv) Letter of Acceptance of Bid indicating deviations, if any, from the Conditions of Contract
incorporated in the Bid/Tender document issued to the Bidder,
(v) Scope of works/Bills of Quantities,
(vi)Finalized work programme,
(vii) Integrity Pact as applicable as decided by different Subsidiary Companies
(viii) Guidelines for Debarment of firms from Bidding,
(ix) Code of Integrity for Public Procurement.
(x) Any other document, if required.

2.1 After acceptance of tender the Contractor shall be deemed to have carefully examined all Contract
Documents to his satisfaction. If he shall have any doubt as to the meaning of any portion of the
Contract Documents, he shall before signing the Contract, set forth the particulars thereof, and
submit them to the Owner in writing in order that such doubt may be removed. The Owner will
provide such clarifications as may be necessary in writing to the Contractor. Any information
otherwise obtained from the Owner or the Engineer shall not in any way relieve the Contractor of
his responsibility to fulfill his obligations under the Contract.

2.2 The Contractor shall enter into a Contract Agreement with the Owner within 60 (sixty) days from
the date of 'Acceptance of Tender' or within such extended time as may be granted by the owner.
The performance Bank Guarantee for the proper fulfillment of the contract shall be furnished by
the contractor in the prescribed form within twenty-one (21) days of 'Acceptance of tender'. The
performance Guarantee shall be as per terms prescribed in clause 3.0 herein after.

2.3 The owner, after the issue of the letter of Acceptance of Tender, will send one copy of the final
agreement to the contractor for his scrutiny and approval.

2.4 The agreement, unless otherwise agreed to, shall be signed within 60 days of the issue of the letter
of Acceptance of tender, at the office of the owner on a date and time to be mutually agreed. The
contractor shall provide for signing of the contract, performance guarantee in copies as required,
appropriate power of attorney and other requisite materials. In case it is agreed mutually that the
contract is to be signed beyond the stipulated time, the bid guarantee submitted with the tender will
have to be extended accordingly.

53
 2.5 The agreement will be signed in six originals and the contractor shall be provided with one signed
original and the rest will be retained by the owner. None of these documents shall be used by the
contractor for any purpose other than this contract and the contractor shall ensure that all persons
employed for this contract strictly adhere to this and maintain secrecy, as required of such
documents.

2.6 The contractor shall provide free of cost to the owner all the engineering data, drawings and
descriptive materials submitted with the bid, in at least six (6) copies to form a part of the contract
immediately after issue of letter of acceptance.

2.7 Subsequent to signing of the contract, the contractor at his own cost shall provide the owner with
atleast six (6) true copies of agreement within thirty (30) days after the signing of the contract.

2.8 The date of commencement shall be reckoned from the expiry of 30 days from the issue of letter
of acceptance and submission of Performance Security or seven days after handing over the site for
the first activity as per PERT network chart, whichever is later.

2.9 The laws applicable to this contract shall be the laws in force in India. The High Court of West
Bengal, Calcutta High Court Bench shall have exclusive jurisdiction in all matters arising under
this contract.

3.0 PERFORMANCE GUARANTEE/SECURITY DEPOSIT:

3.1 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.

3.1.1 Performance Security should be 5% of contract amount and should be submitted by the
successful bidder within 21 days of issue of LOA in any of the form given below after which bid
security/earnest money will be refunded to the contractor.
- a Bank Guarantee in the form given in the bid document from any schedule bank acceptable to the
owner. Bank guarantee issued by out station bank shall be operative at their local branch at
………………………or their branch at ...........
- Govt. Securities, FDR or any other form of deposit stipulated by the owner and duly pledged
in favour of owner.
- Demand Draft drawn in favour of ........................... on any Scheduled Bank payable at its Branch
at………..
- However, Company may approve submission of Performance Security beyond 21days byanother
14 days with proper justification on a case to case basis.

The Earnest Money/ Bid Security deposited 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 may be adjusted against the Performance security at bidder’s option.
Work shall commence only after submission of Performance Security.

3.1.2 If Performance Security is provided by the successful Bidders in the form of Bank Guarantee
it shall be issued either – at Bidder’s option by a Scheduled Bank or 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 period of contract (if any)”, whichever is more. However, if the contract
period is for more than 03 years, then period of validity of the BG should be for at least 03 years
with a provision that timely action for extension of the BG should be undertaken at least 03 months
before the end of validity.

54
 The subsequent extension shall be for a period of “one year” or “ninety days beyond the period of
contract/extended period of contract” if balance period is less than 3 years, else the process will
repeat as above.

Not less than 30 (thirty) days prior to expiry of a Performance Security, the Contractor shall furnish
an extended, renewed or replacement Performance Security to the Authority, failing which the
Authority shall be entitled to, after giving 5 (five) days’ notice to the Contractor, draw down the full
remaining value of the Performance Security, and hold the amount as security for performance of
the Contractor’s obligations under this Agreement.

The BG shall be encashed at least 07 days (excluding date of intimation and bank holiday) prior to
expiry of BG.

Bank Guarantee (BG) is to be submitted in the format prescribed by the Company. Bank Guarantee
shall be irrevocable and it shall be issued by any Indian Nationalized Bank/Scheduled Bank on
Structured Financial Messaging System (SFMS) platform which is payable / enforceable at ……..

The paper BG would be delivered by Issuing Bank to the Beneficiary under Speed Post/Registered
Post (AD). Original Bank Guarantee shall be accepted from Issuing Bank only. However, the paper
BG would be operative only on receipt of a separate advice through SFMS and confirmed by the
Advising Bank (i.e. Beneficiary Bank). The confirmation of issuance of BG through SFMS from
Advising Bank shall be obtained through electronically as well as print out of the said message from
Advising Bank with seal and signature.

The BG (If performance security is provided by the successful bidder in the form of bank guarantee)
issued by issuing bank on behalf of the bidder in favour of “______________” shall be in paper
form (Stamp Paper) as well as issued under “Structured Financial Messaging System”. Issuing
Bank should send the underlying confirmation message in IFN760COV or IFN767COV message
type for getting the BG advised through our bank. Also issuing bank should mention “_________”
in field no. “7037” of IFN760COV or IFN767COV. The message will be sent to the beneficiary
bank through SFMS.
The details of beneficiary Bank for issue of BG through SFMS Platform is furnished below: -

SMS FIELD DETAILS

NO.
7035 IFSC Code ICICI0000291
Beneficiary Bank ICICI Bank Ltd.
7036 Branch Murgasol, Asansol
Address Ground floor Plot No.793 Murgasol, GT
Road, Asansol-713303
Bank account No 029105005131
7037 Cust ID of Beneficiary ECL554567270
7038 Area/ Dept.
7039 NIT/Work Order/ LOI No.

Note: SFMS msg- “IFN760 COV”- New Bank Guarantee, / “IFN767 COV” – Amendment of Bank Guarantee.
ICICI Bank has informed that the following sets of characters are allowed in field 7038 &7039 for BG
advising:-
abcdefghijkImnopqrstuvwxyz
A U C D E F G H 1 J K I. M N O P Q R S T U V VV X Y /
0 1 2 3 4 5 6 7S9
/-?:()./+ 0

All SFMS fields have to be mandatorily filled up and no Held is to be left blank
The above particulars are to be incorporated by issuing bank properly for issuing BG under SFMS mode to
avoid any problem in future.
55
 The above particulars are to be incorporated by the Issuing Bank properly while issuing BG under
SFMS mode to avoid any problem in future.
Original Bank Guarantee (issued by the Issuing Bank) shall be sent by the Issuing Bank to concerned
Department by Registered Post (AD).

Note:
Safe Custody and Monitoring of Securities-
The BG Details after confirmation and acceptance shall be entered in SAP by Associate Finance and
its validity expiry shall be monitored through SAP. The BG shall be sent by Associate Finance to
Finance Department of CIL/ Subsidiary for safe custody. Extension of bank guarantees and other
instruments, where warranted, should be sought immediately and implemented within their validity
period.

For release of BGs, the proposal shall be forwarded by EIC with their recommendations in
accordance with the contract conditions, for approval by the CA with the concurrence of the Finance
Division.

In case the successful Bidder fails to submit the Performance Security within the stipulated time then
the award of work may be cancelled with forfeiture of the Bid Security/Earnest Money.

Additionally, the Company shall debar such defaulting Contractor from participating in future
tenders in concerned Subsidiary/CIL HQ for a period of minimum one year from the date of issue of
such letter.

56
 In case of JV/CONSORTIUM/Partnership firm, the debarment shall also be applicable to all
individual partners of JV/CONSORTIUM/Partnership firm.

3.1.3 Retention Money should be deducted at 5% from running on account bills. Total of performance
security and Retention Money should not exceed 10% of contract amount or lesser sum indicated in
the bid document. Retention Money may be refunded against equivalent Bank Guarantee, on written
request of the contractor, on its accumulation to a minimum amount of Rs 25 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.

3.2 The Guarantee amount shall be payable to the Employer without any condition whatsoever.

3.3 Performance Security / Retention Money shall be converted into Performance Guarantee on successful
completion of work in accordance with contract and upon satisfactory PG Test.

Performance security/ Retention Money/ security deposit submitted in the form of BG which shall be
valid for 90 days after the end date of scheduled completion and to be extended for minimum period
of 1(one) year in one instance which must cover the time period of 90 days beyond completion of
Defect Liability period.

3.4 The Performance Guarantee shall cover additionally the following guarantees to the Employer:
(a) The successful bidder guarantees the successful and satisfactory operation of the equipment
furnished and erected under the contract, as per the specifications and documents,
(b) The successful bidder further guarantees that the equipment provided and installed by him shall be
free from all defects in design, material and workmanship and shall upon written notice from the
employer, fully remedy free of expenses to the Employer such defects as developed under the
normal use of the said equipment within the period of guarantee specified in the relevant clause of
the Conditions of Contract.

3.5 The Contract Performance Guarantee is intended to secure the performance of the entire Contract.
However, it is not construed as limiting the damages under clause entitled 'Equipment Performance
Guarantee' in section Technical Conditions of Contract and damages stipulated in the other clauses in
the bidding documents.
3.6 All Bank Guarantees are to be submitted in the format prescribed by the company in the bid
document. Bank Guarantee shall be irrevocable and it shall be from any Scheduled Bank acceptable to
the owner. The BG issued by outstation bank shall be operative at its local branch at .............. or
branch at……..

3.7 The Company shall be at liberty to deduct/appropriate from the Contract Performance
Guarantee/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 Contract
Performance Guarantee/Security Deposit shall have to be restored by Contractor subsequently.

3.8 Performance Security deposit shall be returned to the Contractor after successful completion of 3
(Three) years of Defect Liability Period without any interest. The balance SD i.e. Retention Money
shall be released without any interest after successful completion of entire period of the Defect
Liability. Any defect/defects in the work, if detected during Guarantee Period/Defect Liability Period
shall be rectified or equipment/ system shall be replaced to the satisfaction of the engineer In-charge
within the said defect liability/ operation/ maintenance/guarantee period or its due extension till
completion of the rectification/ replacement works as required.

3.9 In case the successful bidder fails to submit the Performance security within the stipulated time then
the award of work may be cancelled with forfeiture of the bid security/ earnest money.
Additionally, the company shall ban such defaulting contractor as per the Guidelines of Debarment of
57
 firms from Bidding. In case of JV/CONSORTIUM/Partnership firm, the debarment shall also be
applicable to all individual partners of JV/CONSORTIUM/Partnership firm.

4.0 ASSIGNMENT AND SUBLETTING OF CONTRACT

4.1 Sub-contracting: The contract may provide for the contractor to get specified works executed from
sub-contractors included in the pre-qualification application or later agreed to by the Procuring Entity,
with a caveat that the responsibility for all sub-contract work rests with the prime contractor. Sub-
contracting may be for specialized items of work, such as reinforced earth retaining walls, pre-
stressing works, and so on. Procurement of material, hiring of equipment or engagement of labour
will not mean sub-contracting. The total value of subcontracted work should not exceed the
percentage of the contract price specified in the contract (say 25%). Sub-contracting by the contractor
without the approval of the Procuring Entity shall be a breach of contract, unless explicitly permitted
in the contract.

4.2 The contractor may, after informing the engineer and getting his written approval, assign or sub-let
the contract or any part thereof other than for raw materials, for minor detail or any part of the plant
for which makes are identified in the contract. Suppliers of the equipment not identified in the
contract or any change in the identified supplier shall be subject to approval by the engineer. The
experience list of the equipment vendors under consideration by the contractor for this contract shall
be furnished to the engineer for approval prior to procurement of all such items/equipment. Such
assignment sub-letting shall not relieve the contractor from any obligation, duty or responsibility
under the contract. Any assignment as above without prior written approval of engineer shall be void.
4.3 For components/equipment procured by the contractors for the purposes of the contract, after
obtaining the written approval of the owner, the contractor's purchase specifications and enquiries
shall call for quality plans to be submitted by the suppliers along with their proposals. The quality
plans called for from the vendors shall set out, during the various stages of manufacture and
installation, the quality practices and procedures followed by the vendor's quality control
organization, the relevant reference documents/standards used, acceptance level, inspection
documentation raised, etc. Such quality plans of the successful vendor shall be discussed and finalized
in consultation with the engineer and shall form a part of the purchase order/contract between the
contractor and the vendor. Within 3 weeks of the release of the same purchase order/contracts for
such bought out items/ components, a copy of the same without price details but together with
detailed purchase specifications, quality plans and delivery conditions shall be furnished to the
engineer by thecontractor.

5.0 PATENT RIGHTS AND ROYALTIES

Royalties and fees for patent covering materials, articles, apparatus, devices, equipment or processes
used in the works shall be deemed to have been included in the contract price. The contractor shall
satisfy all demands that may be made at any time for such royalties or fees and he alone shall be liable
for any damages or claims for patent infringements and shall keep the owner indemnified in that
regard. The contractor shall, at his own cost and expense, defend all suits or proceedings that may be
instituted for alleged infringement of any patent involved in the works, and, in case of an award of
damages, the contractor shall pay for such award. In the event of any suit or other proceedings
instituted against the owner, the same shall be defended at the cost and expense of the contractor who
shall also satisfy/comply and decree, order or award made against the owner. But it shall be
understood that no such machine, plant, work, material or thing has been used by the owner for any
purpose or any manner other than that for which they have been furnished and installed by the
contractor and specified under these specifications. Final payment to the contractor by the owner will
not be made while any such suit or claim remains unsettled. In the event any apparatus or equipment,
or any matter thereof furnished by the contractor, is in such suit or proceedings held to constitute
infringement, and its use is enjoined, the contractor shall, at his option and at his own expense, either
procure for the owner, the right to continue use of said apparatus, equipment or part thereof, replace it
with non-infringing apparatus or equipment or modify it, so it becomes non-infringing.
6.0 TIME - THE ESSENCE OF CONTRACT
6.1 The time and the date of completion of the works as stipulated in the contractor's proposal and
accepted by the owner without or with modifications, if any and so incorporated in the award letter
shall be deemed to be the essence of the contract. The contractor shall so organise his resources and
58
 perform his work as to complete it not later than the date agreed to.

6.2 The contractor shall submit a detailed PERT network within the time frame agreed above consisting
of adequate number of activities covering various key phases of the works such as design,
procurement, manufacturing, shipment and field erection activities within fifteen
(15) days after the date of acceptance of tender. This network shall also indicate the interface facilities
to be provided by the owner and the dates by which such facilities are needed. Contractor shall
discuss the network so submitted with the owner and the agreed network which may be in the form as
submitted or in revised form in line with the outcome of discussions and shall form part of the
contract to be signed within sixty (60) days from the date of letter of acceptance of notice of award of
contract. During the performance of contract, if in the opinion of the engineer proper progress is not
maintained suitable changes shall be made in the contractor's operations to ensure proper progress.
For the purpose of this detailed time and progress/ PERT chart, the works shall be deemed to have
commenced on the expiry of 30 days from the issue of letter of acceptance or seven days after
handingover the site of work, whichever is later.

6.3 The above PERT network shall be reviewed and periodic review reports shall be submitted by the
contractor as directed by the engineer.

6.4 Subsequent to the award of the contract, the contractor shall make available to the engineer, a detailed
manufacturing programme, in line with the agreed contract network. Such manufacturing programme
shall be reviewed, updated and submitted to the Engineer, once every two month thereafter.

7.0 CONTRACT PRICE

The lump sum prices quoted by the contractor in his bid with additions and deletions as may be
agreed before signing of the contract, for the entire scope of the work including furnishing and
erection of equipment covered under the specifications and documents and shall be treated as the
contract price.

8.0 CHANGED QUANTITY

The owner reserves the right to vary the quantities of items or groups of items to be ordered as
specified in the accompanying technical specifications, as may be necessary, during the execution of
the contract, but such variations unless otherwise specified in the accompanying technical
specifications shall be limited to plus or minus twenty percent (20%) of the original quantity ordered.

9.0 DEDUCTIONS FROM CONTRACT PRICE

9.1 All costs, damages or expenses which the owner may have paid, for which under the contract the
contractor is liable, will be claimed by the owner. All such claims shall be intimated by the owner to
the contractor regularly as and when they fall due. Such claims shall be supported by appropriate and
certified vouchers or explanations, to enable the contractor to properly identify such claims. Such
claims shall be paid by the contractor within fifteen (15) days of the receipt of the corresponding
claims and if not paid by the contractor within the said period, the owner may then deduct the amount,
from any moneys due or becoming due by him to the contractor under the contract or may be
recovered by actions of law or otherwise, if the contractor fails to satisfy the owner of such claims and
to recover the amount from any money due to the contractor on any account or under any other
contract including contracts awarded by Coal India Ltd. or other subsidiaries and in the event of any
shortfall, the contractor shall be called upon to pay the same on demand.

10.0 CONTRACT PRICE ADJUSTMENT

10.1 All adjustments in the contract price shall be computed in accordance with the conditions and formulae
prescribed in the relevant clauses of 'Additional Terms and Conditions of Contract', the accompanying
technical specifications and further satisfying the requirements specified herein.
10.2 The contract price stated in the contract agreement is the base price. A certain fixed percentage of the
base price as indicated in the technical specifications shall not be subject to any price adjustment.
The balance percentage viz. the cost portion shall only be subject to price adjustment.

10.3 Price adjustment shall be applicable to the cost portion, only if changes in the cost of labour and
59
 materials (either increases or decreases) occur during the contract period, directly affecting the cost
portion.
10.4 Variations in the cost of materials shall be determined by comparing published material indices as on
the last date of submission of bid (inclusive of price part) or the revised price bid, whichever is later,
with the same indices published during the manufacture at the respective cut off periods for material
as specified in clause 2.0 of Additional Terms and Conditions of Contract. Variations in the cost of
labour shall be determined by comparing the wages as per the Minimum Wages Act of Central or
state govt. (whichever is higher) or HPC wages of CIL as applicable and mentioned in NIT as on the
last date of submission of bid (inclusive of price part) or the revised price bid, whichever is later, with
the same wages as per the Minimum Wages Act of Central or state govt. (whichever is higher) or
HPC wages of CIL as applicable and mentioned in NIT, during the work/manufacture applicable to
theplace of work/manufacture at the respective cut off periods for labour as specified in clause
2.0 of Additional Terms and Conditions of Contract of this Volume.

10.5 The total computed variation in the contract price shall be restricted to a limiting percentage as
specified in clause 2.5 of Additional Terms and Conditions of Contract of this volume.

10.6 The price adjustment for the erection shall be made on the value of erection work done as indicated in
each billing.

10.7 Every three months after the award of contract, and a month prior to shipment of equipment (in
the case of ex-factory price component of contract price), and every month after establishing his site
office (in the case of erection) the contractor shall submit to the engineer a written notice of the
changes, if any, that have occurred in the specified material and labour indices during the previous
reporting period containing the effective date of such change, the amount of change, the amount of
contract price adjustment and documentary evidence to substantiate the price adjustment.

10.8 The contract price adjustment provisions detailed above, shall only be applicable if so specified in the
Additional Terms and Conditions of Contract.

11.0 PACKING, FORWARDING AND SHIPMENT

11.1 The contractor, wherever applicable, shall after proper painting, pack and crate all equipment in such a
manner as to protect them from deterioration and damage during rail and road transportation to the
site and storage at the site till the time of erection. The contractor shall be held responsible for all
damages due to improper packing.

11.2 The contractor shall notify the owner of the date of each shipment from his works, and the expected
date of arrival at the site for the information of the owner.

11.3 The contractor shall also give all shipping information concerning the weight, size and content of each
packing including any other information the owner may require.

11.4 The following documents shall be sent by registered post to the owner within 3 days from the date of
shipment, to enable the owner to make progressive payments to the contractor: the payment shall be
made only after receipt and acceptance of material at site in good condition.

Application for payment in the standard format of the owner (3 copies),

Invoice (6 copies),
Packing list (6 copies),
Pre-dispatch clearance certificate, if any (3 copies), Test certificate, wherever applicable (3copies),

11.5 The contractor shall prepare detailed packing list of all packages and containers, bundles and loose
material forming each and every consignment dispatched to site. The contractor shall further be
responsible for making all necessary arrangements for loading, unloading and other handling right
from his works up to the site and also till the equipment is erected, tested and commissioned. He shall
be solely responsible for proper storage and safe custody of all equipment.

60
12.0 DEMURRAGE, WHARFAGE, ETC.
All demurrage, wharfage and other expenses incurred due to delayed clearance of the material or any
other reason shall be to the account of the contractor.

13.0 INSURANCE
13.1 The contractor shall arrange, secure and maintain insurance as may be necessary and for all
such amounts to protect his interests and the interests of the owner, against all risks as detailed
herein in the joint names of the Owner and the Contractor with the condition that payments against all
claims shall be payable by insurers to the owner as elaborated at clause 13.5. All premiums and other
charges of the said insurance policies shall be paid by the contractor. The form and the limit of such
insurance, as defined herein together with the under-writer thereof in each case shall be acceptable to
the owner. However, irrespective of such acceptance, the responsibility to maintain adequate
insurance coverage on comprehensive all risks basis at all time during the period of contract shall be
that of the contractor alone. The contractor's failure in this regard shall not relieve him of any of his
contractual responsibilities and obligations.

13.2 Any loss of damage to the equipment, during handling, transporting, storage and erection, till such
time the plant is taken over by the owner, shall be to the account of the contractor. The contractor
shall be responsible for preferring of all claims and make good for the damage or loss by way of
repairs and/or replacement of the portion of the works damaged or lost. The transfer of title shall not
in any way relieve the contractor of the above responsibilities during the period of the contract. The
contractor shall provide the owner with a copy of all insurance policies and documents taken out by
him in pursuance of the contract. Such copies of document shall be submitted to the owner
immediately after such insurance coverage. The contractor shall also inform the owner in writing at
least sixty (60) days in advance, regarding the expiry, cancellation and/or change in any of such
documents and ensure revalidation/renewal, etc. as may be necessary well in time.

13.3 The risk that are to be covered under the insurance shall include, but not be limited to, the loss or
damage in transit, storage at site, theft, pilferage, riot, civil commotion, weather conditions, accidents
of all kinds, fire, etc. The scope of such insurance shall cover the entire value of the works from
time to time.
13.4 All costs on account of insurance liabilities covered under the contract will be on contractor's account
and will be included in contract price. However, the owner may from time to time, during the
pendency of the contract, ask the contractor in writing to limit the insurance coverage risks and in
such a case, the parties to the contract will agree for a mutual settlement for reduction in contract
price to the extent of reduced premium amounts.

13.5 All insurance claims, payable by the insurers, shall be paid to the Owner which shall be released to the
contractor in installments as may be certified by the Engineer-in-charge for the purpose of rebuilding
or replacement or repair of the works and/or goods destroyed or damaged for which payment was
received from the insurers.

13.6 The clause entitled insurance under the section erection terms and conditions of contract of this
volume, covers the additional insurance requirements for the portion of the works to be performed at
the site of work.

14.0 LIABILITY FOR ACCIDENTS AND DAMAGES

Under the contract, the contractor shall be responsible for loss or damage to the plant until the plant is
taken over in accordance with clause entitled 'Taking Over' in section technical terms and conditions
of contract of this volume.

15.0 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION & INCENTIVES/ BONUS FOR
EARLY COMPLETION
15.1 If the contractor fails to maintain the required progress in terms of the agreed time and progress chart
or to complete the work and clear the site on or before the date of completion of contract or extended
date of completion, he shall without prejudice to any other right or remedy available under the law to
the company on account of such breach, pay as compensation/ Liquidated Damages @ half percent
(1/2%) of the contract price per week or part thereof of delay. The aggregate of such compensation/
61
 compensations shall not exceed 10 (ten) percent of the total value as shown in the contract.

This will also apply to items or group of items for which separate period of completion has been
specified. The amount of compensation may be adjusted or setoff against any sum payable to the
contractor under this or any other contract with the company.

15.1.1 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 of10% of the contract price.

15.1.2 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.

15.1.3 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.

15.1.4 In the event of such termination of the contract as described in clauses 15.1.2 or 15.1.3 or both, the
company, shall be entitled to recover L.D. upto ten percent (10%) of the contract value besides
recovery of compensation for damage/loss for termination as provided in
20.6 of General Terms and Conditions of Contract.

15.2 The company may waive the payment of compensation, depending upon merit of the case, on request
received from the contractor if the entire work is completed within the date as specified in the contract
or as validly extended without stipulating any penalty.

15.3 Incentives/ Bonus

Provision of incentives for completion of work before schedule should be sparingly made after careful
assessment of tangible benefits therefrom and disclosed in the tender documents in clear monetary
terms with approval of Estimate Approving Authority.
Incentives/ Bonus of one percent of the contract value per month subject to a maximum of five percent
of contract value, for early completion be built into the contract very judiciously. To avail the
incentive clause, it shall be mandatory on the part of the contractor to report the actual date of
completion to the concerned Engineer-in-charge. The Engineer-in-charge shall report the actual date of
completion of the works as soon as possible so that the report is received within seven days of such
completion by the concerned CA. The completion of work shall mean here satisfactory completion of
work without any defects to the satisfaction of EIC.
The payment of incentives/ bonus shall be done after the completion of defect liability period (DLP).
This clause shall be applicable for Original Works (valuing not less than Rs.100 crore including GST)
only.
16.0 CONTRACTOR'S DEFAULT
16.1 If the contractor shall neglect to execute the works with the diligence and expedition or shall refuse or
neglect to comply with any reasonable orders given to him, if writing by the engineer in connection
with the works or shall contravene the provisions of the contract, the owner may give notice in
writing to the contractor to make good the failure, neglect or contravention complained of. Should the
contractor fail to comply with the notice within thirty
(30) days from the date of service thereof, then and in such case the owner shall be at liberty to
employ other workmen and forthwith execute such part of the works as the contractor may have
neglected to do or if the owner shall think fit, it shall be lawful for him, without prejudice to any other
right he may have under the contract, to take the works wholly or in part thereof and in that event the
owner shall have free use of all contractor's equipment that may have been at the time on the site in
62
 connection with the works without being responsible to the contractor for fair wear and tear thereof
and to the exclusion of any right of the contractor over the same, and the owner shall be entitled to
retain and apply any balance which may otherwise be due on the contract by him to the contractor, or
such part thereof as may be necessary, the payment of the cost of executing the said part of the works
or of completing the works as the case may be. If the cost of completing the works or executing a part
thereof as aforesaid shall exceed the balance due to the contractor, the contractor shall pay such
excess. Such payment of excess amount shall be independent of the liquidated damages for delay
which the contractor shall have to pay if the completion of works is delayed.

16.2 In addition, such action by the owner as aforesaid shall not relieve the contractor of his liability to pay
liquidated damages for delay in completion of works as defined in clause 15.0 of this section.

16.3 The termination of the contract under this clause shall not entitle the contractor to reduce the value of
the performance bank guarantee nor the time thereof. The performance guarantee shall be valid for
the full value and for the full period of the contract including guarantee period.

16.4 The bidding documents will clearly state that, if the contractor fails to complete the work and the
order is cancelled, the amount due to him on account of work executed by him, if payable, shall be
paid to him only after due recoveries as per the provisions of the contract and that too after alternative
arrangements to complete the work has been made.

17.0 FORCE MAJEURE

17.1 Force majeure is herein defined as any cause which is beyond the control of the contractor or the
owneras the case may be which they could not foresee or with a reasonable amount of diligence could
not have foreseen and which substantially affect the performance of the contract, such as:
(a) natural phenomena, including but not limited to floods, draughts, earthquakes and epidemics:
(b) acts of any government, including but not limited to war, declared or undeclared, priorities,
quarantines, embargoes, provided either party shall within fifteen (15) days from the occurrence of
such a cause notify the other in writing of such causes.
(c) The successful Bidder/ Contractor will advise, in the event of his having resort to this clause by a
registered letter duly certified by the local chamber of commerce or statutory authorities, the
beginning and end of the cause of delay, within fifteen days of the occurrence and cessation of such
Force Majeure condition. In the event of delay lasting over two months, if arising out of Force
Majeure, the contract may be terminated at the discretion of the company.

(d) For delays arising out of Force Majeure, the successful Bidder/ Contractor will not claim extension in
completion date for a period exceeding the period of delay attributable to the causes of Force
Majeure and neither company nor the successful Bidder/ Contractor shall be liable to pay extra costs
(like increase in rates, remobilisation advance, idle charges for labour and machinery etc.) provided it
is mutually established that the Force Majeure conditions did actually exist.

(e) If any of the Force Majeure conditions exists in the place of operation of the bidder even at the time
of submission of bid he will categorically specify them in his bid and state whether they have been
taken into consideration in their quotations.

17.2 The contractor or the owner shall not be liable for delays in performing his obligations resulting from
any force majeure cause as referred to and/or defined above. The date of completion will, subject to
hereinafter provided, be extended by a reasonable time even though such cause may occur after
contractor's performance of his obligations has been delayed for other causes.
18.0 DELAYS BY OWNER OR HIS AUTHORISED AGENT

18.1 Delays in Execution

i) A work may be completed ahead of schedule or delayed due to unforeseen fortuitous circumstances,
extra effort or developments beyond the control of the procuring entity or the tenderer and it is
sometimes difficult to apportion credit or responsibility. The contractor may experience delay or
disruption due to his own actions or inaction, those of his sub-contractor or other contractors, those of
the procuring entity or the engineer, or other causes. Such delays expose the non-performing party to
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 various sanctions under the contract.

These sanctions include extension of time, damages or default termination of the contract. While
examining the request of the contractor for extension of time, the engineer shall consider all
circumstances and categorise the delays as follows:
a) Excusable delays - Force Majeure (FM), that is, acts of God, abnormal weather, floods, and
so on, applies;
b) Compensable delays – or Compensation Events, which put full burden of responsibility on
the Procuring Entity as covered in the GCC; and
c) Inexcusable delay (contractor’s own faults), which puts the full burden of responsibility on
the contractor.
d) Concurrent delays - when two or more events responsible for delay overlap each other. The
delays may be attributable to the Procuring Entity or the contractor or none, and fall in
above categories. The eligibility for extension of time (EOT) should be determined by
plotting each contributing concurrent delay on the critical path. The Procuring Entity should
see that the concurrent delays do not result in unnecessary extra extension of time.
ii) Once the delay is categorised, it should then be determined not only whether the contractor is
eligible for time extension but also whether sanctions, such as Liquidated Damage (LD) or default
termination, can be imposed on the contractor.

18.2 In case the contractor's performance is delayed due to any act of omission on the part of the owner
or his authorised agents, then the contractor shall be given due extension of time for the completion of
the works, to the extent such omission on the part of the owner has caused delay in the contractor's
performance of his work. Regarding reasonableness or otherwise of the extension of time, the
decision of the engineer shall be final.

19.0 Extension of date of completion

19.1 On happening of any events causing delay as stated hereinafter, the contractor shall intimate
immediately in writing the Engineer-in-charge:
a. due to any reasons defined as Force Majeure.
b. non-availability of stores which are the responsibility of the owner to supply
c. non-availability or breakdown of tools and plant to be made available or made available by the
owner
d. delay on the part of the contractors or tradesmen engaged by the owner not forming part of the
contract, holding up further progress of the work
e. non-availability of working drawings/work programme in time, which are to be made available
bythe company during progress of the work
f. any other causes which, at the sole discretion of the company is beyond the control of the
contractor.
19.2 A "Hindrance Register" shall be maintained by both the Company and the Contractor at site to record
the various hindrances, as mentioned above, encountered during the course of execution.

19.3 The contractor may request the company in writing for extension of time within 15 days of happening
of such event causing delay stating also, if practicable, the period for which extension is desired. The
company may, considering the eligibility of the request, give a fair and reasonable extension of time
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 month of the date of receipt of such request. The
contractor shall however use his best efforts to prevent or make good the delay by putting his
endeavors constantly as may be reasonably required of him to the satisfaction of the Engineer-in-
charge.

19.4 Interim 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 liquidated damages at the
time of granting final extension of time as per contract agreement.

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

19.6 In case the Contractor does not apply for grant of extension of time within 15 (fifteen) days of
hindrance occurring in execution of the work and the Company wants to continue with the work
beyond the stipulated date of completion for reason of the work having been hindered, the Engineer-
in-charge at his sole discretion can grant interim 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 contract.

19.7 All interim extensions of time shall be granted by Tender Accepting Authority limited to Director
(Tech) for works approved by Chairman/FDs/Board and Area GM for area works and all final
extension of time shall be granted by Tender Accepting Authority limited to Chairman/ CMD of
CIL/ Subsidiary.

Effort should be made to complete the work within the original contract period or extended period.

20.0 Cancellation, Termination, Suspension & Foreclosure of Contract

20.1 Cancellation of Contract-The owner 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. 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
d. shall offer or give or agree to give any person in the service of the company or to any other
person on his behalf any gift or consideration of any kind as an inducement or reward for act/acts of
favour in relation to the obtaining or execution of this or any other contract for the company.
or
e. Shall try to obtain a contract with the company by way of ring tendering or other non-
bonafide method of competitive tendering.
or
f. transfers, sublets, assigns 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.

20.2 The owner shall in such an event give fifteen (15) days’ notice in writing to the contractor of his
decision to do so.

20.3 The contractor upon receipt of such notice shall discontinue the work on the date and to the extent
specified in the notice, make all reasonable efforts to obtain cancellation of all orders and contracts to
the extent they are related to the work terminated and terms satisfactory to the owner, stop all further
sub-contracting or purchasing activity related to the work terminated, and assist the owner in
maintenance, protection, and disposition of the works acquired under the contract by the owner.

20.4 Termination of Contract-The contract shall stand terminated under the following circumstances
unless the owner is satisfied that the legal representatives of the individual contractor or of the
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 proprietor of the proprietary concern and in the case of partnership the surviving partners, are capable
of carrying out and completing the contract and the owner shall in any way not be liable to payment of
any compensation to the estate of deceased contractor and/or to the surviving partners of the
contractor's firm on account of the termination of the contract.:

a. If the contractor being an individual in the case of proprietary concern or in the case of a
partnership firm any of its partners is declared insolvent under the provisions of insolvency act for
the time being in force, or makes any conveyance or assignment of his effects or composition or
arrangement for the benefit of his creditors amounting to proceedings for liquidation or composition
under any insolvency act.
b. In the case of the contractor being a company, its affairs are under liquidation either by a
resolution passed by the company or by an order of court, not being a voluntary liquidation
proceeding for the purpose of amalgamation or reorganisation, or a receiver or manager is
appointed by the court on the application by the debenture holders of the company, if any.
c. If the contractor shall suffer an execution being levied on his/their goods, estates and allow it to
be continued for a period of 21 days.
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.

20.5 If the contractor is an individual or a proprietary concern and the individual or the proprietor dies and
if the contractor is a partnership concern and one of the partners dies, then unless the owner is
satisfied that the legal representatives of the individual contractor or of the proprietor of the
proprietary concern and in the case of partnership the surviving partners, are capable of carrying out
and completing the contract the owner shall be entitled to cancel the contract as to its incomplete part
without being in any way liable to payment of any compensation to the estate of deceased contractor
and/or to the surviving partners of the contractor's firm on account of the cancellation of the contract.

The decision of the owner that the legal representatives of the deceased contractor or surviving
partners of the contractor's firm cannot carry out and complete the contract shall be final and
binding on the parties. In the event of such cancellation the owner shall not hold the estate of the
deceased contractor and/or the surviving partners of the estate of the deceased contractor and/or the
surviving partners of the contractor's firm liable to damages for not completing the contract.

20.6 On cancellation of the contract or on termination of the contract, the Engineer-in-charge shall have
powers
a. To take possession of the site and any materials, constructional plant, implements, stores, etc.
thereon.
b. In such an event, the contractor shall be liable for loss/damage suffered by the employer
because of action under this clause and to compensate for this loss or damage, the employer shall be
entitled to recover higher of the following:
i) Forfeiture of security deposit comprising of performance guarantee and retention money at the
disposal of the employer.
or
ii) 20% of value of incomplete work (Contract Value minus already executed value of the work).

The amount to be recovered from the contractor as determined above, shall, without prejudice to any
other right or remedy available to the employer as per law or as per agreement, will be recovered from
any money due to the contractor on any account or under any other contract and in the event of any
shortfall, the contractor shall be liable to pay the same within 30 days. In case of failure to pay the
same the amount shall be debt payable.

In the event of above course being adopted by the Engineer-in-charge, the contractor shall have no
claim to compensation for any loss sustained by him by reasons of his having purchased materials,
equipment or entered into agreement or made advances on any account or with a view to the
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 execution of work or performance of the contract. And in case action is taken under any of provision
aforesaid, the contractor shall not be entitled to recover or to be paid any sum for any work thereof or
actually performed under this contract unless and until the engineer-in-charge has certified in writing
the performance of such work and value payable in respect thereof and he shall only be entitled to be
paid the value so certified.

The need for determination of the amount of recovery of any extra cost/expenditure or of any
loss/damage suffered by the company shall not however arise in the case of termination of the
contract for death/demise of the contractor.

20.7 Suspension of Contract- The company shall have power to suspend the progress of 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 the part of the
contractor, or on ground of safety of the work or part thereof. In the event of suspension for reason
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. Any necessary and demonstrable costs incurred by the
contractor as a result of such suspension of the works will be paid by the owner, provided such costs
are substantiated to the satisfaction of the engineer. The owner shall not be responsible for any
liabilities if suspension or delay is due to some default on the part of the contractor or his sub-
contractor.
The work shall, throughout the stipulated period of contract, be carried out with all due diligence on
the part of the contractor. In the event of termination or suspension of the contract, on account of
default on the part of the contractor, as narrated hereinbefore, the security deposit and other dues of
this work or any other work done under this company shall be forfeited and brought under the
absolute disposal of the company provided, that the amount so forfeited shall not exceed 10% of the
contract value.
20.8 Foreclosure of Contract (in full or in part) - If at any time after acceptance of the tender, the company
decides to abandon or reduce the scope of the work for any reason whatsoever the company,
through its Engineer-in-charge, shall give notice in writing to that effect to the contractor. In the event
of abandonment/reduction in the scope of work, the company shall be liable:
a. to pay the contractor at the contract rates full amount for works executed and measured at site upto
the date of such abandonment/reduction in the work.
b. to pay reasonable amount assessed and certified by the Engineer-in-charge of the expenditure
incurred, if any, by the contractor on preliminary works at site. e.g. temporary access roads,
temporary construction for labour and staff quarters, office accommodation, storage of materials,
water storage tanks and supply for the work including supply to labour/staff quarters, office, etc.
c. to pay for the materials brought to site or to be delivered at site, which the contractor is legally
liable to pay, for the purpose of consumption in works carried out or were to be carried out but for
the foreclosure, including the cost of purchase and transportation and cost of delivery of such
materials. The materials to be taken over by the company shouldbe in good condition and the
company may allow at its discretion the contractor to retain the materials in full or part if so
desired by him and to be transported by the contractor from site to his place.
d. to take back the materials issued by the company but remaining unused, if any, in the work on the
date of abandonment/reduction in the work, at the original issued price less allowance for any
deterioration or damage caused while in custody of the contractor
e. to pay for the transportation of tools and plants of the contractor from site to contractor's place or to
any other destination, whichever is less.

The contractor shall, if required by the Engineer-in-charge, furnish to him books of accounts, papers,
relevant documents as may be necessary to enable the Engineer-in-charge to assess the amount
payable in terms of para 20.8 (b), (c) and (e) above, the contractor shall not have any claim for
compensation whatsoever either for abandonment or for reduction in the scope of work, other than
those as specified above.

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21.0 NO WAIVER OF RIGHTS
Neither the inspection by the owner or the engineer or any of their officials, employees or agents nor
any order by the owner or the engineer for payment of money or any payment foror acceptance of, the
whole or any part of the works by the owner or the engineer, nor any extension of time, nor any
possession taken by the engineer shall operate as a waiver of any provision of the contract, or of any
power herein reserved to the owner, or any right to damages herein provided, nor shall any waiver of
any breach in the contract be held to be a waiver of any other or subsequent breach.
22.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF
CONTRACTOR
No interim payment certificate of the engineer, nor any sum paid on account, by the owner, nor any
extension of time for execution of the works granted by the engineer shall affect orprejudice the
rights of the owner against the contractor or relieve the contractor of his obligations for the
due performance of the contract, or be interpreted as approval of the works done or of the
equipment furnished and no certificate shall create liability for the owner to pay for
alterations,amendments, variations or additional works not ordered, inwriting, by the engineer or
dischargethe liability of the contractor for the payment of damages whether due, ascertained, or
certified or not, or any sum against the payment of which he is bound to indemnify the owner, nor
shall any such certificate nor the acceptance by him of any sum paid on account or otherwise affect
of prejudice the rights of the contractor against the owner.

23.0 GRAFTS AND COMMISSIONS ETC.

Any graft, commission, gift or advantage given, promised or offered by or on behalf of the contractor
or his partner, agent, officers, director, employee or servant or any one of his or their behalf in
relation to the obtaining or to the execution of this or any other contract with the owner, shall, in
addition to any criminal liability which it may incur, subject the contractor to the cancellation of this
and all other contracts and also to payment of any loss or damage to the owner resulting from any
cancellation. The owner shall then be entitled to deduct the amount so payable from any moneys
otherwise due to the contractor under the contract.
24.0 LANGUAGE AND MEASURES
All documents pertaining to the contract including specifications, schedules notices, correspondence,
operating and maintenance instructions, drawings or any other writing shall be written in English
language. The metric system of measurement shall be used exclusively in the contract.

25.0 RELEASE OF INFORMATION

The contractor shall not communicate or use in advertising, publicity, sales releases or in any other
medium photographs or other reproduction of the works under this contract, or descriptions of the
site, dimensions, quantity, quality or other information, concerning the works unless prior written
permission has been obtained from the owner.

26.0 CONSTRUCTION OF THE CONTRACT

26.1 In case, Owner hands over his equipment to the Contractor for executing, then the Contractor shall
at the time of taking delivery of the equipment/ despatch documents be required to execute an
indemnity bond in favour of the Owner in the form acceptable to the Owner for keeping the
equipment in safe custody and to utilise the same exclusively for the purpose of the said contract.
26.2 The contract shall in all respects be construed and governed according to Indian Laws.

26.3 It is clearly understood that the total consideration for the contract (s) has been broken up into
various components only for the convenience of payment of advance under the contract (s) and for
the measurement of deviations or modifications under the contract (s).
27.0 COMPLETION OF CONTRACT
Unless otherwise terminated under the provisions of any other relevant clause, this contract shall be
deemed to have been completed at the expiration of the guarantee period as provided for under the
clause entitled 'Guarantee' in this section.

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28.0 ENFORCEMENT OF TERMS
The failure of either party to enforce at any time of the provisions of this contract or any
rightsin respect thereto or to exercise any option herein provided, shall in no way be construed to be a
waiver of such provisions, rights or options or in any way to affect the validity of the contract. The
exercise by either party of any of its rights herein shall not preclude or prejudice either party from
exercising the same or any other right it may have hereunder.
29.0 ENGINEER'S DECISION
29.1 In respect of all matters which are left to the decision of the engineer including the granting or with
holding of the certificates, the engineer shall, if required to do so by the contractor give in writing a
decision thereon.
29.2 If in the opinion of the contractor, a decision made by the engineer is not in accordance with the
meaning and intent of the contract, the contractor may file with the engineer within fifteen (15) days
after receipt of the decision, a written objection to the decision. Failure to file an objection within
the allotted time will be considered as acceptance of the engineer's decision and the decision shall
become final and binding.
29.3 The engineer's decision and the filling of the written objection thereto shall be a condition precedent
to the right to any legal proceedings. It is the intent of the agreement that there shall be no delay in
the execution of the works and the decision of the engineer as rendered shall be promptly observed.
30.0 CO-OPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEERS
The contractor shall agree to co-operate with the owner's other contractors and consulting engineers
and freely exchange with them such technical information as is necessary to obtain the most efficient
and economical design and to avoid unnecessary duplication of efforts. The engineer shall be
provided with three copies of all correspondence addressed by the contractor to other sub-contractors
and consulting engineers in respect of such exchange of technical information,

31.0 TRAINING OF OWNER’S PERSONNEL

31.1 The contractor shall undertake to train free of cost, engineering personnel selected and sent by the
owner at the works of the contractor unless otherwise specified in the technical specifications. The
period and the nature of training for the individual personnel shall be agreed upon mutually between
the contractor and the owner. These engineering personnel shall be given special training in the
shops, where the equipment will be manufactured and/or their collaborator's works and where
possible, in any other plant where equipment manufactured by the contractor or his collaborator is
under installation or test, to enable those personnel to become familiar with the equipment being
furnished by the contractor.
31.2 All traveling and living expenses for the engineering personnel to be trained during the total period
of training will be borne by the owner. These engineering personnel while undergoing training shall
be responsible to the contractor for discipline.
31.3 In the event of the owner, for any reason, failing to avail of the training facilities, he shall not be
entitled for any rebate whatsoever on this account.
32.0 POWER TO VARY OR OMIT WORK
32.1 No alterations, amendments, omissions, suspensions or variations of the works (hereinafter referred
to as 'Variation') under the contract as detailed in the contract documents, shall be made by the
contractor except as directed in writing by the engineer, but the engineer shall have full power
subject to the provision hereinafter contained from time to time during the execution of the contract,
by notice in writing, to instruct the contractor to make such variation without prejudice to the
contract. The contractor shall carry out such variation and be bound by the same conditions as far as
applicable as though the said variation occurred in the contract documents. If any suggested
variationwould, in the opinion of the contractor, if carried out, prevent him from fulfilling any of his
obligations or guarantees under the contract, he shall notify the engineer there of in writing and the
engineer shall decide forthwith, whether or not the same shall be carried out and if the engineer
confirm his instructions, contractor's obligations and guarantees shall be modified to such an extent
as may be mutually agreed. Any agreed difference in cost occasioned by any such variation shall be
added to or deducted from the contract price as the case may be.
32.2 In the event of the engineer requiring any variation, such reasonable and proper notice shall be given
to the contractor to enable him to work his arrangements accordingly, and in cases where goods or
materials are already prepared or any design, drawings of pattern made or work done requires to be

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 altered, a reasonable and agreed sum in respect thereof shall be paid to the contractor.
32.3 In any case in which the contractor has received instructions from the engineer as to the requirement
of carrying out the altered or additional substituted work which either then or later on, will in the
opinion of the contractor, involve a claim for additional payments, the contractor shall immediately
and in no case later than thirty (30) days, after receipt of the instructions aforesaid and before
carrying out the instructions, advise the engineer to that effect. But the engineer shall not become
liable for the payment of any charges in respect of any such variations, unless the instructions for
the performance of the same shall be confirmed in writing by the engineer.
32.4 If any variation in the works, results in reduction of contract price, the parties shall, agree, inwriting,
so to the extent of any change in the price, before in contractor proceeds with the change.
32.5 In all the above cases, in the event of a disagreement as to the reasonableness of the said sum, the
decision of the engineer shall prevail.
32.6 Notwithstanding anything stated above in this clause, the engineer shall have the full power to
instruct the contractor, in writing, during the execution of the contract, to vary to quantities of the
items or groups of items. The contractor shall carry out such variations and be bound by the same
conditions, as though the said variations occurred in the contract documents. However, the contract
price shall be adjusted at the rates and the prices provided for the original quantities in the contract.

33.0 GUARANTEE/ DEFECT LIABILITY

31.1 The Contractor shall ensure that the goods supplied under the Contract are new, unused and of
most recent or current models and incorporate all recent improvements in design and materials
unless provided otherwise in the Contract and be free from defects in material, design,
manufacture and workmanship for a period of One Hundred Twenty (120) calendar months
commencing immediately upon the satisfactory completion of the Performance Guarantee (PG)
Test.
31.2 PV modules used in grid connected solar power plants must be warranted for peak output power
at Standard Testing Condition STC), which shall not be less than 90% at the end of ten (10) years
and not less than 80% at the end of twenty-five (25) years.
31.3 All plant equipment and components and overall workmanship of the grid connected solar power
plants shall be warranted for a minimum of 10 years. Solar PV Modules shall have product
warranty for 10 years and performance warranty for 25 years.
31.4 At the end of Contract period, the Contractor’s liability shall cease. Owner shall be entitled to the
benefit of such warranty given to the Contractor by the original contractor or manufacturer or
supplier of such goods.
33.5 The contractor's liability shall be limited to the replacement of any defective parts in the
equipment of his own manufacture or those of his sub-contractor (s)/ sub-vendor (s) or
replacement of the complete equipment, under normal use and arising solely form faulty design,
manufacture, materials, and/or workmanship provided always that such defective parts/
equipment are repairable at the site/ replacing the equipment as a whole without hampering the
operation of the plant. Such replaced defective parts/ old equipment shall be returned to the
contractor unless otherwise arranged. No repairs or replacements shall be carried out by the
engineer in charge of the employer during the 120 calendar months, as the plant is under the
supervision of the contractor's supervisory engineers/staff.
33.6 The operation of the plant will be done departmentally by the respective subsidiary companies or
by the EPC contractor, as per provisions of tender document. However, in both cases the
successful EPC contractor shall be responsible for maintaining the plant during 120 calendar
months including repair, replacement of the spare parts, components, equipment etc. free of cost.
33.7 If the facilities or any part thereof cannot be used by reason of such defect and/or making good
such defect, 120 calendar months (i.e. ten years of Defect liability period (DLP) including
maintenance of plant by contractor or ten years of Maintenance of plant by contractor, as per the
provisions of tender document) of any facilities or such part, as the case may be, shall be
extended by a period equal to the period during which the facilities or such part cannot be
used by the employer because of aforesaid reasons.
33.8 In case of failure of any equipment/system in during the initial period of 120 calendar months (i.e.
ten years of Defect liability period (DLP) including maintenance of plant by contractor or ten
years of DLP including Maintenance of plant by contractor, as per the provisions of tender
document) the EPC contractor shall repair/replace the equipment/ system etc. at his own cost.

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34.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS
34.1 If during the progress of the works the engineer shall decide and inform in writing to the contractor,
that the contractor has manufactured any plant or part of the plant unsound or imperfect or has
furnished any plant inferior than the quality specified, the contractor on receiving details of such
defects or deficiencies shall at his own expense within seven (7) days of his receiving the notice, or
otherwise, within such time as may be reasonably necessary for making it good, proceed to alter, re-
construct or remove such work and furnish fresh equipment up to the standards of the
specifications. In case the contractor fails to do so, the engineer may on giving the contractor
seven
(7) days' notice in writing of his intentions to do so, proceed to remove the portion of the works so
complained of and, at the cost of the contractor, perform all such work or furnish all such equipment
provided that nothing in this clause shall be deemed to deprive the owner of or affect any rights
under the contract which the owner may otherwise have in respect of such defects and deficiencies.
34.2 The contractor's full and extreme liability under this clause shall be satisfied by the payments to the
owner of the extra cost, of such replacement procured, including erection, as provided for in the
contract, such extra cost being the ascertained difference between the price paid by the owner for
such replacements and the contract price portion for such defective plant and repayments of any
sum paid by the owner to the contractor in respect of such defective plant. Should the owner not so
replace the defective plant, the contractor's extreme liability under this clause shall be limited to
repayment of all sums paid by the owner under the contract for such defective plant.
35.0 DEFENCE OF SUITS
If any action in court is brought against the owner or engineer or an officer or agent of the owner. for
the failure or neglect on the part of the contractor to perform any acts, matters, covenants or things
under the contract, or for damage or injury caused by the alleged omission or negligence on the
part of the contractor, his agents, representatives or his sub- contractors, workmen, suppliers or
employees, the contractor shall in all such cases indemnify and keep the owner, and the engineer
and/or his representative, harmless from all losses, damages, expenses or decrees arising of such
action.
36.0 LIMITATIONS OF LIABILITIES
Except in cases of criminal negligence or willful misconduct,
i) Notwithstanding anything herein to the contrary, no party shall be liable for any indirect, special,
punitive, consequential or exemplary damages, whether foreseeable or not, arising out of or in
relation to this contract, loss of goodwill or profits, lost business however characterized, any/or from
any other remote cause whatsoever.
ii) The contractor shall not be liable to the Owner for any losses, claims, damages, costs or expenses
whatsoever arising out of or in connection with this contract in excess of the contract value of the
work which caused such losses, claims, damages, costs or expenses.
iii) However, the limitation of liability of the contractor indicated above shall not apply to liquidated
damages.

37.0 MARGINAL NOTES

The marginal notes to any clause of the contract shall not affect or control the construction of such
clause.

38.0 TAXES, PERMITS & LICENCES

38.1 The contractor shall be liable and pay all- Indian taxes, (other than GST) duties, levies, royalties,
whether local, municipal, provincial or central lawfully assessed against the owner or the contractor in
pursuance of the contract. In addition, the contractor shall be responsible for payment of all Indian
duties, levies and taxes lawfully assessed against the contractor forhis personal income and property
only. This clause shall be read in conjunction with clause
11.3 of Instruction to Bidders.

The contractor, along with his bills, shall submit proper documents in the name of the Company to
enable the Company Claim Input Tax Credit under the applicable laws. The invoice shall be in
compliance with the relevant rules.

CIL/ Subsidiary is entitled to avail Input Tax Credit on account of: CGST, SGST/UTGST, IGST and
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 GST Compensation Cess, as applicable for indigenous product/imported products. Hence set off
allowed against CGST, SGST/UTGST, IGST and GST Compensation Cess as per relevant rules/act.
Contractor shall submit relevant document as desired by CIL/ Subsidiary at the time of supply, along
with the bills/invoice as per relevant rules for enabling CIL/ Subsidiary to claim Input tax credit
benefit.

38.2 The Company shall deduct Income Tax as per prevalent rate from time to time from the gross
amount (excluding GST) of the bill payable to the contractor; at present the rate of deduction is 1%
for individual/proprietorship firm and 2% for others. However, if the contractor produces a certificate
from the Income Tax authorities for no deduction of tax/deduction of tax at reduced rate, the same
shall be complied with by the Company.
39.0 PROGRESS REPORTS AND PHOTOGRAPHS
During the various stages of the works in the pursuance of the contract, the contractor shall at his own
cost submit periodic progress reports as may be reasonably required by the engineer with such
materials as charts, net-works, photographs, test certificates, etc. such progress report shall be in the
form and size as may be required by the engineer and shall be submitted in at least three (3) copies.

40.0 LONG TERM AVAILABILITY OF SPARES

40.1 The contractor shall guarantee the long-term availability of spares to the owner for the full life of the
equipment covered under the contract. The contractor shall guarantee that before going out of
production of spare parts of the equipment covered under the contract, he shall give the owner at
least twelve (12) months advance notice so that the latter may order his bulk requirement of spares,
if he so desires. The same provision will also be applicable to sub-contractor. Further, in case of
discontinuance of manufacture of any spares by the contractor or his sub- contractors the contractor
will provide the owner two years in advance, with full manufacturing drawings, material
specifications and technical information required by the owner for the purpose of manufacture of
such items.
40.2 Further, in case of discontinuance of supply of spares by the contractor or his sub-contractors the
contractor will provide the owner with full information for replacement of such spares with other
equivalent makes, if so required by the owner.
40.3 The contractor shall provide the owner with a "directory" of his sub-contractors giving the
addresses and other particulars of his sub-contractors. The owner, if he so desires, shall have the
right to procure the spares directly from sub-contractors.
40.4 Notwithstanding anything stated elsewhere in the bid documents, the prices of all spares which may
be procured to cover long term requirements beyond the One Hundred Twenty (120) calendar
months, will be generally in accordance with the mutually agreed prices.
40.5 The contractor will indicate in advance the delivery period of the items of spares, which the owner
may procure in accordance with the sub-clause 40.4. In case of emergency requirements of spares,
the contractor would make every effort to expedite the manufacture and delivery of such spares on
the basis of mutually agreed time schedule.
40.6 The procedure specified in clause 40.4 and 40.5 shall apply for future procurement of items included
in stand by spare list, mandatory spares lists, optional spares list and special tools, plants and
equipment list, if any, specified in the bid documents.
40.7 The Contractor shall indemnify the owner for the availability of long time spares as per the terms and
conditions laid down above in clause 40.1 to clause 40.6.
40.8 In case of equipment/ system (including manufactured domestic and overseas) the availability of spare
parts for additional One Hundred Twenty (120) calendar months after One Hundred Twenty
(120) calendar months (i.e. ten years of Defect liability period (DLP) including maintenance of plant
by contractor or ten years of Operation & Maintenance of plant by contractor, as per the provisions of
tender document) shall have to be guaranteed by the contractor. In this regard, the contractor will have
to provide, an undertaking from the respective OEMs regarding supply of spare parts and
maintenance support as and when required during the said period, before starting of Defect Liability
Period.
41.0 PAYMENT
41.1 The payment to the contractor for the performance of the works under the contract will be made by
the owner as per the guidelines and conditions specified herein. All payment made during the
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 contract shall be on account payments only. The final payment will be made on completion of all
the works and on fulfillment by the contractor of all his liabilities under the contract. The payment
to the contractor will be made through Electronics Mode.
41.2 CURRENCY OF PAYMENT
All payments under the contract shall be in Indian Rupees only. The paying authority will be
GM/HOD (Finance)-I/C, ECL or his authorized representatives.

41.3 DUE DATES FOR PAYMENT

Owner will make progressive payment as and when the payment is due as per the terms of payment
set forth in the accompanying technical specifications. Payment will become due and payable by the
owner within thirty 30) days from the date of receipt of contractor's bill/invoice/debit note by the
owner, provided the documents submitted are complete in all respects.
41.4 PAYMENT SCHEDULE
The contractor shall prepare and submit to the engineer for approval, a break-up of the contract price.
This contract price break-up shall be interlinked with the agreed detailed PERT network of the
contractor setting forth his starting and completion dates for the various key phases of works prepared
as per condition of this section. while preparing the PERT network, the supply of P&M Equipment
shall be linked to construction of respective Civil and Structural Works. Any payment under the
contract shall be made only after the contractor's price break-up is approved by the engineer. The
aggregate sum of the contractor's price break-up shall be equal to the lump sum contract price.

41.5 INTERIM PAYMENTS

41.5.1 The contractor shall submit running bill for the payment in the prescribed proforma of the owner to be
supplied in due course at the time of payment.
41.5.2 Each such running bill shall state the amount claimed and shall set forth in detail, in the order of the
payment schedule, particulars of the works including the works executed at site and of the equipment
shipped/brought on to the site pursuant to the contract up to the date mentioned in the bill and for the
period covered since the last preceding certificate, if any.
41.5.3 Every interim payment claim shall indicate the contract value of the works executed up to the date
mentioned in the running bill, provided that no sum shall be included in any running bill in respect
of the works that, according to the decision of the engineer, does not comply with the contract, or
hasbeen performed, at the date of certificate prematurely.

41.6 TERMS OF PAYMENTS

41.6.1 Payment: Since the total job is on turn-key basis, any payment to the Contractor before the
finalpayment shall be treated as interim payment towards the total contract value.

The Contractor may at intervals of not less than one month submit claims/ bills for payment on
account of work done after proper scrutiny and certification of the same by the Employer. The
progressive payment shall be made in respect of the following:
a) Design engineering
b) Civil construction including foundation and buildings
c) Structural fabrication and erection
d) Supply of equipment
e) Machinery Erection
f) Trial Run and commissioning

All such payments shall be made by the Employer online within a month from the date of the
submission of claims/bills. Payment will also be governed by Clauses of 3.0 of General Terms &
Conditions of Contract. Any sum due from the Contractor shall be deducted from the first or next
subsequent on account of payments as the case may be, in general the following procedure of
payment shall be followed:

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 41.6.1.1 The payment shall be as follows:

For 5 MW (AC) Floating Solar PV Power Plant

a) 90% of plant and machinery price shall be paid on acceptance of the material conforming to
stipulated specifications and quality in good condition at site to be certified by the site engineer.
b) 90% progressive payment based on the installation and commissioning of plant and equipment
as per the project schedule furnished by the Contractor, duly certified by site engineer.
c) Remaining 10% of (a) and (b) payment based on Successful Performance Guarantee Test as per
tender document.

Schedule of payment for Comprehensive Operation and Maintenance (O&M) / DLP period:

Operation and Maintenance of the entire Project payment will be released on quarterly basis (every
three months) at the end of every quarter for each year till 5 (Five) years of O&M period.

In case of any default, Non-Performance or breach of contractual conditions of the O&M contract
during the O&M period, the penalties/deductions, if applicable will be liable to be deducted from the
Quarterly O&M payments first & then from the Contract Performance Security.
41.6.1.2 Final Bill:
As soon as possible after completion of the works to the satisfaction of the Employer the Contractor
shall forward a certified final bill. It shall be accompanied by all relevant vouchers, such as royalty
clearance certificate (if any) from appropriate authorities, submission of copies of working drawings,
technical documents as required documents showing therein all additions and alternations etc. in the
process of execution, completion certificate for embedded and covered up works, plant handing over
certificate etc. as applicable. The Contractor shall be paid full and final payment only after deduction
of amounts paid against on account bill and any other amount due etc. payable by Contractor.

In cases where the Preliminary Acceptance Test (start-up & trial operation) and Final Acceptance Test
(Performance Guarantee Test) is not completed for reasons not attributable to the contractor, the
payment which is to be released after Preliminary Acceptance & Final Acceptance certificate will be
released against equivalent amount of Bank Guarantee with validity upto actual completion (Initial BG
validity should for 1(one) year and to be extended till actual completion of respective tests.
42. Settlement of Disputes with the Contractor
It is incumbent upon the contractor to avoid litigation and disputes during the course of execution.
However, if such disputes take place between the contractor and the department, effort shall be made
first to settle the disputes at the company level.
The contractor should make request in writing to the Engineer-in-charge for settlement of such
disputes/ claims within 30 (thirty) days of arising of the cause of dispute/ claim failing which no
disputes/ claims of the contractor shall be entertained by the company.

Effort shall be made to resolve the dispute in two stages:

In first stage dispute shall be referred to Area GM/GM, HoD(C). If difference still persist the dispute
shall be referred to a committee constituted by the owner. The committee shall have one member of
the rank of Director of the company who shall be chairman of the committee. If differences still
persist, then matter shall be resolved through conciliation.
Conciliation:
The party initiating conciliation shall send a written invitation to the other party to conciliate and
proceedings shall commence when the other party accepts the initiations to conciliation. The parties
may agree on the name of a sole conciliator or each party may appoint one conciliator. The
conciliation shall assist the parties to reach an amicable settlement of their dispute. When the parties
sign the settlement agreement, it shall be final and binding on the parties. The conciliator shall
authenticate the settlement agreement and furnish a copy thereof to each party.
If differences still persist, the settlement of the dispute shall be resolved in the following manner:
Disputes or differences relating to the interpretation and application of the provisions of commercial
contract(s) between Central Public Sector Enterprise (CPSEs) / Port Trusts inter se and also between

74
 CPSEs and Government Departments/ Organizations (excluding disputes relating to Railways,
Income Tax, Customs & Excise Department), shall be taken up by either party for its resolution
through Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) as mentioned in
DPE OM No. 05/003/2019-FTS-10937 dated 14th December 2022 and the decision of AMRCD on
the said dispute will be binding on both the parties.

In case of parties other than above Agencies, the redressal of the dispute may be sought through
Arbitration (THE ARBITRATION AND CONCILIATION ACT, 1996 as amended by
AMENDMENT ACT of 2015).

42.0 A Settlement of Disputes through Arbitration

(i) Normally, there should not be any scope of dispute between the employer (department) and the
contractor after entering into a mutually agreed valid contract. However, due to various unforeseen
reasons, disputes may arise during the progress of the contract between the employer (department)
and the contractor.
Therefore, the conditions governing the contract shall contain suitable provision for settlement of
such disputes / differences binding on both the parties.
(ii) Mode of settlement of such disputes/differences shall be through Arbitration.

However, when a dispute/difference arises, then, depending on the position of the case, either the
employer (department) or the contractor shall give notice to the other party of its intention to
commence arbitration. The applicable arbitration procedure will be as per the Arbitration and
Conciliation Act, 1996 as amended by Amendment Act of 2015.
(iii) Venue of Arbitration: The venue of arbitration shall be the place from where the contract has
been issued.
(iv) Applicable Law: The contracts shall be interpreted in accordance with the laws of the
Unionof India.
(v) Legal Advice:
While processing a case for arbitration, the purchase organization is to take legal advice, at appropriate
stages from competent authorities viz their Legal Department.
(vi) Following clause shall be included in the General Conditions of the Contract (GCC):
Sole Arbitration Clause:
In the event of any question, dispute or difference arising under these terms & conditions or any
condition contained in this contract or interpretation of the terms of, or in connection with this
Contract (except as to any matter the decision of which is specially provided for by these
conditions), the same shall be referred to the sole arbitration of a person, appointed to be the
arbitrator by the Chairman, CIL/ CMD of Subsidiary Company (as the case may be). The award of
the arbitrator shall be final and binding on the parties of this Contract.
(a) In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act
for any reason, or his/her award being set aside by the court for any reason, it shall be lawful for the
Chairman, CIL / CMD of Subsidiary Company (as the case may be) to appoint another arbitrator in
place of the outgoing arbitrator in the manner aforesaid.
(b) It is further a term of this contract that no person other than the person appointed by the Chairman,
CIL / CMD of Subsidiary Company (as the case may be) as aforesaid should act as arbitrator and
that, if for any reason that is not possible, the matter is not to be referred to Arbitration at all.
Subject as aforesaid, Arbitration and Conciliation Act, 1996 as amended by Amendment Act of 2015,
and the rules thereunder and any statutory modification thereof for the time being in force shall be
deemed to apply to the Arbitration proceedings under this clause.
The venue of arbitration shall be the place from which the contract is issued or such other place as the
Chairman, CIL / CMD of Subsidiary Company (as the case may be) at his discretion may determine.

(vii) Contracts with Partnership firm/ JV/Consortium:

A partner is the implied authority to bind the firm in a contract coming in the purview of the usual
business of the firm. The implied authority of a partner, however, does not extend to enter into
arbitration agreement on behalf of the firm. Therefore, while entering into a contract with partnership
75
 firm /JV/Consortium care should be taken to obtain consent of all the partners to the arbitration
agreement.
A suitable clause for obtaining consent of all the partners to the arbitration agreement shall be
included in the General Conditions of the Contract (GCC).
(viii) In cases where CIL/ Subsidiary has challenged an arbitral award and as a result, the amount of the
arbitral award has not been paid, 75% of the arbitral award (which may include interest up to date of
the award) shall be paid by CIL/ Subsidiary to the contractor/ concessionaire against a Bank
Guarantee (BG). The BG shall only be for the said 75% of the arbitral award as above and not for
the interest which may become payable to CIL/ Subsidiary should the subsequent court order require
refund of the said amount.
The payment may be made into a designated Escrow Account with the stipulation that the proceeds
will be used first, for payment of lenders' dues, second, for completion of the project and then for
completion of other projects of CIL/ Subsidiary as mutually agreed/ decided. Any balance remaining
in the escrow account subsequent to settlement of lenders' dues and completion of projects of CIL/
Subsidiary may be allowed to be used by the contractor/ concessionaire with the prior approval of the
lead banker and CIL/ Subsidiary. If otherwise eligible and subject to contractual provisions, retention
money and other amounts withheld may also be released against BG.
The only circumstances in which such payment need not be made is where the contractor declines, or
is unable, to provide the requisite bank guarantee and/or fails to open an escrow account as required.
Persons responsible for not adhering to are liable to be held personally accountable for the
additional interest arising, in the event of the final court order going against the procuring entity.
(ix) Arbitration /court awards should be critically reviewed. In cases where there is a decision
against CIL/Subsidiary the decision to appeal should not be taken in a routine manner, but only when
the case genuinely merits going for the appeal and there are high chances of winning in the court/
higher court. There is a perception that such appeals etc. are sometimes resorted to postpone the
problem and defer personal accountability. Casual appealing in arbitration / court cases has resulted
in payment of heavy damages / compensation / additional interest cost, thereby causing more harm to
the exchequer, in addition to tarnishing the image of the Government.
(x) Legal department of CIL/Subsidiary should monitor the success rate of appealing against
arbitration awards. There should be a clear delegation to empower officials to accept arbitration /
court orders. A special board / committee may be set up by legal department of CIL/ Subsidiary to
review the case before an appeal is filed against an order. Arbitration
/court awards should not be routinely appealed without due application of mind on all facts and
circumstances including realistic probability of success. The board / committee or other authority
deciding on the matter shall clarify that it has considered both legal merits and the practical chances
of success and after considering the cost of, and rising through, litigation / appeal / further litigation
as the case may be, it is satisfied that such litigation / appeal
/further litigation cost is likely to be financially beneficial compared to accepting the arbitration /
court award.

43.0 GST on Works Contracts

All duties, taxes (excluding Goods and Services Tax (GST) and GST Compensation Cess (if
applicable) only) and other levies payable by the Bidder/Contractor under the Contract, or for any
other cause as applicable on the last date of submission of Bid, shall be included in the rates, prices
and the total Bid Price submitted by the Bidder. Applicable GST, either payable by Bidder or by
Company under reverse charge mechanism shall be computed by system in BOQ sheet as per
predefined logic.

All investments, operating expenses, incidentals, overheads etc. as may be attendant upon execution
and completion of works shall also be included in the rates, prices and total bid price submitted by
the Bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid
and/or any increase over the rate existing on the last date of submission of Bid shall be reimbursed
by the Company on production of documentary evidence in support of payment actually made to the
concerned authorities.
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 Similarly, if there is any decrease in such duties, taxes and levies the same shall become recoverable
from the Contractor. The details of such duties, taxes and other levies along with rates shall be
declared by the Bidder.
The item wise rate quoted by Bidder shall be inclusive of all taxes, duties & levies but excluding
GST & GST Compensation Cess if applicable. The payment of GST and GST Compensation Cess
by service availer (i.e. CIL/Subsidiary) to Bidder/Contractor (if GST payable by Bidder/Contractor)
would be made only on the latter submitting a Bill/Invoice in accordance with the provision of
relevant GST Act and the rules made thereunder and after online filing of valid return on GST
portal.Payment of GST & GST Compensation Cess is responsibility of Bidder/Contractor.

However, in case Contractor is GST unregistered Bidder/dealer or GST registered under

composition scheme in compliance with GST rules, the Bidder/dealer shall not charge any GST
and/or GST Compensation Cess on Bill/Invoice. In case of unregistered dealer/Bidder, GST, if
applicable will be deposited by CIL/Subsidiary directly to concerned authorities in terms with GST
provisions.
Input tax credit is to be availed by CIL/Subsidiary as per rule.
If CIL/Subsidiary fails to claim Input Tax Credit (ITC) on eligible Inputs, input services and Capital
Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and
services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns under GST,
payment of CGST & SGST or IGST, GST (Compensation to State) Cess shown in tax invoice to the
tax authorities, issue of proper tax invoice or any other reason whatsoever, the applicable taxes &
cess paid based on such Tax invoice shall be recovered from the current bills or any other dues of
the supplier/vendor along with interest, if any.

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.
Note: During the execution of the contract if the GST status of the Bidder changes, then the
payment of GST, if any, to the Contractor will be made as per the GST status declared by the Bidder
during tender stage based on which cost to Company has been ascertained or at actuals, whichever
is lower.

45.0 Discrepancies in contract documents & Adjustments thereof

45.1 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.

45.2 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.

46.0 E-way Bill:

The e-way bill required in connection with supply of goods or services, if any, shall be arranged by the
supplier/vendor. However, the e-way bill will be arranged by CIL/Subsidiary if the supplier/vendor is
unregistered one or if provisions of the relevant Act and the rules made there under specifically states
that the e-way bill is required to be issued by recipient of goods.

47.0 In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any other charges
(Except EMD) from the supplier/vendor, the same will be recovered along with the applicable GST
and the amount shall be adjusted with the payment to be made to the supplier/vendor against their
bill/invoice or any other dues.

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77
 SECTION -III

CONDITIONS OF CONTRACT

SUB-SECTION -II

ADDITIONAL TERMS AND CONDITIONS OF CONTRACT

78
 SUB-SECTION – II
ADDITIONAL TERMS & CONDITIONS OF CONTRACT

The following additional terms & conditions are also acceptable to the company. The tenderers are
requested not to quote any additional conditions in their tender.

1. Mobilisation Advance: (Optional)

i) In the case of works whose estimated value is more than Rs.100.00 Crore, a maximum of 10% of the
total contract value of work will be paid as mobilization advance subject to submission of Bank
Guarantee for 110% advance amount.

ii) Mobilization Advance against survey, soil investigation, design & engineering will be paid in two
equal installments - one after signing of the agreement and the second after the system design
drawings have been completed and detailed design work is to be taken up by the contractor.

iii) Mobilization Advance against supply of equipment shall be released only after the contractor has
finalized their vendors/suppliers for the specific equipment and the amount of advance shall be
proportionate to the value of equipment for which vendors/suppliers have been finalized vis-à-vis
the total value of equipment offered in the contract limited to 10% of the contract value.

iv) Mobilisation Advance against works contract for site activities shall be paid in two equal
installments. First installment shall be paid after the contractor has opened their site office and
having finalised their subcontractors. The second installment shall be paid for taking procurement
action of construction materials like reinforcing steel and structural steel by the contractor.
v) The mobilisation advance shall be recovered from the bills of the contractor from the second
running on account bills onward @ 20% of the advance amount paid. However, the full amount of
mobilization advance will be recovered maximum within scheduled date of completion as per
agreement excluding Defect Liability period.
Though the ‘Mobilization Advance’ shall be given interest free but the interest shall be charged as
per the rate of CIL’s borrowing rate under cash credit arrangement as varying from time to time to
be compounded quarterly, on delayed recoveries either due to the late submission of bill by the
Contractor or any other reason attributable to the Contractor besides the reason giving rise to
encashment of BG as stated in the Clause for
i) ‘Mobilization Advance’ elsewhere.
In addition to the above, interest will be charged as per aforesaid rate on Mobilization
Advance in case the contract is terminated due to default of the Contractor.

vi) The value of Bank Guarantee may be reduced to the extent such advance is recovered by the
company subject to the conditions that the value of Bank Guarantee amount at anytime is more
than the recoverable outstanding advance. Bank Guarantee shall be irrevocable and from a
Nationalised Bank /Scheduled Bank.

vii) Part Bank Guarantee” (BGs) against the Mobilization Advance shall be taken in as many numbers as
the proposed recovery instalments and shall be equivalent to 110% of the amount of each instalment.

viii) In case of “Machinery and Equipment advance”, insurance and hypothecation to the
employershall be ensured.

ix) Mobilization advance will be given in instalments and subsequent instalments will be released
aftergetting satisfactory utilization Certificate from the contractor for the earlier instalments.

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 2. PRICE VARIATION CLAUSE:

The contract price shall remain firm without any price variation except for Change in Law events.

2.1 CEILING ON PRICE VARIATION DUE TO ESCALATION

There shall be a ceiling on price variation due to escalation covered under clauses mentioned
hereinbefore on the contract, limited to 10% of that portion of Contract Price for which price variation
is applicable.

2.2 VARIATION IN THE TAXES, DUTIES, LEVIES ETC.

Other statutory variation due to increase in taxes, duties, levies etc. by Govt. (Central or State or
Local) as on the last date of submission of bid, with the taxes, duties, levies etc. during the
manufacture/works/ supply, as the case may be, shall be borne by the owner. Similarly decrease in
taxes, duties, levies etc. shall be returned/deducted to/by the owner.

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80
 SECTION -III

CONDITIONS OF CONTRACT

SUB-SECTION -III

GENERAL TECHNICAL CONDITIONS

81
 SUB-SECTION – III
GENERAL TECHNICAL CONDITIONS

1. General:

This part covers technical conditions pursuant to the contract and will form an integral part of the
contract. The following provisions shall supplement all the detailed technical specifications and
requirements brought out in the accompanying technical specifications. The contractor's proposal
shall be based on the use of equipment and materials complying fully with the requirements,
specified herein. It is recognized that the contractor may have standardized on the use of certain
components, materials, processes or procedures different that those specified herein. Alternate
proposals offering similar equipment based on the manufacturer's standard practice will also be
considered provided such proposals meet the specified designs, standard and performance
requirements and are acceptable to the owner.

2. Limit of Contract:

Equipment furnished shall be complete in every respect with all mountings, fittings, fixtures and
standard accessories normally provided with such equipment and/or needed for erection, completion
and safe operation of the equipment as required by applicable codes though they may not have been
specifically detailed in the technical specifications unless included in the list of exclusions. All
similar standard components/parts of similar standard equipment provided, shall be inter-changeable
with one another.

3. Equipment Performance Guarantee:

3.1 The performance tests of the equipment under the scope of the contract are detailed in the
technical specifications. These guarantees shall supplement the general performance guarantee
provisions covered under general terms & conditions of contract in clause entitled "Guarantee".

3.2 Liquidated damages for not meeting performance guarantee during the performance and
guarantee tests shall be assessed and recovered from the contractor, as detailed in the General
Technical Conditions. Such liquidated damages shall be without any limitation whatsoever and
shall be in addition to damages, if any payable under any other clauses of conditions of contract.

4. Engineering Data:

4.1 The furnishing of engineering data by the contractor shall be in accordance with the schedule
for each set of equipment as specified in the technical specifications. The review of these data by
the engineer will cover only general conformance of the data to the specifications and
documents, interfaces with the equipment provided under the specifications, external
connections and of the dimensions which might affect plant layout. This review by the engineer
may not indicate a thorough review of all dimensions, quantities and details of the equipment,
materials, any devices or items indicated or the accuracy of the information submitted. This
review and/or approval by the engineer shall not be construed by the contractor, as limiting any
of his responsibilities and liabilities for mistakes and deviations from the requirements, specified
under these specifications and documents.

4.2 All engineering data submitted by the contractor after final process including review and
approval by the engineer shall form part of the contract documents and the entire works covered
under these specifications shall be performed in strict conformity, unless otherwise expressly
requested by the engineer in writing.

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5. Drawing:

5.1 All drawings submitted by the contractor including those submitted at the time of bid shall be
sufficiently detailed to indicate the type, size, arrangement, weight of each component, break-up
for packing and shipment, the external-connections, fixing arrangements required, the
dimensions required for installation and inter-connections with other equipment and materials,
clearances and spaces required between various portions of equipment and any other
information specifically requested in the specifications.

5.2 Each drawing submitted by the contractor shall be clearly marked with the name of the owner,
the unit designation, the specifications title, the specification number and the name of the
project. If standard catalogue pages are submitted the applicable items shall be indicated therein.
All titles, noting, markings and writings on the drawing shall be in English. All the dimensions
should be in metric units.

5.3 The owner may use a 35 mm microfilm system in processing drawings. All drawings shall be
suitable for microfilming. Drawings which are not suitable for microfilming will not be
accepted. A copy of each drawing reviewed will be returned to the contractor as stipulated
herein. The owner may also accept and use CDs/soft copy for computer-based drawings.

5.3.1 Copies of drawings returned to the contractor will be in the form of a print with the owner's
marking, or a print made from a microfilm of the marked-up drawing or in the form of aperture
cards if the contractor has facilities to process such cards or print made from floppies for
computer-based drawings.

5.4 The drawings submitted by the contractor shall be reviewed by the engineer as far as practicable
within four (4) weeks and shall be modified by the contractor if any modifications and/or
corrections are required by the engineer. The contractor shall incorporate such modifications
and/or corrections and submit the final drawings for approval. Any delay arising out of failure
by the contractor to rectify the drawings in good time shall not alter the contract completion
date.

5.5 Approval by the Nodal Officer or his Nominee: The Contractor shall submit specifications
and drawings showing the proposed Temporary Works to the Nodal Officer/Engineer-in-charge
or his Nominee, who is to approve them if they comply with the specifications and drawings.
The Contractor shall be responsible for design of Temporary Works.
The Nodal Officer/Engineer-in-charge or nominee’s approval shall not alter the contractor’s
responsibility for design of the Temporary Works.

5.6. The drawings sent for approval to the engineer shall be in quintuplicate. One print of such
drawings will be returned to the contractor by the engineer marked approved/approved with
corrections. The contractor shall thereupon furnish the owner with nine prints and one
reproducible original of the drawings after incorporating all corrections.

5.7 Further work by the contractor shall be in strict accordance with these drawings and no
deviation shall be permitted without the written approval of the engineer, if so required.

5.8 All manufacturing and fabrication work in connection with the equipment prior to the
approval of the drawings shall be at the contractor's risk. The contractor may make may changes
in the design which are necessary to make the equipment conform, to the provisions and intent
of the contract and such changes will again be subject to approval

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 by the engineer. Approval of contractor's drawings or work by the engineer shall not relieve the
contractor of any of his responsibilities and liabilities under the contract.

5.9 Drawings shall include all installation and detailed piping drawings wherever applicable. All
piping 100 mm and larger shall be routed in detail and smaller pipe shall be shown
schematically or by isometric drawings. All drawings shall be fully corrected to agree with
actual as built construction.

5.10 Operating and Maintenance Manual: If “as built” drawings and/or operating and
Maintenance Manuals are required the contract shall supply them by the dates stated in the
contract data.
If the Contractor does not supply the drawings and/or Manuals by the dates stated in the
contract data, or they do not receive the Nodal Officer or his Nominee’s approval, the Nodal
Officer or his Nominee shall withhold the amount stated in the contract data from payments due
to the contractor.

6. Instruction Manuals:

6.1 The contractor shall submit to the engineer, preliminary instruction manuals for all the
equipment, covered under the contract within the time agreed upon between the owner & the
contractor. The final instruction manuals complete in all respects shall be submitted by the
contractor thirty (30) days before the first shipment of the equipment. The instruction manuals
shall contain full details and drawings of all the equipment furnished, the erection procedures,
testing procedures, operation and maintenance procedures of the equipment. These instruction
manuals shall be submitted in the form of one (1) reproducible original and twelve (12) copies.

6.2 If after the commissioning and initial operation of the plant, the instruction manuals require
any modifications/ additions/changes, the same shall be incorporated and the updated final
instruction manuals in the form of one (1) reproducible original and twelve
(12) copies shall be submitted by the contractor to the owner.

6.3 The contractor shall furnish to the owner, twelve (12) sets of spare parts catalogue.

6.4 In addition, the contractor shall supply two sets of all the document, specifications, operation
and maintenance manuals (in hard copies also) and as built drawings in CDs/soft copy to ECL.
The documents supplied shall be in easily readable, search &printable format.

7. First Fill of Consumable, Oils and Lubricants:

All the first fill of consumable such as oils, lubricants and essential chemicals etc., which will be
required to put the equipment covered under the scope of the specifications, into successful trial
operation, shall be furnished by the contractor unless specifically excluded under the exclusions in
the specifications and other documents.

8. Manufacturing Schedule:

The contractor shall submit to the engineer his manufacture and delivery schedules for all
equipment within thirty (30) days from the date of the letter of acceptance of tender. Such schedules
shall be in line with the detailed net-work for all phases of the work of the contractor. Such
schedules shall be reviewed, up-dated and submitted to the engineer, once every two (2) months
thereafter, by the contractor. Schedule shall also include the materials and equipment purchased
from outside suppliers.

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9. Reference Standards:

9.1 The codes and/or standards referred to in these specifications shall govern, in all cases wherever
such references are made. In case of a conflict between such codes and/or standards and the
specifications, the latter shall govern. Such codes and/or standards referred to shall mean the
latest revisions, amendments/changes adopted and published by the relevant agencies. In case of
any further conflict in this matter, the same shall be referred to the engineer whose decision shall
be final and binding.

9.2 Other internationally acceptable standards which ensure equal or higher performance than those
specified shall also be accepted.

10. Design Improvement:

10.1 The engineer or the contractor may propose changes in the specification of the equipment or
quality thereof and if the parties agree upon any such changes the specification shall be modified
accordingly.

10.2 If any such agreed upon change is such that it affects the price and schedule of completion, the
parties shall agree in writing as to the extent of any change in the price and/or schedule of
completion before the contractor proceeds with the change. Following such agreement, the
provision thereof, shall be deemed to have been amended accordingly.

11. Quality Assurance:

11.1 Quality Assurance Programme

To ensure that the equipment and services under the scope of this contract whether
manufactured or performed within the contractor's works or at his sub-contractor's premises or at
the owner's site or at any other place of work are in accordance with the specifications, the
contractor shall adopt suitable quality assurance programme to control such activities at all
points necessary. Such programme shall be outlined by the contractor and shall be finally
accepted by the engineer after discussions before the issue of letter of acceptance of tender. A
quality assurance programme of the contractor shall generally cover the following:

a. his organisation structure for the management and implementation of the proposed
qualityassurance programme:
b. documentation control system:
c. qualification data for bidder's key personnel:
d. the procedure for purchase of materials, parts components and selection of sub- contractor's
services including vendor analysis, source inspection, incoming raw- material inspection,
verification of materials purchased etc.:
e. system for shop manufacturing and site erection control including process control and
fabrication and assembly controls:
f. control of non-conforming items and system for corrective actions:
g. inspection and test procedure both for manufacture and field activities:
h. control of calibration and testing of measuring and testing equipment:
i. system for indication and appraisal of inspection status:
j. system for quality audits:
k. system for authorising release of manufactured product to the owner:
l. system for maintenance of records:
m. system for handling storage and delivery: and

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 n. a quality plan detailing out the specific quality control procedure adopted for controlling the
quality characteristics relevant to each item of equipment furnished and each work at
different stages executed at work site.

11.2 Quality Assurance Documents

The contractor shall be required to submit the following Quality Assurance Documents within
three weeks after dispatch of the equipment:
i. all non-destructive examination procedures stress relief and weld repair procedure actually
used during fabrication.
ii. welder and welding operator qualification certificates.
iii. welder identification list, listing welder's and welding operator's qualification procedure and
welding identification symbols.
iv. material mill test reports on components as specified by the specification.
v. the inspection plan with verification, inspection plan check points, verification sketches, if
used, and methods used to verify that the inspection and testing points in the inspection plan
were performed satisfactorily.
vi. sketches and drawings used for indicating the method of traceability of the radiographs to
the location on the equipment.
vii. all non-destructive examination result reports including radiography interpretation reports.
viii. stress relief time temperature charts.
ix. factory test results for testing required as per applicable codes and standard referred in the
specifications.
x. the engineer or his duly authorised representative reserves the right to carry out quality audit
and quality surveillance of the systems and procedures of the contractor/his vendor's quality
management and control activities.

12. Engineer's Supervision:

12.1 To eliminate delays and avoid disputes and litigation it is agreed between the parties to the
contract that all matters and questions shall be referred to the Nodal officer and his decision
shall be final. The nodal officer of the work shall be GM(E&M)/HoD, ECL (HQ). The
engineer-in-charge/ site engineer shall be Area GM or his representative, where the work
shall be carried out.

12.2 The work shall be performed under the direction and supervision of the engineer. The scope
of the duties of the engineer, pursuant to the contract, will include but not be limited
tothe following:

a. interpretation of all the terms and conditions of these documents and specification.
b. review and interpretation of all the contractor's drawings, engineering data etc.
c. witness or authorise his representative to witness tests and trials either at the manufacturer's
works or at site, or at any place where work is performed under the contract.
d. inspect, accept or reject any equipment, material and work under the contract.
e. issue certificate of acceptance and/or progressive payment and final payment certificates.
f. review and suggest modifications and improvements in completion schedules from time
totime.
g. supervise the quality assurance programme implementation at all stages of the works.
h. to receive and endorse the despatch documents enabling the contractor to clear the
consignments.

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13. Inspection, Testing and Inspection Certificate:

13.1 The engineer, his duly authorised representative and/or outside inspection agency acting on behalf
of the owner shall have at all reasonable times access to the contractor's premises or works and
shall have the power at all reasonable times to inspect and examine the materials and workmanship
of the works during its manufacture or erection and if part of the works is being manufactured or
assembled at other premises or works, the contractor shall obtain for the engineer and for his duly
authorised representative permission to inspect as if the works were manufactured or assembled
on the contractor's own premises or works.

13.2 The contractor shall give the Engineer/Inspector fifteen (15) days written notice of any material
being ready for testing. Such tests shall be to the contractor's account except for the expenses of
the Inspector. The Engineer/Inspector, unless witnessing of the tests is virtually waived, will attend
such tests within fifteen (15) days of the date on which the equipment is notified as being ready for
test/inspection, failing which the contractor may proceed with the test which shall be deemed to
have been made in the Inspector's presence and he shall forthwith forward to the Inspector duly
certified copies of tests in triplicate.

13.3 The Engineer or Inspector shall within fifteen (15) days from the date of inspection as defined
herein give notice in writing to the contractor, of any objection to any drawings and all or any
equipment and workmanship which in his opinion is not in accordance with the contract. The
contractor shall give due consideration to such objections and shall either make the modifications
that may be necessary to meet the said objections or shall confirm in writing to the
Engineer/Inspector giving reasons therein, that no modifications are necessary to comply with the
contract.

13.4 When the factory tests have been completed at the contractor's or sub-contractor's works, the
Engineer/Inspector shall issue a certificate to this effect within fifteen (15) days after completion
of tests but if the tests are not witnessed by the Engineer/Inspector, the certificate shall be issued
within fifteen (15) days of the receipt of the contractor's test certificate by the Engineer/Inspector.
Failure of the Engineer/Inspector to issue such a certificate shall not prevent the contractor from
proceeding with the works. The completion of these tests or the issue of the certificate shall not
bind the owner to accept the equipment should it, on further tests after erection, be found not to
comply with the contract.

13.5 In all cases where the contract provides for tests whether at the premises or works of the contractor
or of any sub-contractor, the contractor, except where otherwise specified, shall provide free of
charge such items as labour, materials, electricity, fuel, water, stores, apparatus and instruments as
may be reasonably demanded by the Engineer/Inspector or his authorised representative to carry
out effectively such tests of the equipment in accordance with the contract and shall given
facilities to the Engineer/Inspector or to his authorised representative to accomplish testing.

13.6 The inspection by Engineer and issue of Inspection Certificate thereon shall in no way limit the
liabilities and responsibilities of the contractor in respect of the agreed quality assurance
programme forming a part of the contract.
13.7 The Company or his authorized representative shall have the right to carry out inward inspection
of the items on delivery at the Site and if the items have been found to be not in line with the
approved specifications, shall have the liberty to reject the same.

13.8 If the Company desires, testing of any component(s) of the plant be carried out by an independent
agency, the inspection fee, if any, shall be paid by the Owner. However, the Contractor shall
render all necessary help to the Company whenever required free of charge.

13.9 The Contractor has to provide the necessary testing reports to the Company as and when required.

87
 13.10 Neither the waiving of inspection nor acceptance after inspection by the Company shall, in
anyway, absolve the Contractor of the responsibility of supplying the plant and equipment strictly
in accordance with specification and drawings etc.

13.11 If any item is not found conforming to standards during test / inspection, the same shall be
replaced / rectified by Contractor without any cost to the Company and shall be re- offered for
inspection.

13.12 The Contractor shall carry out all instructions given during inspection and shall ensure that the
work is carried out according to the relevant codes of practice

13.13 Decision of the Company or his authorized representative in regard to the quality of work and
materials and performance to the specifications and drawings shall be final.

14. Test:

14.1 Start up

14.1.1 On completion of erection of the equipment and before start-up, each item of the equipment shall
be thoroughly cleaned and then inspected jointly by the Engineer and the contractor for correctness
and completeness of installation and acceptability of start-up, leading to initial pre-commissioning
tests at site. The list of pre-commissioning tests to be performed shall be as mutually agreed and
included in the contractor's quality assurance programme.

14.1.2 The contractor's commissioning/start-up engineers specifically identified as far as possible shall
be responsible for carrying out all the pre-commissioning tests. On completion of inspection,
checking and after the pre-commissioning tests are satisfactorily over, the complete equipment
shall be placed on initial operation during which period the complete equipment shall be operated
integral with sub-systems and supporting equipment as a complete plant referred hereinafter as
plant.

14.2 Trial Operation

14.2.1 The plant shall then be on trial operation during which period all necessary adjustments shall be
made while operating over the full load-range enabling the plant to be made ready for performance
and guarantee tests.

14.2.2 A trial operation report comprising of observations and recordings of various parameters to be
measured in respect of the above trial operation shall be prepared by the contractor. This report,
besides recording the details of the various observations during trial run, shall also include the
dates of start and finish of the trial operations and shall be signed by the representatives of both
the parties. The report shall have sheets, recording all the details of interruptions occurred,
adjustments made and any minor repairs done during the trial operation. Based on the
observations, necessary modifications/ repairs to the plant shall be carried out by the contractor to
the full satisfaction of the engineer to enable the later to accord permission to carry out
performance and guarantee tests on the plant. However, minor defects which do not endanger the
safe operation of the equipment, shall not be considered as reasons for with holding the aforesaid
permission.

14.3 Performance and guarantee test

14.3.1 The final test as to the performance and guarantees shall be conducted at site, by the owner. Such
tests will be commenced within a period of two (2) months after successful completion of trial
operations. Any extension of time beyond the above two (2) months shall be mutually agreed
upon.
14.3.2 These tests shall be binding on both the parties of the contract to determine compliance of the
equipment with the performance guarantees.
88
14.3.3 The available instrumentation and control equipment will be used during such tests and the
engineer will calibrate, all such measuring equipment and devices as far as practicable. However,
unmeasurable parameters shall be taken into account in a reasonable manner by the engineer, for
the equipment of these tests. The tests will be conducted at the specified load points and as near
the specified cycle condition as practicable. The engineer will apply proper corrections in
calculation, to take into account conditions which do not correspond to the specified conditions.
All operation checks and tests required to determine and demonstrate capacity, efficiency, and
operating characteristics as specified in the contract document.

14.3.4 Any special equipment, tools and tackles required for the successful completion of the
performance and guarantee tests shall be provided by the contractor, free of cost.

14.3.5 The guaranteed performance figures of the equipment shall be proved by the contractor during
these performances and guarantee tests. Should the results of these tests show any decrease from
the guaranteed values, the contractor shall modify the equipment as required to enable it to meet
the guarantees. In such case, performance and guarantee tests shall be repeated within one month,
from the date the equipment is ready for re- tests and all cost for modifications including labour,
materials and the cost of additional testing to prove that the equipment meets the guarantees, shall
be borne by the contractor.
14.3.6 The specific tests to be conducted on equipment has been brought out in the technical
specifications.

14.3.7 Performance and guarantee test shall make allowance for instrumentation errors as may be decided
by the engineer-in-charge.

14.4 TEST CODES

The PV modules, inverters, transformers, panels, wires, etc. deployed in the power plants
shall have valid test certificates for their qualification as per IEC/ BIS Standards by one of
the reputed labs of the respective equipment (preferably NABL Accredited Test Centres) in
India. In case of module or other equipment for which such Test facilities may not exist in
India, test certificates from reputed ILAC Member Labs abroad or from test reports as per
industry best practices in India will be acceptable.
15. Packing:

All the equipment shall be suitably protected, coated, covered or boxed and crated to prevent
damage or deterioration during transit, handling and storage at site till the time of erection. While
packing all the materials, the limitation from the point of view of viability of railway wagon
sizes in India should be taken into account. The contractor shall be responsible for any loss or
damage during transportation, handling and storage due to improper packing.

16. Protection:

All coated surfaces shall be protected against abrasions, impact, discoloration and any other
damages. All exposed threaded portions shall be suitably protected with either a metallic or a non-
metallic protecting device. All ends of all valves and piping and conduit equipment connections
shall be properly sealed with suitable devices to protect them from damage. The parts which are
likely to get rusted, due to exposure to weather, should also be properly treated and protected
in a suitable manner.

17. Preservative Shop Coating:

17.1 All exposed metallic surfaces subject to corrosion shall be protected by shop application of
suitable coatings. All surfaces which will not be easily accessible after the shop assembly,
shall before hand be treated and protected for the life of the equipment. All surfaces shall be
89
 thoroughly cleaned of all mill scale, oxide and other coatings and prepared in the shop. The
surfaces that are to be finish painted after installation or require corrosion protection until
installation, shall be shop painted with at least two coats of primer. Transformers and other
electrical equipment, if included shall be shop finished with one or more coats of primer and
two coats of high grade resistance enamel. The finished colours shall be as per manufacturer's
standards, to be selected and specified by the engineering at a later date.

17.2 Shop primer for all steel surface which will be exposed to operating temperature below 95 oC
shall be selected by the contractor, after obtaining specific approval of the engineer
regarding the quality of primer proposed to be applied. Special high temperature primer shall
be used on surfaces exposed to temperatures higher than 95oC and such primers shall also be
subject to the approval of the engineer.
17.3 All other steel surfaces which are not to be painted shall be coated with suitable dust
preventive compound subject to the approval of the engineer.

18. Protective Guards:

Suitable guards shall be provided for protection of personnel on all exposed rotating and/or
moving machine parts. All such guards with necessary spares and accessories shall be designed for
easy installation and removal for maintenance purposes.

19. Design Co-Ordination:

The contractor shall be responsible for the selection and design of appropriate equipment to provide
the best co-ordinated performance of the entire system. The basic design requirements are
detailed out in Technical Specifications. The design of various components, sub-assemblies and
assemblies shall be so done, so that it facilitates easy field assembly and maintenance. All the
rotating components shall be so selected that the natural frequency of the complete unit is not critical
at or close to the operating range of the unit.

20. Design Co-Ordination Meeting:

The contractor will be called upon to attend design co-ordination meetings with the engineer, other
contractors and the consultants of the owner during the period of contract.
The contractor shall attend such meetings at his own cost at -------------------- or at mutually agreed
venue as and when required and fully cooperate with such persons and agencies involved during
those discussions.

21. Tools and Tackles:

The contractor shall supply with the equipment one complete set of all special tools and tackles for
the erection, assembly, dis-assembly and maintenance of the equipment. However, these tools and
tackles shall be separately packed and brought on to site.

22. Noise Level:

The equivalent 'A' weighted sound level measured at a distance of 1.5 metres above floor level in
elevation and one metre horizontally from the base of any equipment furnished and installed under
these specifications, expressed in decibels to a reference of 0.0002 microbar, shall not exceed 85
dBA.

23. Taking Over:

Upon successful completion of all the tests to be performed at site on equipment furnished and
erected by the contractor, the engineer shall issue to the contractor a taking over certificate as a proof
of the final acceptance of the equipment. Such certificate shall not unreasonably be with held nor
will be engineer delay the issuance thereof, on account of minor omissions or defects which do not
affect the commercial operation and/or cause any serious risk to the equipment. Such certificate shall
not relieve the contractor of any of his obligations which otherwise survive, by the terms and
conditions of the contract after issuance of such certificate.

24. Indian Standards:

Normally Indian Standards as published by BUREAU OF INDIAN STANDARDS shall be
90
 followed.
Wherever relevant Indian Standard is not published by the BIS, International Standards or American
Standard or German Standard or British Standard, as decided by the Engineer in consultations with
the Consultants employed by the Owner, shall be followed.

25. Welding:
If the manufacturer has special requirements relating to the welding procedures for welds at the
terminals of the equipment to be procured by the owner under separate specifications, the
requirements shall be submitted to the engineer in advance of commencement of erection work.

26. Equipment Bases:

A cast iron or welded steel base plate shall be provided for all rotating equipment which is to be
installed on a concrete/structural steel base unless otherwise agreed to by the engineer. Each base
plate shall support the unit and its drive assembly, shall be of a neat design with pads for anchoring
the units, shall have a raised lip all around, and shall have threaded drain connections.

28. Rating Plates, Name Plates and Labels:

28.1 Each main and auxiliary items of plant is to have permanently attached to it in a conspicuous
position a rating plate of noncorrosive material upon which is to be engraved the manufacturer's
name, equipment, type or serial number, together with details of the loading conditions under which
the item of plant in question have been designed to operate, and such diagram plates as may be
required by the engineer.

28.2 Each item of plant is to be provided with a nameplate or label designating the service of the
particular equipment. The inscriptions are to be approved by the engineer or shall be as detailed in
the appropriate sections of the technical specifications.
28.3 Such nameplates or labels are to be of white non-hygroscopic material with engraved black lettering
or, alternatively, in the case of indoor circuit breakers, starters etc. of transparent plastic material
with suitably coloured lettering engraved on the back.

28.4 Items of plant such as valves, which are subject to handling, are to be provided with an engraved
chromium plated nameplate or label with engraving filled with enamel.
28.5 All such name plates, instruction plates, lubrication charts etc. shall be bilingual with Hindi
inscription first, followed by English. Alternatively, two separate plates one with Hindi and the
other with English inscriptions may be provided.

29. Colour Code for Pipe Services:

All pipe services wherever applicable are to be painted in accordance with the owner's standard
colour scheme, by the contractor.

30. Service by The Owner:

30.1 The following services shall be provided by the owner:
i. Construction/ drinking water at one point within 100 metres of the work site, charges to be
decided by the company.
ii. Auxiliary power for construction at one point within 100 metres of the work site, charges
to be decided by the company.

30.2 In the event of the contractor requiring these services at parameters other than those specified
above, for any systems, equipment, instrument etc. he shall make the necessary arrangements
himself.

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 SECTION -III

CONDITIONS OF CONTRACT

SUB-SECTION -IV

ERECTION CONDITIONS OF CONTRACT

92
 SUB-SECTION IV

ERECTION CONDITIONS OF CONTRACT

1. General:

1.1 The following shall supplement the conditions already contained in the other parts of these
specifications and documents and shall govern that portion of the work of this contract to be
performed at site.
1.2 The contractor upon signing of the contract shall, in addition to a project co-ordinator, nominate
another responsible officer as his representative at site suitably designated for the purpose of
overall responsibility and co-ordination of the works to be performed at site. Such person shall
function from the site office of the contractor during the pendency of contract.

2. Regulation of Local Authorities and Statutes:

2.1 The contractor shall comply with all the rules and regulations of local authorities during the
performance of his field activities. He shall also comply with the minimum wages act, 1948 and
the payment of wages act (both of the Government of India and the local State Government) and
the rules made thereunder in respect of any employee or workman employed or engaged by him
or his subcontractor. The contractor shall make all necessary payments of the Provident Fund for
the workmen employed by him for the work as per the laws prevailing under provisions of
CMPF and Allied Schemes and CMPF and Miscellaneous Provisions Act 1948 or Employees
Provident Fund and Miscellaneous Provisions Act 1952 as the case may be.

2.2 All registration and statutory inspection fees, if any, in respect of his work pursuant to this
contract shall be to the account of the contractor. However, any registration, statutory inspection
fees lawfully payable under the provisions of the rules and regulations of the Government and
any other statutory laws and its amendments from time to time during erection in respect of the
plant equipment ultimately to be owned by the owner, shall be to the account of the owner.
Should any such inspection or registration need to be arranged due to the fault of the contractor
or his sub-contractor, the additional fees for such inspection and/or registration shall be borne by
the contractor.

3. Owner's Lien on Equipment:

The owner shall have lien on all equipment including those of the contractor brought to the site for
the purpose of erection, testing and commissioning of the plant. The owner shall continue to hold the
lien on all such equipment throughout the period of contract. No material brought to the site shall be
removed from the site by the contractor and/or his sub- contractors without the prior written
approval of the engineer.

4. Inspection, Testing and Inspection Certificates:

The provisions of the clause entitled inspection testing and inspection certificates under section
GTC shall also be applicable to the erection portion of the works. The engineer shall have the
right to re-inspect any equipment though previously inspected and approved by him, at the
contractor's works, before and after the same are constructed and/or erected at site. If by the above
inspection, the engineer rejects any work or equipment, the contractor shall make good for such
rejection either by replacement or modifications/repairs as may be necessary, to the satisfaction of
the engineer. Such replacement will also include the replacement or re-execution of such of
those works of

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 other contractors and/or agencies, which might have got damaged or affected by the replacements orre-
work done to the contractor's work.

5. Access to Site and Works on Site:

5.1 Suitable access to and possession of the site shall be accorded to the contractor by the owner in
reasonable time.
5.2 The owner shall have the necessary foundations to be provided by him ready, as per the agreed
schedule for the execution of the individual phases of works.
5.3 The works so far as it is carried out on the owner's premises, shall be carried out at such time as
the owner may approve and the owner shall give the contractor reasonable facilities for carrying
out the works.
5.4 In the execution of the works, no persons other than the contractor or his duly appointed
representative, sub-contractor and workmen, shall be allowed to do work on the site, except by
the special permission, in writing of the engineer or his representative.

6. Contractor's Site Office Establishment:

The contractor shall establish a site office at the site and keep posted an authorised representative
for the purpose of the contract. Any written order or instruction of the engineer or his duly
authorised representative, shall be communicated to the said authorised resident representing the
contractor and the same shall be deemed to have been communicated to the contractor at his legal
address.

7. Co-Operation with Other Contractors

7.1 The contractor shall co-operate with all other contractors or tradesmen of the owner, who may
be performing other works on behalf of the owner and the workmen who may be employed by
the owner and doing work in the vicinity of the works under the contract. The contractor shall
also so arrange to perform his work as to minimise, to the maximum extent possible,
interferencewith the work of other contractors and his workmen. Any injury or damage that may
be sustainedin the employees of the other contractors and the owner, due to the contractor's work
shall promptly be made good at his own expense. The engineer shall determine the resolution of
any difference or conflict that may arise between the contractor and other contractors or between
the contractor and the workmen of the owner in regard to their work. If the works of the
contractor is delayed because of any acts or omissions of another contractor, the contractor shall
have no claim against the owner on that account other than an extension of time for completing
his works.
7.2 The engineer shall be notified promptly by the contractor of any defects in the other contractor's
works that could affect the contractor's works. The engineer shall determine the corrective
measures if any, required to rectify this situation after inspection of the works and such
decisions by the engineer shall be binding on the contractor.

8. Discipline of Workmen:

The contractor shall adhere to the disciplinary procedure set by the engineer in respect of his
employees and workmen at site. The engineer shall be at liberty to object to the presence of any
representative or employees of the contractor at the site, if in the opinion of the engineer such
employee has mis-conducted himself or be incompetent or negligent or otherwise undesirable and
then the contractor shall remove such a person objected to and provide in his place a competent
replacement.

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9. Contractor's Field Operation:

9.1 The contractor shall keep the engineer informed in advance regarding his field activity plans and
schedules for carrying out each part of the works. Any review of such plan or schedule or
method of work by the engineer shall not relieve the contractor of any of his responsibilities
towards the field activities. Such reviews shall also not be considered as an assumption of any
risk or liability by the engineer or the owner or any of his representatives and no claim of the
contractor will be entertained because of the failure or inefficiency of any such plan or schedule
or method of work reviewed. The contractor shall be solely responsible for the safety, adequacy
and efficiency of plant and equipment and his erection methods.
9.2 The contractor shall have complete responsibility for the conditions of the work site including
the safety of all persons employed by him or his sub-contractor and all the properties under his
custody during the performance of the work. This requirement shall apply continuously till the
completion of the contract and shall not be limited to normal working hours. The construction
review by the engineer is not intended to include review of contractor's safety measures in, on or
near the work-site, and their adequacy or otherwise.

10. Photographs and Progress Report:

10.1 The contractor shall furnish three (3) prints each to the engineer of progress photographs of
the work done at site. Photographs shall be taken as and when indicated by the engineer or his
representative. Photographs shall be adequate in size and number to indicate various stages of
erection. Each photograph shall contain the date, the name of the contractor and the title of the
photograph.
10.2 The above photographs shall accompany the monthly progress report detailing out the progress
achieved on all erection activities as compared to the schedules. The report shall also indicate
the reasons for the variance between the scheduled and actual progress and the action proposed
for corrective measures wherever necessary.

11. Man-Power Report:

11.1 The contractor shall submit to the engineer, on the first day of every month, a man hour
schedule for the month, detailing the man hours scheduled for the month, skill wise and area-
wise.
11.2 The contractor shall also submit to the engineer on the first day of every month, a manpower
report of the previous months detailing the number of persons scheduled to have been employed
and actually employed, skill-wise and areas of employment of such labour.

12. Protection Work:

The contractor shall have total responsibility for protecting his works till it is finally taken over by
the engineer. No claim will be entertained by the owner or the engineer for any damage or loss to the
contractor's works and the contractor shall be responsible for the complete restoration of the
damaged works to its original condition to comply with the specifications and drawings. Should any
such damage to the contractor's works occur because of other party not under his supervision or
control, the contractor shall make his claim directly with the party concerned. If dis-agreement or
conflict or dispute develops between the contractor and the other party or parties concerned
regarding the responsibility for damage to the contractor's works the same shall be resolved as per
the provisions of the clause 7.0 above entitled co-operation with other contractors. The contractor
shall not cause any delay in the repair of such damaged works because of any delay in the resolution
of such disputes. The contractor shall proceed to repair the work immediately and the cause thereof
will be assigned pending resolution of such dispute.

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13. Employment of Labour

13.1 The contractor will be expected to employ on the work only his regular skilled employees
with experience of his particular work. No female labour shall be employed after darkness no
personsbelow the age of eighteen years shall be employed.

13.2 All traveling expenses including provisions of all necessary transport to and from site lodging
allowances and other payments to contractor's employees shall be the sole responsibility of the
contractor.
13.3 The hour of work on the site shall be decided by the owner and the contractor shall adhere to
it. Working hours will normally be eight (8) hours per day- Monday to Saturday.
13.4 Contractor's employees shall wear identification badges while on work at site.
13.5 In case the owner becomes liable to pay any wages or dues to the labour or to any Government
agency under any of the provisions of the Minimum Wages Act, Workmen compensation Act,
Contract Labour Regulation Abolition Act, CMPF Act/EPF Act or any other law due to act of
omission of the contractor, the owner may make such payments and shall recover the same from
the contractor's bills.

14. Facilities to be Provided by The Owner:

14.1 SPACE:
The contractor shall advise the owner within thirty (30) days from the date of acceptance of the
letter of award, about his exact requirement of space for his office, mess-rooms storage area,
preassembly and fabrication areas, labour colony area, toilets, etc. The above requirement
shall be reviewed by the engineer and space will be allotted to the contractor for construction of
his temporary structures like office, storage sheds, labour and staff colony and other utilities etc.
for his own as well as his sub- contractor's use.

14.2 ELECTRICITY:
a) The contractor shall submit to the Engineer I/C within thirty (30) days from the date of
acceptance of the award letter, his electrical power requirements, if any, to allow the planningof
the temporary electrical distribution by the Engineer I/C.
b) The contractor shall be provided with supply of electricity for the purposes of the contract, only
at one point in the project site. In extreme emergency, if more supply points are required due to
non-feasibility of power supply from single point at another work place, the requirement to be
evaluated by Engineer I/C for the work & PE(E&M) of the mine and approval of General
Manager of the Area in writing to be taken, specifying the reason for providing more than 01
(One) supply point.
c) The contractor shall make his own further distribution arrangement. All temporary wiring must
comply with local regulations and will be subject to engineer's inspection and approval before
connection to supply.
d) Power supply for labour colonies (if any) shall also be provided at one point.
e) The contractor shall be charged for the power supplied at work site and labour colonies as per
the rate of respective Supply point of Distribution agency from where power is being received
by the contractor.
f) Engineer I/C of the work and PE(E&M) of the project is responsible for proper & timely meter
reading, monthly bill raising against energy consumed and deduction from the bills of
contractor on monthly basis
g) The electricity rate may be calculated in the following way:

Total Monthly Total KVAH Unit Rate (C) Total Total Electricity
Bill Amount as consumed by = (A)/(B) KVA charges of the
raised by the Area (B) H consumed by the Contractor for the
Distribution contractor as per month (E) = 1.05 *
Agency (A) the energy meter (C) * (D)
reading (D)

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 h) The total electricity charges of the contractor for the month also includes 5% internal
distribution loss charges / administrative charges.
i) The derived rate will cover all the charges including electricity duty. Also, GST is to be
charged at the applicable rate.
j) At the energy feeding point, the contractor has to bear the cost for installation of energy meter,
AB Switches, Changeover Switches, breaker etc., as and when required to maintain electrical
safety.
k) It is the responsibility of contractor to ensure maintenance of all the electrical equipment, as
mentioned above. Breakdown of any equipment (As stated above) must be repaired/ rectified/
replaced by the contractor immediately, but not later than 30 days. If not repaired within the
stipulated period, Engineer-In-Charge & PE(E&M) of the project will ensure that the
repairing/ rectification/ replacement is done through them and the resultant cost is deducted
from the bill of the contractor.

14.3 WATER:
The contractor shall arrange necessary water for the work and his own establishment and nothing
extra will be paid for the same. Such water used by the contractor shall befit for construction
purposes. However, if available and feasible the company may arrange water, at the written
request of the contractor, to the extent possible, at one point near the work site for which recovery
@ 1% of the contract value of work done will be made from the contractor's bills. The contractor
shall make his own arrangement of water connection and laying of pipe lines from main source of
supply. Department do not guarantee to maintain uninterrupted supply of water. No claim of
damage or refund of water charges will be entertained on account of such break down.

15. Facilities to Be Provided by The Contractor:

15.1 Tools, tackles and scaffoldings
The contractor shall provide all the construction equipment, tools, tackles and scaffoldings
required for pre-assembly, erection, testing and commissioning of the equipment covered under
the contract. He shall submit a list of all such materials to the engineer before the
commencement of preassembly at site. These tools and tackles shall not be removed from the
site without the written permission of the engineer.

15.2 Communication
The owner will extend the telephone & telex facilities, if available at site, for purposes of
contract. The contractor shall be charged at actual for such facilities.

15.3 First – aid

15.3.1 The contractor shall provide necessary first-aid facilities for all his employees,
representatives and workmen working at the site. Enough number of contractor's personnel shall
be trained in administering first-aid.
15.3.2 The owner will provide the contractor, in case of an emergency, the services of an
ambulance for transportation to the nearest hospital.
15.4 Cleanliness
15.4.1 The contractor shall be responsible for keeping the entire area allotted to him clean and free
from rubbish, debris etc. during the period of contract. The contractor shall employ enough
number of special personnel to thoroughly clean his work area at least once in a day. All such
rubbish and scrap material shall be stacked or disposed in a place to be identified by the
engineer. Materials and stores shall be so arranged to permit easy cleaning of the area in areas
where equipment might drip oil and cause damage to the floor surface, a suitable protective
cover of a flame resistant, oil proof sheet shall be provided to protect the floor from such
damage.
15.4.2 Similarly, the labour colony, the offices and the residential areas of the contractor's
employees and workmen shall be kept clean and neat to the entire satisfaction of the engineer.
Proper sanitary arrangement shall be provided by the contractor, in the work areas, office and
residential areas of the contractor.

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16. Lines and Grades:

All the works shall be performed to the lines, grades and elevations indicated on the drawings. The
contractor shall be responsible to locate and layout the works. Basic horizontal and vertical control
points will be established and marked by the engineer at site at suitable points. These points shall be
used as datum for the works under the contract. The contractor shall inform the engineer well in
advance of the times and places at which he wishes to do work in the area allotted to him, so that
suitable datum points may be established and checked by the engineer to enable the contractor to
proceed with his works. Any work done without being properly located may be removed and/or
dismantled by the engineer at contractor's expense.

17. Fire Protection:

17.1 The work procedures that are to be used during the erection shall be those which minimise fire
hazards to the extent practicable. Combustible materials, combustible waste and rubbish shall be
collected and removed from the site at least once each day. Fuels, oils and volatile or flammable
materials shall be stored away from the construction and equipment and materials storage areas
in safe containers. Untreated canvas paper, plastic or other flammable flexible materials shall
not at all be used at site for any other purpose unless otherwise specified. If any such materials
are received with the equipment at the site, the same shall be removed and replaced with
acceptable material before moving into the construction area or storage.
17.2 Similarly, corrugated paper fabricated cartons etc. will not be permitted in the
construction area either for storage or for handling of materials. All such materials used shall be
water proof and flame-resistant type. All the other materials such as working drawings, plants,
etc. which are combustible but are essential for the works to be executed shall be protected
against combustion resulting from welding sparks, cutting flames and other similar fire sources.
17.3 All the contractor's supervisory personnel and sufficient number of workers shall be trained for
fire-fighting and shall be assigned specific fire protection duties. Enough of such trained
personnel must be available at the site during the entire period of the contract.
17.4 The contractor shall provide enough fire protection equipment of the types and number for the
ware-houses, office, temporary structures, labour colony area etc. Access to such fire protection
equipment, shall be easy and kept open at all times.

18. Security:

The contractor shall have total responsibility for all equipment and materials in his custody stored,
loose, semi-assembled and/or erected by him at site. The contractor shall make suitable security
arrangements including employment of security personnel to ensure the protection of all materials,
equipment and works from theft, fire, pilferage and any other damages and loss. All materials of
the contractor shall enter and leave the project site only with the written permission of the
engineerin the prescribed manner.

19. Contractor's Area Limits:

The engineer will mark-out the boundary limits of access roads, parking spaces, storage and
construction areas for the contractor and the contractor shall not trespass the areas not so marked
out for him. The contractor shall be responsible to ensure that none of his personnel move out of the
areas marked out for his operations. In case of such a need for the contractor's personnel to work out
of the areas marked out for him, the same shall be done only with the written permission of the
engineer.

20. Contractor's Co-Operation with The Owner:

In cases where the performance of the erection work by the contractor affects the operation of the
system facilities of the owner, such erection work of the contractor shall be scheduled to be
performed only in the manner stipulated by the engineer and the same shall be acceptable at all times
to the contractor. The engineer may impose such restrictions on the facilities provided to the
contractor such as electricity, water, etc. as he may think fit in the interest of the owner and the
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 contractor shall strictly adhere etc. such restrictions and co-operate with the engineer. It will be the
responsibility of the contractor to provide all necessary temporary instrumentation and other
measuring devices required during start-up and operation of the equipment systems, which are
erected by him. The contractor shall also be responsible for flushing and initial filling of all the oil
and lubricants required for the equipment furnished and erected by him, so as to make such
equipment ready for operation. The contractor shall be responsible for supplying such flushing oil
and other lubricants unless otherwise specified elsewhere in these documents & specifications.

21. Pre-Commissioning Trails and Initial Operations:

The pre-commissioning trails and initial operations of the equipment furnished and erected by the
contractor shall be the responsibility of the contractor as detailed in relevant clauses in section GTC.
The contractor shall provide, in addition, test instruments, calibrating devices, etc. and the labour
required for the successful performance of these trials. It is anticipated that the above test may
prolong for a long time, the contractor's workmen required for the above test shall always be present
at site during such trials.

22. Materials Handling and Storage:

22.1 All the equipment furnished under the contract and arriving at site shall be promptly received,
unloaded and transported and stored in the storage spaces by the contractor.

22.2 Contractor shall be responsible for examining all the shipment and notify the engineer
immediately or any damage, shortage, discrepancy, etc. for the purpose of engineer's
information only. The contractor shall submit to the engineer every week a report detailing all
the receipts during the week. However, the contractor shall be solely responsible for any
shortages or damage in transit, handling and/or in storage and erection of the equipment at the
site. Any demurrage, wharfage and other such charges claimed by the transporters, railways etc.
shall be to the account of the contractor.
22.3 The contractor shall maintain an accurate and exhaustive record detailing out the list of all
equipment received by him for the purpose of erection and keep such record open for the
inspection of the engineer at any time.
22.4 All equipment shall be handled very carefully to prevent any damage or loss. No bare wire
ropes, slings, etc. shall be used for unloading and/or handling of the equipment without the
specific written permission of the engineer. The equipment stored shall be properly protected to
prevent damage either to the equipment or to the floor where they are stored. The equipment
from the store shall be moved to the actual location at the appropriate time so as to avoid
damage of such equipment at site.
22.5 All electrical panels, control gear, motors and such other devices shall be properly dried by
heating before they are installed and energised. Motor bearings, slip rings, commutators and
other exposed parts shall be protected against moisture ingress and corrosion during storage and
periodically inspected. Heavy rotating parts in assembled conditions shall be periodically rotated
to prevent corrosion due to prolonged storage.
22.6 All the electrical equipment such as motors, generators, etc. shall be tested for insulation
resistance at least once in three months from the date of receipt till the date of commissioning
and a record of such measured insulation values maintained by the contractor. Such records shall
be open for inspection by the engineer.
22.7 The contractor shall ensure that all the packing materials and protection devices used for the
various equipment during transit and storage are removed before the equipment are installed.
22.8 The consumable and other supplies likely to deteriorate due to storage must be thoroughly
protected and stored in a suitable manner to prevent damage or deterioration in quality by
storage.
22.9 All the materials stored in the open or duty location must be covered with suitable weather-
proof and flameproof covering materials wherever applicable.

22.10 If the materials belonging to the contractor are stored in areas other than those earmarked for
him, the engineer will have the right to get it moved to the area earmarked for the contractor at
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 the contractor's cost.
22.11 The contractor shall be responsible for making suitable indoor storage facilities to store all
equipment which require indoor storage. Normally, all the electrical equipment such as motors,
control gear, generators, exciters and consumable like electrodes, lubricants etc. shall be stored
in the closed storage space. The engineer, in addition, may direct the contractor to move certain
other materials which in his opinion will require indoor storage, to indoor storage areas which
the contractor shall strictly comply with.

23. Construction Management:

23.1 The field activities of the contractors working at site, will be coordinated by the engineer and
the engineer's decision shall be final in resolving any disputes or conflicts between the
contractor and other contractors and tradesmen of the owner regarding scheduling and co-
ordination of work. Such decision by the engineer shall not be a cause for extra compensation or
extension of time for the contractor.
23.2 The engineer shall hold weekly meetings of all the contractors working at site, at a time and a
place to be designated by the engineer. The contractor shall attend such meetings and take notes
of discussions during the meeting and the decisions of the engineer and shall strictly adhere to
those decisions in performing his works. In addition to the above weekly meetings, the engineer
may call for other meetings either with individual contractors or with selected number of
contractors and in such a case the contractor, if called will also attend such meetings.
23.3 Time is the essence of the contract and the contractor shall be responsible for performance this
works in accordance with the specified construction schedule. If at any time, the contractor is
falling behind the schedule, he shall take necessary action to make good for such delays by
increasing his work force or by working overtime or otherwise accelerate the progress of the
work to comply with the schedule and shall communicate such actions in writing to the
engineer, satisfying that his action will compensate for the delay. The contractor shall not be
allowed any extra compensation for such action.
23.4 The engineer shall however not be responsible for provision of additional labour and/or
materials or supply or any other services to the contractor except for the co- ordination work
between various contractors as set out earlier.
24. Field Office Records:

The contractor shall maintain at his site office up-to-date copies of all drawings, specifications and
other contract documents and any other supplementary data complete with all the latest revisions
thereto. The contractor shall also maintain in addition the continuous record of all changes to the
above contract documents, drawings, specifications, supplementary data, etc. effected at the field
and on completion of his total assignment under the contract shall incorporate all such changes on
the drawings and other engineering data to indicate as installed condition of the equipment furnished
and erected under the contract. Such drawings and engineering data shall be submitted to the
engineer in required number of copies. Daily work programme with progress of the previous day
and deployment of labour related to work programme and attendance of workmen deployed during
the previous day shall be maintained in a register. This register shall be signed by authorised
representative of the contractor which will then be checked and signed by the owner's representative.
Every three months this register shall be deposited to the owner which shall then be owners
property.

25. Contractor's Materials Brought on to Site:

25.1 The contractor shall bring to site all equipment, parts, materials, including construction
equipment, tools and tackles for the purpose of the works with intimation to the engineer. All
such goods shall, from the time of their being brought vest in the owner, but may be used for the
purpose of the works only and shall not on any account be removed or taken away by the
contractor without the written permission of the engineer. The contractor shall nevertheless be
solely liable and responsible for any loss or destruction thereof and damage thereto.

25.2 The owner shall have a lien on such goods for any sum or sums which may at any time be due

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 or owing to him by the contractor, under, in respect of or by reasons of the contract. After giving
a fifteen (15) days' notice in writing of his intention to do so, the owner shall be at liberty to sell
and dispose of any such goods, in such manner as he shall think fit including public auction or
private treaty and to apply the proceeds in or towards the satisfaction of such sum or sums due
as aforesaid.
25.3 After the completion of the works, the contractor shall remove from the site under the direction
of the engineer the materials such as construction equipment, erection tools and tackles,
scaffolding etc. with the written permission of the engineer. If the contractor fails to remove
such materials, within 15 days of issue of a notice by the engineer to do so then the engineer
shall have the liberty to dispose of such materials as detailed under clause 25.2 above and credit
the proceeds thereto the account of the contractor.

26. Protection of Property and Contractor's Liability:

26.1 The contractor shall be responsible for any damage resulting from his operations. He shall also
be responsible for protection of all persons including members of public and employees of the
owner and the employees of other contractors and sub-contractors and all public and private
property including structures, buildings, other plants and equipment and utilities either above or
below the ground.
26.2 The contractor will ensure provision of necessary safety equipment such as barriers, sign-
boards, warning lights and alarms, etc. to provide adequate protection to persons and property.
The contractor shall be responsible to give reasonable notice to the engineer and the owners of
public or private property and utilities when such property and utilities are likely to get damaged
or injured during the performance of his works and shall make all necessary arrangements with
such owners, related to removal and/or replacement or protection of such property and utilities.
27. Painting:

All exposed metal parts of the equipment including pipings, structure railing etc. wherever
applicable, after installation unless otherwise surface protected, shall be first painted with at least
one coat of suitable primer which matches the shop primer paint used, after thoroughly cleaning all
such parts of all dirt, rust, scales, greases, oils and other foreign materials by wire brushing, scarping
or sand blasting, and the same being inspected and approved by the engineer for painting.
Afterwards, the above parts shall be finished with two coats of alloyed resin machinery enamel
paints. The quality of the finish paint shall be as per the standards of ISI or equivalent and to be of
the colour as approved by the engineer.

28. Insurance:

28.1 In addition to the conditions covered under the clause entitled insurance in general terms and
conditions of contract of this volume-1, the following provisions will also apply to the
portion of the works to be done beyond the contractor's own or his sub- contractor's works.
28.2 Workmen's compensation insurance
This insurance shall protect the contractor against all claims applicable under the Workmen's
Compensation Act 1948 (Government of India). This policy shall also cover the contractor
against claims for injury, disability disease or death of his or his sub- contractor's employees,
which for any reason are not covered under the Workmen's Compensation Act 1948. The
liabilities shall not be less than

Workmen's compensation as per statutory provisions

Employer's liability as per statutory provisions

28.3 Comprehensive Automobile Insurance

This insurance shall be in such a form to protect the contractor against all claims for injuries,
disability, disease and death to members of public including the owner's men and damage to the
property of others arising from the use of motor vehicles during on or off the site operations,
irrespective of the ownership of such vehicles.
28.4 Comprehensive General Liability Insurance
28.4.1 This insurance shall protect the contractor against all claims arising from injuries,
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 disabilities, disease or death of members of public or damage to property of others, due to any
act or omission on the part of the contractor, his agents, his employees, his representatives and
sub- contractors or from riots, strikes and civil commotion. The insurance shall also cover all the
liabilities of the contractor arising out of the clause entitled defence of suits under General
Terms and Conditions of contracts of this volume. 1.
28.4.2 The hazards to be covered will pertain to all the works which and areas where the
contractor, his sub-contractors, his agents and his employees have to perform work pursuant to
the contract.
28.5 The above are only illustrative list of insurance covers normally required and it will be the
responsibility of the contractor to maintain all necessary insurance coverage to the extent both in
time and amount to take care of all his liabilities either direct or indirect, in pursuance of the
contract.

29. Unfavorable Working Conditions:

The contractor shall confine all his field operations to those works which can be performed without
subjecting the equipment and materials to adverse effects, during inclement weather conditions, like
monsoon, storms, etc. and during other unfavorable construction conditions. No field activities shall
be performed by the contractor under conditions which might adversely affect quality and efficiency
thereof, unless special precautions or measures are taken by the contractor in a proper and
satisfactory manner in performance of such works and with concurrence of the engineer. Such
unfavorable construction conditions will in no way relieve the contractor of his responsibility to
perform works as per the schedule.

30. Protection of Monuments and Reference Points:

The contractor shall ensure that any finds such as relic, antiquity, coins, fossils, etc. which he might
come across during the course of performance of his works either during excavation or elsewhere,
are properly protected and handed over to the engineer. Similarly, the contractor shall ensure that the
bench marks, reference points, etc., which are marked out either with the help of engineer or by the
engineer shall not be disturbed in any way during the performance of his works. If any work is to be
performed which disturb such references, the same shall be done only after these are transferred to
other suitable locations under the direction of the engineer. The contractor shall provide all
necessary materials and assistance for such relocation of reference points etc.

31. Work and Safety Regulations:

31.1 The contractor shall ensure proper safety of all the workmen, materials plant and equipment
belonging to him or the Company or to others, working at or near the site. The contractor shall
also be responsible for provision of all safety notices and safety equipment required both by the
relevant legislation and the engineer-in-charge as he may deem necessary.
31.2 The contractor will notify well in advance to the engineer-in-charge of his intention to bring to
the site any container filled with liquid or gaseous fuel or explosive or petroleum substance or
such chemicals which may involve hazards. The engineer-in-charge shall have the right to
prescribe the conditions, under which such container is to be stored, handled and used during the
performance of the works and the contractor shall strictly adhere to and comply with such
instructions. The engineer-in-charge shall have the right at his sole discretion to inspect any
such container or such construction plant/equipment for which material in the container is
required to be used and if in his opinion, its use is not safe, he may forbid its' use. No claim due
to such prohibition shall be entertained by the owner. Nor the owner shall entertain any claim of
the contractor towards additional safety provisions/conditions to be provided for constructed as
per engineer-in-charge's instructions.
Further any such decision of engineer-in-charge shall not, in any way, absolve the contractor of
his responsibilities, and in case, use of such a container or entry thereof into the site area is
forbidden by engineer-in-charge, the contractor shall use alternative methods with the approval
of engineer-in-charge without any cost implication to Company or extension of work schedule.

31.3 Where it is necessary to provide and/or store petroleum products or petroleum mixtures and
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 explosives, the contractor shall be responsible for carrying out such provision and/or storage in
accordance with the rules and regulations laid down in Petroleum Act 1934, Explosives Act
1948, and Petroleum and Carbide of Calcium Manual Published by the Chief Inspector of
Explosives of India. All such storage shall have prior approval of the engineer-in-charge. In
case, any approvals are necessary from the Chief Inspector (Explosive) or any statutory
authorities, the contractor shall be responsible for obtaining the same.

31.4 All equipment used in construction and erection by contractor shall meet Indian, Inter- national
Standards and where such standards do not exist, the contractor shall ensure these to be
absolutely safe. All equipment shall be strictly operated and maintained by the contractor in
accordance with manufacturer's operation manual and safety instructions and per
Guidelines/Rules of the Company in this regard.

31.5 Periodical Examinations and all tests for all lifting/hoisting equipment and tackles shall be
carried out in accordance with the relevant provisions of Factories Act 1948, Indian Electricity
Act 1910 and associated Laws/Rules enforced from time to time. A register of such
examinations and tests shall be properly maintained by the contractor and will be promptly
produced as and when desired by engineer-in-charge or by the person authorised by him.

31.6 The contract shall be fully responsible for the safe storage of his and his sub- contractors
radioactive sources in accordance with BARC/DAE Rules and other applicable provisions. All
precautionary measures stipulated by BARC/DAE in connection with use, storage and handling
of such material will be taken by contractor.
31.7 The contractor shall provide suitable safety equipment of prescribed standard to all employee
and workmen according to the need, as may be directed by engineer-in- charge who will also
have right to examine these safety equipment to determine their suitability, reliability,
acceptability and adaptability.
31.8 Where explosives are to be used, the same shall be used under the direct control and
supervision of an expert, experienced, qualified and competent person strictly in accordance
with the code practices/rules framed under Indian Explosives Act pertaining to handling, storage
and use of the explosives.
31.9 The contractor shall provide safe working conditions to all workmen and employees at the site
including safe means of access, railings, stairs, ladders, scaffoldings etc. The scaffoldings, stairs,
ladders etc. shall be erected under the control and supervision of an experienced and competent
person. For erection, good and standard quality of material only shall be used by the contractor.
31.10 The contractor shall not interfere or disturb electric fuses, wiring and other electrical
equipment belonging to the owner or other contractors under any circumstances, whatsoever,
unless expressly permitted in writing by the Company to handle such fuses, wiring or electrical
equipment.
31.11 Before the contractor connects any electrical appliances to any plug or socket belonging to
the other contractor or owner, he shall:
a. satisfy the engineer that the appliances is in good working condition
b. inform the engineer of the maximum current rating, voltage and phases of the
appliances.
c. obtain permission of the engineer detailing the sockets to which the appliances maybe
connected.
31.12 The engineer will not grant permission to connect until he is satisfied that:
a. the appliance is in good condition and is fitted with a suitable plug. b the appliance is fitted
with a suitable cable having two earth conductors, one of which shall be an earthed metal sheath
surrounding the cores.
31.13 No electric cable is in use by the contractor/owner will be disturbed without prior
permission. No weight of any description will be imposed on any cable and no ladder or similar
equipment will rest against or attached to it.

31.14 No repair work shall be carried out on any live equipment. The equipment shall must be
declared safe by engineer-in-charge and a permit to work shall be issued by engineer-in-charge
before any repair work is carried out by the contractor. While working on electric
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 lines/equipment whether alive or dead, suitable type and sufficient quantity of tools will have to
be provided by contractor to electricians/workmen/officers.
31.15 The contractor shall employ necessary number of qualified, full time electricians/ electrical
supervisors to maintain in his temporary electrical installations.

31.16 The contractor employing more than 250 workmen whether temporary, casual, probationer,
regular or permanent or on contract, shall employ at least one full time officer exclusively as
safety officer to supervise safety aspects of the equipment and workmen who will co-ordinate
with the project safety officer. In case of work being carried out through sub- contractors, the
sub-contractor's workmen/employees will also be considered as the contractor's
employees/workmen for above purpose. The name and address of a such safety officer of
contractor will be promptly informed in writing to engineer-in-charge with a copy to safety
officer-in charge before he starts work or immediately after any change of the incumbent is
made during currency of the contract.
31.17 In case any accident occurs during the construction/erection or other associated activities
undertaken by the contractor thereby causing any minor or major or fatal injury to his
employees due to any reason, whatsoever, it shall be the responsibility of the contractor to
promptly inform the same to the company's engineer-in-charge in prescribed form and also to all
the authorities envisaged under the applicable laws.

31.18 The engineer-in-charge shall have the right at his sole discretion to stop the work, if in his
opinion the work is being carried out in such a way that it may cause accidents and endanger the
safety of the persons and/or property, and/or equipment. In such cases, the contractor shall be
informed in writing about the nature of hazards and possible injury/accident and he shall comply
to remove short comings promptly. The contractor after stopping the specific work, can, if felt
necessary, appeal against the order of stoppage of work to the General Manager of the project
within 3 days of such stoppage of work and decision of the project G.M in this respect shall
be conclusive and binding on the contractor.

31.19 The contractor shall not be entitled for any damages/compensation for stoppage of work due
to safety reasons as provided in para 31.18 above and the period of such stoppage of work will
not be taken as an extension of time for completion of work and will not be the ground for
waiver of levy of liquidated damages.

31.20 The contractor shall follow and comply with all the Company safety rules relevant provisions
of applicable laws pertaining to the safety of workmen, employees, plant and equipment as may
be prescribed from time to time without demur, protest or content or reservation. In case of any
inconformity between statutory requirement and the Company safety rules referred above, the
later shall be binding on the contractor unless the statutory provisions are more stringent.

31.21 If the contractor fails in providing safe working environment as per the Company safety rules
or continues the work even after being instructed to stop work by engineer- in-charge as
provided in para 31.18 above, the contractor shall promptly pay to the Company, on demand i.e.
by the owner compensation at the rate of Rs. 5,000/= per day or part there of till the instructions
are complied with an so certified by engineer-in- charge. However, in case of accident taking
place causing injury to any individual, the provisions contained in para 31.22 shall also apply in
addition to compensation mentioned in this para.

31.22 If the contractor does not take all safety precautions and/or fails to comply with the safety
rules as prescribed by the Company or under the applicable laws for the safety of the equipment
and plant and for the safety of personnel and the contractor does not prevent hazardous
conditions which cause injury to his own employees or employees of other contractors, or the
Company employees or any other person who are at site or adjacent thereto, the contractor shall
be responsible for payment of compensation under the relevant provisions of the workmen's
compensation act and rules framed thereunder or any other applicable laws as applicable from
time to time.
Permanent disablement shall have same meaning as indicated in workmen's compensation act.
The compensation mentioned above shall be in addition to the compensation payable to the
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 workmen/employees under the relevant provisions of the workmen's compensation act and rules
framed thereunder or any other applicable laws as applicable from time to time.
In case the owner is made to pay such compensation then the contractor is liable to reimburse
the owner such amount.

32. Code Requirements:

The erection requirements and procedures to be followed during the installation of the equipment
shall be in accordance with the relevant Indian Boiler Regulations. ASME codes and accepted good
engineering practice, the engineer's drawings and other applicable Indian recognised codes and the
laws and regulations of the Government of India.

33. Foundation Dressing and Grouting:

33.1 The surfaces of foundations shall be dressed to bring the top surface of the foundations to the
required level, prior to placement of equipment/equipment bases on the foundations.
33.2 All the equipment bases and structural steel base plates shall be grouted and finished as per
these specifications unless otherwise recommended by the equipment manufacturer.
33.3 The concrete foundation surfaces shall be properly prepared by chipping, grinding as required
to bring the type of such foundation to the required level, to provide the necessary roughness for
bondage and to assure enough bearing strength. All laitance and surface film shall be removed
and cleaned.
33.4 Grouting Mix
The grouting mixtures shall be composed of Portland cement, sand and water. The Portland
cement to be used shall conform to ISI No. 269 or equivalent, sand shall conform to ISI
No.383/2386 or equivalent. The grout proportions for flat based where the grouting space does
not exceed 35 mm shall be 50 Kg bag of cement to 75 Kg of sand. Only the required quantity of
water shall be added so as to make the mix quaky and flowable and the mix shall not show
excess water on top when it is being puddled in place. For thicker grout beds upto 65 mm, the
amount of sand shall be increased to 105 Kg per bag of cement. Bases which are hollow and are
to be filed full of grouting shall be filled to a level of 25 mm above the outside rim with a mortar
mix in the volumetric proportions of one bag of cement and 1.5 bags sand and 1.5 part 6 mm
granite gravel. An acceptable plasticiser may be added to the grout mixes in a proportion
recommended by the plasticisers manufacturer. All such grouts shall be thoroughly mixed for
not less than five minutes in an approved mechanical mixer and shall be used immediately after
mixing.

33.5 Placing of Grout

33.5.1 After the base has been prepared, its alignment and level has been checked and approved
and before actually placing the grout a low dam shall be set around the base at a distance that
will permit pouring and manipulation of the grout. The height of such dam shall be at least 25
mm above the bottom of the base. Suitable size and number of chains shall be introduced under
the base before placing the grout, so that such chains can be moved back and forth to push the
grout into every part of the space under the base.
33.5.2 The grout shall be poured either through grout holes if provided or shall be poured at one
side or at two adjacent sides giving it a pressure head to make the grout move in a solid mass
under the base and out in the opposite side. Pouring shall be continued until the entire space
below the base is thoroughly filled and the grout stands at least 25 mm higher all around than
the bottom of the base. Enough care should be taken to avoid any air or water pockets beneath
the bases.
33.6 Finishing of The Edges of The Grout
The poured grout should be allowed to stand undisturbed until it is well set. Immediately
thereafter, the dam shall be removed and grout which extends beyond the edges of the structural
or equipment base plates shall be out off flush and removed. The edges of the grout shall
then be pointed and finished with 1:2 cement mortar pressed firmly to bond with the body of the
grout and smoothed with a tool to present a smooth vertical surface. The work shall be done in
a clean and scientific manner and the adjacent floor spaces, exposed edges of the foundations,
and structural steel and equipment base plates shall be thoroughly cleaned of any spillage of the
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 grout.
33.7 Checking of Equipment After Grouting

After the grout is set and cured, the contractor shall check and verify the alignment of equipment,
alignment of shafts of rotating machinery, the slopes of all bearing pedestals, centering of rotors
with respect to their sealing bores, couplings, etc. as applicable and the like items to ensure that
no displacement had taken place during grouting . The values recorded prior to grouting shall be
used during such post grouting check-up and verifications. Such pre and post grout records of
alignment details shall be maintained by the contractor in a manner acceptable to the engineer.

34. Shaft Alignments: (NOT APPLICABLE)

All the shafts of rotating equipment shall be properly aligned to those of the matching equipment to
as perfect an accuracy as practicable. The equipment shall be free from excessive vibration so as to
avoid over-heating of bearings or other conditions which may tend to shorten the life of the
equipment. All bearings, shafts and other rotating parts shall be thoroughly cleaned and suitably
lubricated before starting.

35. Doweling: (NOT APPLICABLE)

All the motors and other equipment shall be suitably doweled after alignment of shafts with tapered
machined dowels as per the direction of the engineer.

36. Check Out of Control Systems / Power Supply:

After completion of wiring, cabling furnished under separate specifications and laid and terminated
by the owner, the contractor shall check out the operation of all control systems for the equipment
furnished and installed under these specifications and documents. The contractor shall get the
drawings pertaining to the control system, power supply etc. approved from Directorate General of
Mine Safety (DGMS) or any other appropriate authority as necessary, wherever required as per the
rules and regulations of the of Indian Mines Act governed by D.G.M.S.

37. Commissioning Spares:

The contractor shall make arrangement for an adequate inventory at site of necessary
commissioning spares prior to commissioning of the equipment furnished and erected so that any
damage or loss during this commissioning activities necessitating the requirements of spares will
not come in the way of timely completion of the works under the contract.

38. Cabling:

38.1 All cables shall be supported by conduits or cable tray run in air or in cable channels. These
shall be installed in exposed runs parallel or perpendicular to dominant surfaces with right angle
turn made of symmetrical bends or fittings. When cables are run on cable trays, they shall be
clamped at a minimum interval of 2000 mm or otherwise as directed by the engineer.
38.2 Each cable, whether power or control, shall be provided with a metallic or plastic of an
approved type, bearing a cable reference number indicated in the cable and conduit list
(prepared by the contractor), at every 5 metre run or part thereof and at both ends or the cable
adjacent to the terminations. Cable routing is to be done in such a way that cables are accessible
for any maintenance and for easy identification.
38.3 Sharp bending and kinking of cables shall be avoided. The minimum radii for PVC insulated
cables 1100 V grade shall be 15D, where D is the overall diameter of the cable. Installation of
other cables like high voltage, coaxial, screened, compensating, mineral insulated shall be in
accordance with the cable manufacturer's recommendations. Wherever cables cross roads and
water, oil, sewage or gas lines, special care should be taken for the protection of the cables in
designing the cable channels.
38.4 In each cable run some extra length shall be kept at a suitable point to enable one to two

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 straight through joints to be made should the cable develop fault at a later date.
38.5 Control cable terminations shall be made in accordance with wiring diagrams, using
identifying codes subject to engineer's approval. Multicore control cable jackets shall be
removed as required to train and terminate the conductors. The cable jacket shall be left on
the cable, as far as possible, to the point of the first conductor branch. The insulated
conductors from which the jacket is removed shall be neatly twined in bundles and terminated.
The bundles shall be firmly but not tightly tied utilising plastic or nylon ties or specially treated
fungus protected cord made for this purpose. Control cable conductor insulation shall be
securely and evenly cut.
38.6 The connectors for control cables shall be covered with a transparent insulating sleeve so as to
prevent accidental contact with ground or adjacent terminals and shall preferably terminate
Elmex terminals and washers. The insulating sleeve shall be fire resistant and shall be long
enough to overpass the conductor insulation. All control cables shall be fanned out and
connection made to terminal blocks and test equipment for proper operation before cables are
corded together.

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 SECTION -IV

GUIDELINES ON DEBARMENT OF FIRMS FROM

BIDDING

108
 SECTION- IV
GUIDELINES ON DEBARMENT OF FIRMS FROM BIDDING

CIL and its Subsidiary Companies shall follow the following guidelines for effecting ‘Debarment of firms from
Bidding’ with a contracting entity in respect of Works and Services Contracts.
1. Observance of Principle of Natural Justice before debarment of firm from Bidding. The bidder/contractor shall not
be debarred unless such bidder/contractor has been given a reasonable opportunity to represent against such
debarment (including personal hearing, if requested by the bidder/contractor).
2. The terms ‘banning of firm’, ‘Suspension’, ‘Blacklisting’ etc. convey the same meaning as of ‘Debarment’.
3. The order of debarment shall indicate the reasons(s) in brief that lead to debarment of the firm.
4. The contracting entity may be debarred from bidding in the following circumstances: -
i) Withdrawal of Bid as per relevant provisions of tender document.
ii) If L-1 Bidder fails to submit PSD, if any and/or fails to execute the contract within stipulated period.
iii) If L-1 Bidder fails to start the work on scheduled time.
iv) In case of failure to execute the work as per mutually agreed work schedule.
v) Continued and repeated failure to meet contractual Obligations:
a. In case of partial failure on performance, agency shall be debarred from future participation in tenders keeping
his present contract alive.
b. On termination of contract.
vi) Willful suppression of facts or furnishing of wrong information or manipulated or forged documents by the
Agency or using any other illegal/unfair means.
vii) Formation of price cartels with other contractors with a view to artificially hiking the price.
viii) The contractor fails to maintain/ repair/ redo the work up to the expiry of performance guarantee period,
when it is specifically brought to his notice.
ix) Contractor fails to use Mobilisation advance (if any) given to him for the purpose it was intended.
x) Contractor fails to renew the securities deposited to the department.
xi) The contractor fails to rectify any lapse(s) in quality of the work done within defect liability period.
xii) Transgression of any clause(s) relating to Contractor’s obligation defined in the Integrity Pact wherever such
Pact exists.
xiii) Any other breach of Contract or misdeed which may cause financial loss or commercial disadvantage to the
Company.
xiv) If it is determined that the bidder has breached the Code of Integrity for Public Procurement (CIPP) as
provided in the tender document.
xv) False declarations w.r.t Make in India Order.
xvi) In case of supply of sub-standard materials, sub-standard quality of work, non-execution of work, non-supply
of materials, failure to abide by bid securing declaration (if any) etc. In case of price cartel, matter shall be
reported to the Competition Commission and requesting, inter-alia, to take suitable strong actions against such
firms.
5. Such ‘Debarment, if any when effected, shall be with prospective effect only. The effect of ‘Debarment’ shall

109
be for future tenders from the date of issue of such Order. No contract of any kind whatsoever shall be placed to
debarred firm after the issue of a debarment order by DoE/MoC/CIL/Subsidiary (as applicable) if such debarment
has been done before the last date of bid submission. Even in the case of risk purchase, no contract should be
placed on such debarred firms. In case, any debarred firms have submitted the bid, the same will be ignored. In
case such firm is lowest (L-1), next lowest firm shall be considered as L-1. Bid security/ EMD submitted by such
debarred firms shall be returned to them. The contracts concluded i.e. issue of LOA/issue of work order, before
the issue of the debarment order shall not be affected by the debarment orders.
6. In case CIL is of the view that a particular firm should be banned across all the Ministries/ Departments by
debarring the firm from taking part in any bidding procedure floated by the Central Government Ministries/
Departments, CIL may refer the case to MoC with the approval of Chairman, CIL for referring the case DoE with
a self-contained note setting out all the facts of the case and the justification for the proposed debarment, along
with all the relevant papers and documents. This shall be done only in those case where debarment has been done
across CIL and its Subsidiaries.
7. The debarment shall be for a minimum period of one year and shall be effective for the concerned Subsidiary
for the tenders invited at Subsidiary level. Similarly, in case of tenders of CIL HQ, debarment shall be for CIL
HQ. However, if such ‘debarment’ has to be made effective for entire CIL and its Subsidiaries then approval of
Chairman, CIL shall be required. The period of debarment shall not exceed 02(Two) years. In case of clause
(4)(vi) & (xv) above, period of debarment shall be 02(Two) years.
8. Once a contracting entity is debarred, it shall be extended to the constituents of that entity, i.e. partners (jointly
and severally) in case of Joint Venture, all the partners (jointly and severally) in case of Partnership Firm,
owner/proprietor in case of Proprietorship Firm. The names of partners should be clearly specified in the
Debarment Order. If such debarred owner/Proprietor/ Partner make/form different Firms/entity and attempts to
participate in tenders, the same shall not be entertained during the currency of such debarment. In case the
contracting entity being debarred is a Company then only the Company shall be debarred.
"Company" means a company incorporated under Company’s Act 2013 or under any previous company
law.
9. The above ‘Debarment’ shall be in addition to other penal provisions of NIT/Contract document.
10. Debarment in any manner does not impact any other contractual or other legal rights of CIL and/or its
Subsidiaries.
11. In case of shortage of firms (less than three eligible firms) in a particular group, such debarments may also
hurt the interest of CIL and/or its Subsidiaries. In such cases, endeavour should be to pragmatically analyse the
circumstances, try to reforms the firm and may get a written commitment from the firm that its performance will
improve.
12. Approving Authority: The ‘Debarment’ of a contracting entity shall be done with the approval of the
Competent Authority as per the details below:
a) In case the Accepting Authority of the work is Board or Empowered Committee or FDs or CMD of
CIL/Subsidiary Company, then the Competent Authority for debarment shall be CMD of CIL/Subsidiary
Company.
b) In case the Accepting Authority of the work is up to the level of Director of CIL/Subsidiary Company, then the
110
Competent Authority for debarment shall be Director of CIL/Subsidiary Company.
13. An order for debarment passed shall be deemed to have been automatically revoked on the expiry of that
period and it shall not be necessary to issue a specific formal order of revocation.

A debarment order may be revoked before the expiry of the Order, by the competent authority, if it is of the
opinion that the disability already suffered is adequate in the circumstances of the case or for any other reason.
14. Appellate Authority for debarment orders shall be CMD of CIL/ Subsidiary Company. In case the debarment
is done with the approval of CMD of the Subsidiary Company then Chairman, CIL shall be Appellate Authority.
The appellate authority in case debarment is done with approval of Chairman CIL, shall be CFD of CIL.
15. Any change on the above may be done with approval of FDs of CIL. 16. All the orders of debarment or orders
passed in appeal shall be marked to GM(CMC) / Civil / concerned HODs of CIL/Subsidiary Company/
Application Admin of e-procurement portal of CIL/Nodal officers of Subsidiaries. Application Admin of e-
procurement portal of CIL/Nodal officers of Subsidiaries shall maintain the master data of such banned firms
which shall be made available in the public domain (i.e. on the website of CIL/Subsidiaries/ eProcurement portal
of CIL).

111
 SECTION -V

SAFETY CODE

112
 SECTION -V
SAFETY CODE

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done
from the ground, or from solid construction except such short period work as can be done
safely from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the
ladder and if the ladder is used for carrying materials as well suitable footholds and hand-hold
shall be provided on the ladder and the ladder shall be given an inclination not steeper that ¼ to
1 ( ¼ horizontal and 1 vertical).

2. Scaffolding of staging more than 3.6 m (12ft). above the ground or floor, swung or suspended
from an overhead support or erected with stationary support shall have a guard rail properly
attached or bolted, braced and otherwise secured at least 90 cm (3ft) high above the floor or
platform of such scaffolding or staging and extending along the entire length of the outside
and ends thereof with only such opening as may be necessary for the delivery of materials.
Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building
or structure.

3. Working platforms, gangways and stairways should be so constructed that they should not sag
unduly or unequally, and if the height of the platform or the gangway or the stairway is more
than 3.6 m (12ft) above ground level, they should be closely boarded, should have adequate
width and should be suitably fastened as described in
(2) above.

4. Every opening in the floor of a building or in a working platform shall be provided with
suitable means to prevent the fall of person or materials by providing suitable fencing or railing
whose minimum height shall be 90 cm (3ft).

5. Safety means of access shall be provided to all working platforms and other working places.
Every ladder shall be securely fixed. No portable single ladder shall be over 9 m (30ft) in
length while the width between side rails in rung ladder shall in no case be less than 20 cm (11
½”) for ladder upto and including 3 m (10ft) in length. For longer ladders, this width should be
increased at least ¼” for additional 30 cm (1ft.) of length. Uniform step spacing of not more
than 30 cm shall be kept. Adequate precautions shall be taken to prevent danger from
electrical equipment. No materials on any of the sites or work shall be so stacked or placed
asto cause danger or inconvenience to any person or the public. The contractor shall provide all
necessary fencing and lights to protect the public from accident and shall be bound to bear the
expenses of defence of every suit, action or other proceedings at law that may be brought by
any person for injury sustained owing to neglect of the above precautions and to pay any
damages and cost which may be awarded in any such suit; action or proceedings to any such
person or which may, with the consent of the contractor, be paid to compensate any claim by
any such person.

6. Excavation and Trenching : All trenches 1.2 m (4ft) or more in depth, shall at all times be
supplied with at least one ladder for each 30 m. (100 ft.) in length or fraction thereof. Ladder
shall extend from bottom of the trench to at least 90 cm (3ft) above the surface of the
ground. The side of the trenches which are 1.5 m (5ft) or more in depth shall be stepped back
to give suitable slope or securely held by timber bracing, so as to avoid the danger of sides
collapsing. The excavated materials shall not be placed within 1.5 m (5ft) of the edges of the
trench or half of the depth of the trench whichever is more. Cutting shall be done from top to
bottom. Under no circumstances, undermining or undercutting shall be done.

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7. Demolition: before any demolition work is commenced and also during the progress of the
work,

i. All roads and open areas adjacent to the work site shall either be closed or suitably
protected.

ii. No electric cable or apparatus which is liable to be a source of danger or a cable or

apparatus used by the operator shall remain electrically charged.

iii. All practical steps shall be taken to prevent danger to persons employed from risk of fire
or explosion or flooding. No floor, roof or other part of the building shall be so
overloaded with debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in- Charge
should be kept available for the use of the person employed on the site and maintained in a
condition suitable for immediate use, and the contractor should take adequate steps to ensure
proper use of equipment by those concerned: - The following safety equipment shall
invariably be provided.

i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be
provided with protective footwear and protective goggles.

ii) Those engaged in white washing and mixing or stacking of cement bags or any material
which is injurious to the eyes, shall be provided with protective goggles.

iii) Those engaged in welding works shall be provided with welder’s protective eye-shields.

iv) Stone breaker shall be provided with protective goggles and protective clothing and
seated at sufficiently safe intervals.

v) When workers are employed in sewers and manholes, which are in active use, the
contractors shall ensure that the manhole covers are opened and ventilated at least for an
hour before the workers are allowed to get into the manholes, and the manholes so opened
shall be cordoned off with suitable railing and provided with warming signals or boards to
prevent accident to the public. In addition, the contractor shall ensure that the following
safety measures are adhered to:-

a) Entry for workers into the line shall not be allowed except under supervision of the
Engineering Assistant or any other higher officer.

b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2
to3 hours before any man is allowed to enter into the manhole for working inside.

c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate
paper which changes colour in the presence of such gases and gives indication of their
presence.

d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole.
In case, no Oxygen is found inside the sewer line, workers should be sent only with
Oxygen kit.

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 e) Safety belt with rope should be provided to the workers. While working inside the
manholes, such rope should be handled by two men standing outside to enable him to
be pulled out during emergency.

f) The area should be barricaded or condoned of by suitable means to avoid mishaps of

any kind. Proper warming signs should be displayed for the safety of the public
whenever cleaning works are undertaken during night or day.

g) No smoking or open flames shall be allowed near the blocked manhole being
cleaned.

h) The malba obtained on account of cleaning of blocked manholes and sewer lines
should be immediately removed to avoid accidents on account of slippery nature of the
malba.

i) Workers should not be allowed to work inside the manhole continuously. He should be
given rest intermittently. The Engineer-in-Charge may decide the time up to which a
worker may be allowed to work continuously inside the manhole.

j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.

k) Air-blowers should be used for flow of fresh air through the manholes. Whenever
called for, portable air blowers are recommended for ventilating the manholes. The
Motors for these shall be vapour proof and of totally enclosed type. Non sparking gas
engines also could be used but they should be placed at least 2 meters away from the
opening and on the leeward side protected from wind so that they will not be a source
of friction on any inflammable gas that might be present.

l) The workers engaged for cleaning the manholes / sewers should be properly trained
before allowing to work in the manhole.

m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets
and gloves non sparking tools safety lights and gas masks and portable air blowers (
when necessary). They must be supplied with barrier cream for anointing the limbs
before working inside the sewer lines.

n) Workmen descending a manhole shall try each ladder stop or rung carefully before
putting his full weight on it to guard against insecure fastening due to corrosion of the
rung fixed to manhole well.

o) If a man has received a physical injury, he should be brought out of the sewer
immediately and adequate medical aid should be provided to him.

p) The extents to which these precautions are to be taken depend on individual situation
but the decision of the Engineer-in-Charge regarding the steps to be taken in this
regard in an individual case will be final.

vi) The Contractor shall not employ men and women below the age of 18 years on the work of
painting with products containing lead in any form. Wherever men above the age of 18 are
employed on the work of lead painting, the following precaution should be taken:-

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 a) No paint containing lead or lead products shall be used except in the form of paste or
readymade paint.

b) Suitable face masks should be supplied for use by the workers when paint is applied in
the form of spray or a surface having lead paint is dry rubbed and scrapped.

c) Overalls shall be supplied by the contractors to the workmen and adequate facilities
shall be provided to enable the working painters to wash during and on the cessation
of work.

d) Measures shall be taken, wherever practicable, to prevent danger arising out of from
dust caused by dry rubbing down and scraping.

e) Adequate facilities shall be provided to enable working painters to wash during and on
cessation of work.

f) Overall shall be worn by working painters during the whole of working period.

g) Suitable arrangement shall be made to prevent clothing put off during working hours
being spoiled by painting materials.

9. When the work is done near any place where there is risk of drowning, all necessary equipment
should be provided and kept ready for use and all necessary steps taken for prompt rescue of
any person in danger and adequate provision, should be made for prompt first aid treatment
of all injuries likely to be obtained during the course of the work.

10. Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following standards or conditions:-

i).(a) These shall be of good mechanical construction, sound materials and adequate strength
and free from patent defects and shall be kept repaired and in good working order.

(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of
durable quality and adequate strength, and free from patent defects.

ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no
person under the age of 21 years should be in charge of any hoisting machine including
any scaffolding winch or give signals to operator.

iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley
block used in hoisting or as means of suspension, the safe working load shall be
ascertained by adequate means. Every hoisting machine and all gear referred to above shall
be plainly marked with the safe working load. In case of a hoisting machine having a
variable safe working load each safe working load and the condition under which it is
applicable shall be clearly indicated. No part of any machine or any gear referred to above
in this paragraph shall be loaded beyond the safe working load except for the purpose of
testing.

iv) In case of departmental machines, the safe working load shall be notified by the Electrical
Engineer-in-Charge. As regards contractor’s machines the contractors shall notify the safe
working load of the machine to the Engineer-in-Charge

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 whenever he brings any mach8inery to site of work and get it verified by the Electrical
Engineer concerned.

11. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting
appliances should be provided with efficient safeguards. Hoisting appliances should be
provided with such means as will reduce to the minimum the risk of accidental descent of
the load. Adequate precautions should be taken to reduce to the minimum the risk of any
part of a suspended load becoming accidentally displaced. When workers are employed on
electrical installations which are already energized, insulating mats, wearing apparel,
such as gloves, sleeves and boots as may be necessary should be provided. The worker
should not wear any rings, watches and carry keys or other materials which are good
conductors ofelectricity.

12. All scaffolds, ladders and other safety devices mentioned or described herein shall be
maintained in safe condition and no scaffold, ladder or equipment shall be altered or
removed while it is in use. Adequate washing facilities should be provided at or near
places of work.

13. These safety provisions should be brought to the notice of all concerned by display on a
notice board at a prominent place at work spot. The person responsible for compliance of
the safety code shall be named therein by the contractor.

14. To ensure effective enforcement of the rules and regulations relating to safety precautions
the arrangements made by the contractor shall be open to inspection by the Labour Officer
or Engineer-in-Charge of the department or their representatives.

15. Notwithstanding the above clauses from (1) to (14), there is nothing in these to exempt the
contractor from the operations of any other Act or Rule in force in the Republic of India.

****************************************

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 SECTION –VI

e-Tender PORTAL USER AGREEMENT

118
 SECTION -VI

e Tender Portal User Agreement

In order to create a user account and use the e Tender portal you must read and accept this eTender
portal User Agreement.

A. UNDERTAKINGS TO BE FURNISHED ONLINE BY THE BIDDERI

DO HEREBY UNDERTAKE
1. That all the information being submitted by me/us is genuine, authentic, true and valid on the date
of submission of tender and if any information is found to be false at any stage of tendering or
contract period, I/We will be liable to the following penal actions apart from other penal actions
prescribed elsewhere in the tender document.

a. Cancellation of my/our bid/contract (as the case may be)

b. Forfeiture of EMD
c. Punitive action as per tender document

2. That I/we accept all terms and condition of NIT, including General Terms and Condition and
Special/Additional Terms and Condition as stated there in the tender document as available on the
website.

3. That I/we accept the Integrity Pact as given in the tender document (if applicable).

4. That I/we, am/are giving my/our consent for e-payment and submitting/ shall submit the mandate
form for e-Payment in the format as prescribed in the document in case, the workis awarded to us.

5. That I/we do authorize CIL/Subsidiary for seeking information/clarification from my Bankers

having reference in this bid.

6. That I/we will upload original/certified photo/scanned of all the relevant documents as prescribed in
the tender document in support of the information and data furnished by me/us online.

7. I/We confirm that I/We have not been banned or de-listed by any Govt. or Quasi Govt. agencies or
PSUs. In case We are banned or delisted this information shall be specifically informed to the tender
issuing authority.

8. That I/We accept all the undertakings as specified elsewhere in the tender document.

9. That this online agreement will be a part of my bid and if the work is awarded to me/us, this will
bea part of our agreement with CIL/Subsidiary Company.

B. TERMS AND CONDITIONS OF E-TENDER SERVICES AGREEMENT COPYRIGHT

NOTICE: Copyright©2013, Coal India Limited, India. All rights reserved.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the website solely for
your own non-commercial use provided that you agree that you shall not change or delete any
copyright or proprietary materials from the site.
https://coalindiatenders.nic.in is an e-procurement portal of Coal India Limited/its Subsidiary.

THIS E-TENDER PORTAL AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE

WITH THE USER'S TERMS AND CONDITIONS SET FORTH BELOW:

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PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU MAY NOT
COMPLETE YOUR REGISTRATION AND USE THE E-TENDER PORTAL WITHOUT
AGREEING TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH
BELOW.

BY REGISTERING THE USER NAME AND PASSWORD, YOU AGREE TO ABIDE BY ALL
THE TERMSAND CONDITIONS SET FORTH BELOW:

Bidder Registration, Password and Security:

Upon successful completion of Registration online, User ID and Password will be registered. You
can login, only by giving valid User ID and Password and then signing with your valid Digital
Signature Certificate.

The Online registration/enrollment of bidder on the portal should be done in the name of the
bidder. The person whose DSC is attached to the Registered Bidder should be either the bidder
himself Or, duly authorized by the Bidder.

User ID and password are strictly personal to each Authorised User and non-transferable. The User
shall ensure that its Authorised Users do not divulge or disclose their user ID or password to third
parties. In the event that the Authorised User comes to know that the User ID/Password has been/
might have been divulged, disclosed or discovered by any third party, user or its authorized user
shall immediately modify the password using "Change Password" option. CIL/subsidiary will have
no responsibility or obligation in this regard.
At the time of enrollment in the e-Tendering portal of CIL/its Subsidiaries, the Bidders should
ensure that the status of DSC is active on this site. The activation of newly issued DSC may take 24
hrs or more. Hence Bidders who are obtaining new DSC should register at least 24 hrs before the
submission of Bid.

By registering in this portal you forthwith assume the responsibility for maintaining the
confidentiality of the Password and account, and for all activities that occur under your Password or
Account. You also agree to (a). immediately notify by e-mail to Application Administrator/Nodal
officer, of any unauthorized use of your Password or Account or any other breach of security, and
(b) ensure that you log-out from your account at the end of each session. CIL/its Subsidiaries shall
not be liable for any loss or damage caused to you due to your failure to comply with the foregoing.

Registered user can modify or update some of the information in their profile as and when required
at their own discretion. However some information such as "User ID" are protected against changes
by Bidder after enrollment and some other information such as "Bidder Name" etc. are protected
against changes by Bidder after bid submission.

Modification of software:
With consent of Project Advisory Committee, e-procurement of CIL, the Administrator of e- Tender
portal, reserves the right to modify, add, delete and/or change the contents, classification and
presentation of the information on the market place at any time as it may in its absolute discretion
find to be expedient and without giving any notice. It is the users responsibility to refer to the terms
and/or any change or addition to the same while accessing the site.

Coal India Limited reserves right to interrupt/suspend the availability of the e-Tender system
without any notice to the users.
System Requirements:
It is the users responsibility to comply with the system requirements: hardware, software, Internet
connectivity at user premises to access the e Tender portal as mentioned in the home page in the
link"Resources Required".
Under any circumstances, CIL shall not be liable to the Users for any direct/indirect loss incurred by
them or damages caused to them arising out of the following:

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 (a). Incorrect use of the e-Tender System, or;

(b). Internet Connectivity failures in respect of the equipment used by the Users or by the
Internet Service Providers, or;

(c). Inability of the Bidder to submit their bid due to any DSC related problems, hardware,
software or any other factor which are personal/ special/local to the Bidder.

Contents of Tender Information:

Tenders shall be published by the authorized Tender Inviting Authorities of the respective
Tendering entities of CIL/subsidiary. In case of any clarifications arising out of the tenders, the
users have to contact the respective Tender Inviting Authority.

Bid Submission Acknowledgement:

The User should complete all the processes and steps required for Bid submission. The successful Bid
submission can be ascertained once acknowledgement is given by the system through Bid Submission
number i.e. Bid ID, after completion of all the processes and steps. Coal India Limited is not responsible
for incomplete bid submission by users. Users may also note that the incomplete bids will not be saved
by the system and so the same will not be available to the Tender Inviting Authority for processing. The
acknowledgment is the only confirmation of submission of bid, which the bidder can show as a proof of
participating in the tender. Other than this acknowledgement, no proof will be considered as a
confirmation to the submission of a bid. If the bidder fails to produce this acknowledgement required
for verification in case of dispute, his claim for submission of bid may not be considered.

Upload files:
The bidders have to ensure that the files being uploaded by them are free from all kinds of viruses and
contain only the relevant information as stated by the Tender Inviting Authorities for the particular
tender. It is not obligatory on the part of CIL/subsidiary to read each andevery document uploaded
by the Bidder. If any bidder/Company has uploaded/attached irrelevant data, bogus or fabricated
certificates towards his qualification requirements to the respective tender then their User account will
be liable for termination permanently or temporarily by CIL/subsidiary without any prior notice.

User Conduct:
You agree that all information, data, text, software, photographs, graphics, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content is originated. This means that you are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the e Tender portal.

CIL/subsidiary does not control the Content posted via the e-Tender portal and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Hence under no circumstances,
CIL/subsidiary is liable in any manner for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, e-mailed or otherwise transmitted via the Site.

Amendments to a tender published:

You agree that the CIL/ Subsidiary companies reserves the right to re-tender /cancel a tender or extend
the closing date or amend the details of tender at any time by publishing corrigendum as applicable.

Special Admonitions For International Use :

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online
content and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data to and from India or the country in which you reside.

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Links:
The Site may provide, links to other World Wide Web sites or resources. Because CIL/subsidiary has
no control over such sites and resources, you acknowledge and agree that the CIL/Subsidiary is not
responsible for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or available from such
sites or resources.
You further acknowledge and agree that the CIL/subsidiary shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, Goods or Services available on or through any such site or resources.

Miscellaneous:
This Agreement shall all be governed and construed in accordance with the laws of India & applicable
to agreements made and to be performed in India. The e-Tender portal's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. CIL/subsidiary may assign its rights and duties under this
Agreement to any party at any time without notice to you. Any rights not expressly granted herein are
reserved.

Governing Law:
Terms shall be governed by, and construed in accordance with, Indian law. The parties agree that the
principal civil court of the place where the registered office of Coal India/Subsidiary Company is
situated shall have non-exclusive jurisdiction to entertain any dispute with Coal India/Subsidiary
company. In case of dispute being with a regional Institute of CMPDIL, the principal Civil Court where
the said regional Institute is situated shall be place of suing.

CIL/subsidiary reserves the right to initiate any legal action against those bidders violating allor any
of the above mentioned terms & conditions of e-Tender services agreement.

Modification of terms of Agreement:

CIL/its Subsidiaries reserves the right to add to or change/modify the terms of this Agreement. Changes
could be made by us after the first posting to the Site and you will be deemed to have accepted any
change if you continue to access the Site after that time. CIL/its Subsidiaries reserves the right to
modify, suspend/cancel, or discontinue any or all services/ make modifications and alterations in any or
all of the content, at any time without prior notice. Policy and Security:
General Policy:
CIL/its Subsidiaries is committed to protecting the privacy of our e-Tender site visitors. CIL/subsidiary
does not collect any personal or business information unless you provide it to us voluntarily when
conducting an online enrolment, bid submission etc. or any other transaction on the Site.

Information Collected:
When you choose to provide personal or business information to us to conduct an online transaction, we
use it only for the purpose of conducting the specific online transaction that you requested. The
information is also used for the purpose of vendor searches. For each online transaction, we require only
a minimum amount of personal and business information required to process your transaction.

When you visit our portal to browse, read pages, or download information, we automatically collect and
store only the following information:

The Internet domain and IP address from which you access our portal; The
date and time you access our portal;
The pages you visit

This information would help us to make our site more useful to visitors and to learn about the number of
visitors to our site and the types of technology our visitors use.

We do not give, share, sell or transfer any personal information to a third party unless required to do so
122
by law. If you do not want any personal or business information to be collected, please do not submit it
to us; however, without this required information we will be unable to process your online bid
submission or any other online transaction. Review, update and correction of any personal or business
information can be done directly on the Site.

Use of Cookies:
When you choose to enter into an online transaction, we use cookies to save the information that you
input while progressing through the transaction. A cookie is a very small amount of data that is sent
from our server to your computers hard drive. By enabling this feature, the cookie will remember the
data entered by you and next time when you visit this site, the data stored in the cookie will be available
in future.

Security:
The Site has security measures in place to protect against the loss, misuse and alteration of
information under our control.
e-Mail / SMS Notifications:

The GePNIC eProcurement Server has functionality of automatically sending e-Mail / SMS alerts at
various events as per the bidders’ preference. There is no manual intervention while sending these
predefined e-Mail / SMS alerts. All events for which e-Mails / SMS being sent is also available to users
on the Dash Board / the user login of the Bidder. Although all efforts will be made to ensure timely
delivery of e-Mail / SMS, due to dependency in various other external factors, the delivery of e-Mail /
SMS may not be assured and bidders are requested to check the portal on a periodic basis for any such
events. Non receipt of e-Mail / SMS cannot be quoted as a reason for failure of service as this is an
addedfacility being provided to users.

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 SECTION – VII

ANNEXURES

CONTENTS

Annexure-I: Format for Letter of Bid

Annexure-II: Proforma for Undertaking to Be Accepted Unconditionally by Bidder/S For
Genuineness Of The Information Furnished Online And Authenticity of the Documents
Uploaded Online In Support of his Eligibility (To Be Accepted Through GTE)
Annexure-III: Mandate Form for Electronic Fund Transfer / Internet Banking
Payment.Annexure-IV: Proforma for Execution of Agreement.
Annexure-V: Proforma of Memorandum (To Be A Part of Contract Agreement) Annexure-
VI: Proforma Of Bank Guarantee for Performance Security Deposit (PSD)Annexure-VII:
Proforma Of Bank Guarantee for Mobilization Advance
Annexure-VIII: Pro forma Of Joint Venture Agreement
Annexure-IX: Pre-Contract Integrity Pact
Annexure IXA: CIPP
Annexure-X: Proforma for Undertaking to Be Uploaded by Bidder/S (On Their Letter
Head) Regarding Relatives as Employees of Company, Arbitration Clause (In Case Of
Partnership Firm/JV/Consortium), Local Supplier Status Of The Bidder Etc.
Annexure XI: Proforma for Bank Guarantee against Release of Retention Money Deducted
from Running on Account Bills.
Annexure XII: Invitation and Declaration for Negotiations
Annexure XIII: Format of Revised Offer in Negotiations
Annexure XIV: Format for No Claim Certificate Annexure
Annexure XV: Proforma for Written Consent for Arbitration Clause (Applicable for Partnership Firm
& Joint Venture/Consortium)

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 Annexure-I
FORMAT FOR LETTER OF BID
PROFORMA FOR LETTER OF BID TO BE ACCEPTED UNCONDITIONALLY BY BIDDER
DURING SUBMISSION OF BID ONLINE:
(TO BE ACCEPTED THROUGH GTE)

FORMAT OF “Letter of Bid”

To,
The GM (E&M)/HOD
Eastern Coalfields Limited
Sanctoria, Asansol, West Bengal – 713 322.

Sub: Design, Engineering, Procurement & Supply, Construction, Fabrication, & Erection,
Installation, Testing & Commissioning of grid connected Floating Solar PV Power Plant of 5
MW (AC) with minimum 30 percentage DC overload capacity, at Dalmia OCP, Salanpur Area,
ECL, consisting of all Civil, Structural, and Electrical Works and all other accessories and
facilities required to make it complete in all respects including Power Evacuation, Connectivity
approvals and Comprehensive Operation & Maintenance of plant for five years.

Ref: 1. NIT No.:

2.Tender Id No.:

Dear Sir,

This has reference to above referred bid. I/we have read and examined the conditions of contract, Scope
of Work, technical specifications, BOQ and other documents carefully.

I /We am/are pleased to submit our bid for the above work. I/We hereby unconditionally accept the bid
conditions and bid documents as available in the website/e-Procurement portal, in its entirety for the
above work and agree to abide by and fulfill all terms and conditions and specifications as contained in
the bid document.

I/we here by submit all the documents as required to meet the eligibility criteria as per provision of the
bid notice/document.

I/We hereby confirm that this bid complies with the Bid validity, Bid Security and other documents as
required by the Bidding documents.

If any information furnished by me/us towards eligibility criteria of this bid is found to be incorrect at
any time, penal action as deemed fit may be taken against me/us for which I/We shall have no claim
against CIL/Subsidiary.

Until a formal agreement is prepared and executed, this bid and your subsequent Letter of
Acceptance/Work Order shall constitute a binding contract between us and Eastern Coalfields Ltd.

Should this bid be accepted, we agree to furnish Performance Security within stipulated date and
commence the work within stipulated date. In case of our failure to abide by the said provision
EasternCoalfields Ltd. shall, without prejudice to any other right or remedy, be at liberty to” cancel the
letter of acceptance/ award and to forfeit the Earnest Money and also debar us from participating in
future tenders for a minimum period 12 months” OR to act as specified in the NIT.

125
 Annexure-II

PROFORMA FOR UNDERTAKING TO BE ACCEPTED

UNCONDITIONALLY BY BIDDER/S FOR GENUINENESS OF THE INFORMATION
FURNISHED ONLINE AND AUTHENTICITY OF THE DOCUMENTS UPLOADED
ONLINE IN SUPPORT OF HIS ELIGIBILITY:
(TO BE ACCEPTED THROUGH GTE)

FORMAT OF UNDERTAKING

We solemnly declare that:

1. I/We am/are submitting Bid for the work

against Tender id No. (to be entered by
TIA) ......................... Dated………………… and I/we offer to execute the work in accordance
with all the terms, conditions and provisions of the bid.

2. All information furnished by us in respect of fulfilment of eligibility criteria and qualification

information of this Bid is complete, correct and true.

3. All copy of documents, credentials and documents submitted along with this Bid are
genuine, authentic, true and valid.

4. I/ We hereby authorize department to seek references / clarifications from our Bankers.

5. We hereby undertake that we shall register and obtain license from the Competent Authority
under the contract labour (Regulation & Abolition Act) as relevant, if applicable.

6. I/We have not been debarred by any procuring entity for violation of Preference to Make in
India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by
Govt. of India as amended from time to time.

7. l/We do not have relationship with any other participating Bidders, directly or through
common third parties, that puts us in a position to have access to information about or
influence on the bid of another Bidder, or

8. l/We or any of my/our affiliate has/have not participated as consultant in the preparation of
the design or technical specification of the contract that is the subject of the bid.

9. Certificate regarding compliance to order no.F.No.6/18/2019-PPD dt 23/7/2020 as amended

from time to time of Ministry of Finance, Dept of Expenditure, Public Procurement Division
with respect to restrictions on procurement of goods, services or works from a Bidder of a
country which shares a land border with India and on sub-contracting to Contractors from
such countries - I/we have read the Clause regarding restrictions on procurement from a
Bidder of a country which shares a land border with India and on sub-contracting to
Contractors from such countries; I/we certify that I am/ we are not from such a country or, if
from such a country, has/have been registered with the Competent Authority and will not
sub-contract any work to a Contractor from such countries unless such Contractor is
registered with the Competent Authority. I hereby certify that I/we fulfil all requirements in
this regard and I am/ we are eligible to be considered.
(Where applicable, evidence of Competent Authority shall be attached.)

10. If any information and document submitted is found to be false/ incorrect at any time,
department may cancel my/our Bid and action as deemed fit may be taken against me/us,
including termination of the contract, forfeiture of all dues and debarment of our firm and all
partners of the firm etc. as per the tender document.

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 Annexure-III

MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET BANKING

PAYMENT.
1. Name of the Bidder: ………………………………………………………………

2. Address of the Bidder: ………………………………………………………………….

………………………………………………………………….

City………………………. Pin Code………………………….

E-mail Id ………………………………………………………

Permanent Account Number …………………………………..

3. Particulars of Bank:
Bank Name Branch Name
Branch Place Branch City
PIN Code Branch Code
MICR No.
(9 Digits code number appearing on the MICR Band of the cheque supplied by the
Bank. Please attach Xerox copy of a cheque of your bank for ensuring accuracy of
the bank name, branch name and code number)
RTGS Code
Account Type Savings Current Cash Credit
Account Number (as appearing in the
Cheque Book.

4. Date from which the mandate should be effective:

I hereby declare that the particulars given above are correct and complete. If any
transaction is delayed or not effected for reasons of incomplete or incorrect information. I
shall not hold Company responsible. I also undertake to advise any change in the
particulars of my account to facilitate updation of records for purpose of credit of amount
through SBI Net / RTGS transfer. I agree to discharge responsibility expected of me as a
participant under the scheme. Any bank charges levied by the bank for such e-transfer
shall be borne by us.

Place :
Date :
Signature of the Party / Authorised Signatory

Certified that particulars furnished above are correct as per our records.

Banker’s Stamp Date :

Signature of the Authorised official from the Bank)

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 Annexure-IV

PROFORMA FOR EXECUTION OF AGREEMENT

NON-JUDICIAL STAMP PAPER

(of appropriate value as per Stamp Act)

This agreement is made on ………………. day of …………….. between ( Name of

Company ) having its registered office at ………………………………………………
(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 WITNESSETH 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 annexed 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,

General Technical Specification and Safety Code (Page ……. to ............ )

iii) Schedule-B The probable Quantities and Amount (Page …….. to .............. )

iv) Schedule-C Negotiation letters (Page …….. to .............. )

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

128
 indicated in Schedule B with such variations by way of alteration, addition to or
reduction from the said works.

4) The company has received a sum of Rs............ towards Performance Security Deposit
(1st part of Security Deposit) in the form of Demand Draft / Certified Cheque/ B.G./
other form (details to be furnished) .

5) The said contractor hereby covenants with the company that the company shall deduct at
5% of R/A Bills as Retention Money (2nd part of security deposit ) to make the total
Security as 10%(ten percent) of contract value, as per the terms & condition of the
tender/ contract.

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: .

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 Annexure-V

PROFORMA OF MEMORANDUM (To be a Part of Contract Agreement)

TENDER FOR WORK

I/We hereby tender for the execution for the EASTERN COALFIELDS LIMITED (ECL)
of the work specified in the underwritten MEMORANDUM at rates specified in the Price-
bid within a period of ---------------------------- Days as per Work Order and subject to the
annexed conditions of Contract and with such materials as are provided for by and in all
other respects in accordance with such conditions so far as applicable.

MEMORANDUM

1 Name of Work

2 Agreement Value of Work

3 Performance Security
Deposit
4 Additional Performance
Security Deposit if any
5 Percentage to be deducted
from Bills
6 Scheduled Date of
Commencement of Work
7 Scheduled Date of
Completion of Work

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 Annexure-VI
BANK GUARANTEE FOR PERFORMANCE SECURITY

To
GM (E&M)-HOD,
Eastern Coalfields Limited,
Sanctoria, Asansol, West Bengal – 713 322.

Re: Bank Guarantee in respect of Contract No…………Dated………

Between………… (Name of the Company) and… ................ (Name of the
Contractor)

WHEREAS
………….. (Name and address of the Contractor) (herein after called “the
Contractor”) has entered into a contract made as per letter of acceptance……………….
dated. ......... (herein after called the said contract) with
………… (name of the Company) (hereinafter called “the Company”) to execute
…………. (name of the contract and brief description of work) on the terms and
conditions contained in the said Contract.

It has been agreed that the Contractor shall furnish a Performance Security in the shape of
Bank Guarantee from a Scheduled Bank for a sum of Rs… ............. as
security for due compliance and performance of the terms and conditions of the said
Contract.

We……… (name of the Bank) having its Branch/Office at….............have, at the

request of the Contractor, agreed to furnish this Bank Guarantee by way of Performance
Security.

NOW, THEREFORE, we the… .................... Bank (herein after called The Bank)
hereby, unconditionally and irrevocably, guarantee and affirm as follows:

The Bank do hereby irrevocably guarantee and unconditionally agree with the Company
that if the Contractor shall in any way fail to observe or perform the terms and conditions
of the said Contract or shall commit any breach of its obligation thereunder, the Bank
shall on its mere first written demand, and without any objection, demur and without any
reference to the Contractor, pay to the Company the said sum of …………… or such
portion as shall then remain due
with interest without requiring the Company to have recourse to any legal remedy that
may be available to it to compel the Bank to pay the sum, or failing on the Company to
compel such payment by the Contractor.

Any such demand shall be conclusive as regards the liability of the Contractor to the
Company and as regards the amount payable by the Bank under this Guarantee. The Bank
shall not be entitled to withhold payment on the ground that the Contractor has disputed
its liability to pay or has disputed the quantum of the amount or that any arbitration
proceeding or legal proceeding is pending between the Company and the Contractor
regarding the claim.

The Bank further agree that the Guarantee shall come into force from the date hereof and
shall remain in force and effect till the period that will be taken for the performance of the
131
said Contract which is likely to be …………. day of ………….. but if the period of
Contract is extended either pursuant to the provisions in the said Contract or by mutual
agreement between the Contractor and the Company, the Bank shall renew the period of
the Bank Guarantee failing which it shall pay to the Company the said sum of
………….…. or such lesser amount of the said
sum of ..................... as may be due to the Company and as the Company may
demand.

This Guarantee shall remain in force until the dues of the Company in respect of the said
sum of ......................... and interest are fully satisfied and the Company
certifies that the Contract has been fully carried out by the Contractor and discharged the
guarantee.

The Bank further agrees with the Company that the Company shall have the fullest liberty
without consent of the Bank and without affecting in any way the obligations hereunder to
vary any of the terms and conditions of the said contract or to extend time for performance
of the said contract from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Company against the Contractor and to forebear to
enforce any of the terms and conditions relating to the said Contract and the Bank shall not
be relieved from its liability by reason of such failure or extension being granted to the
Contractor or to any forbearance, act or omissions on the part of the Company or any
indulgence by the Company to the Contractor or any other matter or thing whatsoever
which under the law relating to sureties would but for this provision have the effect or
relieving or discharging the Guarantor.

The Bank further agrees that in case this Guarantee is required for a longer period and it is
not extended by the Bank beyond the period specified above, the Bank shall pay to the
Company the said sum of ………. ….. or such lesser sum as may then be deemed to the
Company and as the Company may require.

This Bank Guarantee shall also be operative at our .......................... Branch located
at ......................... (detailed address), from whom, confirmation regarding issue of
this guarantee or extension/renewal thereof shall be made available on demand.

Any notice by way of request, demand or otherwise hereunder may be sent by post/e-
mail/Fax addressed to the bank branch / operative branch, which shall be deemed to be a
sufficient demand notice. Bank shall effect payment thereof forthwith.

The details of outstation Bank issuing the Bank Guarantee are as below. i)
Complete Postal Address with PIN Code-
ii) Branch Code-
iii)IFSC Code –
iv) SWIFT –
v) Telephone No. –
vi) Fax No. –
vii) Email ID –
The details of Local Operating Branch of the Bank issued the Bank Guarantee are as
below.
i) Complete Postal Address with PIN Code-
ii) Branch Code-
iii) IFSC Code –
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 iv) SWIFT –
v) Telephone No. –
vi) Fax No. –
viii) Email ID –

Whenever there is change in postal address and/or other details of this branch issued the
guarantee and/or the operative branch, we.......................(the issuing
bank) will ensure to intimate respective Area, being the beneficiary, of such changed
address, telephone number, fax number and e-mail ID.

Notwithstanding anything contained herein the liability of the Bank under this Guarantee is
restricted to Rs… .................. The guarantee shall remain in force till
the day ……*……. of ……*. and unless the guarantee is renewed or claim
is preferred against the Bank on or before the said date all rights of the Company under this
guarantee shall cease and the Bank shall be relieved and discharged from all liabilities
hereunder except as provided in the preceding Clause.

* The date of guarantee shall cover a period of minimum one year or 90 days beyond the
date of completion whichever is more.

This guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractor.

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 at our branch at…….
payable at… .................................... (NIT shall specify town/city of the operative
Branch. Bank Guarantee shall specify name of the branch with address of the specified
town/city)

NOTE: - The department shall ensure extension of guarantee period in case of extension
of time.

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 Annexure-VII

PROFORMA OF BANK GUARANTEE FOR MOBILISATION ADVANCE

(On Non-Judicial Stamp paper of appropriate value as per provision of the Stamp Act
applicable in the concerned state)

To
EASTERN COALFIELDS LIMITED,

Dear Sir,
In consideration of Coal India Limited/Subsidiary Company 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 under
the terms and conditions of the Contract No………… dated…………. Entered into
between Coal India Limited/Subsidiary Company and M/s having its Registered Office at
…………………… (hereinafter called “the Contractor” to make mobilisation
advance/lump-sum advance to the tune of Rs………… subject to submission of the Bank
Guarantee for equal amount from any Nationalised/ Schedule Bank, We .................. Bank
(hereinafter referred to as the said Bank) hiving it is Registered Office at …………………..
do hereby undertake and agree to pay the Company to the extent of Rs… .................. on
demand stating that the amount claimed by the Company is due and payable by the
contractor for the reasons of non-refund and or non-recovery of the amount with interest
thereon and to unconditionally pay the amount claimed by the company on such demand
without any demur to the extent aforesaid.

2. We, .......................Bank agree that the Company shall be the sole judge as to whether the
said Contractor has failed/neglected in refunding the amount advanced by the Company
and/or extent of loss and damages caused to or suffered by the Company on account of the
amount advanced not being recovered in full and non-utilisation of the said advanced
amount or part thereof for the purpose of performance of the contract and interest payable
thereon and the decision of the company in this behalf shall be final and binding on us.

3) We, the said Bank further agree that the Guarantee herein contained shall remain in full
force and effect up to …………… and any claim received after the said date shall in no
case bind the Bank.

4) The Company shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee or indemnity from time to time vary any of the terms and
conditions of the said contract or to extend the time of performance by the said contractor
or to postpone any time and from time to time any of the powers exercisable by it against
the said contractor and either to enforce or to forbear from enforcing any of the terms and
conditions governing the said contract or securities available to the company and the said
Bank shall not be released from its liability under these presents.

5. Notwithstanding anything contained herein the liability of the said Bank under this
Guarantee is restricted to Rs… ...............and this Guarantee shall come into force from the
date hereof and shall remain in full force and effect till ………………… unless the
written demand or claim under this Guarantee is made by the Company with us on or
before .......................... all rights of the Company under this Guarantee shall cease to have
any effect and we shall be relieved and discharged our liabilities hereunder.

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6. 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 contractor or the said Bank shall not discharge our liability
hereunder.

7. This guarantee issued by Sri… .............. who is authorized by the Bank.

8. “The Bank Guarantee as referred above shall be operative/payable at our branch
at… .................................. (Name and address of the Branch)

9. The Contact details of the Bank issuing BG and the local operating Branch of the Bank at
Paschim Bardhaman (W.B) are as under :

Particulars Issuing Bank Local Operating Branch

at Paschim Bardhaman
(W.B)
Branch Code
Postal Address
Telephone No.
FAX No.
Email Id

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)

Under jurisdiction of High Court of West Bengal, Calcutta High Court Bench only.

NOTE:

(i) The Bank Guarantee issued by a scheduled bank shall be operative at its branch
situated at Paschim Bardhaman (W.B) or if the issuing bank does not have any branch at
Paschim Bardhaman then Bank Guarantee shall be operative at any of its Kolkata
Branch.

(ii) The Bank Guarantee (BG) issued by the issuing Bank on behalf of contractor in favour of
“EASTERN COALFIELDS LIMITED” shall be in paper form as well as issued under
“Structured Financial Messaging System (SFMS)”.

The details of beneficiary for issue of Bank Guarantee (BG) under SFMS platform is
furnished below:

135
A. ICICI as advising Bank of ECL:

Name of beneficiary and details

Name Eastern Coalfields ltd
Area Head Quarter
Bank A/c No: / Cust ID of beneficiary

IFSC code
Bank Manager Name & Ph no:
BG ADVISING MESSAGE –
Field Number Particulars
7035
7037

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 Annexure-VIII

PROFORMA OF JOINT VENTURE/CONSORTIUM AGREEMENT

(On Non-Judicial Stamp paper of appropriate value as per provision of the Stamp Act
applicable in the concerned state)

This Joint Venture (JV)/Consortium agreement is made on this

……………………..day of………………………………….

AMONGST/BETWEEN

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

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

AND

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

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

AND

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

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

The expressions M/s ………………….. and M/s…………………and M/s

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

WHEREAS M/s……………….and M/s……………… and M/s .............. agreed to

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

NOW THEREFORE, the parties, in consideration of the mutual premises contained

herein, agree as follows:

1) FORMATION AND TERMINATION OF THE JV/CONSORTIUM.

The parties under this Agreement have decided to form a JV/Consortium to submit the
Bid for the above Project and execute the Contract with the Principal Employer for the
Project, if qualified and awarded.

a) The name and style of the JV/Consortium shall be “ ................................................ ”

(hereinafter called the “JV/Consortium”)

b) The Head Office of the JV/Consortium shall be located at……………………….

and the site office will be located at the site of the Project. All communication
regarding the Project will be made to… ................................ Telephone
Nos………………………….

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

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

i) The JV/Consortium fails to obtain qualification from the Employer.

ii) The Contract for the Project is not awarded to the JV/Consortium.
iii)The Employer cancels the Project.
iv) Either Party commits material breach of this Agreement and fails to cure such
breach within the period designated by the non-defaulting Party.
v) Both parties agree to terminate this Agreement in writing.
vi) The Project is completed including defects liability period to the satisfaction of the
Employer and all the parties complete any and all duties, liabilities and
responsibilities under or in connection with the Contract and the JV/Consortium
agreement.

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

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3) REPRESENTATIVE OF THE PARTNERS OF THE JV/CONSORTIUM.
Each constituent party of the JV/Consortium appoints the following personnel
as the representative of the relevant party with full power of attorney from the Board of
Directors of the concerned Company, or from the partners of the entity, or from the
proprietor.
JV/CONSORTIUM Name Position in the respective Company
Partners
M/s…………… …………………. ……………………………………..
M/s…………… …………………. …………………………………….
M/s ………… … ………………… …………………………………….

4) PARTICIPATION SHARE & WORK RESPONSIBILITIES. (As per relevant clause of the
NIT)
4.1 The parties agree that their respective participation share (hereinafter called
‘Participation Share’) in the JV/Consortium shall be as follows:
M/s………………………………….: …….…..% (…............. per cent)
M/s………………………………….: …….…..% (…............. per cent) and
M/s………………………………….. ……..…..% (…............. per cent)

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

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

5) JOINT AND SEVERAL LIABILITIES.

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

6) WORKING CAPITAL
During the execution of work/service, the requirement of Working Capital shall be met
by the JV/CONSORTIUM partners as per relevant clause of e-tender notice.

7) BID SECURITY:
Bid Security, Performance Security and other securities shall be paid by the
JV/Consortium except as otherwise agreed.

8) PERSONNEL & EQUIPMENT

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

9) NON-PERFORMANCE OF RESPONSIBILITY BY ANY PARTY OF

JV/CONSORTIUM.

139
 a) As between themselves, each Party shall be fully responsible for the fulfillment of
all obligations arising out of its scope of the work for the Project to be clarified
subject to the Agreement between the Parties and shall hold harmless and
indemnified against any damage arising from its default or non-fulfilment of such
obligations.

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

c) Stepping into the shoes of the existing partner of JV/Consortium with all the
liabilities of the existing partner from the beginning of the contract with the prior
approval of Company.

d) Notwithstanding demarcation or allotment of work of between/amongst

JV/Consortium partners, JV/Consortium shall be liable for non-performance of the
whole contract irrespective of their demarcation or share of work.

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

10) BANK A/C.

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

11) LIMIT OF JV/CONSORTIUM ACTIVITIES.

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

12) TAXES.
Each Party shall be responsible for its own taxes, duties and other levies to be imposed
on each party in connection with the Project. The taxes, duties and other levies
imposed on the JV/Consortium in connection with the Project shall be paid from the
account of the JV/Consortium.

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

14) MISCELLANEOUS:
a. Neither party of the JV/Consortium shall assign, pledge, sell or otherwise dispose
all or part of its respective interests in the JV/Consortium to all third party without
the Agreement of the other party in writing.
140
 b. Subject to the above Clause, the terms and conditions of this agreement shall be
binding upon the parties, the Directors, Officers, Employees, Successors, Assigns
and Representatives.

15) APPLICABLE LAW

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

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

For …………………………………….. For……………………………..

Signature Signature
(Name & Address ) ( Name & Address )
(Official Seal ) (Official Seal )

Place ………………………………….. Place………………………..

Date …………………………………… Date ……………………………….

Witness Witness
Signature …………………………….. Signature ………………………
(Name & Address ) ( Name & Address )

141
 Annexure-IX
Pre-Contract Integrity Pact

Part-I

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

WHEREAS the BUYER proposes to award, under laid down organizational procedure,
Contracts
“…………………………………………………………………………………………………………
……………………………………………………
…………………………………………………………………………………………………………
………………………………………………………
……………………” (Name of the WORK) and the BIDDER/ Seller is willing to offer/ has
offered the work and

WHEREAS the BIDDER is a private company / public company / Government undertaking /

partnership / registered export agency, constituted in accordance with the relevant law in the
matter and the BUYER is a Public Sector Unit.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence / prejudiced dealings prior to, during and subsequent to the currency of the contract to be
entered into with a view to: -

Enabling the BUYER to obtain the desired said stores / equipment at a competitive price in
conformity with the defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the
contract by providing assurance to them that their competitors will also abstain from bribing and
other corrupt practices and the BUYER will commit to prevent corruption, inany from, by its officials
by following transparent procedures.

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

Section 1: Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the
contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe,
consideration, gift reward, favour or any material or immaterial benefit or any other advantage from
the BIDDER, either for themselves or for any person, organization or third party related to the contract
in exchange for an advantage in the bidding process, bid evaluation, contracting implementation
process related to the contract.

1.2 The BUYER will, during the pre-contract stage, treat all BIDDERS alike, and will provide to all
BIDDERs the same information and will not provide any such information to any particular BIDDER
which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.

142
1.3 All the officials of the BUYER will report to the appropriate Government office any attempted or
completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the
BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER,
necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings
may be initiated by the BUYER and such a person shall be debarred from further dealing related to the
contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings
under the contract would not be stalled.

Commitments of BIDDERs

3. The BIDDER omits itself to take all measures necessary to prevent corrupt practices, unfair means
and illegal activities during any stage of its bid or during any pre-contract or post contract stage in
order to secure the contract or in furtherance to secure it and in particular commit itself to the
following.

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage, commission,
fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with
the bidding process, or to any person, organization or third party related to the contract in exchange
for any advantage in the bidding, evaluation, contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given,. Offered or promised to give, directly
or indirectly any bribe, gift , consideration, reward, favour, any material or immaterial benefit or
other advantage, commission, fees, brokerage or inducement to any official of the BUYER or
otherwise in procuring the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with the Government for showing or
forbearing to show favour or disfavour to any person in relation to the contract or any other
contract with the Government.

3.3 * BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs
shall disclose their foreign principals or associates.

3.4 * BIDDERs shall disclose the payment to be made by them to agents/ brokers or any other
intermediary, in connection with this bid/contract.

3.5 *The BIDDER further confirms and declare to the BUYER that the BIDDER is the original
manufacturer/ integrator/ authorized Government sponsored export entity of the defence stores and
has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate
or in any way to recommend to the BUYER or any of its functionaries, whether officially or
unofficially to the award of the contract to the BIDDER, not has any amount been paid, promised
or intended to be paid to any such individual, firm or company in respect of any such intercession,
facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall disclose any payments he has made, is committed to or intends to make
to officials of the BUYER or their family members, agents, brokers or any other intermediaries in
connection with the contract and the details of services agreed upon for such payments.

3.7 THE BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.

143
3.9 The BIDDER shall not use improperly, for purposes of completion or personal gain, or pass
on to others, any information provided by the BUYER as part of the business relationship,
regarding plans, technical proposals and business details, including information contained in any
electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any
such information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the
actions mentioned above.

3.12 If the BIDDER or any employees of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or
alternatively, if any relative of an officer of the BUYER has financial interest/ stake in the
BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender.

The term “relative” for this purpose would be as defined in Section 6 of the Companies Act1956.

3.13 The Bidder shall not lend to or borrow any money from or enter in to any monetary
dealings or transactions, directly or indirectly, with any employee of the BUYER.

3.14 Bidder shall not approach the Courts while representing the matters to IEMs and he/
shewill await their decision in the matter.

3.15 In case of sub-contracting, the Principal contractor shall take the

responsibility of the adoption of Integrity Pact by the sub-contractor.

3.16 Bidders will no pass any information provided by Principal as part of

businessrelationship to others and will not commit any offence under PC/IPC Act.

3.17 Bidders will disclose any transgressions with any other Company that may impinge on
the anti corruption principle.

3.18 Bidders will not enter into any undisclosed agreement or understanding with other bidders
with respect to prices, specifications, certifications, subsidiary contracts.

4. Previous Transgression:

4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country in respect
of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any
Government Department in India that could justify BIDDER’s exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be
disqualified from the tender process or the contract, if already awarded, can be terminated for such
reason.

5. Earnest Money (Security Deposit) As mentioned in the Tender Document

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 6. Sanctions for Violations:

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to
take all or any one of the following actions, wherever required.

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any
compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would
continue.
(ii) The earnest Money Deposit (in pre-contract stage) and / or Security Deposit/ Performance Bond
(after the contract is signed) shall stand forfeited either fully or partly, as decided by the BUYER
and the BUYER shall not be required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to the
BIDDER.
(iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest
thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case
of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR .
If any outstanding payment is due to the BIDDER from the BUYER in connection with any other
contract for any other stores, such outstanding payment could also be utilized to recover the
aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/ warranty bond, if furnished by the
BIDDER, in order to recover the payments, already made by the BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay
compensation for any loss or damage to the BUYER resulting from such cancellation/ rescission
and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the
BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the Government of India
for a minimum period of five years, which may be further extended at the discretion of the
BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or
agentor broker with a view to securing the contract.
(ix) In case where irrevocable Letters of Credit have been received in respect of any contract signed
bythe BUYER with the BIDDER, the same shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same
withoutassigning any reason for imposing sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this
Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf
(whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX
of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted
for prevention of corruption.

6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been
committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER
can approach the Independent Monitor(s) appointed for the purposes in this Pact.

7. Independent Monitors:

7.1 The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact
in consultation with the Central Vigilance Commission (Names and Address of the Monitors to be
given).
7.2 The task of the Monitors shall be to review independently and objectively, whether and to what
extent the parties comply with the obligations under this Pact.

145
 7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform
their functions neutrally and independently.
7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the
project/ procurement, including minutes of meetings.
7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform
the Authority designated by the BUYER.
7.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project
documentation of the BUYER including that provided by the BIDDER. The BIDDER will also
grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Subcontractors. The
Monitor shall be under contractual obligation to treat the information and documents of the
BIDDER/ Subcontractor(s) without confidentiality.
7.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations
between the parties. The parties will offer to the Monitor the option to participate in such meetings.
7.8 The Monitor will submit a written report to the designated Authority of BUYER/ Secretary in the
Department/ within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/
BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.

8. Facilitation of Investigation

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

9. Law and Place of Jurisdiction

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

10. Other Legal Actions

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

11. Validity

11.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the
complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/Seller,
including warranty period, whichever is later. In case, BIDDER is unsuccessful, this Integrity Pact
shall expire after six months from the date of the signing of the contract.

11.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact shall
remain valid. In this case, the parties will strive to come to an agreement to their original
intensions.

12. The parties hereby sign this Integrity Pact at on

BUYER BIDDER

Name of the Officer CHIEF EXECUTIVE OFFICER

146
Designation
Deptt./MINISTRY/PSU
Witness Witness

1. 1.

2. 2.

* Provisions of these clauses would need to be amended/ deleted in line with the policy of the
BUYER in regard to involvement of Indian agents of foreign suppliers

147
 ANNEXURE- A

Guidelines for Indian Agents for Foreign supplier (Part of Integrity Pact)
1. Authorized Indian Agent of a foreign manufacturer or indigenous manufacturer is also eligible to
quote on behalf of its principal against the tender, in case manufacturer as a matter of corporate
policy does not quote directly. However, in such case, authorized Indian Agent shall have to upload
scanned copy of tender specific Manufacturer’s Authorization, signed and stamped by the
manufacturer to quote against the CIL Tender, indicating the Tender Reference No. and date along
with the offer. The authorized Indian Agent is to upload scanned copies of details in respect of its
organization along with the copies of document like certificate of incorporation / registration etc.
along with the offer. The firm (Indian Agent) should be in existence for 3 years on the date of
tender opening, irrespective of date of appointment as Indian Agent.
In case an Indian Agent is participating in a tender on behalf of one manufacturer, it is not allowed
to participate / quote on behalf of another manufacturer in this tender or in a parallel tender for the
same item. Further, in a tender, either manufacturer can quote or its authorized Indian Agent can
quote but both are not allowed to participate/ quote in the same tender. Also, one manufacturer can
authorise only one agent to quote in the same tender. All the bids, not quoted as per the above
guidelines, will be rejected.
2. The Foreign manufacturer must indicate the name & address of its agent in India. It should also
indicate the commission payable to them and the specific services rendered by them. The Indian
Agency commission will be payable only on FOB prices of goods and it should be quoted as a
percentage of the FOB price. In case, the foreign manufacturer does not have any Indian Agent, it
should be clearly mentioned in the bid. In terms of Integrity Pact, the Bidder has also to disclose all
payments to agents, brokers or any other intermediaries.
The amount of agency commission payable to Indian Agent should not exceed 5% or what is
specified in agency agreement, whichever is lower.
3. In addition to above A certificate that no commission is payable by the principal supplier to any
agent, broker or any other intermediary against this contract other than percentage as indicated in
BOQ (not exciding 5% of FOB) of FOB value of the contract to Indian Agent. This certificate
forms a part of letter of credit.
4. The payment of Indian Agency Commission, if any, involved, may be considered in case of
necessity, subject to compliance of the Government of India guidelines issued from time to time.
The name of the Indian Agent with their full address and the quantum of Agency commission if
any, payable shall have to be mentioned in the offer by the foreign manufacturer.
The following documents shall be submitted by the Bidder in case of contract with foreign
principals involving Indian agents:
a. Foreign principal’s pro-forma invoice or any other authentic document indicating the commission
payable to the Indian agent, nature of after sales service to be rendered by the Indian Agent and the
precise relationship between the Principal and the Agent and their mutual interest
b. Copy of the agency agreement if any with the foreign principal stating the precise relationship
between them and their mutual interest in the business.
However, if all the details given in Para – (i) are complied with, the requirement of submission of
document mentioned at Para – (ii) may be waived.
5. Agency commission, if any, shall be paid in equivalent Indian Rupees.

ANNEXURE - IXA147
 PROFORMA FOR DECLARATION TOWARDS CODE OF INTEGRITY FOR PUBLIC
PROCUREMENT TO BE ACCEPTED UNCONDITIONALLY BY BIDDER/S
(To be signed on Plain Paper)
To
Tender Inviting Authority,
………
Sub: Declaration towards CIPP by Bidder
Ref: NIT No.:
Tender Id No:

Dear Sir,
I, Sri, …………………, proprietor, representative, partner of......................... I / We,
Proprietor/ Partner / Legal Attorney /Director/ Accredited
Representative of M/s .......... Solemnly declare that:
1. I/we have read and examined the conditions of Code of Integrity for Public
Procurement in respect to this contract as laid down in the General Terms and
Conditions.
2. Without prejudice to and in addition to the rights of the Procuring Entity to other
penal provisions as per the bid documents or contract, if the Tender Inviting
Authority comes to a conclusion that a (prospective) bidder/contractor/ Supplier/
consultant/ service provider, directly or through an agent, has violated this code of
integrity in competing for the contract or in executing a contract, actions deemed fit
as per the punitive actions recommended in the tender document may be taken
against me/us.
3. In-case the contract is awarded to me/us, I/we will submit a signed copy of Code of
Integrity for Public Procurement, signed by All Partners/Authorized Signatory of the
Bidder.

(For & On behalf of the Principal) (For & On behalf of Bidder/ Contractor)

(Office Seal) (Office Seal)

Place
Date

Witness 1: Witness 2:
(Name & Address) (Name & Address)

148
 Annexure-X

PROFORMA FOR UNDERTAKING

TO BE UPLOADED BY BIDDER/S (ON THEIR LETTER HEAD) REGARDING RELATIVES AS
EMPLOYEES OF COMPANY, ARBITRATION CLAUSE (IN CASE OF PARTNERSHIP
FIRM/JV/CONSORTIUM) ETC.:

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

1. Myself/Our Partners/Directors don’t has/have any relative as employee of Coal India Limited.
OR
The details of relatives of Myself/Our Partners/Directors working as employee of Coal India
Limited is as follows:
a) Name of the employee
b) Place of posting
c) Department
d) Designation
e) Type of relation - Wife/Husband/ Father/ Step-Father/Mother / Step-Mother/ Son/Step-
son/ Son's wife / Daughter / Daughter's Husband / Brother/ Step-Brother/ Sister / Stet-
Sister.

2. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make
necessary payments as required under law.
OR
*I/We hereby undertake that we shall take appropriate steps for registration as relevant under
CMPF / EPF authorities, if applicable. We shall make necessary payments as required under
law.

* Delete whichever is not applicable.

3. ** I/We have not been banned or delisted by any Govt., or Quasi Govt. Agencies or PSUs.
OR
**I / We...........................have been banned by the organization named
“ ” for a period of ............................ year/s, effective from
………………. to……………………..…..

** Delete whichever is not applicable.

4. We,…………………………………………………………………………………
……………………………..(Name of Partners of Partnership
Firm/JV/Consortium), partners of
…………………………………………………………………..(Name of Partnership
Firm/JV/Consortium) hereby consent to abide by the provisions of Clause 42 of General Terms
and Conditions pertaining to arbitration.
(Applicable in case of Partnership firm/JV/Consortium)

5. **I/We have not been debarred by any procuring entity for violation of Preference to Make in
India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by
Govt. of India as amended from time to time.
OR
**I / We ………………..have been debarred by ....................... (name of
procuring entity) for violation of Preference to Make in India vide Order No. P-45021/2/2017-
149
 PP (BE-II) dated 16.09.2020, issued by Govt. of India as amended from time to time for a
period of ............................ year/s,
effective from ………………. to……………………..…..

**Delete whichever is not applicable.

Note: A bidder who has been debarred by any procuring entity for violation of Preference to
Make in India vide Order No. P-45021/2/2017-PP (BE-
II) dated 16.09.2020, issued by Govt. of India as amended from time to time shall not be
eligible for preference under this Order for procurement by any other procuring entity for the
duration of debarment.

6. I/we will abide by instructions laid down in the Code of Integrity for Public Procurement (CIPP)
as given in the tender document.

*I/we do not have any previous transgression of CIPP in last three years with any entity in any
country.
OR
*I / We have been debarred by ....................... (name of procuring entity) for
violation of Code of Integrity for Public Procurement (CIPP), for a period
of………………… year/s, effective from ……………….
to……………………..…..

*Delete whichever is not applicable

7. I / We, Proprietor/ Partner / Legal Attorney /Director/ Accredited
Representative of M/s , solemnly declare that Myself/Our
Partners/Directors don’t has/have any work in washing of Coal as washery operator and/or
Transportation of coal to washery in Area of Coalfields Limited.

8. If any information and document submitted is found to be false/ incorrect at any time, department
may cancel my/our Bid and action as deemed fit may be taken against me/us, including
termination of the contract, forfeiture of all dues and debarment of our firm and all partners of the
firm etc as per the tender document.

150
 ANNEXURE - XA

PROFORMA FOR LOCAL SUPPLIER STATUS OF THE BIDDER

(To be uploaded by the bidder issued from statutory auditor /cost auditor
OR
practicing cost accountant / practicing chartered account)

PERCENTAGE OF LOCAL CONTENT

I/We, statutory auditor /cost auditor (in case of companies) or practicing cost accountant /
practicing chartered account (in respect of suppliers other than companies), certify that the
works/services offered by M/s ……………………………. against the tender for the work
“…………………………… (Name of work)” against NIT No/Tender ID.........................
Dated… ................... , meet the minimum local content requirement and has local content:

* Equal to or more than 50% (Select this, in case of Class-I Local Suppliers) i.e. ........... %
(indicating the percentage of local content)

* More than 20% but less than 50% (Select this, in case of Class-II Local Suppliers) i.e. ........... %
(indicating the percentage of local content)

*Delete whichever is not applicable.

151
 ANNEXURE-XI
PROFORMA FOR BANK GUARANTEE AGAINST RELEASE OF RETENTION
MONEY DEDUCTED FROM RUNNING ON ACCOUNT BILLS.

To
………………………………………..
………………………………………..
Re: Bank guarantee in respect of contract
No……………………………………..……… Dated…………………………
between …………………. (Name of the ..................... )
And ……………………………………………………….. (Name of the
Contractor)

WHEREAS

………….. (Name and address of the Contractor) (herein after called “the Contractor”) has entered into a
contract dated……….(herein after called the said contract) with ………… (name of the Company)
(hereinafter called “the Company”) to execute .................. (name of the contract and brief description of
work) on the terms and conditions contained in the said contract.

It has been agreed that the Contractor shall furnish a Bank Guarantee from a Scheduled Bank for a
sum of Rs… .............. as security for release of equivalent amount of Retention Money/Bid Security
as per Terms and Conditions of the said Contract.

We……… (name of the Bank) having its branch/Office at… ............ have, at the request of the Contractor,
agreed to furnish this bank Guarantee by way of Bid Security.

NOW, THEREFORE, we the… .................... Bank (herein after called The Bank)
hereby, unconditionally and irrevocably, guarantee and affirm as follows:

The Bank do hereby irrevocably guarantee and unconditionally agree with the Company that if the
Contractor shall in any way fail to observe or perform the Terms and Conditions of the said Contract
or shall commit any breach of its obligation thereunder, the Bank shall on its mere first written
demand, and without any objection, demur and without any reference to the Contractor, pay to the
Company the said sum of ..................... or such portion as shall then remain
due with interest without requiring the Company to have recourse to any legal remedy that may be
available to it to compel the Bank to pay the sum, or failing on the Company to compel such
payment by the Contractor.

Any such demand shall be conclusive as regards the liability of the Contractor to the Company and as
regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to
withhold payment on the ground that the Contractor has disputed its liability to pay or has disputed the
quantum of the amount or that any arbitration proceeding or legal proceeding is pending between the
Company and the Contractor regarding the claim.

The Bank further agree that the Guarantee shall come into force from the date hereof and shall remain
in force and effect till the period that will be taken for the performance of the said Contract which is
likely to be................. day of

152
 …………. but if the period of Contract is extended either pursuant to the provisions in the said
Contract or by mutual agreement between the Contractor and the Company, the Bank shall renew the
period of the Bank Guarantee failing which it shall pay to the Company the said sum of Rs…………..
or such lesser amount of the said sum of Rs… ...................... as may be due to the Company and as the
Company may demand.

This Guarantee shall remain in force until the dues of the Company in respect of the said sum of
Rs… and interest are fully satisfied and the Company
certifies that the Contract has been fully carried out by the Contractor and he has discharged the
guarantee.

The Bank further agrees with the Company that the Company shall have the fullest liberty without
consent of the Bank and without affecting in any way the obligations hereunder to vary any of the
Terms and Conditions of the said Contract or to extend time for performance of the said Contract from
time to time or to postpone for any time or from time to time any of the powers exercisable by the
Company against the Contractor and to forebear to enforce any of the terms & conditions relating to
the said Contract and the Bank shall not be relieved from its liability by reason of such failure or
extension being granted to the Contractor or to any forbearance, act or omissions on the part of the
Company or any indulgence by the Company to the Contractor or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the effect or
relieving or discharging the Guarantor.

The Bank further agrees that in case this Guarantee is required for a longer period and it is not
extended by the Bank beyond the period specified above the Bank shall pay to the Company the said
sum of Rs… .............. or such lesser
sum as may then be deemed to the Company and as the Company may require. This Bank Guarantee

shall also be operative at our ..................... Branch located

at .........................(detailed address), from whom, confirmation regarding issue of this guarantee or

extension/renewal thereof shall be made available on demand.

Any notice by way of request, demand or otherwise hereunder may be sent by post/e-mail/Fax
addressed to the bank branch / operative branch, which shall be deemed to be a sufficient demand
notice. Bank shall effect payment thereof forthwith.

The details of outstation Bank issuing the Bank Guarantee are as below.
i) Complete Postal Address with PIN Code-
ii) Branch Code-
iii) IFSC Code –
iv)SWIFT –
v) Telephone No. –
vi)Fax No. –
vii) Email ID –

The details of Local Operating Branch of the Bank issued the Bank Guarantee are as below.
i) Complete Postal Address with PIN Code-
ii) Branch Code-
iii) IFSC Code –
iv) SWIFT –
v) Telephone No. –
153
vi) Fax No.
vii) Email ID –

Whenever there is change in postal address and/or other details of this branch issued the guarantee
and/or the operative branch, we ...................... (the issuing
bank) will ensure to intimate respective Area, being the beneficiary, of such changed address,
telephone number, fax number and e-mail ID.

Notwithstanding anything contained herein the liability of the Bank under this Guarantee is restricted
to Rs… The Guarantee shall remain in force till the
day ………*………….. of ……*… and unless the Guarantee is renewed or
claim is preferred against the Bank on or before the said date all rights of the Company under this
Guarantee shall cease and the Bank shall be relieved and discharged from all liabilities hereunder
except as provided in the preceding Clause.

* The date of guarantee shall cover a period of minimum one year or 270 days beyond the date of
completion whichever is more.

Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-mail/Fax
addressed to the bank branch/operative branch, which shall be deemed to be a sufficient demand
notice. Bank shall effect payment thereof forthwith.

This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.

The Bank has under it is constitution power to give this guarantee and Shri
……………… 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 at our branch at… ........ payable
at… .................................... (NIT shall specify town/city of the
operative Branch. Bank Guarantee shall specify name of the branch with address of the specified
town/city)”

NOTE:- The department shall ensure extension of guarantee period in case of extension of time.

Instructions to Bidders for both the above BGs

NOTES TO BANK GUARANTEES

While issuing the Bank Guarantee, the issuing bank may please note the following.

154
 i) The bank guarantees issued by the issuing bank on behalf of Contractor, supplier, customer in
favor of Eastern Coalfields Limited shall be in paper form as well as Structured Financial
Messaging System (SFMS).

ii) ………..(Company name) has chosen ….(Bank name) and ….(Bank name) to act
advising/beneficiary bank of …...(Company name). The bank issuing the guarantee can
choose either of these banks to send confirmation through SFMS.

iii) The details of beneficiary for issue of bank guarantee in SFMS platform is as furnished as
below.
1. Name and details of the i. Name
Beneficiary ii. Area
iii. Name of Bank
iv. Bank Account No. ***
v. Department **
2. Beneficiary’s Advising Bank, i. Name of Bank
Branch and Address for ii. Bank Branch Name ***
Confirmation of BGs through iii. Branch Code ***
SMFS iv. Beneficiary Bank Branch ***
IFSC
v. Beneficiary Bank Address ***

*Name of the Area/HQ, to which the NIT is concerned, is to be mentioned.

** Name of Department of the Area/ HQ, to which the NIT is concerned, is to be mentioned
*** Details of Bank Account, IFSC Code, Bank Address of the Area/HQ to which the NIT is
concerned, is to be mentioned

i) The Supplier / Contractor/ Customers are required to take note of it that above particulars are to be
incorporated by the issuing bank properly while issuing the Bank Guarantee under SFMS mode to
avoid any future problem in accepting the BGs.

ii) The Guarantor (BG issuing bank) shall send information about issuance of this Guarantee through
SFMS gateway to the ….(Bank name) (IFSC- ) or ….(Bank name) (IFSC- ), as the
case may be, to aid in the process of confirmation of Bank Guarantee.

iii) The Guarantor (BG issuing bank) shall also send information about issuance of this Guarantee to
its local operating branch at to aid in the process of confirmation as well as claim for
encashment of Bank Guarantee.

iv) The Original Bank Guarantee issued by the outstation bank shall be sent by the Issuing Bank to the
Concerned Department of Head Quarters or Area of
……… Coalfields Limited at ………… (as the case may be) by Speed Post /Registered Post
(AD).

155
 Annexure-XII
Invitation and Declaration for Negotiations
Invitation for Negotiations
(On letterhead of the procuring entity)

No: Dt:

To M/ s Registered A/ D

Sub: Tender No ---------------- opened on --------------for the supply of -------

Dear Sir,
The rates quoted in your tender are considered high. You are therefore, requested to come for negotiations of
rates, on..... (date) at.. (time) at ............. (venue).

You should, however, come for negotiations only in case you are prepared to furnish before such date the
declaration appended herewith.

A copy of the form in which you may submit your revised offer after negotiations is enclosed.
Yours faithfully,

Enclosure: (Authorised Officer)

(1) Form of Declaration
(2) Form of Revised Offer

FORM OF DECLARATION
(To be signed and submitted before start of negotiations)
(On company letterhead)

No: Dt:

To

Sub: Tender No ---------------- Opened on --------------for the supply of --------

Ref: Your invitation for negotiations No: dated:

Dear Sir,
I duly authorised on behalf of M/ s. do declare that in the event of

failure of the contemplated negotiations relating to Tender No. opened on my

original tender shall remain open for acceptance on its original terms and conditions. Yours faithfully,
Place: Signatures of bidder, or officer
Date: authorised to sign the bid documents
on behalf of the bidder

156
 Annexure XIII
Format of Revised Offer in Negotiations

Revised Offer in Negotiations

(On company letterhead)

From…………………………………………………………………………………..

Full address…………………………………………………………………………

To ................................................

Sir,

Sub: Tender No ---------------- opened on --------------for the supply of --------- ----------------

Ref: Your invitation for negotiations no: dated:

1. On further discussions with your representatives on ............................. in

response to your letter no ……………………………….. dated ……………..

We are not prepared to reduce the rates already quoted in the original tender, which will remain valid up
to……………………………….

Or

1. I/ we reduce my/ our rates as shown in the enclosed schedule of items.

2. I/ we am/ are aware that the provisions of the original bidding document remain valid and binding on
me.

3. I/ we undertake to execute the contract as per following Schedule.........

4. I/ we agree to abide by this tender on the revised rate quoted by me/ us, it is open for acceptance for a
period of 180 days from this date, i. e., up to
…………………………. and in default of my/ our doing so, I/ we will forfeit the earnest money deposited with the
original tender/ attached herewith. Eligibility as valid tenderers shall be deemed to be the consideration for the said
forfeiture.

Yours faithfully,

Signatures of bidder or
Officer authorised to sign the bid
documents on behalf of the bidder

157
 ANNEXURE-XIV
NO CLAIM CERTIFICATE

(On company letterhead)

To,
(Contract Executing Officer)
Procuring Entity
NO CLAIM CERTIFICATE

Sub: Contract Agreement no. ---------------- dated --------------for the supply of ----------

We have received the sum of Rs. (Rupees only)

in full and final settlement of all the payments due to us for the supply of under the above mentioned contract
agreement, between us and We hereby
unconditionally, and without any reservation whatsoever, certify that with this payment, we shall have no claim
whatsoever, of any description, on any account, against Procuring Entity, against aforesaid contract agreement
executed by us. We further declare unequivocally, that with this payment, we have received all the amounts
payable to us, and have no dispute of any description whatsoever, regarding the amounts worked out as payable
to us and received by us, and that we shall continue to be bound by the terms and conditions of the contract
agreement, as regards performance of the contract.
Yours faithfully,
Signatures of contractor or
Officer authorised to sign the contract documents on behalf of the contractor (Company stamp)
Date:
Place:

158
 Annexure-XV

PROFORMA FOR WRITTEN CONSENT FOR ARBITRATION CLAUSE

(Applicable for Partnership Firm & Joint Venture/Consortium)

We, all the Partners of M/s ....................................................................................................................(Partnership

Firm/
Joint Venture), do hereby give our written consent for acceptance of the following Arbitration Clause of the NIT
for the Work

“………………………………………………………………………………………………………………………
……………” tendered by ECL, vide NIT No.
………………………………………………………………………………… dated ........................... and Tender Id
…………………………….. :
A. Settlement of Disputes.
It is incumbent upon the contractor to avoid litigation and disputes during the course of execution. However, if such
disputes take place between the contractor and the department, effort shall be made first to settle the disputes at the
company level.
The contractor should make request in writing to the Engineer-in-charge for settlement of such disputes/ claims
within 30 (thirty) days of arising of the cause of dispute/ claim failing which no disputes/ claims of the contractor
shall be entertained by the company.
Effort shall be made to resolve the dispute in two stages
In first stage dispute shall be referred to Area CGM/GM. If difference still persist the dispute shall be referred to a
committee constituted by the owner. The committee shall have one member of the rank of Director of the company
who shall be chairman of the committee.
If differences still persist, the settlement of the dispute shall be resolved in the following manner:
Disputes relating to the commercial contracts with Central Public Sector Enterprises / Govt. Departments (except
Railways, Income Tax, Customs & Excise)/ State Public Sector Enterprises shall be referred by either party for
Arbitration to the PMA (Permanent Machinery of Arbitration) in the department of Public Enterprises.
In case of parties other than Govt. Agencies, the redressal of the dispute may be sought through Arbitration (THE
ARBITRATION AND CONCILIATION ACT, 1996 as amended by AMENDMENT ACT of 2015).
B. Settlement of Disputes through Arbitration
If the parties fail to resolve the disputes/differences by in house mechanism, then, depending on the position of the
case, either the employer/owner or the contractor shall give notice to other party to refer the matter to arbitration
instead of directly approaching Court. The contractor shall, however, be entitled to invoke arbitration clause only
after exhausting the remedy available under the clause 16.
In case of parties other than Govt. agencies, the redressal of disputes/differences shall be sought through Sole
Arbitration as under.
Sole Arbitration:
In the event of any question, dispute or difference arising under these terms & conditions or any condition
contained in this contract or interpretation of the terms of, or in connection with this Contract (except as to any
matter the decision of which is specially provided for by these conditions), the same shall be referred to the sole
arbitration of a person, appointed to be the arbitrator by the Competent Authority of CIL / CMD of Subsidiary
Company (as the case may be). The award of the arbitrator shall be final and binding on the parties of this Contract.
(a) In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any
reason, or his/her award being set aside by the court for any reason, it shall be lawful for the Competent
Authority of CIL / CMD of Subsidiary Company (as the case may be) to appoint another arbitrator in place of
the outgoing arbitrator in the manner aforesaid.

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(b) It is further a term of this contract that no person other than the person appointed by the Competent Authority
of CIL / CMD of Subsidiary Company (as the case may be) as aforesaid should act as arbitrator and that, if for
any reason that is not possible, the matter is not to be referred to Arbitration at all.
Subject as aforesaid, Arbitration and Conciliation Act, 1996 as amended by Amendment Act of 2015, and the rules
thereunder and any statutory modification thereof for the time being in force shall be deemed to apply to the
Arbitration proceedings under this clause.
The venue of arbitration shall be the place from which the contract is issued or such other place as the Competent
Authority of CIL/ CMD of Subsidiary Company (as the case may be) at his discretion may determine.
Applicable Law: The contracts shall be interpreted in accordance with the laws of the Union of India.

Signature of Partners of Partnership Firm/ Joint Venture:

1. Name of Partner : Signature :

2. Name of Partner : Signature :

3. Name of Partner : Signature :

4. Name of Partner : Signature :

5. Name of Partner: Signature :

6. ……………………………………………………………………………………

7. …………………………………………………………………………………..

Note: This CONSENT has to be signed by each Partner of Partnership Firm/ Joint Venture

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 SECTION -VIII
Code of Integrity for Public Procurement (CIPP)

1. Introduction
Public procurement is perceived to be prone to corruption and ethical risks. To mitigate this, the
officials of Procuring Entities involved in procurement and the bidders/ contractors must abide
by the following Code of Integrity for Public Procurement (CIPP). All Procuring officials may be
asked to submit sign declarations to this effect while processing PR on ERP of CIL. To
implement it uniformly and mandatorily, this undertaking shall be in-built in the PR format in
ERP of CIL. The bidders/ contractors should be asked to sign a declaration about abiding by a
Code of Integrity for Public Procurement (including sub-contractors engaged by them) during
submission of bid, with a warning that, in case of any transgression of this code, it would be
liable for punitive actions such as cancellation of contracts, banning and blacklisting or action in
Competition Commission of India, and so on.

2. Code of Integrity for Public Procurement

Procuring authorities as well as bidders, contractors and consultants should observe the
highest standard of ethics and should not indulge in the following prohibited practices, either
directly or indirectly, at any stage during the procurement process or during execution of
resultant contracts:
i) “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or gifts or any
material benefit, in exchange for an unfair advantage in the procurement process or to
otherwise influence the procurement process or contract execution;

ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or attempt to
mislead so that financial or other benefits may be obtained or an obligation avoided. This
includes making false declaration or providing false information for participation in a tender
process or to secure a contract or in execution of the contract;

iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive arrangement, or any
other practice coming under the purview of The Competition Act, 2002, between two or more
bidders, with or without the knowledge of the procuring entity, that may impair the
transparency, fairness and the progress of the procurement process or to establish bid prices
at artificial, non-competitive levels;

iv) “Coercive practice”: harming or threatening to harm, persons or their property to influence their
participation in the procurement process or affect the execution of a contract;

v) “Conflict of Interest”- Participation by a bidding firm or any of its affiliates that are either involved in
the consultancy contract to which this procurement is linked; or if they are part of more than one
bid in the procurement; or if the bidding firm or their personnel have relationships or financial or
business transactions with any official of procuring entity who are directly related to tender or
execution process of contract; or improper use of information obtained by the (prospective) bidder
from the procuring entity with an intent to gain unfair advantage in the procurement process or for
personal gain.
vi) The Bidders shall comply the above provision of “Conflict of Interest” and submit an
undertaking with respect to Clause No. 4.2 (d) & 4.2 (e) in GTE.

Earnest Money deposited by such defaulting Bidders shall be forfeited and they shall be
debarred from participating in future tenders in concerned Subsidiary/CIL HQ for a period of
12(twelve) months from the date of issue of such letter. In case of
JV/CONSORTIUM/Partnership firm, the debarment shall also be applicable to all individual
partners of JV/CONSORTIUM/Partnership firm.

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 vii) “Obstructive practice”: materially impede the procuring entity’s investigation into allegations of
one or more of the above mentioned prohibited practices either by deliberately destroying,
falsifying, altering; or by concealing of evidence material to the investigation; or by making
false statements to investigators and/ or by threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation; or by impeding the procuring entity’s rights of audit or access to
information;

3. Obligations for Proactive Disclosures

i) Procuring authorities as well as bidders, contractors and consultants, are obliged under Code
of Integrity for Public Procurement to suo-moto proactively declares any conflicts of interest
(coming under the definition mentioned above – pre-existing or as and as soon as these arise
at any stage) in any procurement process or execution of contract. Failure to do so would
amount to violation of this code of integrity; and

ii) Any bidder must declare, whether asked or not in a bid document, any previous
transgressions of such a code of integrity with any entity in any country during the last three
years or of being debarred by any other procuring entity. Failure to do so would amount to
violation of this code of integrity.

iii) To encourage voluntary disclosures, such declarations would not mean automatic
disqualification for the bidder making such declarations. The declared conflict of interest may
be evaluated and mitigation steps, if possible, may be taken by the procuring entity. Similarly
voluntary reporting of previous transgressions of Code of Integrity elsewhere may be evaluated
and barring cases of various grades of debarment, an alert watch may be kept on the bidder’s
actions in the tender and subsequent contract.
4. Punitive Provisions
Without prejudice to and in addition to the rights of the procuring entity to other penal
provisions as per the bid documents or contract, if the procuring entity comes to a conclusion
that a (prospective) bidder/ contractor directly or through an agent, has violated this code of
integrity in competing for the contract or in executing a contract, the procuring entity may take
appropriate measures including one or more of the following:
i) If his bids are under consideration in any procurement
a) Forfeiture or encashment of bid security;
b) calling off of any pre-contract negotiations; and
c) rejection and exclusion of the bidder from the procurement process
ii) If a contract has already been awarded
a) Cancellation of the relevant contract and recovery of compensation for loss incurred
by the procuring entity;
b) Forfeiture or encashment of any other security or bond relating to the procurement;
c) Recovery of payments including advance payments, if any, made by the procuring
entity along with interest thereon at the prevailing rate;
iii) Provisions in addition to above:
a) / debarment of the bidder from participation in future procurements of the procuring
entity for a period not less than one year;
b) In case of anti-competitive practices, information for further processing may be filed,
with the Competition Commission of India;
c) Initiation of suitable disciplinary or criminal proceedings against any individual or staff
found responsible. Signature Not Verified
Digitally signed by SARVESH KUMAR
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Date: 2024.10.01 12:16:53 IST
Location: Coal India Limited-CIL

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