Tendernotice - 1 - 2022-01-28T103903.252
Tendernotice - 1 - 2022-01-28T103903.252
(A Miniratna Company)
(A Subsidiary of Coal India Limited)
Tender Document
For
Finalization of Contract of Service Provider for a period of
2 years for Sale of scrap materials of unserviceable plant
and Machineries, Burnt/used oils and miscellaneous
surveyed off materials, hazardous items including e-
waste of CCL through e-auctions
(For conclusion of contract order for service provider for a period of two years for Sale of scrap through
e-auction)
Note : This NIT is in supersession of the earlier NIT floated vide Tender ID:2021_CCL_225389_1;
Tender Ref No. CCL/MM/ Store/e-Auction /Service/21-22/306.
2. The tender document shall be available on the website of Central Public Procurement Portal
(www.eprocure.gov.in) and CCL website www.centralcoalfields.in. The offer made on the basis
of such tender document shall be considered valid for participating in the online tender on CIL’s e-
Procurement Portal (https://coalindiatenders.nic.in). No offline bids will be accepted.
3. There will be no physical/manual sale of tender document. There is no Tender Fee and the
bidders can download tender document free of cost from any of the websites mentioned above.
4. Details of Tender:
Estimated
EarnestMoney(In Contract
Description of Service Contract
Rs.) Period
value(In Rs.)
Finalization of Contract of Service
Provider for a period of 2 years for
Sale of scrap materials of
unserviceable plant and Machineries, 15,57,600.00 31,152.00 02 (two
Burnt/used oils and misc. surveyed off years)(Refer NIT )
materials, hazardous items including
e-waste of CCL through e-auctions
* Note: 1. Based on the estimated contract value as above, the expected sale
& lifting of scrap will be around Rs. 40 Cr (approximate estimate) in 2 years.
5. Time Schedule of Tender:
6. Deposit of EMD: All bids are to be submitted on-line on E Procurement portal of Coal India Ltd website
https://coalindiatenders.nic.in. No Offline-Bids will be accepted. ‘Earnest Money Deposit’ is to be submitted
online through payment gateway provided at NIC Portal during online submission of bids.
a. In the Online mode, the bidder can make payment of EMD through Axis Bank payment Gateway by net banking
from designated Bank or through NEFT / RTGS from any scheduled Bank to CIL Bank Account against challan
generated by e procurement portal.
b. The payment of EMD made through online mode must be received in CIL Account before the last date and time
of submission of bid, otherwise the bidder shall not be able to freeze bid in the portal. It is advised that the
payment of EMD should be made at least 2 days prior to due date and time of submission of tender to avoid any
complications in submitting online bid before the schedule last date and time of submission.
c. Physical mode of payment i.e. Banker cheques or Demand drafts is not acceptable.
In case of exemption of EMD, the self-attested scan copy of document in support of exemption will have to be
uploaded/ submitted by the bidder during bid submission which will be verified along with bid documents.
Exemption of EMD: The following bidders shall be exempted from payment of EMD. The bidders as per
eligibility will have to upload the scanned copy of the documents as specified below in support of their
claim for exemption of EMD during submission of bid on-line.
Sl.No. Category of bidders Documents against exemption of EMD
1 State/Central Self- declaration
Government
Organizations/PSU
2 DGS&D/NSIC registered Valid and Complete NSIC Registration certificate
Firms attested by Notary Public
3 Ancillary Units of CCL Valid and Complete Ancillary status
certificate attested by Notary Public
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4 Micro / Small Public Notary Attested copy of Registration certificate
Enterprises[MSE] for the tendered item issued by District Industries Centre
or Khadi and Village Industries Commission or Khadi
and Village Industries Board or Coir Board or National
Small Industries Corporation or Directorate of
Handicrafts and Handloom or any other body specified
by Ministry of Micro, Small and Medium Enterprises,
Or Udyog Aadhaar Memorandum [UAM] issued by
Ministry of MSME, Or Entrepreneurs Memorandum
(EM-II) signed by DIC.
5 Startup Public Notary Attested copy of Recognition certificate
from Department for Promotion of Industry & Internal
Trade [DPIIT].
Note: 1. Wherever relevant Registration certificate indicate certain validity period, Bidders have to
ensure that such validity period covers the original date of tender opening. 2. Above referred “Public
Procurement Policy for MSEs Order, 2012” is applicable for procurement of goods produced and
services rendered by MSEs. Traders are excluded from the purview of Public Procurement Policy.
The offers submitted shall be considered valid only when accompanied by EMD as per the details
mentioned above in the form of e-payment or relevant documentary evidence for exemption of EMD.
Refund of EMD:
EMD of rejected bidders (except the bidders whose EMD is to be forfeited) at any stage will be refunded
directly to the account from where it has been received. 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.
If the refund of EMD is not received by the bidder in the account from which the EMD has been paid due to
any technical reason then it will be paid through e-payment. Bidder may have to submit Mandate Form for
such e- Payment, if the mandate is not submitted by the bidder earlier.
In case the tender is cancelled then EMD of all the participating bidders will be refunded unless it is
forfeited by the Purchaser.
If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender) then the EMD
will be refunded automatically after the opening of Bid.
The Earnest Money deposited by the L-1 bidder / Successful Bidder will be refunded on receipt of required
Security Money from the bidder.
Forfeiture of EMD
The EMD shall be forfeited in the following cases:
• If the bidder withdraws its bid during the period of bid validity offered by the bidder; or
• In the case of a successful bidder, if the successful bidder fails
1. Fails to submit order acceptance within 30 days from the date of order; or
2. Refuses to accept/execute the contract.
3. Fails to furnish the Security Deposit for the due performance of the contract within the
specified period.
7. Clarification of Bid: The bidder may seek clarification online within the specified period. The identity
of the Bidder will not be disclosed by the system. The department will clarify as far as possible the
relevant queries of bidders. The clarifications given by department will be visible to all the bidders
intending to participate in that tender. The clarifications may be asked from the day of e-Publication of
NIT. The period for seeking clarification by bidder will be up to 15 (fifteen) days before the end date of
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bid submission. The replies to clarifications sought by bidders shall be given at least 7 days (24x7 hours)
time before the end date of bid submission.
Note: No queries will be entertained after stipulated date. Bidders may also note that queries which
are not received online through e-tender portal will not be entertained. Queries/clarifications
submitted through offline mode/e-mail will not be entertained.
8. There is no provision to take out the list of parties which have downloaded the tender document from
the above referred website. As such, bidders are requested to visit the website once again before due
date of tender opening to ensure that they have not missed out any corrigendum issued against the said
tender after they have downloaded the tender document. The responsibility of downloading the
corrigendum, if any, will be of the downloading party. No separate intimation in respect of
corrigendum to the NIT (if any) will be sent to the bidders who have downloaded the tender document
from website.
9. The bidders, in their own interest, are requested not to wait till the last moment for submission of bid to
avoid last minute rush and local problems related to internet connectivity, law and order, strike, bundh
etc. The Purchaser shall not be responsible, if bids could not be uploaded due to such local problems at
the bidders’ end. The offer should be submitted (uploaded) strictly as per the terms and conditions and
procedures laid down in the website https://coalindiatenders.nic.in tender document failing which the
offer is liable for rejection. Bidders should download the complete NIT including the Annexures and
read carefully before filling the details and uploading the documents. The offers with any deviations to
the NIT terms and conditions shall be liable for rejection.
10. It is certified that the tender documents comply with Public Procurement Policy for MSEs Order, 2012,
as amended and incorporated in CIL purchase manual 2020.
12. Digital Signature Certificate (DSC): Bidders may obtain Digital Signature Certificate (DSC) from
any Certifying Authority authorized by Controller of Certifying Authority (CCA), Govt of India and
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which can be traced up to the chain of trust to the Root Certificate of CCA.
14. Communication: All communication sent by CCL as well as the e-procurement service provider by
post/fax/e-mail/SMS shall be deemed as valid communication. The bidder must provide complete
address, fax number, e-mail id and mobile number.
15. Cost of Bidding: The bidder shall bear all costs associated with the preparation and online submission
of bid, and Central Coalfields Limited (CCL) will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of thebidding process.
16. Undertaking by the Bidder (User Portal Agreement): 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 Commercial and General Terms & Conditions and other conditions
including corrigendum, if any, along with an online undertaking in support of the authenticity of the
declarations regarding facts, figures, information and documents furnished in its offer on-line in
order to become an eligible bidder and if thesame is found to be wrong or misleading at any stage,
they will be liable for punitive action. No conditional bid shall be accepted.
17. The Bidder is expected to examine all instructions, forms, formats, terms and specifications in the Bid
Documents and corrigendum, if any. Failure to furnish all information / documents/ certificates
required by the Bid Documents will be at the Bidder's risk and it may result in rejection of its bid
18. The authenticity of the self-certificate as well as other documents submitted/uploaded by the bidder
will solely be their responsibility and appropriate action will be taken by CIL/Subsidiary Company if it
is subsequently found to be misleading/ false/ forged.
19. Cartel Formation/Pool Rates: This tender is also governed by Competition Act, 2002, as amended by
the Competition (Amendment) Act, 2007 & amended from time to time. Strict action as per the above
act shall be taken against the bidders indulging in such practices, as per the relevant guidelines and CIL
Purchase Manual.
20. Conflict of interest among Bidders/ Agents: A bidder shall not have conflict of interest with other
bidders. Such conflict of interest can lead to anti-competitive practices to the detriment of Procuring Entity's
interests. The bidder(s) found to have a conflict of interest shall be disqualified. A bidder may be
considered to have a conflict of interest with one or more parties in this bidding process, if:
a) They have controlling partner (s) in common; or
b) They receive or have received any direct or indirect subsidy /financial stake from any of
them; or
c) They have the same legal representative/ agent for purposes of this bid; or
d) They have relationship with each other, directly or through common third parties, that
puts them in a position to have access to information about or influence on the bid of
another bidder; or
e) Bidder participates in more than one bid in the bidding process. Participation by a bidder
in more than one Bid will result in the disqualification of all bids in which the parties are
involved. However, this does not limit the inclusion of the components/subassembly/
assemblies from one bidding manufacturer in more than one bid.
f) In cases of agents quoting in offshore procurements, on behalf of their principal
manufacturers, one agent cannot represent two manufacturers or quote on their behalf in
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a particular tender enquiry. One manufacturer can also authorize only one agent/ dealer.
There can be only one bid from the following:
1. The principal manufacturer directly or through one Indian agent on their behalf; and
2. Indian/foreign agent on behalf of only one principal.
g) A Bidder or any of its affiliates participated as a consultant in the preparation of the
design or technical specifications of the contract that is the subject of the Bid;
In case of a holding company having more than one independently manufacturing units, or more
than one unit having common business ownership/management, only one unit should quote. Similar
restrictions would apply to closely related sister companies. Bidders must proactively declare such
sister/ common business/ management units in same/similar line of business.
21. CODE OF INTEGRITY FOR PUBLIC PROCUREMENT (CIPP): The Service Provider shall
observe the highest standard of ethics while competing for and during execution of contracts.
In pursuit of this policy, for the purpose of this provision, the terms set forth below are
defined as follows:
i. "Corrupt Practice" means 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" means 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 the execution of a
contract;
iii. "Anti-competitive Practice" means 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 Purchaser,
that may impair the transparency, fairness and the progress of the procurement
process or to establish bid prices at artificial, noncompetitive levels;
iv. "Coercive Practice" means harming or threatening to harm, directly or indirectly, at
any stage, persons or their property to influence theirparticipation in the procurement
process or affect the execution of a contract;
v. "Conflict of interest" means 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 or indirectly 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; and
vi. "Obstructive practice" means 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.
The Service Provider, are obliged under Code of Integrity for Public Procurement to suo
moto proactively declare 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. Any bidder must declare 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, and would attract suitable penal action as deemed fit.
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22. Canvassing in connection with the tenders in any shape or form is strictly prohibited and tenders
submitted by such bidders who resort to canvassing shall be liable for rejection.
23. CCL/CIL reserves the right to postpone the date of receipt and opening of tenders or to cancel the
tenders without assigning any reason whatsoever.
24. CCL/CIL does not bind itself to accept the lowest tender and reserves the right to reject any or all the
tenders without assigning any reasons whatsoever and to accept the tender in part and not in its
entirety, without thereby incurring any liability to the affected bidder or bidders.
25. Matters relating to any dispute or difference arising out of this tender and subsequent contract
awarded based on this tender shall be subject to the jurisdiction of Ranchi Court.
26. Resolution of Dispute between CPSE & Govt. Dept. through AMRCD: In the event of any dispute or
difference relating to the interpretation and application of the provisions commercial contract (s)
between Central Public Sector Enterprises (CPSEs) / Port Trusts inter se and also between CPSEs and
Government Departments / Organizations (excluding disputes concerning Railways, Income Tax,
Customs & Excise Departments), such dispute or difference shall be taken up by either party for
resolution through Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) as
mentioned in DPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 Dated: 22.05.2018
27. It is certified that the tender documents comply with Public Procurement Policy for MSEs Order, 2012,
as amended till date and incorporated in CIL purchase manual
28. This tender and resultant contract order will be governed by CIL purchase manual and extant
procedures of CCL/CIL issued from time to time.
29. Qualification Criteria & Proven-ness Criteria
(A) Qualification Criteria:
The Intending service providers shall possess GST Registration Certificate and submit GST
invoice for services: unless the bidder is exempted or opted for composition scheme as per
relevant provision of GST ACT 2017 and required to upload any one of the following
documents.
3. The bidder claiming exemption for GST, shall upload certificate from Practicing
Chartered Accountant / Cost & Management Accountant / Company Secretary that Bidder
is fulfilling all the conditions prescribed in GST Act, 2017 to make him exempt from
registration.
In respect of the above eligibility criteria the bidders are required to furnish the following
information on-line:
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scrap materials, unserviceable plant and Machineries, stores/spares, Burnt/used oils and
miscellaneous surveyed off materials, hazardous items including e-waste through e-auction
for a total value of at least Rs.2.00 Crores (Rupees Two Crores only) for each year in the past
three years i.e., 2018-2019, 2019-2020 & 2020-2021 for State/Central Government
Organizations/PSUs only shall be considered as Proven/Eligible to quote against this tender.
Certificate of Charted Accountant confirming the sale so finalized in each of the three years
(2018-2019, 2019-2020 & 2020-2021) must be submitted.
In respect of the above Proven-ness Criteria the bidders are required to furnish the
following information online:
In respect of the above eligibility criteria the bidders are required to furnish the
following information on-line:
(i) Confirmation in the form of Yes/No regarding possessing and submission of
Permanent Account Number (PAN) issued by Income Tax department, Govt. of
India.
(ii) Permanent Account Number
(D) 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:-
A. ‘Class-I local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 50%, as defined
under said order.
B. ‘Class-II local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 20% but less than
50%, as defined under said order.
C. ‘Non-Local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content less than 20% as defined under said order
D. ‘Local Content’ means the amount of value added in India which shall be the total value of
the item procured (excluding net domestic indirect taxes) minus the value of imported
content in the item (including all customs duties) as a proportion of the total value, in
percent.
E. ‘Margin of Purchase Preference’ means the maximum extent to which the price quoted by a
Class-I local supplier may be above the L1 for the purpose of purchase preference. The margin
of purchase preference is 20%.
In respect of the above eligibility criteria the bidder is required to furnish the following in-
formation online:
i). Confirmation in the form of Yes/No regarding possessing of required document indicating
percentage of local content as enlisted in NIT.
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Note:-
I. If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at the time of
bidding shall submit either self-certification indicating the percentage of local content in the
offered items.
II. If the estimated value of procurement is more than Rs. 10 crores, all the Bidders shall submit
along with its bid a certificate from the statutory auditor or cost auditor of the company (in
case of companies) or from a practicing cost accountant or practicing chartered account (in
respect of suppliers other than companies) giving the percentage of local content.
Scanned copy of documents to be uploaded by bidder(s) in support of information / declaration
furnished online by the bidder against Eligibility Criteria as Confirmatory Document.
(E) Banned or Delisted or Debarred or 'Put on Holiday' Suppliers Certificate: The bidder
as well as the principal (if bidder is not the principal) would give a declaration that they have
not been banned or de-listed or Debarred or put on holiday by any Government or quasi-
Government agencies or PSUs. If a bidder has been banned by any Government or quasi-
Government agencies or PSU, this fact must be clearly stated and it may not necessarily be
acause for disqualifying the bidder. If this declaration is not given, the bid will be
rejected as non-responsive. In case bidder has been banned or de-listed or Debarred or
put on holiday by any Government or quasi- Government agencies or PSUs, in addition to
the declaration regarding banning, they shall have to upload a copy of banning or de-listing
or debarring or put on holiday letter issued by concerned Government or quasi-Government
agencies or PSUs to them, in the other eligibility criteria under cover 1 documents.
30. Relaxation of Norms for Start-ups and Micro & Small Enterprises (MSEs in Public
Procurement regarding prior Experience-Prior Turnover criteria.)
The relaxation of norms for Micro & Small Enterprises and startups shall be compliant to following
Govt. of India directives:
1. Govt. of India Policy Circular no. 1(2)(1)/2016-MA dated 10.03.2016,
2. O. M. No. F-20/2/2014-PPD(Pt) dated 25th July 2016 of Under Secretary to GOI, Ministry of
Finance, Department of Expenditure, Procurement Policy Division, New Delhi
3. D.M. No. F-20/2/2014-PPD(Pt) dated 20.09.2016 of Under Secretary (PPD), Ministry of
Finance, Department of Expenditure, procurement Policy Division, New Delhi
4. MSME's OM No. 21(2) 12016-MA dated 18.02.2016
5. No.F.18/14/2020 – PPD, Department of Expenditure, MoF, GoI dt.29/06/2020
Relaxation of Norms for Startups and Micro & Small Enterprises (MSEs in Public
Procurement Regarding prior Experience-Prior Turnover criteria)
a) Relaxation of Prior Experience & Prior Turnover criteria will be provided only to startups as per
No.F.18/14/2020 – PPD, Department of Expenditure, MoF, GoI dt. 29/06/2020.
b) Bidder has to upload the documents as per clause no. 35.1 (B) (2) to avail the above benefit.
Startup Definition:
An entity shall be considered as a Startup as recognized by Department for Promotion of Industry &
Internal Trade (DPIIT), Ministry of Commerce and Industry.
In order to avail benefits provided to Startups, the bidder has to be recognized by DPIIT [GSR No.
127(E) dated 19.02.2019 of Gazette of India].
To avail the facilities/Preferences the Startup will have to upload the required documents (Self -
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attested) as specified in Clause no: 35.1 (B) of the NIT to confirm their eligibility.
31. Purchase Preference to MSE & Ancillary units and Make in India Policy:
The facilities / preferences for procurement of materials from the Ancillary units, Startups and Micro /
Small Enterprises (MSE) shall be extended as per CIL Purchase Manual.
Please note that the share of women entrepreneur shall be 3% of 25% reserved for MSE’s and that for
SC/ST shall be 4% of 25% reserved for MSE as per the latest Public Procurement guidelines.
In terms of the above said policy, purchase preference shall be given to MSEs in the
following manner:
1) In tender, participating MSEs quoting price within price band of L1 + 15% shall also be allowed
to supply a portion of the requirement by bringing down their price to L1 price in a situation
where L1 price is from someone other than an MSE and such MSE shall be allowed to supply up
to 25% of total tendered value.
2) In case of more than one such MSE, the supply shall be shared proportionately (to tendered
quantity). Subsequently, it has been clarified by the Ministry of MSME, that in case two or more
MSEs are within L1 + 15%, all such vendors need to be given an opportunity to accept L1 price
and shall share the 25% of the ordered value equally.
3) It is clarified that if L1 price is quoted by an MSE, then the MSE who quotes L1 price will get the
opportunity for full supply. However, if there are ancillary units within L 1 + 15% price band,
then 25% quantity shallbe distributed among them at L1 price.
4) Further, in case of non-divisible tenders, an MSE quoting in the price band of L1 +15% may be
awarded for full/complete supply of tendered value, considering the spirit of policy for enhancing
the government procurement from MSEs, subject to bringing down of price to L1 by the MSE
concerned.
5) Where any Aggregator, appointed by the Ministry of MSME, themselves quote on behalf of some
MSE units, such offers will be considered as offers from MSE units and all such facilities would
be extended to these also.
6) This Policy is meant for procurement of only goods produced and services rendered by MSEs and
not for any trading activities by them. An MSE Unit will not get any purchase preference over
another MSE Unit.
Note: Startups (which are Non-MSEs) are not eligible for purchase preference.
Since, the quantity is non-split able / non-divisible, MSE quoting price within L1+15% may be
awarded for full / complete service of total tendered value to MSE, as per MSE policy subject to
acceptance of L1 price.
Special Note: Bidder’s claiming purchase preference under any policy of Government of India
specifically mentioned in the NIT shall register in the e-Procurement portal as privileged /
preferential category bidder before submitting their bid.
The bidders who are eligible for purchase preference for being an MSE / 'Make in India' bidder /
Domestically Manufactured Electronic Products bidder/ Ancillary units should enroll their name in Coal
India's e-Procurement Portal as "Preferential Bidder'' either by modifying their profile or while making
"Online Bidder Enrollment". The necessary documents in support of the eligibility for purchase
preference should also be uploaded against the specified tender to avail the benefits of Public
Procurement Policy Order, 2012
I. Any bidder from a country which shares a land border with India will be
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eligible to bid in this tender only if the bidder is registered with the Competent
Authority.
II. "Bidder" (including the term 'tenderer', ‘consultant’, ‘vendor’ or 'service provider' in
certain contexts) means any person or firm or company, including any member of a
consortium or joint venture (that is an association of several persons, or firms or
companies), every artificial juridical person not falling in any of the descriptions of
bidders stated 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 thepurpose of this
Order means: -
a. An entity incorporated, established or registered in such acountry; or
b. A subsidiary of an entity incorporated, established or registered in such acountry;
or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.
IV. The beneficial owner for the purpose of (iii) above will be as under:
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D3)
Note: (While filling Annexure –D3, the bidder must follow the below mentioned
guidelines)
a) Where applicable, evidence of valid registration by the Competent Authority shall be
attached along with this certificate".
b) This Order will not apply to bidders from those countries (even if sharing a land border with
India) to which the Government of India has extended lines of credit or in which the
Government of India is engaged in development projects as per Updated lists of countries to
which lines of credit have been extended or in which development projects are undertaken are
given in the website of the Ministry of External Affairs.
c) Validity of registration with the competent authority should be valid at the time of submission
of bids and at the time of acceptance of bids.
d) If tender specific certificate as above uploaded by a bidder whose bid is accepted is found to
be false, this would be a ground for immediate termination, and further legal action in
accordance with the law.
Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-
II) dated16.09.2020, 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 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
13
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.
32. Reciprocity clause: Entities of Countries which have been identified by the nodal
Ministry/Department as not allowing Indian Companies to participate in their Government
Procurement for any item related to that nodal ministry shall not be allowed to participate in
Government Procurement in India for all items related to that nodal Ministry/Department, except for
the list of items published by the Ministry/Department permitting their participation
33. Language of Bid: All correspondence and documents relating to the bid exchanged by the Bidder and
the Purchaser shall be written in English language. Supporting documents and printed literature
furnished by the Bidder may be written in another language provided they are accompanied by a
certified true translation of the relevant passages in English language in which case, for purposes of
interpretation of the bid, the translation shall govern. All such translated documents should bear the
signature and stamp of the authorized signatory of the bidder, as a token of authentication of the same.
14
containing ‘Techno-Commercial Bid’ and Cover-II containing ‘Price- Bid’.
Letter of Bid (LOB): The Letter of Bid (LOB) shall be treated as covering letter of the
bidder for their submitted bid. The LOB shall preferably be printed on Bidder’s Letter
Head (duly filled in, signed & stamped with the seal of the bidder) as per format available
at Annexure B. The content of the “Letter of Bid” uploaded by the bidder must be the same
as per the format available at Annexure B and it should not contain any other information.
If there is any change in the contents of Letter of Bid uploaded by bidder as
compared to the format available at Annexure B, then the bid may be liable for
rejection.
LOB Signatory: The Letter of Bid (LOB) must be signed by a competent person having
“Authority” to submit bid on behalf of the bidder and to enter into legal contract with the
bidder. The “Authority” documents should be valid on the date of submission of the
bid.
A) The LOB signatory must submit any one of the following documents to establish that
he/shehas the “Authority” to submit bid on behalf of the bidder firm:
S Capacity of the Documents acceptable to establish “Authority” (Self
N LOB Attested)
Signatory
1. Affidavit / Self certificate confirming him/her as the
1 Proprietor Proprietor
(In Proprietary Firms) AND
2. Any other statutory documents indicating the name of LOB
signatory as Proprietor, like GST Regd. Certificate etc.
Partnership Deed of the Firm indicating the name of LOB
signatory as Partner of the firm
2 Partner
OR
(In Partnership Firms)
Any other statutory documents indicating the name of LOB
signatory as Partner of the firm
Article of Association and Memorandum of Association of the
Accredited firm indicating the name of LOB signatory as Authority
Representative (viz. OR
CMD, MD, Directors Board Resolution of the firm authorizing the LOB signatory as
3
etc.) Authority
OR
(In Private Ltd. Any other statutory document authorizing the LOB signatory
companies, Public Ltd. as Authority
companies and any other
type of firms)
B) If the competent person having “Authority” to submit bid on behalf of the bidder does not sign
the Letter of Bid (LOB) and if he/she has authority to authorize other person, then he/she can
authorize any other person (i.e. Representative of Authority) to sign the LOB on behalf of the
bidder firm. The LOB signatory must submit the following documents as “ Representative of
Authority”:
15
Legal Attorney Below mentioned documents at Sl. 1 & 2 (Self Attested)
OR 1. Any one of the documents of “Authority” specified at point 1,2
4 Accredited Representative & 3 in the Table ‘A’ above
(Representative of Authority) AND
(In all type of firms) 2.(i) Authorization Letter on the letter head of the bidder with seal
and signature of the “Authority” issued in name of Accredited
Representative (i.e. LOB signatory)
OR
2.(ii) Power of Attorney issued by “Authority” in the name of
Accredited Representative (i.e. LOB signatory)
Above documents are to be uploaded along with Letter of Bid (LOB) in the link provided in the
e-procurement portal under Cover-I.
34.3. DSC Holder: The DSC holder shall comply with the following conditions:
a) The person who has signed the Letter of Bid (LOB) physically should normally bid online
while submitting the offer, with their own DSC mapped in the name of the bidder Firm.
In such case the LOB signatory will upload a self-certificate to this effect as per Format-
1of the Annexure C.
b) In case, the LOB signatory does not upload the bid with their own DSC, and has authorized
another person to bid online, then an authorization given by LOB signatory in favor of the
person, with whose DSC the bid will be uploaded (as per Format-2 of the Annexure C)
along with seal and signature of the LOB signatory on the letter head of the bidder Firm.
c) One DSC Holder can upload only one bid against the tender. Any single person/firm having
more than one DSC will be permitted to upload only one bid against the tender. In case any
single person/firm uploads two or more bids under single / separate DSCs, all the bids
uploaded by him/ the firm against this NIT, will be considered as non-responsive.
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Indian Service Providers Any one of the following documents to be uploaded(Notary
All Bidders shall possess attested):
GST Registration 1. GST Registration Certificate
Certificate and submit
GST invoice for goods & 2. Composition scheme: Bidder who has opted for
services unless the bidder is composition scheme under sec 10 of GST ACT 2017,
exempted or opted for should upload (i) the certificate from Practicing Chartered
Composition scheme as per Accountant / Cost & Management Accountant / Company
relevant provision of GST Secretary confirming that Bidder is eligible to opt the
Act 2017 scheme and has fulfilled all the conditions as mentioned in
notification in this regard & (ii) the Registration Certificate
in this regard.
17
If the bidder is a Startup for the tendered All specified documents at Sl. 1, 2 (Notary
items and availing the relaxation towards attested)
2 1. Certificate issued by Department for
proven-ness criteria
Promotion of Industry & Internal Trade
(DPIIT) for being “Start-up” or certificate
issued by Authorities for being “MSE” for
the tendered item.
AND
2. Valid Service contract issued by CIL/ its
subsidiary for the tendered item, as on
opening of date of tender.
OR
Technical capability report issued from
Government authority/ PSU/ Government
recognized organization covering the tendered
item. (date of such reports should not be more
than one year from the date of bid opening)
C) Other Qualification Criteria: All the following specified documents are to be produced by bidders:
Sl Scanned copy of documents to be uploaded by all the
No. Other Qualification Criteria bidders in support of Other qualification Criteria (Self
certified copy)
Permanent Account Number PAN Card issued by Income Tax department, Govt. of
1
(Ref. Cl. No.29 (C)) India
Authorization to Digital The DSC holder bidding online on behalf of the bidder
Signature Certificate (DSC) shall submit authorization documents as mentioned at
2
holder(Ref. Cl. No.34.3 and Clause No.34.3 and as per Annexure-C
Annexure-C)
3 Exemption of EMD Scanned Copy of Exemption Document From EMD.
(Ref. Clause No.6 of NIT) Please refer clause no.6
4 Self-Declarations to be provided by the bidders as per format at Annexure-D1 to D6
Self-Declaration regarding any previous transgressions of
such a code of integrity with any entity, in any country,
Code of Integrity for Public
during the last three years, or of being debarred by any
Procurement (CIPP)
4.1 other Procuring Entity, if applicable
(Ref Cl. No.21)
Or
format at Annexure-D-1
Self-declaration confirming that the clause is not
applicable
(1) A self-declaration that the bidder as well as the Service
provider (if bidder is not the Service provider) has been /
has not been banned or de-listed or Debarred or 'Put on
Banned or Delisted or Debarred or Holiday by any Government or quasi-Government
'Put on Holiday' Suppliers agencies or PSUs.
4.2
Certificate (Ref. Cl. No.29 (D)) (2) If a bidder has been banned then, in addition to the
format at Annexure-D-2 declaration regarding banning, the bidder has to upload a
copy of banning or de-listing or Debarring or 'Putting on
Holiday letter issued by concerned Government or quasi-
Government agencies or PSUs to the bidder.
Restrictions on Public Tender specific Self-Certificate regarding fulfillment of
Procurement from certain all requirements in regard to restrictions on procurement
4.3 countries
from a bidder of a country which shares a land border with
(Ref Cl. No.31.2)
India as per Annexure-D-3 of NIT
format at Annexure-D-3
4.4 Price Fall Clause(Ref Cl. No.50) Following documents are to be submitted: (Annexure-D-4)
format at Annexure-D-4 The bidder shall submit a copy of the last (latest)
contract order for the offered/similar service(s) received
(Not Applicable for Purchase Value by them from any Organization / Ministry/ Department
less than Rs. One Lakh) of the Govt. of India/Coal India Ltd. and/ or its
Subsidiaries or other PSU or any other private
organization, along with the offer.
Or
The bidder shall submit a self-certificate conforming that
they have not received any order copy for the offered/similar
service(s) from any Organization/ Ministry/ Department of
the Govt. of India/Coal India Ltd. and/ or its Subsidiaries or
other PSU or any other private organization
Bidder shall submit Lowest Price certificate as under:
Lowest Price certificate “It is certified that the prices charged by us for the service
4.5 (Ref Cl. No.51) provided are the lowest prices applicable to any other
format at Annexure-D-5 person/organization, private Co., Government
department, undertaking of Central/State Government”
Certificate for Verification of Local The Class-I/Class-II Local Supplier at the time of bidding
4.6 Content (Ref Cl. No.29.D) shall be required to provide self certification
format at Annexure-D-6 that the item offered meets the minimum local content
requirement for ‘Class-I Local Supplier’/ ‘Class-II Local
Supplier’, as the case may be. They shall give details of the
location(s) at which the local value addition is made
Note:
1. Only one file in pdf format can be uploaded against each qualification criteria. All relevant
documents to support the information/declaration furnished online by the bidder against eligibility
criteria may be attached by the bidder in the same pdf file to be uploaded against respective
eligibility criteria.
2. Certificates/Undertakings must contain all confirmation/information as required in the
formats provided. However inclusion of any additional redundant information by the Bidder
in the submitted Certificates/Undertakings, which does not contradict the content and spirit
of original formats of Certificates/Undertakings uploaded by department, will not be a cause
of rejection of the respective documents.
• The Technical Parameter Sheet (TPS) & Commercial Parameter Sheet (CPS) which is
incomplete and not submitted as per instruction given will be rejected by the system. In case of
20
non-compliance of any of the parameter/ terms in these sheets shall result in rejection of the
bid during the process of automatic evaluation by the system and such bids shall not be
considered for opening of Price Bids.
• Bidders have to make sure that ‘Eligibility-Overall’ cell against items they intend to quote
indicate status as ‘COMPLIED’.
• The system automatically evaluates TPS and other commercial parameters (combined with TPS) &
GTE based on the declarations/information filled by the bidder.
35.2. Price Bid (Cover-II): The Price Bid/BOQ is to be filled up as per the requirement i.e. in
terms of percentage or in absolute value as indicated in BOQ.
The calculation part shall remain protected and bidder cannot enter any data in these
columns. However, the bidder can view these columns to check their final figure of their bid.
In case the tendered item is eligible for Input Tax Credit then the Lowest bidder (L-1) status shall
be decided by deducting the value of CGST & SGST / IGST and Cess related to GST (if any), to
the extent of set off allowed to CCL (depending upon the nature / category of item) for Domestic
bidder. However, if Bidder has opted for Composition scheme to deposit GST under Section 10 of
GST Act, 2017 INPUT TAX CREDIT will not be available to CCL, hence the GST will not be
loaded / deducted while determining the L-1 Status. In case Bidder is exempted from GST
Registration under GST ACT, 2017, GST will not be loaded / deducted while determining the L-1
Status, however applicable GST shall be paid by CCL& CCL will avail Input Tax Credit.
In case of Successful bidders if at the time of service period it is found that Input Tax Credit
available to CCL on this account is less than the Input Tax Credit Amount per unit declared in the
BOQ / Price Bid, the differential amount between the two shall be deducted from the bill of
service provider while making payment to them.
Bidders having GST Registration Certificate are required to select the bidder’s category as “GST
Registered Bidders” and also indicate their GST Registration number on the designated cells of
the BOQ and shall have to upload GST Registration Certificate as mentioned in the confirmatory
documents (Clause No. 33.1 (A)).
If the Bidder is unregistered i.e. exempted from GST registration, they have to select the
bidder’s category as “GST Unregistered Bidders” and also indicate “NOT APPLICABLE” in the
space of GST Registration number in the BOQ and shall have to upload GST Exemption
documents i.e. certificate from Practicing Chartered Accountant / Cost & Management
Accountant / Company Secretary that Bidder is fulfilling all the conditions prescribed in GST Act,
2017 to make him exempt from registration as mentioned in the confirmatory documents (Clause
No. 33.1 (A)).
If bidder has opted for composition scheme under sec 10 of GST ACT 2017, they have to select
the bidder’s category as “Composition Scheme” and indicate their Registration number in the
designated cells of the BOQ. Bidder shall have to upload certificate from Practicing Chartered
Accountant / Cost & Management Accountant / Company Secretary confirming that Bidder is
eligible to opt the scheme and has fulfilled all the conditions as mentioned in notification in this
regard. In addition bidder has to upload the Registration Certificate, as mentioned in the
confirmatory documents (Clause No. 33.1 (A)).
The landed price will be calculated automatically by the system in the Excel Sheet. Thereafter, the
bidder will upload the same Excel file during bid submission in cover-II (i.e. Price Bid / BOQ).
The Price-bid will be in Item-wise Rate BOQ format and the bidder may quote for any or all the
tendered items and the L-1 status will be decided for each item separately. The Price-bids of
the bidders will
have no condition. The Price Bid which is not submitted as per instruction given above will be
rejected.
21
Note: 1. If a firm quotes NIL charges/ consideration for any item, the bid shall be treated as
unresponsive and will not be considered unless the charges for an item/ product is included
elsewhere in the price bid and a specific mention in this regardis made in the bid".
2. Both the covers – Cover-I ‘Techno-Commercial Bid’ and Cover-II ‘Price Bid’ are to be uploaded
in the e-procurement portal before the last date and time for submission of online bid.
36. Submission of Forged/Tampered Documents: The authenticity of the self-certificate as well as other
documents submitted/uploaded by the bidder will solely be their responsibility. CCL, while carrying out
evaluation of the offer, shall consider the scanned copies of the documents without any verification
with the original. However, CCL reserves the right to verify such documents with the original, if
necessary at alater stage for which the bidder shall have to submit the original documents to CCL
on demand. If at any point of time during procurement process or subsequently, any information or
document submitted by the bidder, is found to be false/incorrect/forged/tampered in any way, the total
responsibility shall lie with the bidder and CCL reserves the full right to take penal action as may be
deemed fit including rejection of the offer and / or banning the bidder in CCL for future tenders. The
penal action may include termination of contract / forfeiture of all dues including EMD/Security Deposit /
banning of the firm along with all partners of the firm as per provisions of law. Further, suitable action
may be taken for claiming damages from the bidder.
38. Bid Validity: The validity period of the tenders shall be 120 (one hundred twenty)
days from the date of opening of bid.
The bidder shall not, during the said period or within the period extended by mutual consent, revoke or
cancel their tender or alter the tender or any terms/conditions thereof without consent in writing of the
CCL/CIL. In case the bidder violates to abide by this, CCL/CIL will be entitled to take action as per
clause No.35 (Modification and Withdrawal of Bid).
39. PRICES: Prices quoted must be FIRM till completion of the contract; otherwise the offer will be
rejected.
The bidders should quote their unit rate in a specified format containing the breakup of applicable taxes
and duties as per the requirement of BOQ (BoQ1 Sheet) i.e. in percentage.
The rate quoted by the bidder shall be exclusive of CGST & SGST or IGST, GST (Compensation to
state) cess and it should be strictly as per the format of BOQ. Item wise each element of cost shall be
indicated in respective column specifically provided for that. Item wise rate of CGST & SGST or
IGST, GST (Compensation to state) cess, applicable at the time of bidding, shall be indicated by the
bidder in respective column of the BOQ. If the bidder is exempted or opted for composition scheme,
22
under GST Act 2017, no tax under GST shall be charged by him.
The evaluation of tender shall be done based on cost to company basis. The cost to company shall be
ascertained by reducing the total value (including taxes and duties) quoted by the bidder by the amount
of CGST & SGST/UT-GST or IGST, GST (Compensation to state) cess eligible for input tax credit.
The L1 shall be decided based on cost to company ascertained in manner detailed above.
In BOQ for deciding L1 status, in case of unregistered bidders under GST act and bidders who opted
for composition scheme, the rate of GST will be taken as zero. However if the bidder is an unregistered
bidder i.e. (exempt from registration under GST) causing CCL liable to deposit tax under reverse
charges, the CGST & SGST, as applicable and payable by CCL under reverse charge, shall be added
separately to cost while ascertaining the landed price.
In case CCL is eligible for Input Tax Credit, the amount of CGST & SGST or IGST, GST
(Compensation to state) cess will be deducted from the landed cost for evaluation of tender and for
deciding the L1 status.
Non submission of any price component by bidder will be taken as ‘zero’ by the system, the evaluation
will be done accordingly and that price element will be assumed to be included in the basic price
quoted by the bidder.
If CCL fails to claim Input Tax Credit (ITC) on eligible Inputs and/or the ITC claimed is disallowed
due to failure on the part of Service Provider of services in incorporating the tax invoice issued to
CCL in its relevant return of GST, (i.e. payment of CGST & SGST or IGST 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 Service Provider.
Circular No 17 of 2020 of CBDT, Ministry of Finance (MoF), GoI: In terms of the said circular,
Tax Collected at Source (TCS) is collectible by the Service Provider at specified rates under sec
206C(1H) on specified class of goods/services supplied. The TCS so collected by the seller should be
available as tax credit in 26 AS to CCL and the Service Provider has to submit TCS certificate in the
prescribed format i.e., Form 27D.
If CCL fails to claim the equivalent as tax credit of any amount deducted as TCS, due to any reason
attributable to the deductor of Tax/ Service Provider, the same would be recovered by CCL from the
Service Provider.
Date of receipt shall be reckoned as the date on which the scanned copy of the order is uploaded in the
website or seven days from the date of order, whichever is earlier.
43. Opening of Bid: The bidder will have to upload scanned copies of various documents as specified in NIT
for the evaluation process, document in support of exemption of EMD (if applicable) and documents as
per requirement of Technical Parameter Sheet (TPS-BoQ1) Cum Commercial parameter Sheet (CPS) in
excel format for techno-commercial evaluation.
The bid (i.e. Cover I & Cover II) will be decrypted and opened on- line, on the pre- scheduled date and
time by the Bid Openers with their Digital Signature Certificate (DSC). Upon opening of bids, GTE,
TPS, BOQ and all other documents uploaded by the eligible bidders shall get opened.
After opening of bid, comparative statement showing the status of bidders shall be generated.
B) Shortfall Documents: In this case shortfall documents, if any will be sought only once.
The L-1 bidder will get this information on their personalized dash board under “Upload
confirmatory / shortfall document” link. Additionally, information shall also be sent by
system generated email and SMS, but it will be the bidder’s responsibility to check the
updated status/information on their personalized dash board regularly after opening of bid.
No separate communication will be required in this regard. Non-receipt of e-mail and SMS
will not be accepted as a reason of non-submission of documents within prescribed time. The
bidder will upload the scanned copy of all those specified documents in support of the
information/declarations furnished by them online within the specified period of 07 days.
If the L1 bidder fails to submit the specified document/s in 07 (Seven) days, no further chance
shall be provided.
24
The bidder should respond within the above specified time and if the bidder does not comply
or respond till the above specified time, their bid/offer will be liable to be rejected. No change
in prices or substance of the bid shall be sought, offered or permitted. No post-bid
clarification at the initiative of the bidder shall be entertained.
C) The tender will be evaluated on the basis of documents uploaded by L-1 bidder online. The L-
1 bidder is not required to submit hard copy of any document through offline mode. Any
document submitted offline will not be given any cognizance in the evaluation of tender.
Please note that for tenders of value less than Rs. 50 Lakhs, there will be only one time
clarifications sought.
BIDDERS ARE THEREFORE ADVISED THAT THEY SHOULD TAKE DUE CARE
WHILE UPLOADING OFFER / CONFIRMATORY DOCUMENTS IN ORDER TO
AVOID REJECTION OF THEIR BID.
45. 'Notification of Award' (NOA): On acceptance of the tender, a formal acceptance of tender or
contract order will invariably be issued. Advance intimation in writing of acceptance of the tender will
be issued whenever considered necessary by the said authority. In case advance has been issued, the
formal acceptance of tender of contract order shall follow in due course.
46. Placement of Contract Order/Agreement: The bidder, whose bid has been accepted, will be
intimated about placement of Contract Order/Agreement on-line and also by registered/speed post by
the Purchaser. The scanned copy of the Contract Order/Agreement will be uploaded, on the e-
procurement portal and the original copy will be sent to the L-1 bidder/s through Registered / Speed
Post. The L-1 bidder/s will get the information regarding placement of Contract Order/Agreement on
their personalized dash-board on-line. The date of receipt of order will be taken as the date on which
the scanned copy of Contract Order/Agreement is uploaded on the e- Procurement portal or 7th day
from the date of issue of Contract Order/Agreement, whichever will be earlier. It will be the
responsibility of the firm to download the same from CIL portal. On receipt of Contract
Order/Agreement, the successful bidder shall submit their acceptance of Contract Order/Agreement
within 15 days from the date of order. In case of non receipt of any response from the bidder, it will
be presumed that the order/agreement has been accepted by the bidder for its execution at their end.
The successful bidder shall furnish the Performance Guarantee in accordance with the conditions
of the contract, in the Performance Bank Guarantee format provided in the Bid Document
(Annexure “E”)
iv. The Service Provider 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.
v. The Guarantor (BG issuing bank) shall send information about issuance of this
Guarantee through SFMS gateway to the State Bank of India, CCL Campus (IFSC-
SBIN0009620), as the case may be, to aid in the process of confirmation of Bank
Guarantee.
vi. The beneficiary's bank/advising bank shall send a copy of advice received under
SFMS mode to Finance HQ through e-mail (i.e. email ids [email protected]
and provide print out of the said message from advising bank with seal and signature,
to the Finance Dept. of HQ
vii. The Original Bank Guarantee issued by the outstation bank shall be sent by the Issuing
Bank to the Concerned Department of Head Quarters of Central Coalfields Limited at Ranchi by
Speed Post /Registered Post (AD).
48. Payment terms: 100% payment with taxes and duties shall be made by e-payment.
Payments of Service Charges:
a. In consideration of the services, as detailed above, CCL shall pay service charges as a
percentage of the actual value (Basic value only) of the scrap material delivered to the
Purchasers as certified by the stock holder in the Lifting Certificate / No claim
Certificate issued against the Delivery Order / Sale Release Order. The value of the
service charges will be calculated on actual value of materials delivered excluding GST
and any other taxes applicable.
Note: The service charges shall not be payable to the Service Provider on the forfeited
amount, if any.
b. The procedure of payment of service charges shall be as detailed hereunder:
i. On the completion of the delivery of materials against delivery order issued by the
bidder/Sale release Order issued by CCL, the respective Stock Holder shall submit,
within 21 days of the final delivery of the materials, duly signed documents along with
the bill(s) raised in favor of the purchaser against the sale release order/delivery order
certifying the quantity of the materials lifted by the purchaser against the particular
delivery order. Copies of the complete set of such documents shall be forwarded to,
amongst others to the bidder and original copy to the GM (MM-S&IC) CCL.
ii. Based on the documents, received from respective Stock Holder, the bidder shall then
raise and submit their bills to GM (MM-S&IC) CCL, Hqrs for the service charges as
finalized as a percentage of the sale proceeds. The value of the Service Charges will
be calculated based on the actual value of the materials delivered excluding GST.
27
iii. Payment of the service charges as admissible against the bills submitted shall be
made by the office of the GM (Finance) CCL within 21 days of the receipt and
acceptance of the bills.
iv. The intending bidders are required to quote their rate for the service charges as a
percentage of the actual value of materials delivered against the sale of lots finalized by
them, besides rendering the services as detailed at Clause 47(b) (i) and 53. The rate of
“Service Charges” quoted shall be exclusive of GST and any other tax as applicable.
The L1 bidder will furnish break up of their quoted rate of service charges and
applicable GST/any other taxes.
49. Liquidated Damages: Bidders are requested to refer (GCC) Clause 20 for details.
50. Price Fall Clause: The price charged for the services against this tender by the bidder shall in no event
exceed the lowest price at which the bidder offer toprovide services of identical nature to any
other organization during the period of contract.
If the Service Provider at any time during the period of contract reduces the service charges
or offers to reduce the service charges to any other organizationthan the service charged
under this contract, the Service Provider shall forthwith notify such reduction of service
charges to the CCL and the service charges payable under the contract for such services after
the date of coming in force of such reduction in service charges, shall stand correspondingly
reduced."The Bidder has to give an undertaking that they have not offered to provide/
provided/ not providing same or similar service at a price lower than that offered in the
present bid in respect of any Organization/ Ministry/ Department of the Govt. of India or Coal
India Ltd. and/ or its Subsidiaries or other PSU or any other private organization during the
currency of the contract and if it is found at any stage that same or similar service provided
by the bidder to any Organization/ Ministry/ Department of the Govt. of India or Coal India
Ltd. and/ or its Subsidiaries or other PSU or any other private organization at a lower price
during the currency of the contract, then that very price will be applicable to the present case
and the difference in the cost would be refunded by the bidder to buyer, if the contract has
already been concluded.
A. The currency of contract will mean the period till completion of tenure of contract.
B. The bidder will be asked to submit a copy of the last (latest) Contract/purchase order for the
tendered / similar item(s) / services received by them from any Organization / Ministry /
Department of the Govt. of India or Coal India Ltd. and/or its Subsidiaries or other PSU or
any other private organization, along with the offer.
C. It shall be responsibility of the service provider to inform the purchaser of offer to
provide/providing the ordered / similar item(s) at a lower rate to any Organization
/ Ministry / Department of the Govt. of India or Coal India Ltd. and/or its Subsidiaries or
other PSU or any other private organization during the currency of the contract.
D. The Service Provider shall submit a certificate along with the bill(s) that it has not offered to
provide/provided the ordered / similar item(s) at a lower rate to any Organization / Ministry /
Department of the Govt. of India or Coal India Ltd. and/or its Subsidiaries or other PSU or
any other private organization.”
Note: There shall be no price fall clause for purchase value up to Rs. 2.00 lakh.
51. Price Certificate: In the event of placement of Contract Order on the lowest bidder they shall have to
submit a price certificate in all their invoices in the following format:
“It is certified that the prices charged by us for the service provided are the lowest prices
applicable to any other person/organization, private Co., Government department, undertaking
of Central/State Government”
52. Risk Purchase: In the event of failure of the Service Provider to provide the service during the period
of the contract or in the event of breach of any of the terms and conditions mentioned in the Contract
Order, Coal India Ltd. or its Subsidiary Companies shall have the right to procure the services from
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elsewhere after due notice to the defaulting bidder/service provider at the risk and cost of the defaulting
bidder/service provider. It is clearly mentioned in the tender enquiry and the resultant contract that in
the event of failure of the bidder/service provider as detailed above, the cost as per risk purchase
exercise may be recovered from the Earnest Money Deposit/Performance Bank Guarantee of the
bidder/service provider and/ or bills submitted by the bidder/service provider against the same contract
or any other contract pending in CCL and/or in any other Subsidiary Companies/ CIL. GST will be
charged / levied on Risk Purchase as per the provision of GST Act Rule thereon. Risk purchase action
may be initiated under any of the following conditions: a) When the supplier fails to deliver the
materials even after extending the delivery period. b) When the supplier fails to respond to
purchaser’s request for supply of the materials and fails to provide any genuine and bonafide reason
for the delay in supply. c) When the supplier breaches any of the terms and conditions of the supply
order/ contract and as a result fails to execute the order satisfactorily.
53. Force Majeure: Bidders are requested to refer (GCC) Clause 22 for details.
54. Nature and Scope of Services
In consideration of the Service Charges as decided, the bidder shall agree to be Service Provider for period of two
years from the date of conclusion of the agreement/Contract Order for the sale of scrap materials, unserviceable
Plant and Machineries, store/ spares, Burnt/used oils, miscellaneous surveyed off materials, hazardous items
including e-waste and miscellaneous articles available at different locations in the command Area of Central
Coalfields Limited. CCL however, shall reserve the right to add subsequently other items also for sale through e-
auction and the items thus added be deemed to be Parted by the agreement/Contract order concluded.
i. CCL shall furnish the list of items to be disposed off from time to time on “as is where basis” and
would decide the mode and manner of sale of such items by way of e- auction.
ii. For e-auction the successful bidder shall conduct the auction on their website. The successful bidder
shall arrange to conduct the auctions at their own expenses which would include the preparation of
the lot catalogue, terms and conditions of the auction and any other expenses involved in concluding
the e- auction. The decision for the acceptance/rejection of the rates offered by the bidders shall be as
per the norms fixed by CCL from time to time. In the event of the acceptance of a particular bid all
the remaining works such as issue of release order, realization of money and other formalities etc,
would be required to be completed by the bidder in all cases where release orders are issued by the
bidder confirming the sale of lot/s on behalf of CCL. However final sale release order/s shall be
issued by CCL for the delivery of materials from the respective locations.
i. Initiate Sale processes after receipt of list of scrap/disposable lots from CCL.
ii. The Service Provider will prepare the auction documents / catalogues and display the same on
their portal.
iii. Date of e- auction shall be minimum 15 days after the date of display of the auction catalogue on
the portal of the Service Provider.
iv. All the interested Purchasers who are registered with the service provider can go through the
auction catalogue prepared by Service Provider, through their user id provided to them and can
participate as per terms and conditions of e-auctions. Bidders registered with the service provider
should be automatically informed through e-mail regarding scheduled time and date of e-auction.
v. Pre Bid EMD: The Service Provider will be responsible to collect Pre-Bid EMD of Rs. One Lakh
only + GST (18%) against each auction. The Pre- Bid EMD will remain deposited with the
Service Provider. The Pre-Bid EMD will be refunded to unsuccessful bidder within 3 working
days after closing of the auction by the Service Provider. In case of successful bidder, the Pre-Bid
EMD will be retained bythe service provider till the full payment of the Lots is submitted by the
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successful bidder to the concerned Subsidiary Company HQ / CIL HQ through EFT and also
depositing of forfeited EMD (if any) of any bidder to CCL.
vii. Providing ID card to the bidders. In case of change of original authorized representative of the
bidder, the authentication of change of authorization is to provided by the service provider which
has issued the original valid photo identity card to the authorized representative of the bidder.
viii. Portal availability for reserve value updation on minimum three days prior to the auction date.
The e-auction portal is to be designed by Service Provider in such a way that apart from
Subsidiary Co. as Seller or their authorized representative having user ID and password, no one
including Service Provider will be able to view or notify or feed in the Reserve Price.
ix. The entire auction will be conducted using the Web through Internet.
x. All the requisite documents related to eligibility of the bidders as per auction terms& conditions
for participating in the e-auction has to be collected prior to the auction from the bidders and to be
provided to CCL on demand.
xi. Forwarding the bid report and log details of bidders immediately after the auction through e-mail
and also in hardcopy. Once the auction is closed, the system should automatically confirm if the
highest price received is equal to or above the threshold limit of Reserve Value (RV) and should
send the bid sheet of the completed Auction by e-mail to the CCL.
xii. The Service Provider will inform the successful H1 bidders after getting confirmation from CCL,
about the acceptance of their bid and advise them on their registered email address and through
SMS alert to deposit the requisite Security Deposit and Balance Material Value as per the terms
of the Auction.
xiii. All the communications with the registered Purchaser / customers regarding prior information of e-
auction and post e-auction information regarding sale letter, payment advice etc. will be essentially
done through e-mail by Service Provider.
xiv. Ensure deposit of Security money and balance material value from the H1 bidder in CCL account
and intimation through e-mail.
xv. The Service Provider shall issue the Sale Order on receipt of 25% security deposit and Delivery
Order on receipt of the final material value, based on which CCL shall issue the Sale Release Order
for delivery of scrap materials.
xvi. Shall collect all statutory documents for hazardous and e-waste required from the bidder before
auction having validity till the date of e-auction (and also at the time of lifting) and submit the
same to CCL through e- transfer mode.
xvii. Shall recover any due of CCL, from the buyer of scrap.
xviii. Deal with all claims and complaints of the participating bidders and forward the recommendation
to CCL for final settlement. However, refund arising out of short delivery/ non-delivery of
materials shall be done by CCL.
56. CCL will be governed by guidelines issued by CVC, New Delhi/ Govt. of India from time to time for e-
auction of scrap.
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57. The successful bidder/service provider have to ensure that sale of material through E- auction shall be
conducted as per CVC guide lines/norms and its subsequent amendments.
58. CCL reserves the right to distribute contract orders amongst two or more Service Provider, if required.
59. Following are some of the aspects which the Service Provider should ensure in its e- auction
system:
a) Bids above/as per cut off norms of the Reserve Price (i.e., Threshold Reserve Price) shall only to be
accepted by the system.
b) E-Auction should close on fixed date and time provided there is no extension of auction occurs, if no Bid
is received within the last 10 minutes of closing time of Auction.
c) No bid will be accepted after the auction closes including extension, if any.
d) No bidder should be allowed to enter the auction floor if it has defaulted in the previous occasion or has
been black-listed/ banned by either the Service Provider or CCL, as per Guidelines.
60. In case of part lifting results in termination of contract, CCL shall report the loss and damagessuffered from
the customer liable and the proportionate sale value already realized for upliftingmaterials will be refunded
after adjustment thereof the proportionate service charges of tenderthereon.
61. Even on the expiry of the agreement/Contract Order, the lots already submitted for sale by CCL within the
contract period shall be finalized for sale as per terms and condition of the contract order.
62. CCL will be at the liberty to sell/auction/dispose of the scrap materials etc. directly or throughany other
Agency to which the bidder/service provider shall have no objection and/or claim whatsoever.
63. Any amendment of this agreement/Contract Order shall be applicable only if made in writing and signed by
duly authorized representative of the respective parties on their behalf.
64. CCL and/or the successful bidder shall not be liable for any failure or delay in performance dueto any cause
beyond its control including fires, strikes, go slow, lock outs, closure, pestilence uncertain and unstable
labour situation accident, war riots, civil commotion, political upheavals, Government actions, epidemics,
breakdown of machinery acts, demands or otherwise or any other causes or condition beyond control of
CCL and /or the bidder wherever directly due to or inconsequence of the aforesaid cause or not, and the
existence of such cause or consequence shall operate to extend the time of performance on the part of
CCL and/or the bidder by such period as maybe necessary to enable CCL and/or bidder to effect
performance after the cause of delay shall have ceased to exist. The provisions aforesaid shall not be limited
to abrogated by any other terms and agreement/Contract Order wherever written or printed.
65. CCL shall not be responsible for any liability in respect of labour/employee appointed/engaged by the
Service Provider for execution/performance of this contract. All formalities required under the provision of
respective Labour Laws/Rules shall be duly and punctually observed at their own cost and they alone shall
be responsible for payment of any dues, compensation or any amount, required to be paid under any
provisions of Laws/Rules in any case for default on the part of bidder. If CCL, in any case, is held liable
under any Laws/Rules then in such cases the successful bidder shall not only make payment of such dues
but also be responsible for payments of damages to CCL.
66. CCL reserves the right to extend the validity of the agreement/Contract Order, if concluded with the bidder,
with mutual consent for a further period of 1 (one) year at the same rates and terms and conditions. Also,
during the validity of the contract, if CIL finalizes contract for sale of scrap through e-auction for
subsidiaries of CIL; than this contract will be cancelled/short closed.
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67. CCL shall be at a liberty to terminate the agreement/Contract Order concluded at any time during the
existence of the agreement/Contract Order by giving three months notice.
The contract can also be terminated by CCL, if there is any breach of any of the terms of the contract by the
successful bidder/service provider. In that case, the successful bidder/service provider shall be liable for
damages as assessed and claimed by CCL besides the dues payable to CCL under the contract and the same
shall also be paid within the above stipulated thirty days time.
68. The successful bidder/service provider guarantees that the system provides uninterrupted scheduled e-
auction operation with 99 % (ninety percent) uptime with fail over system.
69. The successful bidder guarantees the successful and satisfactory operation of the E- auction process under
the contract as per specification and documents indicated in the bid document and as per the scrap disposal
policy of CIL/CCL.
70. Process of confidential in the e-auction process and issuing sale release order: Information relating to the
examination, clarification, evaluation and comparison of bids and recommendations for the award of
contract order shall not be disclosed to bidder or any other person not officially concern with such process
until the award to the successful bidder have been announced. Any effort by the bidder/service provider to
influence the seller, processing of bids or award decision may result in the rejection of bid/ contract order.
71. The e- auction portal of the bidder shall be fully secured and will be as per provisions related
to the security aspects of Information Technology (IT) Act 2000 and its subsequent
amendments.
72. The system shall be IT compliant as per the Guidelines of GoI, issued from time to time. It shall encompass
security features to safe guard the interest of CIL / Subsidiary Co. as Seller (s).Sellers and Purchasers can log
onto the auction site for any related information, besides monitoring the auction in real time.
73. Users (i.e. Seller, Service Provider personnel and bidders/purchasers) of the auction site should be able to
view auction item, bidding history, other details and status. The identity of the Bidders should not be
disclosed by the system till completion of the e- Auction.
74. The Website/auction Portal of the bidder shall be duly certified by empanelled auditors of CERT- IN as per
the provision relating to the security aspect of Information Technology (IT) Act 2000.
75. The bidder/service provider shall confirm that the e-auction conducted by them is as per the Directive
/instructions by Standardization Testing and Quality Certification (STQC), Directorate of the Ministry of
Communications & Information Technology, and, necessary certificate have also been issued in their favor
by the above cited agency i.e. Standardization Testing and Quality Certification (STQC), Directorate of the
Ministry of Communications & Information Technology
76. The Website/auction Portal of the bidder shall have ability to handle at least 100 (one hundred)concurrent
users with response time of less than 05 secs.
77. Every auction will be prepared with a pre-determined opening and closing date and time which will be duly
intimated to Bidders by Service Provider. Bidding will be accepted within that fixed period provided there is
no continuation of bidding at that point of time. The closing time shall automatically be extended by further
10 minutes, every time, if a Bid is recorded within last 10 minutes closing of Bids.
78. The Website/auction Portal of the bidder shall have ability to handle multiple auctions simultaneously.
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79. The successful bidder shall provide Demo site (multimedia based) for the self demonstration by the
purchasers.
80. The successful bidder shall provide training for operation, administration and auction process to CCL
Officers free of cost. The successful bidder shall also provide on line training, free of cost, to CCL
Executives, bidder/purchasers to enable them to participate in auction.
81. The Website/auction Portal shall have provision for IP (Internet Protocol) tracking.
82. The successful bidder shall intimate bidders/Purchasers through web based messaging system as well as
SMS alert immediately after closer of auction.
83. The Service Provider shall abide by all applicable rules & regulations of Government of India/ CVC/
CIL/ CCL under implementation or promulgated from time to time during the period of the contract
and subsequent amendments made thereon.
Encl:
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ANNEXURE-B
Letter of Bid
To (On the Letter Head of the Bidder)
Central Coalfields Limited,
Darbhanga House
Ranchi-834029
Jharkhand , India
Dear Sirs,
Sub: Tender ID: 2022_CCL_231266_1
Name
Designation
Duly authorized to sign bid for and on behalf of _
Note:
1. This letter should be on the letterhead of the Bidder and should be signed by a person competent and having the
authority to bind the Bidder. The said document conferring authority upon the person should be submitted by
the Bidder along with the LOB. If the said document conferring the authority is Article of Association of Company,
Partnership Deed of a Registered Firm or any resolution of the company, then the notarized copy of the same
should be uploaded. In case the offer is from a proprietary firm and the proprietor is the LOB Signatory, then
Affidavit/self- certificate/or any other statutory document clearly indicating name of LOB signatory as Proprietor, like
GST Registration Certificate, etc, is to be uploaded along with the LOB. In other cases, the letter of authority should
be a Power of Attorney sufficient to bind the bidder.
2. Power of Attorney should be on non-judicial stamp paper and sufficiently stamped as per the laws of India and
also should be valid on the date of submission of the bid.
3. In case the person who has signed LOB is not bidding himself/herself and has authorized another person whose
DSC is mapped in the name of bidder, to bid online on his/her behalf, then the further authorization on non-judicial
stamp paper duly notarized (as per [Annexure-C]) by the person signing the LOB in favor of person bidding online is
required to be uploaded
4. Inclusion of any additional redundant information by the bidder in the submitted Letter of Bid (LOB), which does
not contradict the content and spirit of original format of LOB uploaded by department will not be a cause of rejection
of their bid.
5. Please select only one option from Partner/ Proprietor/ Accredited Representative/ Legal Attorney in the
above mentioned format of the Letter of Bid
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ANNEXURE-C
FORMAT-1
Format for Self-Certificate of being LOB signatory bidding on-line with own DSC
I also confirm that all documents uploaded with the tender with my digital signature
shall be deemed to have been signed by our company/firm.
-------------------------------------------------------------------------------------------------------------------
FORMAT-2
We also confirm that all documents uploaded with the tender with the digital
signature of the above mentioned DSC Holder shall be deemed to have been signed
by our company/firm.
35
ANNEXURE-D1
(Note: If a bidder has any previous transgressions, then complete details along with supporting documents
has to be furnished)
(Signature / Seal)
(Name / Designation)
(Name of the bidder / firm)
Signed for and on behalf of the Bidder
(Note: Inclusion of any additional redundant information by the bidder, which does not contradict the
content and spirit of original format uploaded by department, will not be a cause of rejection of their bid)
36
ANNEXURE-D2
(Note: If applicable, the bidder has to upload copies of banning or de-listing or Debarring or 'Putting on
Holiday letter)
(Signature / Seal)
(Name / Designation)
(Name of the bidder / firm)
Signed for and on behalf of the Bidder
(Note: Inclusion of any additional redundant information by the bidder, which does not contradict the
content and spirit of original format uploaded by department, will not be a cause of rejection of their bid)
37
ANNEXURE-D3
Self-Declarations as per Clause No. 35.1 (C) (4.3) of NIT
SN (On Letter Head of the Bidder)
D-3 Restrictions on Public Procurement from certain countries: (Ref Cl. No.31.2.)
I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; (strike off whichever is not applicable from (a) & (b))
(a) I certify that M/s {name of bidder} is not from such a country. (OR)
(b) I certify that M/s {name of bidder} is from such a country and has been
registered with the Competent Authority.
And I hereby certify that M/s {name of bidder} fulfils all requirements in this
regard and is eligible to be considered.
Note :
2. . This Order will not apply to bidders from those countries (even if sharing a
land border with India) to which the Government of India has extended lines of credit or in
which the Government of India is engaged in development projects as per Updated
lists of countries to which lines of credit have been extended or in which
development projects are undertaken are given in the website of the Ministry of External
Affairs.
(Signature / Seal)
(Name / Designation)
(Name of the bidder / firm)
Signed for and on behalf of the Bidder
(Note: Inclusion of any additional redundant information by the bidder, which does not contradict the
content and spirit of original format uploaded by department, will not be a cause of rejection of their bid)
38
ANNEXURE-D4
(Note: If received any order copies, the bidder has to upload copy/copies of the last (latest) purchase
order/s as per the clause)
(Signature / Seal)
(Name / Designation)
(Name of the bidder / firm)
Signed for and on behalf of the Bidder
(Note: Inclusion of any additional redundant information by the bidder, which does not contradict the
content and spirit of original format uploaded by department, will not be a cause of rejection of their bid)
39
ANNEXURE-D5
(Signature / Seal)
(Name / Designation)
(Name of the bidder / firm)
Signed for and on behalf of the Bidder
(Note: Inclusion of any additional redundant information by the bidder, which does not contradict the
content and spirit of original format uploaded by department, will not be a cause of rejection of their bid)
40
ANNEXURE-D6
Also, it is hereby confirmed that we not serving debarment from any procuring entity for
violation of this order at the time of tendering.
The details of the location(s) at which the local value addition made is/are as under:
1……………………………………………………………………….
2……………………………………………………………………….
3……………………………………………………………………….
(Signature / Seal)
(Name / Designation)
(Name of the bidder / firm)
Signed for and on behalf of the Bidder
(Note: Inclusion of any additional redundant information by the bidder, which does not contradict the
content and spirit of original format uploaded by department, will not be a cause of rejection of their bid)
41
ANNEXURE-E
Performance Bank Guarantee Format
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.
We, the Bank- further agree that the guarantee shall come into force from the date
hereof and shall remain in full force and effect till the period that will be taken
forthe performance of the said agreement which is likely to be the day of but
if the period of agreement is extended either pursuant to the provisions in the said
agreement or by mutual agreement between the contractor and the Company
the Bank shall renew the period of the guarantee failing which it shall pay to the
42
Company the said sum of Rs ................ or such lesser amount out 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 agreement regarding re-payment of the said sum of Rs .............
has been fully carried out by the contractor and discharges the guarantee.
The Bank further agrees with the Company that the Company shall have the
fullest liberty without the consent of the Bank and without affecting in any way the
obligations hereunder to vary any of the terms and conditions of the said
agreement or to extend the time for performance of the said agreement 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 forbear to enforce
any of the terms and conditions relating to the said agreement and the Bank
shall not be relieved from its liability by reason of such failure or extension being
granted to the contractor or through any forbearance, act or omission on the part
of the Company or any indulgence by the Company to the contractor or any
other matteror thing whatsoever which under the law relating to sureties would but
for this provisions have the effect of 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 due to the Company out of the said advance of Rs......... and as the
Company may require.
Notwithstanding anything herein contained the liability of the Bank under this
guarantee is restricted to Rs ............ only. The guarantee shall remain in force till
the
.......... day of..................and unless the guarantee is renewed or a claim is preferred
against the Bank within 3 months from the said date all rights of the company
under this guarantee shall cease and the Bank shall be released and discharged
from all liability hereunder except as provided in the preceding clause.
The Bank has under its constitution power to give this guarantee and ...........
(Name of the person) who has
signed it on behalf of the Bank has authority to do so.
The details of beneficiary bank for sending details of BG under SFMS Platform is
furnished below
Place ........................................ .
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ANNEXURE - F
(Note: Certain Clauses of this GCC have the reference of CIL Purchase manual
whichis available in the website of CIL i.e. www.coalindia.in at “Info Bank” section
under “Manuals”)
1. Definitions
In the interpretation of the contract and the general and special conditions
governing it, unless the context otherwise requires, the following terms shall be
interpreted as indicated below:
a) "The Contract" means the agreement entered into between the Purchaser and the
Service Provider including all attachments and appendices thereto and all documents
incorporated by reference therein including Invitation to tender, Instructions to
tenderers, Acceptance of tender, Particulars and the General and Special Conditions
specified in the acceptance of tender;
b) "Contract Price" means the price payable to the Service Provider under the Contract
for the full and proper performance of its contractual obligations;
c) "Services" means those Services as mentioned in the relevant clauses of NIT, training
and any other obligations of the Service Provider covered under the Contract;
d) "GCC" means the Conditions of Contract contained in this section;
e) "Purchaser" means the organization purchasing services, i.e., Coal India Limited or
its subsidiaries or areas falling under various subsidiaries of Coal India Limited;
f) "Purchaser's country" is India;
g) "Supplier/Contractor/ Service Provider" means the individual, firm or company with
whom the contract has been concluded for providing the Services under the Contract.
The Supplier/Contractor/ Service Provider shall be deemed to include its successors
(approved by the purchaser), representatives, heirs, executors, administrators and
permitted;
h) "CIL" means Coal India Limited or the Subsidiary Company of CIL or areas falling
under various subsidiaries of CIL where Goods are deployed/ used;
i) "Year" means the Calendar Year.
j) “Chairman" means the Chairman of Coal India Limited.
k) "Chairman-cum-Managing Director" means Chairman-cum-Managing Director of
any of the Subsidiary Companies of Coal India Limited, presently Central Coalfields
Limited, Eastern Coalfields Limited, Western Coalfields Limited, Bharat Coking
Coal Limited, Central Mine Planning & Design Institute Limited, South Eastern
Coalfields Limited, Northern Coalfields Limited and Central Coalfields Limited.
l) "Inspector" means any person nominated by or on behalf of the purchaser to inspect
supplies, stores or work or services under the contract or their duly authorized agent.
m) "Progress Officer" means any person nominated by or on behalf of the Purchaser to
visit supplier's works to ascertain position of deliveries of Goods ordered.
n) "Materials" shall mean anything used in the manufacture or fabrication of the stores.
o) “Stores" means the goods specified in the Supply Order or schedule which the
supplier/contractor has agreed to supply under contract.
p) "Test" means such test or tests as are prescribed by the specifications or considered
necessary by the Inspector or any agency acting under direction of the Inspector.
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q) "Site" mean the place or places named in the "Supply Order" or such other place
or places at which any work has to be carried out as may be approved by the
purchaser.
r) Words denoting the persons shall include any company or association or body of
individuals whether incorporated or not.
s) Words in singular include the plural and vice-versa.
t) Words denoting the masculine gender shall be taken to include the feminine gender.
u) "Writing" shall include any manuscript, typewritten or printed statement under or
oversignature or seal as the case may be.
v) "Unit" and "Quantity" means the unit and quantity specified in the schedule.
w) “Contract" means a contract for providing service. The terms "Supply Order",
"Purchase Order", "Order" and "Contract" are interchangeable.
x) "Particulars" shall mean the following:
i) Specifications;
ii) Drawing;
iii) Sealed pattern denoting a pattern sealed and signed by the Inspector;
iv) Certified or sealed sample denoting a copy of the sealed pattern or sample
sealed by the purchaser for guidance of the Inspector;
v) Trade pattern denoting a standard of the ISI or other standardizing authority or
Coal India Ltd. and/ or any of its subsidiary companies or a general standard of
the industry and obtainable in the open market;
vi) Proprietary make denoting the product of an individual manufacturer;
vii) Any other details governing the construction, manufacture and/or supply as
existing in the contract.
y) Terms and expressions not defined herein shall have the meanings assigned to them
in the Indian Sale of Goods Act, 1930 or the Indian Contract, 1872 or the General
Clauses Act, 1897, amended, as the case may be.
2. Application
These Conditions shall apply to the extent that they are not superseded by
provisionsin other parts of the Contract.
3. Standards
The Services provided under this Contract shall conform to the standards mentioned
in the Technical Specifications/relevant clauses of NIT. Such standards shall be the
latest issued by the concerned institution.
14. Payment:
Specific payment terms are indicated in clause no. 47.
In order to enable the purchaser to avail Input Tax Credit as per applicable Indian
laws, the Service Provider shall furnish all the necessary documents, if any to the
paying authority as required, failing which the equivalent deduction will be made
from the Service Provider’s bills. In case of successful bidder(s), if at the time of
submission of bills, it is found that Input Tax Credit as per Invoice (Credit available
to CIL / Subsidiary on this account) is less than the "Input Tax Credit Amount"
declared in the Price Bid, the differential amount between the two shall be deducted
46
from the Service Provider’s bills while making payment to them.
The Service Provider shall observe the highest standard of ethics while competing for
and during execution of contracts.
ii. "Fraudulent Practice" means 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 the
execution of a contract;
48
of the Purchaser, that may impair the transparency, fairness and the progress of the
procurement process or to establish bid prices at artificial, non-competitive levels;
In the event the Purchaser terminates the Contract in whole or in part, pursuant to
relevant clause, the Purchaser may procure on such terms and in such manner as it
deems appropriate, Goods or Services similar to those undelivered, and the Service
Provider shall be liable to the Purchaser for any excess costs for such similar Goods
or Services. However, the Service Provider shall continue performance of the
Contract to the extent not terminated.
49
reasonably practical and shall seek all reasonable alternative means for performance
not prevented by the Force Majeure event.
If the performance in whole or in part or any obligation under this contract is
prevented or delayed by any reason of Force Majeure for a period exceeding sixty
days, either party may at its option terminate the contract without any financial
repercussion on either side.
For delays arising out of Force Majeure, the Service Provider will not claim extension
in completion date for a period exceeding the period of delay attributable to the causes
of Force Majeure.
There may be a Force Majeure situation affecting the purchaser also. In such a
situation, the purchaser is to take up with the Service Provider on similar lines as
above for further necessary action.
The contract shall be governed by the following Force Majeure Clause:
"If at any time, during the continuance of this contract, the performance in whole or
in part by either party of any obligation under this contract shall be prevented or
delayed by reason of any wars or revolutions, hostility, acts of public enemy, civil
commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions,
strikes, lockouts, freight embargoes or act of God (herein after referred to "events")
provided, notice of the happening of any such event is given by either party to the
other within 21 days from the date of occurrence thereof, neither party shall by
reason of such event, be entitled to terminate this contract nor shall either party have
any claim for damages against the other in respect of such non- performance or delay
in performance, and deliveries under the contract shall be resumed as soon as
practicable after such event has come to an end or ceased to exist, PROVIDED
FURTHER that if the performance in whole or part or any obligation under this
contract is prevented or delayed by reason of any such event for a period exceeding
60 days, either party may at its option terminate the contract provided also that if the
contract is terminated under this clause, the purchaser shall be at liberty to take over
from the contractor at a price to be fixed by the CIL/Subsidiary Company, which
shall be final. "
23. Termination for Insolvency
The Purchaser may at any time terminate the Contract by giving written notice to the
Service Provider if the Service Provider becomes bankrupt or otherwise insolvent. In
this event, termination will be without compensation to the Service Provider,
provided that such termination will not prejudice or affect any right of action or
remedy which has accrued or will accrue thereafter to the Purchaser.
50
26. Taxes and Duties
Domestic Service Provider shall be entirely responsible for all taxes, duties, license
fees etc., incurred till the execution of the contract, other than those which are to be
paid by purchaser, as specified in as per relevant clause of NIT.
27. Limitation of Liabilities
Except in cases of criminal negligence or willful misconduct;
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, and/or from any other remote cause
whatsoever.
The supplier shall not be liable to the purchaser 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 Goods & Services hereunder which caused such
losses, claims, damages, costs or expenses.
However, the limitation of liability of the supplier indicated above shall not apply to
Liquidated damages.
28. Settlement of commercial disputes in case of contracts with Public Sector
Enterprises/ Govt. Dept.(s)
In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between CPSEs and
Government Departments/ Organizations (excluding disputes concerning Railways,
Income Tax, Customs & Excise Departments), such dispute or difference shall be
taken up by either party for its resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD), as per the guidelines stipulated in the
Office Memorandum No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22.05.2018 of
Department of Public Enterprises, Ministry of Heavy Industries and Public
Enterprises, Govt. of India.
In case of contract with a Public Sector Enterprise or Govt. Dept., the following
Arbitration Clause shall be incorporated in the contract:-
"In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs)/ Port Trusts inter se and also between CPSEs and
Government Departments/ Organizations (excluding disputes concerning Railways,
Income Tax, Customs & Excise Departments), such dispute or difference shall be
taken up by either party for resolution through AMRCD as mentioned in DPE OM
No. 4(1)/2013- DPE(GM)/FTS/835 dated 22.05.2018."
29. Progress Reports
The Service Provider shall from time to time render such reports concerning the
progress of the contract and/or service in such form as may be required by the
Purchaser.
The submission, receipt and acceptance of such reports shall not prejudice the right of
the Purchaser under the contract nor shall operate as an estoppel against the Purchaser
merely by reason of the fact that they have not taken notice of or objected to any
information contained in such report.
30. Provisions of CIL's Purchase Manual & Scrap Disposal Policy
The provisions of CIL's Purchase Manual & Scrap Disposal Policy and its subsequent
amendments (Available on CIL's website, www.coalindia.in) shall also be applicable,
if not specified otherwise in this Bid document.
51
31. Applicable Law
The Contract shall be governed by the laws of the Republic of India, unless otherwise
specified in the bid document.
32. Jurisdiction of Courts
Irrespective of the place of delivery, the place of performance or place of payment
under the contract, the contract shall be deemed to have been made at the place from
where the acceptance of tender or contract order has been issued.
The courts of the place from where the acceptance of tender has been issued shall
alone have jurisdiction to decide any dispute arising out of or in respect of the contract.
33. Notices
Any notice given by one Party to the other pursuant to this Contract shall be sent
to the other Party in writing or facsimile to be confirmed in writing, to the other
Party's address. For the purpose of all notices, the following shall be the addresses of
the Purchaser and the Service Provider:
Purchaser:
General Manager (MM/S&IC),
Central Coalfields Limited
Materials Management Department
Darbhanga House, Kutchery Road
Dist. Ranchi – 834029 Jharkhand
Ph: +91 (0651) – 2360716(O)
E-mail: [email protected]
Service Provider:
Shall be as per the details given in the offer of the
bidder
A notice shall be effective when delivered or on the notice's effective date, whichever
is later.
In case of change in address, the Service Provider shall immediately notify the same
to the Purchaser in writing. The service provider shall be solely responsible for the
consequences of omission to notify the change of address to the Purchaser.
52
ANNEXURE – G
E-Auction Terms & Conditions
Inspection of Lots at different locations of CCL as indicated in the list/catalogs of the Lots
maybe made by the prospective Buyers before participating in the e- auction of enclosed lots.
The closing time of an e-Auction shall automatically be extended by 10 minutes forall the e-
Auctions if bid continues (e.g. in case the closing time is 5:30 p.m. of any particular date and
if any bidder bids at 5:29 p.m. then the closing time will be automatically extended to
5:40 p.m. Similarly, if any bidder again bid at 5:39 p.m. then the closing time will
automatically be extended to 5:50 p.m.). Auto extensions unlimited.
Bidders who possess valid MOEF (Ministry of Environment and Forest) /CPCB
(Central Pollution Control Board)/ SPCB(State Pollution Control Board) certificate
or any other certificate will only be allowed to bid for the hazardous waste materials like
batteries / drained oil, Non Ferrous wastes like Dross / Ash/ Skimming etc., empty
grease/oil/tar drums and for e-waste etc.
It will be the responsibility of the bidders to ensure that they are in possession of all
requisite clearances/ certificates/ documents in order to fulfill various requirements of
Govt. of India in regard to materials purchased by them. All such documents should be
valid as on date of e-auction as well as the date of lifting of the scrap material sold to
them, failing which CCL shall not give delivery of the respective scrap material, till the
valid documents are submitted.
1. The word SELLER wherever appearing means the CENTRAL COALFIELDS LTD., (CCL)
or its authorized representative.
2. The word (name of Service Provider): wherever appearing means the (name of Service
Provider) hereinafter referred to as present SELLING AGEENT/ SERVICE PROVIDER OF
SELLER.
3. The word PURCHASER / BIDDER wherever appearing means, firm or company whose
rate has been accepted by the SELLER and the sale release order has been issued in
his/her favor.
4. The offers are to be quoted exclusive of Taxes /Duties. Materials put up for sale are
strictly on AS IS WHERE IS AND NO COMPLAINT BASIS. In case of any unforeseen
circumstances beyond the control of the Management of SERVICE PROVIDER/SELLER, the
auction may be extended/postponed.
5. INSPECTION OF MATERIALS: The materials offered for sale on 'As-is-where-is' and 'no
complaint' basis may be physically inspected by the prospective purchaser/bidders before
participating in the e-auction with prior permission of the stock holder during working hours
(excluding holidays) by producing their e- auction Photo I-Card issued by Service Provider &/or
by producing a copy of STC (downloaded from the website) to the Principal along with proper
ID proof. Inspection shall be limited to visual checking only. Any clarification required may be
sought by the bidders at the time of inspection and no dispute regarding its physical
conditions/location will be entertained thereafter.
All prospective Buyers may please note that the Description (specifications, quality, size etc) of
the scrap materials is only indicative and the use of such description shall not constitute the sale
thereof, to be sold by description and no sale shall be invalid by reason of any defect in any lot
or on account of any lot incorrectly described and quantity indicated against the lots are purely
indicative and without any guarantee/warrantee and Service Provider/Owner shall not entertain
any complaint from the buyer for any deficiency in qty. / number etc. or for recovery of the
whole or part of the purchased money or any loss of profit / interest /damages and otherwise.
Description against each lot given is not exhaustive. The description indicates the major content
of the lot. Bidder are requested to contact the respective Areas’ Nodal officer(S&D) for
inspection of the lot(s) to assess the exact physical condition of the materials contained in each
lot and satisfy themselves before submission of bid.
6. All the interested Purchasers who are registered with the service provider can go through the
auction catalogue prepared by Service Provider displayed on their portal, through their user id
provided to them and can participate as per terms and conditions of e-auction5s7. Bidders
registered with the service provider should be automatically informed through e- mail regarding
scheduled time and date of e-auction.
7. For purchase of Hazardous scrap materials like batteries, burnt oil etc. and for e-waste the
perspective bidders must have MOEF/SPCB/CPCB registration certificate or any other
certificate required for such items and must follow the guidelines of GOI/ statutory authorities
like Central/State Pollution control Board (CPCB/SPCB) from time to time. The certificates
must be valid on the date of e-auction as well as lifting of the hazardous scrap materials.
8. Bidders will be responsible for obtaining required Digital Signature Certificate directly from
the government approved agencies, as per the requirement of the Portal of the Service provider.
9. It will be the responsibility of the bidders to ensure that they are in possession of all requisite
clearances/ certificates/ documents in order to fulfill various requirements of Govt. of India in
regard to materials purchased by them. All such documents should be valid as on the date of
lifting of the scrap material sold to them, failing which CCL shall not give delivery of the
respective scrap material, till the valid documents are submitted.
10. The entire auction will be conducted using the Web through Internet.
Special terms and conditions for Internet auction: Bandwidth problems, connectivity problem
with the local ISP, slowness to access pages for downloading etc. are beyond the control of CCL
and Service Provider, hence, no responsibility and liability lies with CCL/Service Provider for
the above problems, if any, faced by the bidders before/ during the auction.
11. The system shall be IT compliant as per the Guidelines of GoI, issued from time to
time. It shall encompass security features to safe guard the interest of CCL as Seller. Sellers and
Purchasers can log onto the auction site for any related information, besides monitoring the
auction in real time.
12. Users (i.e. Seller, Service Provider personnel and bidders) of the auction site should
be able to view auction item, bidding history, other details and status. The identity of the Bidders
should not be disclosed by the system till completion of the e-Auction.
13. All the communications with the registered Purchaser / customers regarding prior
information of e- auction and post e-auction information regarding sale letter, payment advice
etc. will be essentially done through e-mail by Service Provider.
14. Every auction will be prepared with a pre-determined opening and closing date
and time which will be duly intimated to Bidders by Service Provider. Bidding will be accepted
within that fixed period provided there is no continuation of bidding at that point of time. The
closing time shall automatically be extended by further 10 minutes, every time, if a Bid is
recorded within last 10 minutes closing of Bids.
15. Pre Bid EMD: Every bidder will have to deposit Pre-Bid EMD of Rs. One Lakh +
GST @ 18% i.e. Rs. 1,18,000.00 (Rs. One lakh Eighteen Thousand only) against each
auction to service provider before the e-auction for all lots through online mode (Debit
Card/NEFT/Credit Card/Net Banking) only. You are requested to click on the request button
and also click on ‘Complete Request’ of all interested Lots before the closing date of EMD
Submission.
The Pre-Bid EMD will remain deposited with the Service Provider. The Pre-Bid EMD along
with GST will be refunded to unsuccessful bidder within 3 days after closing of the auction by
the Service Provider. In case of successful bidder, the Pre-Bid EMD along with GST will be
retained by the service provider till the full payment of the Lots is submitted by the successful
bidder to CCL HQ through EFT.
16. Once the auction is closed, the system should automatically confirm if the highest
price received is equal to or above the threshold limit of Reserve Value (RV), and should send
the bid sheet of the completed Auction by e-mail to CCL. Concerned Stores Department will
give the clearance to the Service Provider to convey the acceptance of H1 rate to the successful
bidders by email.
The Service Provider will then inform the successful H1 bidders about the acceptance of
their bid and advise them on their registered email address and through SMS alert to deposit the
requisite Security Deposit and Balance Material Value as per the terms of the Auction.
17. Security Deposit: It is responsibility of the bidder to verify the status of their bids
and pay the requisite Security Deposit amount accordingly. Security Deposit of 25% of Material
Value of the lots sold to the buyer should be deposited to CIL / Subsidiary company HQ through
NEFT/ RTGS within 7 days from the date of intimation. If the total value of Security Deposit is
more than Rs. 10 (Ten) Lakhs, the period allowed for Depositing the Security Deposit shall be
15 days from the date of intimation. In case the bidder fails to deposit the Security Money
within the prescribed period, it will be presumed that he has abandoned the lot and the sale of that
lot shall be treated as cancelled and his EMD shall be forfeited. Further, the defaulting buyer shall
be debarred for participating in the e-auction of CCL for 6 months.
The request for extension of deposition of Security Deposit may be considered by CCL Hq after
levying penalty (1 % of the sale value with applicable GST, if any) with the approval of concerned
GM (MM)/HOD for maximum 7 days. However, under circumstances beyond control ofthe buyer/
force majeure conditions, CCL may allow payment beyond stipulated period without penalty with
the concurrence of Finance and approval of Director (Technical).
3 Scheduled date of
submission of Security
Deposit /Balance
amount as per
Intimation letter issued
by Service provider
4 UTR reference no.
5 Amount Deposited &
Date of NEFT/Transfer
-
If at any time, during the continuance of this contract, the performance in whole or in part by
either party of any obligation under this contract shall be prevented or delayed by reason of any
wars or revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods,
explosions, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes or act of God
(hereinafter referred to “events”) provided, notice of the happening of any such event is given by
either party to the other within 21 days from the date of occurrence thereof neither party shall by
reason of such event, be entitled to terminate this contract nor shall either party have any claim
for damages against the other in respect of such non- performance or delay in performance, and
deliveries under the contract shall be resumed as soon as practicable after such event has come
to an end or ceased to exist.
20. CAVEATEMPTOR:
The quantity, quality, measurement and condition of the materials indicated are all approximate.
Participation and bidding by anyone in this sale shall be treated as conclusive evidence of the
fact that the party has inspected the materials offered for sale and satisfied himself in all respect
regarding quantity, quality, measurement, weight and condition of materials, taxes and duties,
local working condition and other extraneous factors and principle of Caveat Emptor (let the
buyer beware) will apply.
It shall be implied and taken for granted that the party has carefully gone through and
understood the terms and conditions of e-Auction including the amendments if any, prevailing at
the time of bid. No complaints or objections shall be entertained by CCL/ Service Provider
and/or the Authorities after the bid is opened/accepted.
CCL/ Service Provider do not give any warrantee or guarantee for the quality, chemical
composition of the lot or about the end use or fitness for particular purpose. The breakups of the
quantities given in the material is tare only indicative and without any guarantee. No complaint
whatsoever about any shortage shall therefore be entertained.
22. Sale Release Order (SRO): On receipt of Delivery Order for the sold lot(s) from the
Service Provider, the Sale Release Order shall be issued to the
Area General Manager / Administrative Head of the Stock holding Unit by the MM Department
of Subsidiary HQ/ CIL HQ), with a copy to the Service Provider and the buyer.
Delivery of the sold lot shall be given to the persons duly Authorized by the Service Provider
and having the ID Card issued by the Service Provider.
The ground rent /other penalties and applicable Taxes (GST, TCS etc.) may be deposited at the
Areas of delivery, as per the prevailing practice of the concerned subsidiary/CIL HQ, which
shall be clearly indicated in the Sale Release order. The SRO shall also include the reference
of the Survey-Off Report of the Lot sold. The delivery shall be given only after receipt of all
dues and payments from the buyer.
Further extension of Delivery period upto 4 weeks with Ground Rent shall be approved by the
GM (MM),HQ with concurrence of Finance.
All cases of extension of delivery period without ground rent beyond Ex-gratia extension shall
be granted with the concurrence of Finance and approval of the Director (Tech).
After expiry of the extended delivery period the sale value of the un-lifted quantity
shall stand forfeited and party shall not be allowed any lifting. However, if the delay is due
to force majeure conditions or any unforeseen situations faced by the seller, further delivery
extension without ground rent may be given with the concurrence of Finance and approval of
Director (Technical), recording proper justification.
Note:
The request for extension of delivery period should be intimated to concerned CCL Area through e-
mail from your registered email id, on or before the last date of free period.
Ground Rent:
The Ground Rent applicable after expiry of free delivery period including Ex-gratia extension
will be 1% (One Percent) of the Sale Value of un-lifted quantity per week or part thereof.
25. Following are some of the aspects which the Service Provider should ensure in its e-
auction system:
a) Bids above/as per cut off norms of the Reserve Price (i.e., Threshold Reserve Price) shall
only to be accepted by the system.
b) E-Auction should close on fixed date and time provided there is no extension of auction
occurs, if no Bid is received within the last 10 minutes of closing time of Auction.
c) No bid will be accepted after the auction closes including extension, if any.
d) No bidder should be allowed to enter the auction floor if it has defaulted in the previous
occasion or has been black-listed/ banned by either the Service Provider or the concerned CIL
subsidiary company, as per Guidelines. Banning of any bidder shall be applicable for a
particular subsidiary, in which he has defaulted.
Delivery of Lots to the Buyer: For delivery, Purchasers should be advised to report to the
Nodal Officer (S&D) by 9 AM/ 10 AM (as per official working hours of Area) on working days
in the respective units whereby he shall arrange delivery of material to the successful bidder
after obtaining necessary approval from Area. He will also advise the concerned Finance
Department to accept the due amount and taxes etc., balance as per the Sale Release Order.
Before delivery concerned Nodal officer/finance department shall ensure that all dues are
received duly supported with documents (like MR copies of all dues including taxes and
ground rent,
penalties, if any, deposited at Area). In case the last day of delivery happens to be a non-
working day/holiday, the next working day will be taken as the date of lifting without any
ground rent. It can be lifted on all working days except on Sunday/Holiday of the respective
places during working hours.
The material will be delivered only to the bidder or their authorized representatives during office
working hours on the basis of original valid photo identity card issued by the Service Provider
in their favor. In case of change of original authorized representative of the bidder, the delivery
can be given to the authorized representative of the purchaser on the basis of authentication of
change of authorization by the same office of the Service Provider which has issued the original
valid photo identity card to the authorized representative of the bidder.
Date of delivery should be fixed within the schedule date of delivery with the consultation of the
purchaser and other committee members and accordingly Purchasers should be advised to place
vehicle for taking delivery of the scrap materials. The purchaser at its own cost will make
arrangement for removal, dismantling, cutting (wherever necessary), loading, transporting etc. for
taking delivery in presence of the committee members, without causing any disturbance / loss to
the Seller’s property.
The segregation of material is not allowed. Once the material is lifted from the premises of
CCL it shall no longer be responsible for any misuse resulting from further sale and/ or
unauthorized use.
Service Provider/CCL shall not be liable for non performance of any contract either wholly or
in part or any delay in performance resulting from or due to any cause beyond the control of
Service Provider/CCL including fires, strikes go-slow lock-out closer, dispute with workmen,
uncertain & unstable labour situation, power shortage, war, riots, civil commotion, pestilence
epidemics, floods, accident, damages or accident to machinery, shortage of any raw materials,
shortage of labour, government or railway restrictions, acts, demands/ requirements of
governments force majeure or any circumstances beyond Service Provider/CCL’s control
whether directly due to or in consequences of the aforesaid causes or not AND the existence of
such causes of consequences shall operate to extend the time of the performance on the part of
Service Provider/CCL by such period as may be necessary to effect performance. After the
cause of delay, Service Provider/CCL shall be entitled at any time on notice to the buyer to
cancel any contract, the performance of which is likely to be delayed by any of the causes
aforesaid and in such case the buyers shall have no claim upon Service Provider/CCL of any
kind. The provisions of this paragraph shall not be limited or abrogated by any other terms of
the contract whether printed or written, nor will the provisions of this clause abrogate or limit
the effect of any other clause mentioned in the general conditions of sale/catalogue of Service
Provider/CCL.
The material sold shall be removed by the Purchaser from any one side of the lot as per the sole
direction of the Seller and no segregation of items from the sold lots will be permitted.
In case cutting or hot work is required for dismantling operations, permission of the same will
have to be obtained by the Purchaser from Area GM of the subsidiary company through Nodal
Officer (S&D). During hot work, all precautionary and safety measures will have to be taken by
the Purchaser before starting the hot work. No manpower shall be provided for this by the seller.
All costs involved in cutting shall be borne by the Purchaser.
At the time of delivery actual quantity of scrap battery or Burnt Oil or Hazardous materials to be
delivered to the Purchaser of such scrap materials shall be endorsed in the CPCB/SPSB
Passbook without fail by the Nodal Officer (S&D).
The weighment of lot shall necessarily be done through Weigh Bridge. For this purpose, tare
weight and gross weight should be taken from same weigh bridge and printed weighment
records duly signed by the committee members shall be kept in the office record. The record of
weighment shall also be maintained in the register of the Stores giving the delivery, for future
reference.
If the weight actually offered at the time of delivery is less than the Weight
originally declared, a proportionate refund will be granted to the purchaser with the
approval of Director (Technical). Case for refund of the balance amount if payable
to the Purchaser shall be processed by the concerned Area, from where the delivery is
given, for approval of the Director (Tech), with due justification.
In case the weight of the lot is higher than the estimated quantity, the purchaser willing to
take the additional quantity (limited to max 10% of the offered quantity) should deposit
the equivalent amount before taking the delivery, with approval of Area General
Manager / Administrative head in case of CS / CWS and G M (MM) in case of Head
quarter.
27. JURISDICTION:
The contract shall in all respect be construed and operated as an Indian Contract and in
accordance with the Indian Laws in force and subject to exclusive jurisdiction of Ranchi High
Court. This will be applicable as per the relevant Clauses stipulated in the Buyer Specific Terms
And Conditions already accepted by the Bidders at the time of Online Registration by him on the
Service Provider e-Auction website.
At the time of issuance / collection of Delivery Advice, the bidders have to give the following
undertaking to CCL:
“ I/We confirm that, we are not engaging and will not engage any child labour in any of the
activities for which I/we are participating in the auction. In case it is reported & proved that
child labour is engaged by me/us, imposition of penalty @ 10% of the contract
value & blacklisting of my/our firm by CCL is acceptable.
ANNEXURE – H
ANNEXURE – I
MANDATE FORM
(Format for Bank Details for Electronic Payment)
To,
The General Manager
(MM)/HOD, Materials
Management Department,
Central Coalfields Limited
HQ, Darbhanga House,
Ranchi
Dist.: Ranchi, Jharkhand–834001
Dear Sir,
We hereby authorize Central Coalfields Limited to make all our payments against our bills, Refund of earnest Money
deposit and Security deposit, through Electronic fund transfer system/RTGS/CBS/Intra Bank transfer.
A. We confirm that we are registered/not registered (Strike out whichever is not applicable) with CCL for e-payment.
(AUTHORISED SIGNATORY)
Name:
Date: (……………….) (Official Stamp)
B. The details for facilitating the payments (if not registered with CCL) are given below:-
1. Name of the Party (Beneficiary):
2. Particulars of the Bank Account:
a) Name of the Bank:
b) Name of
the Branch:
Address:
Telephone No.:
c) 9 Digit MICR Code Number:
(As appearing on the cheque issued by the bank)
d) IFSC Code:
e) Type of account: Savings/Current
f) PAN No. of the Beneficiary:
g) Account No.:
(As appearing on the cheque book issued by the bank)
(Please attach photocopy of a cancelled cheque for verification of the bank account details)
I/we hereby declare that the particulars given above re correct and complete. If the transaction is delayed or credit is not
affected at all for reasons of incomplete or incorrect information, I/we would not hold the company responsible. We also
agree to bear the bank charges, if any, for enabling such transfer.
(AUTHORISED SIGNATORY)
Name
Date: (…………….….) Official stamp
BANK CERTIFICATION
It is certified that above mentioned beneficiary holds a Bank Account No ................................... with our branch and the Bank
particulars mentioned above are correct.
(Authorised signatory)
Authorisation No.:
Name:Official Stamp:
Date: ( ........................... )
Signature Not Verified
Signature of authorized official of Bank
Digitally signed by ASMITA KRISHNA
JAGTAP
Date: 2022.01.27 18:43:42 IST
Location: Coal India Limited-CIL