Fluid Coupling

Tender No.
WCL-UM4550-Pur-LTE-e020 -2020-21
( UNDER JURISDICTION OF NAGPUR COURT ONLY )
WESTERN COALFIELDS LIMITED.

( A Subsidiary of Coal India Limited, a Government of India Undertaking )
CIN No. U10100MH1975GOI018626
Area Purchase Cell Contact Person’s name:Navin Nischal

Western Coalfields Limited Designation: Staff Officer (MM)
Office of the General Manager, Umrer Area Tel: 07116-247092, Fax : 07116-247374
PO: Umrer Project, Dist: Nagpur Website : www. westerncoal.nic.in
Maharashtra, Pin Code - 441204 www. tenders.gov.in
e-mail : somm.umrer2012@gmail.com
CIN: U100MH1975GOI018626
“Eligible for participation by any prospective bidder”
SCOPE OF SUPPLY: Supply of Fluid Coupling FCU 17.75

Section I - Invitation for Bids
1. Western Coalfields Limited, a subsidiary of Coal India Limited, a Government of India Undertaking
with its registered office at Coal Estate, Civil Lines, Nagpur – 440001, Maharashtra, invites online bids
through its e-Procurement Portal https://coalindiatenders.nic.in from the eligible bidders
2. The tender document shall be available on the website of Western Coaldfields Ltd
(www.westerncoal.in), Central Public Procurement Portal (www.eprocure.gov.in) and CIL’s e-
Procurement Portal (https://coalindiatenders.nic.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).Tenders are to be submitted strictly as per
guidelines furnished in the website of http://coalindiatenders.nic.in
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.
Tender No: WCL-UM4550-Pur-LTE-e020 -2020-21

Subject of Tender /
Scope of Supply Supply of Fluid Coupling FCU 17.75
Type of tender LTE( Domestic)
E-TENDER with E-Price Bid
Mode of Tender: Without Reverse Auction
Tender Value Rs.1,43,540.00
Earnest Money Deposit (EMD)
(To be submitted ON-LINE Only) Not Applicable .
Tender Document Cost /
Tender Fee Not Applicable being an E-tender
Date and Time of opening
Of Tenders 08.07.2020 at 11:00:00
Date and Time of opening
Of Tenders 09.07.2020 at 11:00 AM
Date and Time of Reverse Auction Normally on the same date of tender opening which
( if Reverse Auction is applicable ) will be notified to the participating bidders through
system generated message
Under unforeseen circumstances if the due date of Opening falls on holiday, the tender
will be opened on the next full working day at the same time.
WCL Umrer Area is working half day on all Saturdays i.e., upto 1.30 p.m.).
Special Note: This NIT is based on the provisions of New CIL Purchase Manual 2020 and there are many
changes in different clauses (including penalty clause and short fall/confirmatory documents clause etc) as
Page-1
Tender No. WCL-UM4550-Pur-LTE-e020 -2020-21
compared to previous NIT. Therefore the Bidders are advised to read the complete NIT carefully, before
submission of the bid
Contents of the Tender Document:

1. Section – I - Invitation for Bids (IFB)
2. Section- II - Instruction to Bidders (ITB)
3. Section- III – General Commercial Terms and Conditions of the Tender
4. Section-IV – Special Conditions of the Tender
5. Section-V - Schedule of Requirements
6. Section-VI - Technical Specifications and Terms and conditions.
7. Section – VII - List of Annexure enclosed with the NIT
Section II:- Instruction to bidders (ITB)
1. Requirements for participation in e-tenders

In order to submit the online offer on CIL’s e-Procurement portal https://coalindiatenders.nic.in, the
bidders should meet the following requirements:
a) PC with internet connectivity. It will be the bidder’s responsibility to comply with the system
requirement i.e. hardware, software and internet connectivity at bidder’s premises to access the e-
Procurement website. Under no circumstances, WCL shall be liable to the bidders for any direct/indirect
loss or damages incurred by them arising out of incorrect use of the e-Procurement system or internet
connectivity failures.
b) Registration/Enrollment of Bidder on e-procurement Portal of CIL:

In order to submit the Bid, the bidders will have to get themselves registered online on the e-
Procurement portal of CIL(https://coalindiatenders.nic.in) with valid Digital Signature Certificate (DSC)
issued from any agency authorized by Controller of Certifying Authority (CCA) and which can be traced
up to the chain of trust to the Root Certificate of CCA. The online Registration of the bidders on the
portal will be free of cost and one time activity only. The registration should be in the name of bidder,
whereas DSC holder may be either bidder himself or his duly authorized person and the DSC has to be
mapped in the name of the bidder.
The bidders who are eligible for purchase preference for being an MSE / Make in India’ bidder /
Domestically Manufactured Electronic Products bidder / Ancillary 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.
c. Undertaking by the Bidder: 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, 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 the same is found to be wrong
or misleading at any stage, they will be liable for punitive action.
3. Help for participating in e-tender
The detailed method for participating in the e-procurement is available on links “Help for Contractor”
and “Bidders Manual Kit” in CIL’s e-Procurement portal. The bidders may also seek help from the 24 x 7
help-desk on 0120-4200462, 0120-4001002, 0120- 4001005 and 0120-6277787. All queries will be
answered in English / Hindi only.
Contact Person:- Bidder may also contact Shri Chetan Barapatre: 096234 02456;
email: techhelp.wcl@gmail.com or Shri Ashish Khot 9766650208;
The detailed method for participating in the e-procurement are available in the website
https://coalindiatenders.nic.in. The bidders have to Log on to official website and then click on the
specified links to start participating in the e-procurement process.
Page-2
Bidders are also free to communicate with the contact person of the service provider to get all
clarifications regarding the mode of the e-procurement process.
NB : ( I ) Please note that there is no provision to take out the list of parties downloading
the tender document from the above referred web site . As such , tenderers are
requested to see the website once again before due date of tender opening to
ensure that they have not missed any corrigendum uploaded against the
said tender after downloading the tender document. The responsibility of
downloading the related corrigenda , if any , will be that of the downloading
parties.
( II ) No separate intimation in respect of corrigendum to this NIT( if any ) will be sent to

tenderers who have down loaded the documents from website. Please see websites
https://coalindiatenders.nic.in The offer should be submitted (uploaded ) strictly as per the terms
and conditions and Procedures laid down in the website / 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.
3.0 Bidders should confirm that they are aware of the amendment contained in the corrigendum
(issued on a particular date, after the issue of the NIT) and the same has been taken into consideration,
while making his quote.
4.0 The bidder must upload all the documents required as per the terms of NIT. Any other document
uploaded which is not required as per the terms of the NIT shall not be considered.
5.0 It may please be noted that E-tendering or e-procurement fall under the purview of the
Information Technology Act 2000 and Information Technology ( Amendment) Act 2008 and other
relevant acts and subsequent amendments if any ).
6.0 There will be no physical sale of the tender documents.
7.0 PREPARATION OF TENDER DOCUMENTS :

The Tender Documents are to be submitted in the following manner and shall be submitted through
electronic mode only:
7.1 Cover-I (Techno-commercial bid): This part of the offer should contain the documents and
details asked for as under (in no case should contain / indicate the offered prices):
i) TECHNICAL Cum COMMERCIAL PARAMETER SHEET (TPS):
This document which is in Excel Format will be downloaded by the bidder and he will furnish all the
required information on these sheets. Thereafter, the bidder will upload the same file during bid
submission. The Technical cum Commercial Parameter Sheet (Excel file) shall contain the
following Two sheets:
(a) Technical Parameter Sheet (TPS) - The Technical Parameter Sheet containing the technical
specification parameters for each tendered item is in Excel format. Non-compliance of any of the
parameter of specification for any of the item will disqualify the bidder for that item.
(b) Commercial Parameter Sheet (CPS) - The Other Commercial Parameter Sheet containing
the commercial parameters should be uploaded after filling the required details and selecting the
parameters. Bidders must fill and select the relevant information before uploading the same.
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 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.
Page-3
Bidders have to make sure that ‘Eligibility-Overall’ cell against items they intend to quote indicate
‘COMPLIED’.
The system automatically evaluates TPS & GTE based on the declarations/information filled by the
bidder .
ii) General Technical Evaluation (GTE) template is also to be filled up by the bidder online.
iii)Scanned copies of documents as required as per requirements of the NIT and as specified in the
various sections of NIT / TPS / CPS are to be uploaded as General Documents in the e- tendering
system and then attached with the offer while submitting the offer online.
7.2 Cover-II– Price-Bid/BOQ : This part of the offer should contain price portion .The format of Price
Bid/BOQ which in excel format shall be downloaded by the bidder and the rates, taxes and duties
offered by the bidder shall be filled in the excel file and uploaded the same excel file into cover -2 of e
tendering system while submitting the offer.
Both Techno-Commercial Bids (Cover-I) and Price-Bid (Cover-II) are placed in a single envelope and
on the scheduled date and time of tender opening, both these covers are opened
simultaneously on-line. The participating bidders may view the opening of the bids on-line.
Upon opening of the bids, GTE, TPS, BOQ and all other documents uploaded by the eligible bidders
will get opened and comparative statement of prices will get generated by the system.
The system automatically evaluates TPS & GTE based on the declarations/information filled by the
bidder . Upon opening of the bids, GTE, TPS, Price bid/ BOQ and all other documents uploaded by the
eligible bidders get opened and comparative statement of prices is generated by the system with the
prices of bidders whose offers found to be eligible as per Auto evaluation done by the system based on
the declarations/information filled by the bidder in TPS & GTE.
“If a firm quotes NIL charges/ consideration, 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 regard is made in the bid”.
The price bid/BOQ which is incomplete and not submitted as per the instructions given will be liable for
rejection.
Note :
1. Bidders are requested to upload all the attachments /documents in one single PDF File in
Other Important Documents(OID) or as indicated in the online instructions. For Example if more
than one document is to be uploaded in support of Eligibility criteria or proveness criteria or any
other requirement(i.e. packet) then bidder must prepare one single PDF file of all the related
documents and then upload in the system in OID.
8.0 Notice to the bidders: All notices to the bidders shall be sent by e-mail only during the
process of finalization of tender by WCL as well as e-procurement service provider. Hence the bidders
are required to ensure that their corporate e-mail -id is provided / updated during the registration of
vendor with Service Provider. Bidders are also requested to indicate their valid corporate e-mail- id and
mobile no. of authorized representative at SECTION -III (Commercial terms & conditions) for
communications through e- mails / SMS alerts (if any).
9.0 Modification & re-submission of bids:

a. Modification of the submitted bid shall be allowed online only before the deadline of
submission of tender and the bidder may modify and resubmit the bid online as many times as he may
wish. Bidders may withdraw their bids online within the end date of bid submission
b. Please note that the e-procurement system allows the bidders to re-submit their bid any
number of time till the closing date and time of the tender. However, if a bidder “WITHDRAWS” his bid,
Page-4
he is not allowed to participate in that tender. Therefore, if the bidder wants to change his bid
documents, he must choose the “RE-SUBMIT” Option in “My Bids” link in the system.
Note : In view of the above procedure of evaluation, bidders at the time of submission of bid should
ensure that their offers/templates and supporting documents are correct and strictly meet the NIT
criteria.
10.0 Clarifications of Bid Documents
The bidder may seek clarification within the period specified in the bid document. The clarifications may
be asked from the next day of e-publication of NIT. The last date for seeking clarification will be up to 15
(fifteen) days before the last date of submission of bid and the last date of giving clarification will be up
to 7 (seven) days before the last date of submission of bid. The Purchaser will respond to such
requests for clarification of the Bid Documents, which are received within the period specified in the
Tender Enquiry. Purchaser’s response (including an
explanation of the query but without identifying the source of inquiry) shall be put on the , e-
Procurement Portal , website of WCL and CPPP portal.
11.0 Clarification of Bids/ Shortfall/ Confirmatory Documents: ( Not Applicable for tender
value upto Rs. 20.00 lakhs )
After evaluation of the uploaded documents, shortfall documents, if required, shall be sought from the
L-1 bidder. For this purpose, maximum 2 chances shall be given. The time period for the first
clarification will be 7x24 hrs and the time period for subsequent second clarification(if, required) will be
5 x 24 hrs given to the bidders to upload these clarifications / shortfall documents under the link
“Upload shortfall/ confirmatory document” indicating the start date and end date for on-line submission
by bidder. The bidders will get this information on their personalized dashboard. Additionally,
information shall also be sent by system generated e-mail and SMS, but it will be the bidder’s
responsibility to check the updated status/ information on their personalized dash board at least once
daily after opening of bid.
No separate communication will be made in this regard. Non-receipt of email and SMS will not be
accepted as a reason of non-submission of documents within prescribed time. The bidder will upload
the requested documents within the specified period and no additional time will be allowed in this
regard for on-line submission of documents after the maximum 2 chances, first of 7x24 hours duration
and second of 5x24 hours duration. If the bidder does not comply or respond by the specified date &
time, his tender will be liable to be rejected
The shortfall information/documents shall be sought only in case of historical documents which pre-
existed at the time of the tender opening and which have not undergone change since then. (Example:
if the Permanent Account Number, registration with sales tax/ VAT/ GST has been asked to be
submitted and the tenderer has not provided them, these documents may be asked for with a target
date as above).
So far as the submission of documents is concerned with regard to qualification criteria, after
submission of the tender, only related shortfall documents would be asked for and considered. For
example, if the bidder has submitted a supply order without its completion / performance certificate, the
certificate related to that supply order only shall be asked for and considered. However, no new supply
order would be asked towards the Eligibility qualification / Provenness criteria.
No shortfall documents shall be asked for tenders valuing upto Rs. 20.00 lakhs.
If the techno-commercial acceptability of the system generated L1 bidder is established upon

verification of uploaded documents and shortfall documents if any, the case shall be considered
for further processing. If the L1 bidder is found to be not techno commercially acceptable upon
verification, the documents of the next lowest bidder shall be downloaded for evaluation and
Page-5
shortfall documents obtained if required. This process continues sequentially till techno-
commercially acceptable L1 is established.
Clarifications: No change in the prices of the bid shall be sought, offered or permitted. No modification of
the bid or any form of communication with WCL or submission of any additional documents, not
specifically asked for by WCL, will be allowed and even if submitted, they will not be considered by the
purchaser.
12.0 The offer should be submitted strictly as per the terms and conditions laid down in the tender
document, failing which the offer may be liable for rejection. No deviation of the terms and conditions of
the tender document is acceptable. Also refer cl no: 28 of Section- III.
13.0 WCL reserves the right to reject or accept or withdraw the tender in full or part as the case may
be without assigning reason thereof.
14.0 In case of any technical mistake in online offer and NIC (e-procurement service provider)
confirming that there is no fault from their side then CIL will not be held responsible for the
consequences and no correspondence in this regard will be given any cognizance by CIL.
15.0a. Cartel Formation/ Pool rates: Pool/cartel formation is against the basic principle of competitive
bidding and defeats the very purpose of an open and competitive tendering system. Such and similar
tactics to avoid/ control true competition in a tender leading to “Appreciable Adverse Effect on
Competition” (AAEC) have been declared as an offence under the Competition Act, 2002, as amended
by the Competition (Amendment) Act, 2007.
In case of any evidence of cartel formation is found, WCL reserves its right to take suitable
administrative actions against such bidders as deemed fit, as per the provisions of the CIL's Purchase
Manual 2020. Such Matters shall be reported to trade associations, the Competition Commission,
NSIC, etc., and requesting them, inter-alia, to take suitable strong actions against such firms.
15.0. b 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 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/sub-assembly /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 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 his 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;
(h) 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.
Page-6
16.0 Language:
The language of the bid shall be English. All documents enclosed should also be in English
language. In case the original document is in a different language, self attested English translation
must be furnished.
17.0 Communication:
All communication sent by WCL 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. All correspondence with the bidder(s) during the pre-contract stage is,
however, without any commitment whatsoever.
18.0 e-Procurement Process:

18.1 The bidder shall upload their bids along with all the supporting documents in the e procurement
portal within the stipulated date of tender submission. EMDs are to be paid by the bidders in on-
line mode, available in the system. EMD exempt ion documents will be uploaded as provided in the
system, to be verified along with bid documents.
18.2 Extension of tender submission date : In case of number of bids received are less than three,
extension of tender submission date initially by two days and thereafter by five days will be done
automatically by the system. However, no separate paper publication of such auto extension shall be
issued.
However, in case even after granting two extensions, less than 03 (three) bids are received, tender can
be considered for opening. In case no offers are received, tender will be cancelled with competent
approval.
18.3 The tenderer has to upload Technical Parameter Sheet(TPS), Commercial Parameter Sheet (CPS)
and General technical evaluation sheet(GTE), after filling up the details as required in the templates. All
the documents as required in the NIT are also to be uploaded by the bidder.
18.4 On scheduled date & time of tender opening and upon opening of the tender by the bid opening
team, System automatically evaluates particulars as contained in GTE and TPS/ CPS.
19.0 General guidelines and Process Flow for Tender ( Without Reverse Auction)( Applicable for
tender value upto Rs. 50.00 lakhs )
Single Tender Enquiry, Limited Enquiry and the Open Tenders whose value is upto Rs. 50.00
lakhs shall follow tendering process as under;
19.1 BOQ/Price bid of only such bidders - who have been found techno-commercially qualified as per
declaration / confirmation given in TPS/ CPS and GTE , which is automatically evaluated by the e-
procurement system - will be opened by the system.
19.2 The Prices shall be quoted in the BOQ clearly indicating Input Tax credit on GST as applicable,
so that it is reflected in the landed price for the purpose of arriving at the Item wise L-1 price. The
column “TOTAL AMOUNT after ITC for arriving at Itemwise L-1 bidder” as indicated in the BOQ shall be
considered by the system for determination of L-1 bidder (Column BB of BOQ sheet) .
19.3 System provides bidder details along with bid documents only at the end of tender opening
process.
19.4 The status of the bidder (Ll, L2 etc) shall be evaluated itemwise by the system considering the
Price quoted in the price bid after taking into account set off against available Input Tax Credits, (i.e.
cost to the company)
19.5 All electronic bids submitted during the tender process shall be legally binding on the bidder.
19.6 Input Tax Credit will be considered for determining the status of the bidders.
Page-7
19.7 Conditional discounts shall not be considered. If a bidder offers a discount unilaterally after
submission of bid, the discount shall not be considered for evaluation of offers but shall be availed if
order is placed on such tenderer.
19.8 If the lowest price received during tender is unreasonable or it is unacceptable on ground of
being too high or too low compared with estimated price, LPP etc, WCL reserves right to seek
justification of the price from lowest bidder. If the price is not considered reasonable, management
may not accept such bid and go for another tender process.
20.0 General guidelines and Process Flow for Tender cum Reverse Auction:- Applicable only for
tenders valuing above Rs. 50.00 lakhs
Tenders whose value i s a b o v e R s . 5 0 . 0 0 l a k h s shall follow reverse auction process

as under;
20.1 Reverse Auction will be initiated after opening of price b i d s , as detailed above in case of
normal tenders.
20.2 There will be no participation fees for e-Reverse auction.
20.3 Only such bidders - who have been found techno-commercially qualified as per declaration /
confirmation given in TPS and GTE , which is evaluated by the e-procurement system - will be
permitted to participate in the reverse auction.
20.4 After opening of the tender, a reverse auction platform will be created, normally within two hours of
opening of bids. No indication will be available in the portal to anybody regarding number of bids and
names of the bidders. System displays L1 price automatically after taking into account set off
against available Input Tax Credits, (i.e. cost to the company) and this L1 price will be start bid price.
The details of Start time of Reverse Auction (RA) will be intimated through SMS & e-mail by the e-
procurement system. However, bidders are also advised to check the details in dash board in the “MY
AUCTION” tab.
20.5 The Prices shall be quoted in the BOQ clearly indicating Input Tax Credit on GST (IGST /
CGST+SGST) and Input Tax Credit against Goods and Services etc, so that it is reflected in the landed
price for the purpose of arriving at the L-1 Price. The Column” TOTAL AMOUNT After ITC for arriving at
L-1 Bidder” as indicated in the BOQ shall be considered for determination of L-1 bidder (Column BB of
BOQ sheet).
20.6 The start bid price is the landed / cost to the company price (after taking in to account Input Tax
Credit on GST (IGST / CGST+SGST) as applicable) on which the auction will be initiated. At the end
of reverse auction, the L 1 bidder has to submit break up of prices c o n f o r m i n g to the lowest
landed rate quoted by him in the reverse auction as per the BOQ Format.
20.7 To evaluate the L-1 Price, of different kind of tenders, the evaluation criteria would be as
under:
20.7.1 LCB (Local Competitive Bidding) - The Price for the Reverse auction would be the
F r e e D e l i v e r y a t S i t e price, i.e., cost to WCL, which should include all the components
of Taxes and Levies applicable, Freight, Insurance etc. and taking into consideration Input Tax
Credit as indicated above (if applicable against the tender), as per the BOQ given in the tender.
20.7.2 : Item-wise H-l bid (the highest bid) will be eliminated during price bid opening, if more than four
techno-commercially acceptable bids are available and H-1 bidder (the bidder who has quoted the
highest net landed cost/price) will not be able to participate in the Reverse Auction for that item. If two
bidders have quoted the same H-l net landed cost/price, the bidder who had submitted/ frozen the bid
later, shall be rejected and will not be able to participate in Reverse Auction. However H-l elimination
will not be applicable to the preferential category of bidder like MSEs, Make In India, Ancillaries,
Domestically Manufactured Electronic Products (DMEP) and other preferential category of
bidders notified by Government of India from time to time.
20.8 The decrement value will be 0.5 % of the start bid price with minimum of Rs.1.00, as the present
e-procurement system does not have a provision of taking amounts less than Rs.1.00 as decrement
Page-8
value. The reduction shall have to be made as per decrement value or in multiple thereof. The
maximum seal percentage in one go will be fixed as 2% over and above the normal decrement of 0.5%
i.e. 2.5% of the start bid price or the last quoted price during reverse auction, whichever is lower.
20.9 In order to have ease of submission of reverse auction bid by the bidders, decrement value may
be rounded off to nearest value as under :
a) . For decrement values up to Rs.10/-, rounding off may be made to nearest rupee.
b) . For decrement values from Rs. 11/- to Rs. 100/-, rounding off may be made to nearest 10.
c) . For decrement value from Rs.101/- to Rs. 1,000/-, rounding off may be made to nearest 100.
d) . For decrement value from Rs. 1,001/- to Rs. 10,000/-, rounding off may be made to nearest 1000.
and so o n ......
For cases where the unit rate is low and quantum of item is huge, if the decrement value in terms of
0.5% works out to be in paise and rounding off to nearest rupee, would be much higher than 0.5% of
start bid value, the unit of measurement may be adjusted in such a way so that decrement value may
remain in the range of 0.5% or Rs. 1.00 whichever is higher.
For example, Tender for any item, whose unit of measurement is in Kg and having low unit rate may be
invited in terms of 10 Kg or 100 Kg, as may be considered appropriate, as unit of measurement.
The No. of Units will be specified in the BOQ and the bidder will have to quote their rates for the no. of
units specified in the “Units” Column of the BOQ.
However, WCL reserves the right to place order in WCL's standard unit of measurement by converting
the quoted units to the order units of measurement suitably.
20.10 Reverse Auction will be initiated normally within two hours after opening of price bids. Initial
period of reverse auction will be two hours. There will be auto extensions of time every time by twenty
minutes in case of any reduction recorded in the last ten minutes. The reverse auction will come to a
close only when there is no further reduction recorded in the last ten minutes slot, as applicable for the
auto extensions of time.
20.11 System provides bidder details along with bid documents only at the end of reverse auction
process. The log details of the entire reverse auction process will be generated by the system once the
process of reverse auction is completed.
20.12 If a bidder does not submit his bid in the Reverse Auction, the price quoted by him in the price
bid shall be considered as the valid price of that bidder. The status of the bidder (Ll, L2 etc) shall
be evaluated considering either the bid price submitted in Reverse auction or the Price quoted in
the price bid , whichever is lower.
20.13 BOQ Template provided with the NIT will help to arrive at "Total Cost to WCL" by the vendor,
like-packing & forwarding charges, Taxes and duties, Freight charges, Insurance, Service tax for
services etc, as arrived at in the column TOTAL AMOUNT After ITC for arriving at L-1 Bidder” of the
BOQ to enable them to fill-in the price and keep it ready for keying in during the Reverse auction .
20.14 The bid history shall reflect only the landed price after taking in to consideration the ITC as
indicated above . The landed price shall also not be same for two bidders even if any bidder makes
such an attempt.
20.15 Only the chronologically last bid submitted by the bidder till the end of the auction shall be
considered as the valid price bid of that bidder and acceptance of the same by WCL will form a
binding contract between WCL and the bidder for entering into a contract. Any bid submitted earlier
by the bidder prior to submission of his last bid will not be considered as the valid price bid.
20.16 Server time shall be the basis of Start time & Closing time for bidding and shall be binding
for all. This would be visible to all concerned.
20.17 On expiry of the closing of the auction, the bid history showing all the last valid bids offered
along with name of the bidders shall be published. All bidders shall have the facility to see and get
a print of the same for their record.
Page-9
20.18 All electronic bids submitted during the reverse auction process shall be legally binding on the
bidder. The chronologically last bid submitted by the bidder till the end of the auction will be
considered as the valid price bid offered by that bidder and acceptance of the same by WCL will
form a binding contract between WCL and the bidder for entering into a contract.
20.19 Input Tax Credit will be considered for determining the status of the bidders.
20.20 Conditional discounts shall not be considered. If a bidder offers a discount unilaterally after
submission of bid , the discount shall not be considered for evaluation of offers but shall be availed if
order is placed on such tenderer.
20.21 The LI bidder after the reverse auction has to upload the breakup of net Landed Prices online
through confirmatory link. The detailed breakup of offered net landed price, uploaded by the bidder
shall be considered and order, if placed, shall be with the same breakup of prices. While giving the
break up, the bidder will not be allowed to increase the initial quoted rate of any component. The
composite price may be either equal to the price offered in reverse auction or less. The LI bidder after
reverse auction will be responsible to ensure that the net landed rate as per the breakup of prices
provided by him after the reverse auction and the LI net landed rate offered by him in the reverse
auction is the same or less, otherwise it may be treated as withdrawal of offer and will attract penal
action. The bidder will also have to consider same rate of taxes and duties as quoted while submitting
the e-price bid.
20.22 If the lowest price received during reverse auction is unreasonable or it is unacceptable on
ground of being too high or too low compared with estimated price, LPP etc., the management
reserves right to seek justification of the price from the lowest bidder. If the price is not considered
reasonable, management may not accept such bid and go for another tender process.
20.23 In case of disruption of service at the service provider's end while the RAP is online,
due to any technical snag or otherwise attributable to the system failure at the server end, the
RAP process will start all over again. In such a situation, the last recorded lowest price of
prematurely ended RAP, will be the 'Start Bid' price for the restarted RAP. The prices quoted in the
prematurely ended RAP will be binding on all the bidders for consideration , if the restarted RAP
does not trigger within the stipulated time.
Disruption and restarting of RAP shall be intimated to all the bidders through system/SMS/e-mail
through e procurement portal. All the time stipulations of normal RAP will be applicable to the
restarted RAP.
21.0 ONLINE EVALUATION PROCESS:

21.1 Upon opening of the bids, GTE, TPS, BOQ and all other documents uploaded by the eligible
bidders get opened and comparative statement of prices shall be generated by the system.
21.2 Supportive documents of the system evaluated L-1, shall o n l y be evaluated by WCL.
21.3 After evaluation of the uploaded documents, shortfall / confirmatory documents / clarifications,
if required, are sought from the L -l bidder. Shortfall documents / clarifications are to be sought only in
cases, indicated at clause no 11 of Section -II of this NIT
It is the responsibility of the bidder to upload the required shortfall documents within the specified date
and time for evaluation of the offer submitted by them.
21.4 If the techno-commercial acceptability of the system generated L-1 bidder(for
the respective item(s)) is established upon verification of uploaded documents and
shortfall documents if any, the case shall be considered for further processing. If
the L-l bidder is found to be not techno-commercially acceptable upon verification
of uploaded documents and shortfall documents if any, the documents of the next
lowest bidder shall be downloaded for evaluation and shortfall documents
obtained, if required. This process continues sequentially till techno-commercially
acceptable L-1 is established. The Techno-commercially NOT ACCEPTABLE L-1 bidder / next
Page-10
lowest bidder shall be considered as the defaulting bidder(s) and Penalty shall be imposed on the
defaulting bidder.
21.5 Penalty for Defaulting Bidders : Following penalties shall be imposed on the
defaulting bidders:
(a) If L-l bidder / Successive L1 bidder is a defaulter for part of / all items for which he is L-l,
100% of EMD amount or Rs.20.00 lakh, whichever is lower + GST ( at applicable rate ), is to be
forfeited and the bidder is to be disqualified in any tender for a period of 1 year for those
specific item(s) for which he has defaulted.
(b) In case the defaulter is an EMD exempted bidder, he will be asked to deposit the equivalent
EMD amount or Rs.20.00 lakh, whichever is lower + GST( @applicable rate ) within 7 days of
notice, failing which, his disqualification will be extended for another 1 year.
Note: Wherever, EMD is forfeited, GST at the applicable rate shall be charged extra over the
forfeited EMD amount within 7 days of notice, failing which, his disqualification will be
extended for another 1 year.
Note:
• The zone of applicability of penal provisions shall be TIA specific.
** The penal provisions will be squarely applicable to all those firms whose documents are examined on
account of treating them as L-l successively. For OEMs, the debarring actions may not be made for
their spares in order maintain the smooth supply of such spares
*** The submission of forged document, if any, by the bidder (s), shall be dealt with as per the
provisions under clause-6.13 of the Purchase Manual
CIL Purchase Manual 2020 is available in the website http://www.coalindia.in.
22. A bidder will liable for penal action, if the information / declaration / scanned documents furnished /
uploaded by them, in support of qualification / eligibility criteria / provenness / or any other criteria as
per the NIT is found to be wrong / misleading / not furnished / could not be verified by documentary
evidence at any stage they will be liable for punitive action.
The bidders will have to give undertaking online that, if the information / declaration /
scanned documents furnished by them, in support of the same in respect of qualification /
eligibility criteria / provenness / or any other criteria as per the NIT is found to be wrong or
misleading at any stage they will be liable for punitive action. The bidder has to upload the
declaration as per the format give at Annexure 6 alongwith the offer
23. All the bidders have to quote their GSTIN and submit the GST registration certificate along with
the other documents as required / sought in NIT.
24. Desirable Information from the bidders: All the bidders may please quote the item-wise HSN
code (Harmonized System Nomenclature) and SAC (Services Accounting Code), which may be
required for assessing the percentage of GST quoted in the BOQ
-------------------------
Page-11
SECTION III
GENERAL COMMERCIAL TERMS AND CONDITIONS OF THE TENDER
(Bidders to read carefully before submitting the online tenders )
1. Bidder’s commitment:
(A). By submitting the bid against his tender, the bidder shall undertake the authenticity and statement
made in the bid as well as documentary support of such statement submitted with bid and also agrees
to penal action by WCL as deemed fit if any commitment / confirmation is found to be false / wrong at
any stage.
(B) By submitting the bid against this tender, the bidder unconditionally accepts all terms and
conditions of the NIT.
2. Pre Contract Integrity Pact: ( Applicable for Value of Tender is Rs. 2.00 Crores and above )
( wherever applicable ) The bidders will have to upload along with their offer, the scanned copy of duly
filled-in, signed and stamped (on each page) Pre-Contract Integrity Pact on the plain paper as per
prescribed format, failing which their offer may not be considered. The bidder must sign and stamp all
pages of Integrity Pact and put name and designation of the signatory and witnesses at the last page of
Integrity Pact.
In case of any grievance, bidders may approach Independent External Monitor(s) (IEMs).
 Please note that the Document of Pre-contract Integrity Pact as uploaded with the
tender(in Annexure-5 ) ONLY has to be downloaded, signed and then scanned and
uploaded with the tender.
The INDEPENDENT EXTERNAL MONITOR nominated for this tender is (If Applicable) is
indicated in SECTION-IV
3. EARNEST MONEY DEPOSIT :

EMD is not applicable for all the tenders whose value is less than Rs. 2.00 lakhs.
 EMD is not applicable for Single Tender Enquiry ( both with PAC ( Propritary Article Certific-
ate ) and without PAC )
 For all other Tenders Limited / Open Tenders EMD is applicable (To be submitted ONLINE
only.) The Amount of EMD would ordinarily be 2% of the Tender value or Rs. One crore,
whichever is lower.
(i) The EMD amount in Indian Rupees, as indicated at page 1 of the NIT has to be deposited online
only within the last date and time for submission of online offer. In the Online mode, the bidder can
make payment of EMD through net banking from designated Bank or through NEFT/ RTGS from any
scheduled Bank. For online payment of EMD bidder has to select the option” Axis Agreegator Bank Net
Banking” In case of payment through NEFT/ RTGS, the bidder will have to make payment as per the
Challan generated by system on e- Procurement portal before submission of bid. Bidder will be allowed
to submit its bid only when the EMD is successfully received in CIL/Subsidiary Company’s designated
account and the information flows from Bank to e-procurement system.
(ii)-The requisite EMD amount need to be submitted online ONLY through e-procurement portal by “Net
Banking”/ NEFT / RTGS/ OR by generating challan from e-procurement portal.
(iii)-In case of online payment through Net Banking the bidder should have active bank account with
internet banking facility. CIL e-Tendering portal, www.coalindiatenders.nic.in, facilitates online
transaction for all major banks.
(iv)-The Bank account used by the bidder for submission of EMD should remain available till the
complete processing of the tender for refund of the EMD.
Page-12
(v)Freezing of Bid can be done only after completion of EMD submission process.
(vi) EMD furnished by all unsuccessful tenderers will be returned to them without any interest
whatsoever. EMD of unsuccessful bidders will be refunded through e-procurement portal/system
automatically after the bidder is declared unsuccessful.
(vii)-For successful bidders, the EMD shall be refunded after receipt of acceptance of the order along
with the Security Deposit from the bidder. The EMD of successful bidders will be refunded through e-
payment for which the bidders will have to upload the Mandate Form with Bank details.
(viii)-The Company shall not be responsible for any delay on part of the bidder in submission of EMD. In
case the EMD is not received within the aforesaid period, the bid will be out rightly rejected.
(ix)-In case of exemption of EMD, the self-attested scanned copy of document in support of exemption
will have to be uploaded by the bidder during bid submission which will be verified along with bid
documents.
3a. Exemption of EMD :
The following tenderers / firms are eligible for exemption of EMD.( Irrespective of the stores for
which there are registered)
a) Registered Vendors of CIL / WCL ( As on date there are no registered vendors of WCL ) Such
bidder should upload the self attested copy of valid Registration Certificate alongwith techno
commercial bid.
b) State / Central Government organizations / Public Sector Undertakings. The firms should upload the
scanned copies of registration certificates or self certification in this respect ,along with the techno
commercial bid.
c) Ancillary Units of WCL. The Bidder should upload the scanned copies of Self attested valid ancillary
registration certificates along with the techno commercial bid.
d) In case of Tenders for Spares, OEM / OES participating in the Open / Limited tender. However
the exemption of EMD is not applicable for the authorized dealers of the OEM / OES
e) Micro and Small Enterprises (MSEs) registered with District Industries Centers 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 (MoMSME) and MSEs registered under the Udyog Adhar
Memorandum are eligible for exemption of EMD, on submission of self attested copy of valid
document in support of their MSE status
In case of MSE bidders who submits Udyog Aadhar Memorandum and claiming benefits as
per public procurement policy of MSE Act 2012, are advised to declare the Udyog Aadhar
Memorandum (UAM) on Central Public Procurement Portal (CPPP).
The MSE bidders should also enroll their name in the Coal India e-Procurement Portal as
“Preferential Bidder” either by modifying their profile or while making “Online Bidder
enrollment”. The document in support of MSEs should also be uploaded against the specific
tender to avail benefits of Public Procurement Policy Order 2012.
Any MSE registered with District Industries Centre (DIC) of Khadi & Village Industries
Commission (KVIC) & Industries Board (KVIB) or Coir Board or National Small Industries
Corporation (NSIC) or Directorate of handicrafts and Handlooms or having Udyog Aadhar
Memorandum or any other body specified by Ministry of MSME will get the benefits of
Page-13
Public Procurement Policy Order, 2012.
f. Start Ups- Startups means an entity, incorporated or registered in India not prior to ten years, with
annual turnover not exceeding Rs. 100 crores in any preceding financial year, working towards
innovation, development or improvement of products or processes or services, or if it is a scalable
business model with a high potential of employment generation or wealth creation. Provided that such
entity is not formed by splitting up, or reconstruction of a business already in existence. Provided also
that an entity shall cease to be a startup if its turnover for the previous financial years has exceeded Rs.
100 crores or it has completed 10 years from the date of incorporation/ registration. In order to avail
benefits provided to Startups, the entity is to be recognized by DPIIT [GSR No. 127(E) dated
19.02.2019 of Gazette of India]. Self attested copy of the valid Registration with DPIIT shall be
submitted alongwith the offer.
(Note : 1. Wherever relevant Registration certificate indicate certain validity period, Bidders have to
ensure that such validity period covers the original scheduled date of tender opening .
2. In case of exemption of EMD, the self-attested copy of document in support of exemption will
have to be submitted by the bidder during bid submission which will be verified along with bid
documents
3b. Forfeiture of Earnest Money Deposit :The EMD shall be forfeited:
1. If the tenderer withdraws or amends, impairs or derogates from the tender in any respect within
the period of validity of his tender. In case where EMD of a bidder is to be forfeited, but the bidder
has claimed exemption of payment of EMD, in such case the bidder will be asked to submit the EMD
amount+ GST (@applicable rate ) of the tender within 7 days failing which he will be debarred from
participation in any tender for a period of 1 year for the same item(s)
2. If the tenderer having been notified of the acceptance of his tender by the Purchaser during the
period of its validity:
a) Fails to sign the contract within 30 days from the date of notification of award; or Fails to submit
order acceptance within 30 days from the date of order; or Refuses to accept/execute the contract
b) Fails to furnish the Security Deposit for the due performance of the contract within the specified
period.
Note: Wherever, EMD is forfeited, GST at the applicable rate shall be charged extra over the
forfeited EMD amount. The bidders whose EMD is forfeited have to make the payment of the
GST amount, failing which they will be debarred from participation in any tender for a period of
1 year for the same item(s)
4. SECURITY DEPOSIT :
The Successful bidder who have been awarded the contract/ Supply order is required to submit
the Security Deposit. Security Deposit shall be for an amount of ten per cent of the total landed
value of the contract including all taxes, duties and other costs and charges without considering
the Input Tax Credit. The Security Deposit shall be in the form of a Bank Demand Draft or in the
form of a Bank Guarantee as per format enclosed as Annexure-2 from a RBI Scheduled Bank in
India (on a non-judicial stamp paper) within 15 days from date of notification of award or place-
ment of order.
1. The Security Deposit shall be in the same currency in which contract is to be signed / Supply
order issued. In case of Multi Currency contract separate SDBG in respective currency for re-
quired value as above shall be submitted.
2. In case of equipment, SDBG shall not be individual equipment wise. However, multiple Bank
Guarantees for Security Deposit shall be permissible provided value of all the SDBGs totals
to 10% of the contract value, and all are submitted simultaneously within the specified time
schedule and all of them are in the same prescribed format of SDBG without linking to any
particular equipment.
Page-14
3. The SDBG shall remain valid up to 3 months after completion of supplies and acceptance of
materials by the consignee in case of supply of Materials and in case of contracts for equip -
ment involving installation and commissioning, 3 months after the supply and commissioning
of all the equipment covered in the contract.
4. Security Deposit will be released within 30 days after completion of supplies and accept-
ance of material by the consignee in case of supply contract or after successful commission-
ing and on receipt of confirmation of Performance Bank Guarantee (s) for all the equipment
covered in the contract in case of contracts for equipment and all those items/ goods in-
volving installation and commissioning and PBG.
5. Security Deposit may be converted into Performance Bank Guarantee (PBG) wherever PBG
is required at the option of the supplier. At the time of conversion of security money into PBG,
it should be ensured that the amount of PBG should not be less than 10% of landed value of
order. Wherever Security Deposit is converted into PBG, the operation of such SDBG/ Per -
formance BG shall be guided by the Performance Bank Guarantee clause.
6. If the successful tenderer fails to deposit the security deposit within 15 (fifteen) days from
date of notification of award/ placement of order, another opportunity shall be given to them
for submission of Security Deposit within next 15 days. If the successful tenderer still fails to
deposit the security deposit within the extended period but executes the supplies within
scheduled delivery period, the submission of Security Deposit shall be waived, as the pur-
pose of submission of SD is fulfilled.
7. If the Supplier fails to deposit the SD within the extended period and no supplies are made,
the order shall be cancelled and the case shall be processed to order elsewhere at firm’s risk
and cost. Moreover, the firm’s performance is to be kept recorded for future dealings with
them. Further, if during execution of the contract, the firm fails to extend the Bank Guarantee
for Security Deposit, suitably as required, the same shall be recorded as unsatisfactory per-
formance for future dealings apart from taking any other penal action as may be deemed fit
by WCL.
8. In cases where the successful tenderer did not submit the security deposit even within the ex-
tended period for SD submission but has supplied the materials either in full or in part after
the extended period for SD submission, the SD shall be deducted from the first bill or in case
of insufficient amount from subsequent bill(s) of the supplier till the full SD amount is deduc-
ted. Further, a penalty equivalent to 0.5% (half percent) of SD amount for delay of each week
or part thereof (period of delay is to be calculated from the 31st day from the date of notifica -
tion of award/placement of order to the date of receipt of full SD/deduction of full SD) shall be
levied subject to a maximum of 10% of the contract value.
Note: For unsatisfactory performance and / or contractual failure, the security money shall be
forfeited.
4a. EXEMPTION OF SECURITY DEPOSIT :
1. Submission of Security Deposit is exempted for the contracts having value upto Rs.2 lakhs.
2. All Central/State Government Organization/PSUs shall be exempted from submission of
Security Deposit.
3. OEM/OES shall also be exempted from submission of Security Deposit in case of procurement
of Spare Parts for equipment against Single Tender Enquiry/Open/Limited Tenders. However, dealers of
the OEM / OES are not allowed the exemption
Note: No exemption from Security Deposit shall be allowed for Ancillaries of WCL/MSE / Startups
Page-15
5. Eligibility Criteria for Bidders: Tenderer should be a proven sources. The tenderer
shall be considered proven provided the tendered / higher size of Gland packing
have been supplied during the last 5 years from the date of tender opening against
orders of CIL and its subsidiaries, other PSUs, Government Departments and Private
Organizations and their performance has been found satisfactory.
a1) . Qualification Criteria: The bidder should be in a position to offer and supply in specific delivery
period at least 25% of the total quantity for which the bid has been invited. Offers from bidders who fail
to comply with the qualification criteria shall be considered unresponsive.
a1.1) Distribution of the Quantity

1. Except in cases, where it is pre-decided and pre-disclosed in the tender documents to award
contract on more than one bidder in a pre-determined ratio, normally as per standard procedure, the
tender quantity is to be covered on the lowest responsive tenderer (LI) without dividing the same.
2. However, there may be special occasions of purchase of very large quantities of goods which are
beyond the capacity of a single bidder or the LI bidder is unable to take the load of the entire quantity.
In such cases, after coverage of quantity on LI bidder as per its capacity/ offer, the remaining quantity
shall be ordered on the L2 bidder at the rates offered by the LI bidder and for this purpose, LI rates
shall be counter offered to L2 bidder. If L2 bidder does not accept the LI rates or is also not able to
meet the remaining requirement, then the balance quantity shall be covered on L3 bidder and this
process may be followed till the entire tender quantity is covered. All such orders shall be be placed at
the rates offered by the lowest responsive tenders (LI).
a2) For the Tenders whose tender value is less than Rs. 50.00 lakhs only the Local Suppliers
are eligible to quote. ( The definition of Local Supplier is indicated at cl no: 23 H (d) of this Sec-
tion -III of the NIT ) (However for Tenders for procurement of Spares for HEMM / UG Equipment,
the above clause is not applicable for OEMs / OPMs as per the CIL Policy for procurement of
Spares for HEMM and UG Equipment )
b) Indigenous Manufacturers / Local Suppliers (LocaI supplier means a supplier or service provider
whose product or service offered for procurement has a minimum local content of 50%- also refer to cl no: 23H
d.): In case the bidder is an Indigenous manufacturer /Local Supplier, they have to submit scanned self
attested copy of the valid registration with NSIC / SSI/ DIC / Udyog Aadhaar / Registrar of Companies /
any other document issued by statutory bodies etc to establish themselves that they are the manufac-
turer of the offered items.
However, In case of Procurement of Spares, if the bidder is the OEM, no documentary evidence is re -
quired to establish their manufacturing credentials.
c) Indian Agent of Indigenous Manufacturer / Local Supplier: ( Broadly includes Distributor, Deal-
er, Channel Partner etc.). If the indigenous manufacturer does not quote directly as a matter of its cor -
porate policy, the procurement shall be made from its authorized Indian Agent based on the tender
specific authorization issued by the manufacturer mentioning tender reference number and date and
validity of such authorization.
The list of documents to be submitted by the bidder:
1. Self attested copies of the Manufacturing credentials of the Indigenous Manufacturer viz valid
registration with NSIC / SSI/ DIC / Udyog Aadhaar / Registrar of Companies / any other
document issued by statutory bodies etc to establish that their Principal is the manufacturer
of the offered items.
Page-16
2. A tender specific authorization issued by the manufacturer mentioning tender reference number
and date and validity of such authorization.
Note:( The authorization should be pre- dated ( from tender opening date), properly signed and valid.
The validity should corresponds to the delivery period stiputed in Tender Enquiry)
3. Undertaking from the manufacturer that, as a matter of its corporate policy, it does not
quote directly/ market their products to any organization. If, subsequently, at any stage,
it is found that it has quoted directly to any organization, it shall be liable for penal
action as per provisions of the NIT and the Purchase Manual. Further, if at any stage, it is
found that agency commission has been paid by the manufacturer/ principal without
declaring the agent, the commission will be recovered with interest.
4. Undertaking from the manufacturer that it will accept the responsibility for the satisfactory execution
of orders placed on the authorized agents including warranty/ guarantee obligations.
5. Undertaking from the manufacturer that, wherever necessary, it will provide requisite inspection
and testing facilities at its works in respect of orders placed on authorized agent.
6. Undertaking from the manufacturer that the authorized agent’s price will not exceed that which the
manufacturer would have quoted.
7. Undertaking from the manufacturer that in the event of placement of order on their authorized
dealer , the goods supplied / goods offered for inspection would be accompanied by a certificate
stating that the goods have been manufactured by them.
8. Undertaking from the manufacturer that No agent / Middle man / Liasoning agent or any entity in
any name other than the disclosed authorized Indian Agent is involved in the process of procurement of
goods and services.
( if subsequently at any stage, it is found that it has given a false certificate, it shall be liable for penal
action as per the provisions of CIL Purchase Manual 2020. )
9. Undertaking from the bidder ( authorized dealer ) that he will be responsible for all the contractual
obligations including quality aspects, replacement of part/items and warranty/ guarantee obligations,
and also will be responsible for providing the required after sale service.
10.The business entity of the Indian Agent should be in existence for 3 years on the date of tender
opening, irrespective of date of appointment as Indian Agent. The relevant self attested document in
this regard is to be submitted alongwith the offer.
Note: 1. If both the Indigenous manufacturer / Local Supplier and the Indian Agent participates in
this tender, then the offer of the Indian Agent will be rejected.
2. One manufacturer can authorize only one Indian agent.
3. If Indian Agents submits bid on behalf of a manufacturer, the same agent shall not submit a bid on
behalf of another manufacturer in the same tender for the same item / product.
d) Indian Agents of Foreign Manufacturers: ( Only in case of Tender value is Rs.50.00 lakhs
and above ) In case the bidder quote for the Imported spares after importing from the Foreign manu-
facturer, have to submit the following documents.
1. Scanned self attested copy of the valid manufacturing credentials of their Principal, issued by
any Govt authority in their country, ISO certification / any other document issued by statutory
bodies etc , to establish that their Principal is a the manufacturer of the offered items. In case
of these documents are in any foreign language other than english, the same should be trans-
lated in english and self attested copy of such translated documents should be uploaded.
2. A tender specific authorization issued by the Principal mentioning tender reference number and
date and validity of such authorization. If the authorization is issued by the Indian entity of the Foreign
manufacturer, documents indicating the precise relation between the Foreign Manufacturer and the
Indian entity of the foreign manufacturer is to be submitted
Page-17
Note:( The authorization should be pre- dated ( from tender opening date), properly signed and
valid. The validity should corresponds to the delivery period stiputed in Tender Enquiry)
3. Undertaking from the foreign manufacturer that, as a matter of its corporate policy, it
does not quote directly/ market their products to any organization in India. If, subsequently, at
any stage, it is found that it has quoted directly to any organization in India, it shall be liable for
penal action as per provisions of the NIT and the Purchase Manual. Further, if at any stage, it is
found that agency commission has been paid by the manufacturer/ principal without declaring
the agent, the commission will be recovered with interest.
4. Undertaking from the foreign manufacturer that it will accept the responsibility for the satisfactory
execution of orders placed on the authorized agents including warranty/ guarantee obligations.
5. Undertaking from the foreign manufacturer that No agent / Middle man / Liasoning agent or any
entity in any name other than the disclosed authorized Indian Agent is involved in the process of
procurement of goods and services.
( if subsequently at any stage, it is found that it has given a false certificate, it shall be liable for penal
action as per the provisions of CIL Purchase Manual 2020. )
6. Undertaking from the bidder ( authorized dealer ) that he will be responsible for all the contractual
obligations including quality aspects, replacement of part/items and warranty/ guarantee obligations,
and also will be responsible for providing the required after sale service.
7.The business entity of the Indian Agent should be in existence for 3 years on the date of tender
opening, irrespective of date of appointment as Indian Agent. The relevant self attested document in
this regard is to be submitted alongwith the offer.
Note: 1. If the foreign manufacturer participates directly in any tender in India, then the procurement
from the authorized agent shall not be allowed.
2. One manufacturer can authorize only one agent.
3. If Indian Agents submits bid on behalf of a manufacturer, the same agent shall not submit a bid on
behalf of another manufacturer in the same tender for the same item / product.
4. In case Indian Entity of the Foreign Manufacturer submit the offer, they have to furnish the
following documents:
 Scanned self attested copy of the valid manufacturing credentials of the Foreign
Manufacturer, issued by any Govt authority in their country, ISO certification / any
other document issued by statutory bodies etc , to establish that they are the
manufacturer of the offered items. In case of these documents are in any foreign
language other than english, the same should be translated in english and self
attested copy of such translated documents should be uploaded.
 The self attested documents indicating the precise relation between the Foreign
Manufacturer and the Indian entity of the foreign manufacturer.
5.In case of supply of imported stores, the Indian Agent / Indian Entity have to submit the Import
Documents as indicated at cl no: 20(b) and auditors certificate as per clno: 21 of this section.
Note: In case of procurement of commercially off-the- shelf available products( if specifically

declared in the NIT ) , general authorization / dealership / distributorship certificate shall be
considered in place of tender specific authorization.
The bidders who meet the above eligibility criteria as well as the Provenness Criteria as per
SECTION-IV of the NIT are eligible to quote.
6. VALIDITY OF THE OFFER:
Page-18
The offer should be kept valid for 120 days (One Hundred and twenty days) from the date of opening of
tender (part A) as specified. The bid validity for a period shorter than 120 days is liable for rejection.
Withdrawal of tender within the validity period is also not permitted.
During the Tender evaluation process if the extension of the bid validity is required, the same shall be
with mutual consent of buyer and seller
7. Firm Prices: Prices offered should be Firm till delivery, otherwise the offer will be rejected.
Offers with variable prices will be considered as non-responsive.
However, in specific tenders for long term contracts, where Price Variation Clause is considered
necessary, the same shall be applicable, as specified in Section-IV of the NIT.
8.FREE DELIVERY AT SITE

The prices quoted should be for Free Delivery at Site basis only up to the Consignee destination
Stores with breakup of prices e.g. (i) Ex-works Price and (ii) Freight, Insurance, Packing & Forwarding
Charges on lump sum basis. GST will be payable extra, as applicable. The safe arrival of stores at
destination shall be the responsibility of the supplier. In case of transportation of goods by road, it
should be done through registered common carrier only.
In case of imported stores, where the supplier is to arrange importation and paying customs duties etc.
the rates quoted will be in INR on Free Delivery at Site / Consignee basis and the safe arrival of the
consignment from the country of origin to the destination will be of supplier’s responsibility. In such
case, GST will be payable extra as applicable.
Prices are to be quoted in the format of BOQ (Price Bid) Template. If Freight, P&F, Transit insurance or
any other element of total offered price is indicated as “0.00” (NIL), it shall be considered to be included
in the quoted prices.
9(a) Liquidated Damages Clause: In the event of failure to deliver or dispatch the
equipment/stores within the stipulated date/period in accordance with the terms and conditions
and the specifications mentioned in the supply order and in the event of breach of any of the
terms and conditions mentioned in the supply order, the Purchaser shall have the right:
(a) To recover from the successful bidder as agreed liquidated damages, a sum not less than 0.5%
(Half Percent) of the price of any equipment/ stores which the successful tenderer has not been able to
supply as aforesaid for each week or part of a week during which the delivery of such stores may be in
arrears limited to 10% (Ten Percent) of the total contract value, or
(b) To purchase elsewhere after due notice to the successful tenderer on the account and at the risk of
the defaulting supplier, the equipment/stores not supplied or others of similar description without can -
celling the supply order in respect of the consignment not yet due for supply, or
(c) To cancel the supply order or a portion thereof, and if so desired to purchase the equipment/ stores
at the risk and cost of the defaulting supplier and also,
(d) To extend the period of delivery with or without penalty as may be considered fit and proper. The
penalty, if imposed, shall not be more than the agreed liquidated damages referred to in clause (a)
above.
(e) To forfeit the security deposit full or in part.
(f) Whenever under this contract any sum of money is recoverable from and payable by the supplier,
the Purchaser shall be entitled to recover such sum by appropriating in part or in whole by deducting
any sum or which at any time thereafter may become due to the successful tenderer in this or any oth-
er contract. Should this sum be not sufficient to recover the full amount recoverable, the successful
Page-19
tenderer shall pay the Purchaser on demand the remaining balance. The supplier shall not be entitled
to any gain on any such purchase.
For the purpose of the calculation of the liquidated damages amount, the basic Free Delivery at Site
price shall be considered. For direct imports, the CIP price at Final Place of destination will be con -
sidered. Taxes and duties shall not be taken into account for calculation of LD. However, when prices
indicated in the order are inclusive of taxes and duties, such prices will be taken for calculation of LD.
(b) Denial Clause:
In case of extension of delivery period, any increase in statutory duties and/or upward rise in prices due
to price variation clause and/or exchange rate variation clause, is to be borne by the seller during the
extended delivery period, while purchaser reserves its right to get any benefit of downward revisions in
statutory duties, PVC and exchange rate variation clause.
10. 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 o f 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 con-
tract nor shall either party have any claim for damages against the other in respect o f such non- perform-
ance 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, provide 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 peri-
od exceeding 60 days, either p arty may at its option terminate the contract provided also that if the con-
tract 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 C IL / Subsidiary Company, which shall be final, all unused, un damaged and ac-
ceptable materials, bought out components and stores in course o f manufacture in the possession of the
contractor at the time o f such termination or such portion thereof as the purchaser may deem fit except-
ing such materials, bought out components and stores as the contractor may with the concurrence of the
purchaser elect to retain.”
11. Risk Purchase Clause:

In the event of failure of the supplier to deliver or dispatch the stores within the stipulated date/period of
the supply order or in the event of breach of any of the terms and conditions mentioned in the supply
order/ contract, WCL shall have the right to purchase the stores from elsewhere after due notice to the
defaulting supplier at the risk and cost of the defaulting supplier. The cost as per risk purchase exercise
shall be recovered from the Earnest Money Deposit/ Security Deposit/ Performance Security of the
supplier and/or bills submitted by the supplier against the same contract or any other contract pending
in the same Subsidiary Co. and/or in any other Subsidiary Companies / CIL.
Risk Purchase Action shall be initiated as a last resort, if the supplier has failed to deliver despite
having been given adequate and proper notice to discharge its obligations and 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.
Page-20
12. Lowest Price Certificate By submitting the bid, the bidder undertakes that the prices quoted by
them for the offered items are the lowest prices as applicable to any other Organization / Ministry / De-
partment of the Govt, of India or Coal India Ltd. and /or its Subsidiaries or other PSU or any other
private organization and also to submit the certificate as per Annexure 13
13. Price Fall Clause:

“The Bidder undertakes that it has not offered to supply / supplied / is not supplying same or similar
product / systems or sub systems 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 P S U or any other private organization during the currency of the contract and if it is found at
any stage that same or similar product / systems or sub systems was supplied 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 b refunded by
the bidder to buyer, if the contract has already been concluded .
(i) The currency of contract will mean the period till completion of supply.
(ii) The bidder shall have to submit a copy of the last (latest) purchase order for the similar /ordered
item (s) received by them 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, along with the offer.
(iii) It shall be responsibility of the supplier to inform the purchaser of offer to supply / supply of the
similar /ordered item (s) at a lower rate to any Organization / Ministry / Department of the Govt, of Ind
ia or Coal India Ltd. and /or its Subsidiaries or other PSU or any other private organization during the cu
rrency o f the contract.
(iv) The suppier shall submit a certificate along with the bill(s) that it has not offered to supply / supplied
the similar /ordered 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. ”
Price Fall Clause is not applicable for purchase value upto Rs. 1.00 lakh.
14. Bank Guarantee (For security Deposit (SDBG) / Performance Guarantee (PBG):
14.1 (For security Deposit (SDBG) : Successful tenderer will have to submit the Bank Guarantee
for specified value towards the Security deposit . The SDBG shall remain valid up to 3 months after
completion of supplies and acceptance of materials by the consignee in case of supply of Materials
and in case of supply of equipment involving installation and commissioning, 3 months after the supply
and commissioning of all the equipment.
( For Performance Bank Guarantee ) : Successful tenderer will have to submit the Bank Guarantee
for specified value towards the satisfactory performance during the guarantee / warranty period The
BG shall remain valid for a period minimum 3 months over and above the guarantee period and
CAMC (if applicable), from the date of supply / installation and commissioning. The release of the
Performance Bank guarantee(s) after above indicated period, shall be subject to satisfactory
performance of the equipment/ items during the warranty period and fulfillment of contractual
obligations failing which, action for further extension or encashment of PBG, as deemed
suitable shall be taken. The Performance Bank Guarantee shall be released after expiry of
validity period if no claim is pending.
14.2 For arriving at the value for Bank Guarantee to be submitted , the order value will be arrived at
by adding all the Taxes & Duties applicable to the Free Delivery at Site Price of the materials on order
as applicable on the date of opening of price bid.
14.3 The bank guarantee issued by the banker of the firm shall be operational for all purposes at Nag -
pur branch (Maharastra).
Page-21
14.4 The Bank Guarantee issued by the issuing bank on behalf of the supplier in the favour
of Western Coalfields Ltd shall be in paper form as well as issued under “Structured
financial messaging system”. The details of beneficiary for issue of BG under SFMS
platform is furnished below:
Name Western Coalfields Ltd

Area Umrer Area
Bank A/c No. 146505003111
Customer Id of beneficiary 556277372
Bank A/c No. Customer ID of beneficiary Customer ID: 556277372
Bank A/c No.: 146505003111
ICICI Bank Ltd
Plo No. 31
Murali Vatsalya, Wankhede Layout
Girad Road, Umred, 441203
IFSC CODE ICIC0001465
Bank Manager Name & Ph No. Tusharkumar Raut Ph No. 8550990645
BG Advising Message 760COV/767COV via SFMS
Field No. Particulars
7035 ICIC0001465
7037 WCL556277372
The original bank guarantee issued by the issuing bank shall be sent by the issuing bank to the
following address by Registered post / Speed Post.
Staff Officer (MM)
Office of the Area General Manager,
Western Coalfields Ltd ,Umrer Area
P.O.Umrer Project,
Nagpur – 441204 (Maharashtra)
Any extension / amendments to the BG shall be done following the same procedure as above.
For ready reference and updation of BG in WCL portal , it is necessary that BG issuing / amending
bank send the BG advise in the form of message format 760COV /767COV via SFMS ( Structured
Financial Messaging System ) as provided by RBI.
In the event of BG issuing / amending bank not sending the message 760COV /767COV or
committing any error while capturing the details at least in the above mentioned field, BG confirmation
through online portal would not be updated if issuing bank does not adhere to advisory, WCL will not be
responsible
14.5 The above particulars are to be incorporated by the issuing bank properly while issuing BG under
SFMS mode to avoid any problem in future.
Original bank Guarantee issued by the Issuing Bank shall be sent by the Issuing Bank to concerned
Department/Area by Registered/ Speed Post.
The beneficiary's bank/advising bank shall send a copy of advice received under SFMS mode to
concerned Area/HQ through e-mail at their e-mail id and provide print out of the said message from
advising bank with seal and signature, to the Finance Dept, of concerned Area/HQ. For this purpose,
each Area/HQ shall provide their e-mail ID to the Advising/Beneficiary Bank.
On receipt of the original Bank Guarantee from the Issuing Bank, the concerned department of
Area/HQ shall verify the validity/amount of BG and further approach their Associate Finance
Department for an advice of BG confirmation received under SFMS mode.
Page-22
Associate Finance department of the Area/HQ shall forward the advice received under SFMS mode
from Advising bank to the concerned department of Area/HQ at their e-mail ID and also hand over the
print out of the advice with sign and seal of the Advising Bank. The BG advice received under SFMS
mode may be forwarded by Associate Finance department to concerned department suo-moto along
with print out of the advice with sign and seal of the Advising Bank, if the details of concerned Area/
department is known.
For this purpose, the concerned department may provide their e-mail ID to their Finance
department/AFM.
On receipt of Original BG in paper form, the concerned department shall verify the same and if found in
order, forward the same along with the confirmation message to their AFM/HOD(Fin) /Associate
Finance for safe custody.
Concerned AFM/HOD(Fin)/Associate Finance of the HQs/Area/Units shall pass on the BG along with
the confirmation message so forwarded by the concerned department (after acceptance) to their
Associate Finance section for safe custody.
Under SFMS, extension/subsequent amendments to the BG can be done following the same procedure
as stated above.
For encashment, the BG shall be placed directly before the issuing bank at Nagpur Branch.
15.TAXES AND DUTIES APPLICABLE: GST shall be applicable as per provision of GST Act 2017
I) Goods and Services Tax (GST): GST will be payable extra as per prevailing GST Rules. Bidders
have to clearly indicate Total GST applicable [IGST/SGST , CGST and GST (Compensation to
State) Cess] in Price Bid/BOQ.
If the Bidder is exempted from paying GST or Bidder has opted for GST Composition scheme, the
same shall be confirmed with valid documentary evidence.(In case of inter-state supplies
composition scheme shall not apply).
The Bidder shall confirm in the techno-commercial bid that Refund/Credit, if any, obtained shall
be passed on to the buyer.
II) (i) Bidder shall provide details of their GSTIN.

(ii)Western Coalfields Limited (WCL)’s state-wise GSTINs are indicated below :
MAHARASHTRA State GST NO - 27AAACW1578L1ZW
MADHYA PRADESH GST NO - 23AAACW1578L1Z4
III) Input Tax Credit (ITC): Set off against ITC of GST will be considered wherever applicable, while
arriving at Landed Cost vis-à-vis ranking of the bidders.
IV) Input Tax Credit (ITC) can be availed in case of consignment imported directly by WCL where IGST
and GST Compensation Cess (wherever applicable) are paid. Set-off of IGST element and GST
(Compensation to State) Cess (wherever permitted as per GST rules) shall be considered while
arriving at Landed cost vis-à-vis ranking of the bidders. In case of imports, credit of IGST and
GST Compensation Cess shall be availed as per rules on the strength of Bill of Entry filed in the
name of WCL.
The supplier shall be entirely responsible for all taxes, stamp duties and other such levies
imposed outside the Purchaser’s country, including all Bank Charges.
The Purchaser shall bear all taxes, duties etc. within the contractual delivery period on
submission of documentary evidence, levied by the Government or any other agency in the
Purchaser’s country- including all Bank Charges in case of imports.
V) The successful bidders shall have to comply with the terms and conditions of GST Act/ Rules such
as issuance of Tax Invoices, ensure payment of GST and enabling mechanism to facilitate Input
Tax credit by WCL.
In the event of placement of order, supplier shall upload the Tax Invoices/Debit Note/Credit Note
in GST Portal, make payment of GST and file returns in time, as prescribed under GST Act and
Rule to facilitate WCL to avail Input Tax Credit (ITC) as per eligibility under GST. In case WCL is
Page-23
unable to avail ITC or any liability arises to WCL due to failure on the part of supplier to comply
the above provisions , the entire amount including Interest (If any) borne by WCL shall be
recovered from supplier.
Credit of CGST paid on inputs may be used only for paying CGST on the output and the credit of
SGST/UTGST paid on inputs may be used only for paying SGST/UTGST. In other words, the two
streams of input tax credit (ITC) cannot be cross utilized, except in specified circumstances of inter-
State supplies, for payment of IGST.
VI) Suppliers of Goods/Services shall make all out efforts to comply with the provisions under GST Act
and Rules there under and also shall strive to maintain high compliance rating score under GST
during the period of contract with WCL.
VII) E-way Bill : In the event the delivery of goods by the supplier is on Free Delivery at Site basis, the
movement of the goods is to be initiated by the supplier and the supplier is liable to issue e-way
bill, as per GST rules
16. EFT Payment: WCL is making payment of supplier’s bills through Electronic Fund Transfer (EFT).
Bidders are therefore, advised to indicate their Bank Account number and other Bank Details in their
offer.
17. Price Bid terms and conditions:

a) For indigenous bidders, the price shall be quoted on F r e e D e l i v e r y a t S i t e basis with
taxes and duties (GS T etc) to be indicated separately.
b) Conditional discount, including quantity discounts, shall not be considered. If a bidder offers a
rebate unilaterally after closing date and time of bid, it will not be considered for evaluation purpose but
the rebate offered shall be availed of while awarding the contract if the bidder emerges as a lowest
evaluated bidder
18. Method for arriving at the total composite evaluated price (landed cost) :
Pre-despatch Inspection charges and Entry Tax, if applicable shall not be added to the price while
evaluating the landed price for determination of L1 bidder. However same will be reimbursed at actual
by WCL against documentary evidence.
a) For indigenous offer, unless otherwise specified by the bidder, evaluation of bids shall be made
taking the rates of GST as indicated by the bidder in the BOQ.
Please note that if any amount is indicated in the Input Tax credit Column for the items where
ITC is not available to WCL, the same shall be treated as discount for the purpose of place-
ment of order, if the bidder becomes the successful bidder.
b) GST on Services:- The bidder has to indicate GST as applicable against each item towards
Freight(if quoted extra), Insurance(if quoted extra) and Installation & Commissioning Charges, in the
relevant column in BOQ/Price Bid(Total of all). However, the bidder will have to give the break-up of
the Service Charges against Freight, Insurance and Installation & commissioning, when asked for the
break-up of quoted price after completion of the Bidding Process.
c) The evaluation of the Landed Cost(Cost to WCL) for the purpose of determining the L-1 bidder
shall be done as under:
IF Quoted on GST Extra

Basic Price+ P&F (If quoted extra)+ freight (If quoted extra)+Insurance (If quoted extra) + GST
on (Basic/freight/P&F/Ins) as applicable + Installation and commissioning (if applicable & quoted
Extra)+GST on Services –Input Tax credit on GST applicable on offered item– Input Tax credit on
GST on services quoted in given priod = Landed Cost (i.e., Cost to the Company)
Page-24
19.Inspection:
The purchaser or its authorized representative shall have the right to inspect and/or to test the
goods to confirm their conformity with the contract and in case any inspected/tested goods fail to
perform to the specifications, the purchaser may reject them and the supplier shall either replace the
rejected goods/make alterations necessary to meet the specifications free of cost to the purchaser.
The items will be inspected at final destination. However, manufacturers standard test certificates
indicating conformation to the specifications of the order should be submitted along with supplies, if
applicable.
Pre dispatch inspection if applicable shall be indicated in SECTION-IV”.
20.SUBMISSION OF BILLS:
(a) For claiming payment, following documents are to be submitted along with original bills as per terms
of the supply order to the consignee.
Pre-receipted and stamped Invoice (as per GST laws).
Packing list in original list giving details of bill of materials, if applicable. (Invoice should be strictly
as per GST laws 2017)
Consignment note / RR/ LR in original, if applicable.
E Way Bill ( As per GST rules )
Warranty / Guarantee certificate, if applicable.
Manufacturers test certificate, if applicable.
DGMS / BIS / Pre dispatch inspection certificates / any other document, if required as per the
contract.
Any other document as specified in the Order.
(b) In case the supplier supplies the imported stores in INR after importing and paying the customs
duty, the supplier will be required to submit the following import documents to the consignee along with
each supply to ensure authenticity and genuineness of imported materials:
(i) Self attested copy of Principal’s invoice/ packing list along with original.
(ii) Self attested copy of Bill of Lading/ Airway bill.
(iii) Self attested copy of Bill of entry along with original.
(iv) Certificate of county of origin.
(The supplier shall provide clear linkage of items as per order with documents furnished under clause
(i), (ii) and (iii) for acceptance by consignee).
The original documents under (i) and (iii) shall be returned after verification with self-attested
photocopies and making endorsements on originals relating to transaction made.
21 AUDITOR’S CERTIFICATE: In case of imported stores, where the bidder is to arrange

importation and paying customs duties etc and quoted the rates in INR on Free Delivery at Site
basis, shall have to submit an auditors certificate with the bills that Customs Duty has been paid as per
prevailing customs rates and refund, if any, shall be passed on to WCL. By submitting the offer against
the tender, the bidder agrees to compliance of this clause.
22.BANNED OR DELISTED OR DEBARRED OR PUT ON HOLIDAY SUPPLIERS:

The bidder as well as the manufacturer (if bidder is not the manufacturer) will 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 and/or manufacturer has been banned or delisted or
debarred or ‘Put on Holiday’ by any Government or quasi Government agencies or PSU, this fact must
be clearly stated and it may not necessarily be a cause for disqualifying them. If this declaration is not
given, the bid will be rejected as non-responsive.
In the manufacturer is banned or delisted or debarred or ‘Put on Holiday’ in WCL / CIL, the offer
of the Indian Agent (bidder ) quoted on behalf of that manufacturer shall be rejected.
Page-25
23. PURCHASE PREFERENCE:

A)Purchase preference will be applicable to ancillary units of WCL as per existing ancillary policy
enlisted in CIL Purchase Manual 2020 under cl no: 2.8.8. The list of Ancillary Units of WCL is available
in WCL website . Bidders should upload the scanned copies of self attested valid ancillary registration
certificate for the tendered items.
B) Micro and Small Enterprises ( MSEs ) registered with MSEs registered with either District Industries
Centre (DIC) or KVIC or Khadi and Village Industries Board (KVIB) or Coir Board or National Small
Industries Corporation (NSIC) or Directorate of Handicrafts and Handloom or having Udyog Aadhaar
Memorandum and Entrepreneurs Memorandum (EM-II) signed by DIC shall be entitled for Purchase
Preference under “Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012”
(Above referred “Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012” is
applicable for procurement of goods produced and services rendered by MSEs and not for any trading
activities by them ( not applicable for Traders/Distributors/Agents). An MSE Unit will not get any
purchase preference over another MSE Unit.
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 them also.
C. Special provisions for Micro and Small Enterprises (MSEs ) owned by Scheduled Castes or
Scheduled Tribes and Women Entrepreneurs. A MSE would be treated as owned by SC/ ST
entrepreneurs if:
(i) In case of proprietary MSE, proprietor(s) shall be SC/ST.

(ii) In case of partnership MSE, the SC/ ST partner(s) shall be holding at least 51% shares in the unit.
(iii) In case of Public Limited Companies, at least 51% share shall be held by SC/ ST entrepreneurs at
any given point of time.
Bidders should upload the scanned copies of self attested valid document in support of their MSE
Status
D. Methodology for Purchase Preference
1. Purchase preference to the MSEs shall be applicable for the 25% of the tendered quantities only
provided L-1 bidder is not MSE and the participating MSEs quoting price within price band of L1+15%,
accept the L- 1 price. Within this 25% of the tendered quantity, 3% shall be reserved for women owned
MSEs and 4% shall be reserved for MSEs owned by SC/ST. However any Ancillary unit is within
L1+15% price band, then 20% quantity is allowed to Ancillary unit over and above the 25% quantity
reserved for MSEs.
2) In case of more than one such MSE, quoting price within price band of L I+15% and accepts the L- 1
price, the 25% of the tendered quantity shall be distributed equally amongst all such MSEs
3) In case MSEs is the L-1 bidder for an item, order for 100% of the offered quantity shall be placed on
MSEs firm. However, if other participating MSEs Owned by Women / MSEs owned by SC/ ST quoting
price within price band of L I+15% and accepts the L- 1 price, 4% of tendered quantities shall be
procured from MSEs owned by SC or ST entrepreneurs and 3% out of the 25% of the tendered
quantities shall be procured from MSEs owned by Women and the balance quantity shall be placed on
the L1 MSE bidder
4) In case of non-divisible tenders, an MSE quoting in the price band of Ll+15% shall 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 L I by the MSE concerned.
Page-26
5) In case MSEs is the L-1 bidder for an item,it will get the opportunity for 100% quantity. However, if
there are Ancillary Units quoting price within price band of L I+15% and accepts the L- 1 price, then
20% of the tendered quantity shall be distributed equally amongst all such Ancillaries.
6) In case An Ancillary is the L-1 bidder and if there are other participating MSEs quoting price within
price band of L I+15% and accepts the L- 1 price, then 25% of the tendered quantity shall be awarded
to the MSEs
In case more than one MSEs participates in the tender and their prices are within 15% of L- 1 price and
L-1 bidder is an enterprise other than MSEs then 25% of the tendered quantities shall be distributed
proportionately between participating MSEs on their acceptance of L- 1 price.
The distribution of the order quantities amongst the MSE / Non MSE / SC / ST owned MSEs /
Women Owned MSEs / Ancillary Units shall be as per the extant guidelines, considering the
spirit of policy for enhancing the government procurement from MSEs
E) Exclusive Procurement from MSEs:
1) A list of 358 items has been circulated with MSME Act for exclusive procurement from MSE’s.
Procurement of these items shall be reserved for exclusive purchase from MSEs only. Updated
list of items reserved for MSE’s can be viewed from the MSME web-site. A list of the 358 items is
given in Annexure-2 of the CIL Purchase Manual 2020 available in CIL website
2) A list of 14 hand-spun and handwoven textiles (Khadi goods) reserved for exclusive
purchase from Khadi & Village Industries Commission (KVIC). List of all such khadi items is
given in Annexure-1 of the CIL Purchase Manual 2020 available in CIL website
All items of handloom textiles including Barrack Blankets for exclusive purchase from KVIC or notified
handloom units through the Association of Corporations and Apex Societies of Handlooms (ACASH).
The handloom textile items shall be purchased from KVIC to the extent they can supply and the
balance from the handloom units of ACASH, to the extent these units can make supplies.
3. A list of 104 specified medicines shall be procured from Pharma Central Public Sector
Enterprises and their subsidiaries List of all such medicines is given in Annexure-4 of the CIL
Purchase Manual 2020 available in CIL website.
Purchase Preference would be given to Pharma CPSEs as per the latest guidelines / directives
issued by Department of Chemicals & Petrochemicals or any other Department / Ministry of
Govt of India.
F) Other Purchase Preferences.
1. Purchase Preference for Domestically Manufactured Electronic Products : Shall be dealt

as per the guidelines given in the Chapter no: 2.9 of the CIL Purchase Manual 2020,
available in CIL Website and the necessary provisions shall be incorporated in the
specific tender for Electronic Products.
2. Procurement of stationery and consumables from Kendriya Bhandar, NCCF: Wherever

tenders are invited for Procurement of Office Stationery and Office Consumption items,
Kendriya Bhandar/ National Cooperative Consumer Federation are also to be invited to
participate if they are functioning at station. However, no purchase preference is to be given to
them.
G. RELAXATION OF NORMS FOR STARTUPS & MSEs in Public procurement regarding prior
experience–Prior turnover criteria.
Page-27
As per Department of Expenditure, Ministry of Finance OM No. F.20/2/2014/PPD-(Pt) dated 25.07.2016

circulated vide note F. No. 24/2/2013/Fin-l dated 02.08.2016, relaxation of the condition of prior turnover
and prior experience in public procurement has been extended to all Micro and Small Enterprises and
Startups (whether MSE or not) subject to meeting of quality and technical specifications, i.e. must
have the technical capability to deliver the goods and services as per prescribed technical and quality
specifications.
Micro and Small Enterprises (MSEs) registered with District Industries Centers 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 (MoMSME) and MSEs registered under the Udyog Adhar
Memorandum are eligible for claiming relaxation, on submission of self attested copy of valid
document in support of their MSE status
Startups means an entity, incorporated or registered in India not prior to ten years, with annual turnover
not exceeding Rs. 100 crores in any preceding financial year, working towards innovation, development
or improvement of products or processes or services, or if it is a scalable business model with a high
potential of employment generation or wealth creation. Provided that such entity is not formed by
splitting up, or reconstruction of a business already in existence. Provided also that an entity shall
cease to be a startup if its turnover for the previous financial years has exceeded Rs. 100 crores or it
has completed 10 years from the date of incorporation/ registration. In order to avail benefits provided
to Startups, the entity is to be recognized by DPIIT [GSR No. 127(E) dated 19.02.2019 of Gazette of
India]. Self attested copy of the valid Registration with DPIIT shall be submitted alongwith the offer.
Accordingly the Prior experience and turn over criteria is not applicable for startups & MSEs in this
tender in respect of either of the following situations and no further documents regarding
provenness will be required to be submitted by these bidders.
a) If bidders have submitted documents to prove the Startup / MSE status for the tendered item and
submitted the attested copy of the certificate towards quality assurance and capability from some
authority like MSME, NSIC etc.
b) However, If bidders have submitted documents to prove their Startup / MSE status for the tendered
item but without certificate towards quality assurance and capability from some authority like
MSME,NSIC etc.,the tender inviting authority, if needed, may assess the techo commercial capability of
these vendors to manufacture and deliver goods as per the prescribed quality and technical
specification before awarding contract to them. For this purpose, a ‘Proforma for Equipment and Quality
Control’ (as per Annexure- 1) has been enclosed in the tender documents and such MSEs/ Startups
should submit the details of plant & machinery, quality control arrangements, etc., in the above
proforma along with their bids for verification of their technical capability. After opening of bids, the
verification of technical capability may be done by the concerned Technical Department.
If required, a techno-commercial team of the organization may visit the manufacturing unit of the vendor
for quick finalization of tenders.
In case there is deficiency in technical capability of the firm, the same shall be communicated to them
by TIA for improvement in the quality of their product for future tenders and clearly indicate that their
offer cannot be considered for relaxation against the tender in question in order to avoid any future
complications. The issues relating to Technical capability shall be decided by the Head of the Technical
Department.
c) If favorable technical capability reports obtained earlier on such firms for supply of the item in
question as per the required specification is available, these may be considered for granting relaxation
to the criteria of prior experience and prior turnover provided date of such reports are not more than
one year from the date of opening of bids.
Page-28
d) If bidders have submitted documents to prove the Startup/MSE status for the tendered item and their
products are ISI marked/DGMS approved/Proven in CIL or its Subsidiary companies /Proven product of
the ancillary unit of a Subsidiary Company of CIL, they will be required to submit the following
applicable related documents, duly notarized, for relaxation from the criteria of prior experience and
prior turnover:
• a valid BIS Marking License for the quoted items or
• Rate contract issued by CIL/its Subsidiary Companies for the quoted items or
• a valid DGMS Approval certificate for the quoted items or
• Proven Ancillary certificate issued by the Subsidiary Companies for the quoted items.
The document(s)/certificate(s) furnished by the bidders for ISI markings or DGMS approval for any
relaxation should be valid on the date of tender opening and a copy of such document(s) / certificate (s)
valid on the date of supply, duly notarized, must accompany their bill(s).
H. Policy regarding Public Procurement (preference to Local manufacturers as per “Make in

India” order 2017):
Under ‘Make in India’ policy of Government of India, Purchase Preference will be given to eligible
bidders as per Public Procurement (Preference to Make in India), Order 2017 issued vide order No. P-
45021/2/2017-B.E.-II dated 15.06.2017 (subsequently revised vide orders dated 28.05.2018 and
29.05.2019) of Department of Industrial Policy and Promotion, Ministry of Commerce and Industry.
In terms of the above said policy, purchase preference shall be given to local suppliers in all
procurements undertaken by procuring entities in the following manner:
a) In procurement of all goods, services or works in respect of which the estimated value of
procurement is less than INR 50 Lakhs, only local suppliers shall be eligible to bid. However, in
procurement of all goods, services or works, in respect of which the Nodal Ministry / Department has
communicated that there is sufficient local capacity and local competition, only local suppliers shall be
eligible to bid irrespective of purchase value.
Provided that for any particular item, the Nodal Ministry / Department may also prescribe an upper
threshold limit, below which procurement shall be made only from local suppliers.
Further provided that in any particular case of procurement, if the procuring authority is of the view that
the goods, services or works of required quality / specifications etc. may not be available in the country,
or sufficient capacity of competition does not exist domestically and it is necessary to undertake global
competitive bidding, the procuring authority may allow the same after recording reasons. In such cases,
the provisions of sub-paragraph b or c, as the case may be, shall apply.
b)In the procurement of goods or works which are not covered by in the above sub-paragraph (a) and
which are divisible in nature, the following procedure shall be followed:
i. Among all qualified bids, the lowest bid will be termed as L I . If LI is from a local supplier, the
contract for full quantity will be awarded to LI.
ii. If L I bid is not from a local supplier, 50% of the order quantity shall be awarded to LI.
Thereafter, the lowest bidder among the local suppliers, will be invited to match the L I price for
the remaining 50% quantity subject to the local supplier’s quoted price falling within the margin
of purchase preference, and contract for that quantity shall be awarded to such local supplier
subject to matching the L I price. In case such lowest eligible local supplier fails to match the L I
price or accepts less than the offered quantity, the next higher local supplier within the margin of
purchase preference shall be invited to match the L I price for the remaining quantity and so on,
Page-29
and contract shall be awarded accordingly. In case some quantity is still left uncovered on local
suppliers, then such balance quantity may also be ordered on the L I bidder.
c) In procurement of goods not covered by the above sub-paragraph (a) and 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 I . If LI is from a local supplier, the
contract will be awarded to LI.
(ii) If L I is not from a local supplier, the lowest bidder among the local suppliers, will be invited to match
the L I price subject to local supplier’s quoted price falling within the margin of purchase preference,
and the contract shall be awarded to such local supplier subject to matching the L I price.
(iii) In case such lowest eligible local supplier fails to match the LI price, the local supplier with the next
higher bid within the margin of purchase preference shall be invited to match the L I price and so on
and contract shall be awarded accordingly.
In case none of the local suppliers within the margin of purchase preference matches the L I price, then
the contract may be awarded to the LI bidder.
d) The definitions of ‘Local Supplier\ ‘Local Content and ‘Margin of Purchase Preference’ are as
follows:
(i) ‘Local Supplier’ means a supplier or service provider whose product or service offered for
procurement meets the minimum local content of 50% or as prescribed by the competent Ministries /
Departments in pursuance to the Public Procurement (Preference to Make in India) Order.
(ii) “Local Content’ means the amount of value added in India which shall, unless otherwise prescribed
by the Nodal Ministry, be the total value of the item procured (excluding net domestic indirect taxes)
minus the value of imported content in the item (including all customs duties) as a proportion of the total
value, in percent.
(iii) “Margin of Purchase Preference’ means the maximum extent to which the price quoted by a local
supplier may be above the L I for the purpose of purchase preference. The margin of purchase
preference is 20% .
Verification of local content:
(i) The local supplier at the time of tender, bidding or solicitation shall be required to provide self-
certification that the item offered meets the minimum local content and shall give details of the
location(s) at which the local value addition is made.
(ii) In cases of procurement for a value in excess of Rs. 10 crores, the local supplier shall be
required to provide a certificate from the statutory auditor or cost auditor of the company (in the
case of companies) or from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies) giving the percentage of local content.
(iii) CIL/ Subsidiary Companies may constitute committees with internal and external experts for
independent verification of auditor’s/ complaints.
(iv) False declarations will attract banning of business of the bidder or its successor(s) for a
period of upto three years as per provisions of CIL Purchase Manual 2020 under clause-
Page-30
6.13.4 (available in CIL website) along with such other actions as may be permissible under
law.
(v) A local supplier who has been debarred by any procuring entity for violation of above order
shall not be eligible for preference under this Order for procurement by any other procuring
entity for the duration of debarment. The debarment for such other procuring entities shall
take effect prospectively from the date on which it comes to the notice of other procurement
entities.
e) Competent authority to address the complaint relating to implementation of Policy regarding Public
Procurement (preference to “Make in India” order 2017) against the tender shall be Vigilance
department, Western Coalfields Limited, Nagpur.
f) Fees for complaints to implementation of Policy regarding Public Procurement (preference to “Make
in India” order 2017) against the tender is Nil.
In case of MSE bidders who submits Udyog Aadhar Memorandum and claiming benefits as per
public procurement policy of MSE Act 2012, are advised to register their Udyog Aadhar
Memorandum (UAM) on Central Public Procurement Portal (CPPP) .
The bidders who are eligible for purchase preference for being an MSE / Make in India’ bidder /
Domestically Manufactured Electronic Products bidder / Ancillary 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.
24 Short/Excess Supply
Short supply: If the supply falls short of quantity ordered by 5% or less and if the consignee considers
that the balance supply may be waived off, he may at his own discretion waive it off and intimate the
Accounts Department and order placing authority that the supply order may be treated as completed
and authorize refund of security deposit, if any. In such cases, the imposition of any penalty clause for
such short supply will not arise.
Excess Supply: If desired by the supplier, as for example in case of supply of Cables, Beltings etc. in
rational lengths, these may be accepted in excess of the ordered quantity upto a limit of 2% of the total
value of the contract.
25.BUYERS’ RIGHT TO DECIDE THE TENDER:-

WCL reserves the right to reject or accept or withdraw the tender in full or part as the case may be
without assigning reasons thereof.
26. Option Clause :- ( Applicable in WCL Hqrs Tenders for Spares and Consumables other than
Capital Items)
WCL will reserve the right to increase or decrease the ordered quantity by ± 25%. The increase in
quantity shall be at the same rate, terms and conditions. If different rates for specific items of stores or
slab rates are quoted, the supplier shall supply the additional quantity in respect of each specific item
and each slab at the respective rates quoted by them.
With the provision of the Option Clause, coverage for additional quantity upto 25% of offered quantity
shall be made either by:
(a) ordering full 25% quantity at the time of placement of contract;
Page-31
(b) ordering part quantity at the time of placing the contract and the remaining option quantity can be
ordered during the currency of the contract;
(c) ordering option quantity subsequent to placement of contract but during the currency of contract.
WCL also reserves the right to reduce the ordered quantity by ( -)25% of the original ordered quantity or
balance unsupplied quanity, whichever is lower during the currency of the contract.
While exercising the (+) 25% option clause, a reasonable delivery schedule for the enhanced ordered
quantity will be given. While exercising the (-) 25% option clause, a reasonable notice shall be given to
the supplier. However, no consent is required from the bidder.
The Purchaser’s right to vary the ordered quantity by (+) 25% can be exercised at any time, till final
delivery date of the contract even though the quantity ordered initially has been supplied in full before
the last date of Delivery Period. In case delivery date is extended in a contract with (+) 25% Option
Clause either for the full ordered quantity or a part quantity which remained unsupplied on the date of
expiry of the original DP, then during the extended delivery period also, quantity variations can be made
on the total ordered quantities.
Bidders should specifically agree to this option clause while submitting the offers. The procedure for
purchase under Option Clause is indicated at Chapter 8.5 of CIL Purchase Manual 2020, which is
available in CIL website.
27. GENERAL CONDITONS OF THE CONTRACT: Unless otherwise specified above in different
sections of the NIT, General Conditions of the Contract shall also be applicable for this tender and the
resultant contract / order against this tender
28.Deviation:-
Normally No deviations to NIT terms and conditions are allowed. WCL reserves its right to allow minor
deviations, which do not amount to material deviations.
Material deviations, reservations, or omissions which can not be waived are those that:
i) .Affect, in any substantial way, the scope, quality or performance of the goods and related services
specified in the tender document;
ii) Substantially limit the procuring entity’s rights and/or relax the tenderer’s obligations under the
resultant contract, inconsistent with those specified in the tender documents;
iii). If rectified, would unfairly affect the competitive position of other responsive tenderers.
29.Arbitration (Applicable only to the Public Sector Undertaking/CPSEs / Government

Department / Bank / Port Trust bidders only and not to other bidders):-
“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-
1835 dated 22.05.2018.”
30.Provisions of CIL Purchase Manual: :

Provisions of Coal India Purchase Manual – 2020 along with e-procurement guidelines shall be
applicable to this tender. CIL Purchase Manual 2020 is available in the website of CIL
http://www.coalindia.in or WCL http://www.westerncoal.in Latest Govt guidelines /
Govt Circulars / CVC circulars issued if any from time to time shall also be applicable to this tender.
31.Child Labour:
As per Mines Act Child labour is prohibited. As such any bidder, who engages child labour in the
manufacturing process as well as in the Supply Chain, is not allowed to participate in the tender. By
submitting the offer against this tender, Bidder confirms compliance of this clause.
32. General responsibilities of supplier, manufacturer and designer :-
A person who designs, manufactures, imports, provides or transfers machinery, equipment or
substances for use in coal mines, shall -
Page-32
(a) ensure that the machinery, equipment or substances do not entail dangers for the safety
and health of those using them correctly.
(b) Make available:
(i) Information concerning their requirement for the correct installation, maintenance and use
of machinery and equipment and the correct storage and use of substances.
(ii) Information concerning the hazards of machinery and equipment, the dangerous
properties of hazardous substances and physical agents or products; and
(iii) Information on how to eliminate or control risks arising from the identified hazards
associated with the products.
Responsibilities of contractor.
(1) A contractor deployed in a mine for any work shall-
(a) Establish effective ongoing communication and co-ordination between appropriate levels
of supervisors, officials and senior officials of the mine prior to commencing work, which
shall include provisions for identifying hazards and the measures to eliminate and control
risks:
(b) Ensure arrangements for reporting work related injuries and diseases, ill health and
incidents among his workers while performing work in the mine.
(c) Provide relevant workplace safety and health hazards awareness and training to their
workers prior to commencing and as work progresses as necessary; and
(d) Ensure compliance of the provisions of the Act, and the rules and regulations framed
thereunder.
33. On-Line Confirmation of Bids will be Final: Acceptance/confirmation of NIT terms in ON Line
Bid, i.e. as confirmed in Technical cum Commercial Parameter Sheet, will only be
treated as final . No other terms and conditions offered by the bidder in any other form will be
considered.
34. Settlement of Disputes through Court of Law of Competent Jurisdiction: The Courts in whose
territorial jurisdiction the place from where Tenders / contract is being issued is located i.e. Nagpur shall
be competent to deal with any matter arising out of this NIT / resultant purchase Order/Contract .
Therefore any disputes/claims arising out of the NIT with bidders or arising out of the contract entered
into with the suppliers will be subject to the jurisdiction of the Nagpur court of law
35. Termination of the contract for convenience: After placement of contract, there may be some
unforeseen situation compelling the purchaser to cancel the contract. In such a case,
1) . The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in
part, at any time for its convenience. The notice of termination shall specify that termination is for the
Purchaser's convenience, the extent to which performance of the Supplier under the Contract is
terminated, and the date upon which such termination becomes effective.
2). The Goods that are complete and ready for shipment within thirty (30) days of receipt of termination
notice by the supplier, shall be accepted by the Purchaser at the Contract terms and prices. For the
remaining Goods, the Purchaser may elect:
i) To have any portion completed and delivered at the Contract terms and prices; and/or
ii) To cancel the remainder and pay to the Supplier an agreed amount for partially completed
Goods and Services and for materials and parts previously procured by the Supplier.
36. Code of Ethics
36.1 Code of Integrity for Public Procurement (CIPP): WCL as well as bidders, contractors,
suppliers and consultants under contract with CIL or its subsidiaries shall observe the highest standard
of ethics during the procurement and/or execution of such 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;
Page-33
(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 their participation 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.
36.2 Procuring authorities, as well as bidders, suppliers, contractors and consultants, 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.
36.3 Punitive Provisions: A particular violation of code of integrity may span more than one of the
above mentioned unethical practices. Without prejudice to and in addition to the rights of the Procuring
Entity to other penal provisions as per the bid documents or contract, if the Procuring Entity comes to a
conclusion that a (prospective) bidder/supplier, directly or through an agent, has violated this code of
integrity in competing for the contract or in executing a contract, the Procuring Entity may take
appropriate measures including one or more of the following:
i) if his bids are under consideration in any procurement
a) Forfeiture or encashment of bid security;
b) Calling off of any pre-contract negotiations; and
c) Rejection and exclusion of the bidder from the procurement process.
ii) if a contract has already been awarded
a) Cancellation of the relevant contract and recovery of compensation for loss incurred by the Procuring
Entity;
b) Forfeiture or encashment of any other security or bond relating to the procurement;
c) Recovery of payments including advance payments, if any, made by the Procuring Entity along with
interest thereon at the prevailing rate. The due amount may be recovered from the bills of the supplier
against any existing/future contract(s) with CIL and/or any of its subsidiaries.
iii) Provisions in addition to above:
a) Removal from the list of registered suppliers and banning/debarment of the bidder from participation
in future procurements of the Procuring Entity for a period not less than one year;
b) In case of anti-competitive practices, information for further processing may be filed under the
signature of a General Manager level officer, with the Competition Commission of India; and
Page-34
c) Initiation of suitable disciplinary or criminal proceedings against any individual or staff found
responsible.
For & on Behalf of WCL
STAFF OFFICER (MM),

UMRER AREA
Page-35
SECTION IV
SPECIAL CONDITIONS OF NIT

The following Special Conditions of the NIT shall suppliment the General Conditions of the Contract.
Whenever there is a conflict, the provisions contained herein shall prevail over those in the General
Conditions of the Contract
(Bidders should read carefully before submitting the online tenders )
1. PROVENNESS CRITERIA: The tenderer shall be considered proven provided the
tendered / higher size of Fluid coupling have been supplied during the last 5 years
from the date of tender opening against orders of CIL and its subsidiaries, other PSUs,
Government Departments and Private Organizations and their performance has been
found satisfactory.
Bidders have to submit self attested copies of such regular orders along with its satisfactory performance
report from the user for a period of 12 months from the date of supply. Alternative to submission of
performance report from the user ,Bidders may submit self certificate in the following format:
““The items covered in the Purchase Order(s)/Rate contract(s) copies enclosed with our offer have been fully
executed and have performed satisfactorily as per the provisions of respective Purchase Order(s)/Rate
Contract(s) and all the complaints/claim(s) lodged by the purchaser, if any , have been attended to and no
complaints/claims (s) are pending”.
Status of proveness would be evaluated and decided by HODs of concerned technical
departments. Trial supply orders shall not be considered for evaluating proveness
criteria.
NOTE: FOR START UP & MICRO &SMALL ENTERPRISES, RELAXATION NORMS AS PER THE CL
NO: 23(G) OF SECTION III' OF THE NIT SHALL APPLY AND THE BIDDER OF THIS CATEGORY
SHALL COMPLY WITH ALL THE RULES AND SUBMIT THE REQUIRED DOCUMENTS AS
INDICATED.
2. Guarantee / Warranty: The tenderer shall be fully responsible for the manufacturers warranty in
respect of proper design,quality , workmanship of the materials and their proper fitment for a period
of 12 months from the date of fitment or 18 months from the date of receipt and acceptance of
materials whichever is earlier. In case these items supplied are found to be defective or not genuine
and not to the specification, supplier shall replace all such items free of cost immediately.
In case of warranty claim, the supplier shall without charge, repair or rectify defective goods or to
replace such goods with similar goods free from defect. Any goods repaired or replaced by the
supplier shall be delivered at the buyers premises without costs to the buyer.
3. Fitment Guarantee: Supplier shall stand guarantee that the supplied items will fit and function
properly on the machine without any modification, otherwise the supplier shall replace the items at
free of cost.
4. Identification marks: The manufacturer should mark their identification marks or Logo on non wearable
surface of the product.
5. Performance Bank Guarantee:- Successful tenderer will have to submit the Bank Guarantee for
specified value towards the satisfactory performance during the guarantee / warranty period The BG
shall remain valid for a period minimum 3 months over and above the guarantee period and CAMC (if
applicable), from the date of supply / installation and commissioning. The release of the Performance
Bank guarantee(s) after above indicated period, shall be subject to satisfactory performance of the
equipment/ items during the warranty period and fulfilment of contractual obligations failing which,
action for further extension or encashment of PBG, as deemed suitable shall be taken. The
Performance Bank Guarantee shall be released after expiry of validity period if no claim is pending.
Page-36
6.DELIVERY SCHEDULE: The delivery shall be completed within 30 days from the date of issue of
supply order. Delivery schedule shall be reckoned from 7th day from the date of order
No material to be supplied without delivery extension. Request for extension of delivery period to be
made within the schedule delivery period. Even if the materials are unloaded at the Stores, the same
shall be at the risk and cost of the supplier and shall not be accepted unless the supplier has
obtained the extension of delivery period.
Grace Period : A grace period of 25% of original delivery period or 21 days, whichever is earlier, unless
specifically disallowed will be applicable.
Where supplies are made within the grace period, there is no necessity for any extension in delivery period
and the paying authorities shall make payment without any amendment to the contract delivery period. No
liquidated damages are leviable in respect of supplies made within the grace period. The extra expenditure,
the purchaser may have to incur on account of increase/fresh imposition of GST/CST/VAT, Excise/Customs
Duty etc. which takes place within the above grace period will also not be recoverable from the suppliers.
The grace period is allowed as a matter of grace and is not intended to operate as extension of the delivery
period and the same will be available only for deliveries and not for offering stores for inspection ( in cases of
pre- dispatch inspections) which should be made within the original delivery period or the re-fixed date of
delivery.
If the stores are tendered for pre-dispatch inspection within the original delivery period stipulated in the
contract and the firm delivers the stores within the grace period, the purchaser is bound to accept the stores
even though the inspection was completed after the delivery date.
The grace period will only apply to the original contract delivery period/refixed delivery period and will not be
applicable once an extension of delivery has been granted.
In case of scheduled delivery period, grace period shall be limited to 25% of original delivery period
or 21 days, whichever is earlier, irrespective of delay in particular phase of delivery
07. CONSIGNEE : Depot Officer, Regional Stores,WCL Umrer Area , P.O. _ Umrer Project , Distt:- Nagpur,
M.S. :- 441204 , Telephone :- 07116-247181 GSTIN no: 27AAACW1578L1ZW.
08. Payment Terms: 100% Payment shall be released within 21 days after receipt and acceptance of the
goods at the consignee’s end or submission of bills by the supplier along with all requisite documents as per
provisions of Purchase order/ contract, whichever is later.
Note:
As per RBI guidelines, ECS mandate in RBI’s format has to be submitted by the bidders in the bid
document. The Format is available as Annexure 7
09. PAYING AUTHORITY : Area Finance Manager, WCL Umrer Area, P.O. _ Umrer Project , Distt:-
Nagpur, M.S. :- 441204
10. INSPECTION : Final Inspection of the consignment shall be carried out at the destination stores, which
will be arranged by the consignee on receipt of stores. WCL reserves the right to reject the goods which do
not confirm to the specifications.
11. Pre-contract Integrity Pact: ( If applicable ) Names, Full Address, Phone no and email Id of both
the Independent External Monitors shall be indicated.of the Not Applicable for this tender
12. Input Tax Credit on GST :WCL shall avail Input Tax Credit against GST
13. List of Documents to be submitted by the bidders
a) Documents in support of Eligibility Criteria as per clause no 5 of Section III of NIT
b) Document in support of Provenness Criteria as per clause 1 of Section IV
c) Document for claiming relaxation being a Startup / MSE as per clause 23 G of Section IV if
applicable
d) Documents towards claim for exemption of EMD/ Security Deposit, if applicable
e) GSTIN registration certificate
f) Declaration certificate as per Annexure 6 of NIT
Page-37
g) Bank Mandate Form as per annexure 7 of NIT

h) BANNED OR DELISTED OR DEBARRED OR PUT ON HOLIDAY SUPPLIERS DECLARATION as
per Annexure of NIT (Note: In case of Dealers ,Annexure 8 to be submitted both from the
Manufacturer and Dealer)
i) LOWEST PRICE CERTIFICATE as per Annexure 13 of NIT
j) Any other document required as per technical specification (Section VI ) and as mentioned in NIT
NOTE:-No shortfall documents shall be asked for tenders valuing upto Rs. 20.00 lakhs.
14. Contact Person:

For Technical matters: Staff Officer(E&M),Umrer area
For Commercial Matters: Staff Officer(MM),Umrer area
However, any clarifications in this tender shall be sought through e-tendering portal only, within the
stipulated time.
For & on Behalf of WCL
Staff Officer (MM),

Umrer Area
Page-38
SECTION – V
SCHEDULE OF REQUIREMENTS
SL NOITEM CODE DESCRIPTION UOM QTY.
1 22826010082 FLUID COUPLING TYPE FCU 17.75 COMPLETE NOS. 01
SECTION -VI
TECHNICAL SPECIFICATIONS
FLUID COUPLING as per Drawing No. FC/UCHP-1
Motor RPM : 1450

Size: 17.75
KW: 120
Different dimensions as per enclosed Drawing
A = 502mm,C= 85mm, D=76mm, E: 354mm
Filled weight = 106Kg, GD2-PR1 = 6.4Kg-m2 (Moment of inertia)
Oil quantity: 17 ltr.
Page-39
Page-40
SECTION – VII
STANDARD FORMATS
ANNEXURE- 1 - PROFORMA FOR EQUIPMENT AND QUALITY CONTROL
ANNEXURE – 2 - Security Deposit Bank Guarantee Format
ANNEXURE – 3 - Performance Bank Guarantee Format
ANNEXURE – 4 - General Conditions of Contract (GCC)
ANNEXURE – 5 Pre-Contract Integrity Pact
ANNEXURE – 6 DECLARATION CERTIFICATE Format ( mandatory )
ANNEXURE – 7 Bank Mandate Format ( mandatory )
ANNEXURE – 8 BANNED OR DELISTED OR DEBARRED OR PUT ON HOLIDAY SUPPLIERS
DECLARATION Format ( mandatory )
ANNEXURE - 9 FORMAT FOR AUTHORIZATION TO BE SUBMITTED BY THE INDIAN AGENTS

OF INDIGENOUS MANUFACTURERS:
ANNEXURE – 10 FORMAT FOR AUTHORIZATION TO BE SUBMITTED BY THE INDIAN AGENTS
OF FOREIGN MANUFACTURERS:
ANNEXURE – 11 UNDERTAKING TO BE SUBMITTED BY THE INDIAN AGENTS OF INDIGENOUS
MANUFACTUERS / FOREIGN MANUFACTURERS:
ANNEXURE – 12 - Format for Affidavit of Self Certification regarding Domestic Value Addition in
an Electronic Product.
ANNEXURE – 13 Lowest Price Certificate ( mandatory )
Page-41
ANNEXURE- 1
PROFORMA FOR EQUIPMENT AND QUALITY CONTROL
( To be submitted by the Startups / MSE firms who claim the relaxation of the prior turnover and prior experience criteria, as per cl no: 23G
of the NIT )
Reference : CIL/Subsidiary Co.______________________Tender No.__________________
Date_________________________for supply of____________________________________________
1. Name and Address of the Firm

2. (a) Telephone No. office/factory/works
(b) Fax No. / E-mail ID
3. Location of manufacturing works/factories owned by the firm (documentary evidence of ownership must be produced).
4. Brief description of the factory (i.e. area covered accommodation, Department into which it is divided, laboratory etc.)
5. Details of plant and machinery erected and functioning in each department (monographs and description pamphlets) be supplied if
available.
6. Whether the process of manufacture in the factory is carried out with the aid of power or without it.
7. Details and stocks of raw materials held.
8. Production capacity of items quoted for with the existing plants and machinery
(a) Normal
(b) Maximum
9. Details of arrangements for quality control products such as laboratories etc.
10. (a) Details of technical supervisory staff in-charge of production and quality control.
(b) Skilled labour employed.
(c) Unskilled labour employed
(d) Maximum number of workers (skilled and unskilled) employed on any day during 18 months preceding the date of application.
11. Whether stores were tested to any standard specification, if so, copies of original test certificate should be submitted in duplicate.
(Signature of Tenderer)
NB: Details against si nos. 5 to 11 inclusive need be restricted to the extent they pertain to the items under reference.
Page-42
ANNEXURE - 2
Security Deposit Bank Guarantee Format
Re : Bank Guarantee in respect of Agreement dated...............Day of.......20...................between.................................(Name of Purchaser

Company) and............(Name of Supplier Company) Messers .................................. a Company / Firm having its office at No.
................................................... hereinafter called the Contractor has entered into an agreement dated...................(hereinafter called ‘the said
agreement’) with..................................(Name of the Purchaser Company) hereinafter called (‘the Company’) to
supply...................stores/materials amounting to Rs...............on the terms and conditions contained in the said agreement.
It has been agreed that ...................................(..........percent) payment of the value of the stores/materials will be made to the Contractor in
terms of the said agreement on the contractors furnishing to the company a bank guarantee for the sum of Rs............................as security for
due repayment of the said sum in terms of the said agreement, and also interest as therein provided.
The..................... (Name of the Bank) having its Office at...............................has at the request of the Contractor agreed to give the guarantee
as hereinafter contained.
We ......................................... (Name of the Bank) (hereinafter called 'the Bank’) do hereby unconditionally agree with the Company that if
the Contractor shall in any way fail to observe or perform the terms and condition of the said agreement regarding repayment of the said
sum of Rs...............................or any of them including the term for payment of interest for delay in deliveries or shall commit any breach of its
obligations thereunder, the Bank shall on demand and without any objection or demur pay to the Company the said sum of Rs........... or such
portion as shall then remain unpaid with interest without requiring the company to have recourse to any legal remedy that may be available
to it to compel the Bank to pay the same, or calling on the company to compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the company and as regards the amount payable by the
Bank under this guarantee. The Bank shall not be entitled to withhold, payment on the ground that the contractor has disputed its liability to
pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between the Company and
the contractor regarding the claim.
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 for the 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 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 matter or 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 Guarantee is operational for all purposes at Nagpur Branch, Maharashtra (Address & Branch Code ----------- )
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

Area Umrer Area
Bank A/c No. 146505003111
Bank A/c No.: 146505003111
ICICI Bank Ltd
Plo No. 31
Page-43

7035 ICIC0001465
7037 WCL556277372
Dated this..................Day of........................20...
Place
Signature of the authorized person

For and on behalf of the Bank
Page-44
ANNEXURE - 3
Performance Bank Guarantee Format
Re : Bank Guarantee in respect of Agreement dated...............Day of.......20...................between.................................(Name of Purchaser

Company) and............(Name of Supplier Company) Messers ................................. a Company / Firm having its office at
No. ................................................... hereinafter called the Contractor has entered into an agreement dated ...................(hereinafter called ‘the
said agreement’) with..................................(Name of the Purchaser Company) hereinafter called (‘the Company’) to
supply...................stores/materials amounting to Rs...............on the terms and conditions contained in the said agreement.
It has been agreed that ...................................(..........percent) payment of the value of the stores/materials will be made to the Contractor in
terms of the said agreement on the contractors furnishing to the company a bank guarantee for the sum of Rs............................as security for
due repayment of the said sum in terms of the said agreement, and also interest as therein provided.
The..................... (Name of the Bank) having its Office at...............................has at the request of the Contractor agreed to give the guarantee
as hereinafter contained.
We ......................................... (Name of the Bank) (hereinafter called 'the Bank’) do hereby unconditionally agree with the Company that if
the Contractor shall in any way fail to observe or perform the terms and condition of the said agreement regarding repayment of the said
sum of Rs...............................or any of them including the term for payment of interest for delay in deliveries or shall commit any breach of its
obligations thereunder, the Bank shall on demand and without any objection or demur pay to the Company the said sum of Rs........... or such
portion as shall then remain unpaid with interest without requiring the company to have recourse to any legal remedy that may be available
to it to compel the Bank to pay the same, or calling on the company to compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the company and as regards the amount payable by the
Bank under this guarantee. The Bank shall not be entitled to withhold, payment on the ground that the contractor has disputed its liability to
pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between the Company and
the contractor regarding the claim.
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 for the 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 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 matter or 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 Guarantee is operational for all purposes at Nagpur Branch, Maharashtra ( Address & Branch Code ----------- )
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

Area Umrer Area
Bank A/c No. 146505003111
Bank A/c No.: 146505003111
ICICI Bank Ltd
Plo No. 31
Page-45

7035 ICIC0001465
7037 WCL556277372
Dated this..................Day of........................20...

Place
Signature of the authorized person
For and on behalf of the Bank
Page-46
ANNEXURE - 4
General Conditions of Contract (GCC)
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 Supplier 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 Supplier under the Contract for the full and proper performance of its contractual
obligations;
c) “Goods” means all of the equipment, plant, machinery, and/or other materials which the Supplier is required to supply to the Purchaser
under the Contract;
d) “Services” means those Services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental
Services, such as installation, commissioning, provision of technical assistance, training and other such obligations of the Supplier covered
under the Contract;
e) “GCC” means the Conditions of Contract contained in this section;
f) “SCC” means the Special Conditions of Contract;
g) “Purchaser” means the organisation purchasing goods and services, i.e., Coal India Limited or its subsidiaries or
areas falling under various subsidiaries of Coal India Limited;
h) “Purchaser’s country” is India;
i) “Supplier/Contractor” means the individual, firm or company with whom the contract has been concluded for
supplying the Goods and Services under the Contract. The Supplier/Contractor shall be deemed to include its
successors (approved by the purchaser), representatives, heirs, executors, administrators and permitted;
j) “CIL” means Coal India Limited or the Subsidiary Company of CIL or areas falling under various subsidiaries of
CIL where Goods are deployed/ used;
k) “Year” means the Calendar Year.
l) “Chairman” means the Chairman of Coal India Limited.
m) “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 Mahanadi Coalfields Limited.
n) “Drawing” means the drawing and plans specified in or annexed to the schedule or specifications.
o) “Inspector” means any person nominated by or on behalf of the purchaser to inspect supplies, stores or work
under the contract or his duly authorized agent.
p) “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.
q) “Materials” shall mean anything used in the manufacture or fabrication of the stores.
r) “Stores” means the goods specified in the Supply Order or schedule which the supplier/contractor has agreed to supply under contract.
s) “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.
t) “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.
u) Words denoting the persons shall include any company or association or body of individuals whether
incorporated or not.
v) Words in singular include the plural and vice-versa.
w) Words denoting the masculine gender shall be taken to include the feminine gender.
x) “Writing” shall include any manuscript, typewritten or printed statement under or over signature or seal as the
case may be.
y) “Unit” and “Quantity” means the unit and quantity specified in the schedule.
z) “Purchase Order” or “Supply Order” or “Order” or “Contract” means an order for supply of stores and includes
an order for performance. The terms “Supply Order”, “Purchase Order”, “Order” and “Contract” are
interchangeable.
aa) “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 standardising 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.
bb) 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, as amended, as the case may be.
2. Application
These Conditions shall apply to the extent that they are not superseded by provisions in other parts of the
Contract.
3. Standards
Page-47
The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications.
Such standards shall be the latest issued by the concerned institution.
4. Use of Contract Documents and Information
4.1. The Supplier shall not, without the Purchaser's prior written consent, disclose the Contract, or any provision
thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the
Purchaser in connection therewith, to any person other than a person employed by the Supplier in the
performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall
extend only so far as may be necessary for purposes of such performance.
4.2. The Supplier shall not, without the Purchaser's prior written consent, make use of any document or
information enumerated in sub-clause 4.1 above, except for purposes of performing the Contract.
4.3. Any document, other than the Contract itself, enumerated in sub-clause 4.1 above shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the Supplier's performance under the Contract if so required by the Purchaser.
5. Patent Rights
The Supplier shall indemnity the Purchaser against all third-party claims of infringement of patent, trademark or industrial design rights
arising from use of the Goods or any part thereof in the Purchaser's country.
6. Security Deposit
6.1. The successful tenderers will have to submit Security Deposit for the 10% value of the total landed value of the contract including all
taxes, duties and other costs and charges, without considering Input Tax Credit.
6.2. The Security Deposit shall be in the form of a Bank Demand Draft or in the form of a Bank Guarantee in the prescribed format from a
RBI Scheduled Bank in purchaser’s country (on a non-judicial stamp paper) within 15 days from date of notification of award or placement
of order.
6.3. The Security Deposit shall be in the same currency(ies) in which contract is to be signed/ issued. In case of multi-currency contract,
separate Security Deposit Bank Guarantee (SDBG) in respective currency for required value as above shall be submitted.
6.4. In case of equipment, SDBG shall not be individual equipment wise. However, multiple Bank Guarantees for Security Deposit shall be
permissible provided value of all the SDBGs totals to 10% of the contract value, and all are submitted simultaneously within the specified
time schedule and all of them are in the same prescribed format of SDBG without linking to any particular equipment.
6.5. The SDBG shall remain valid up to 3 months after completion of supplies and acceptance of materials by the consignee in case of supply
contracts and in case of contracts for equipment involving installation and commissioning, 3 months after the supply and commissioning of
all the equipment covered in the contract.
6.6. If the successful tenderer fails to deposit the security deposit within 15 (fifteen) days from date of notification of award/ placement of
order, another opportunity may be given to them for submission of Security Deposit within next 15 days. If the successful tenderer still fails
to deposit the security deposit within the extended period but executes the supplies within scheduled delivery period, the submission of
Security Deposit may be waived, as the purpose of submission of SD is fulfilled.
If the Supplier fails to deposit the SD within the extended period and no supplies are made, the order shall be cancelled and the case shall be
processed to order elsewhere at firm’s risk and cost. Moreover, the firm’s performance is to be kept recorded for future dealings with them.
Further, if during execution of the contract, the firm fails to extend the Bank Guarantee for Security Deposit, suitably as required, the same
shall be recorded as unsatisfactory performance for future dealings apart from taking any other penal action as may be deemed fit by CIL.
6.7. In cases where the successful tenderer did not submit the security deposit even within the extended period for SD submission but has
supplied the materials either in full or in part after the extended period for SD submission, the SD may be deducted from the first bill or in
case of insufficient amount from subsequent bill(s) of the supplier till the full SD amount is deducted. Further, a penalty equivalent to 0.5%
(half percent) of SD amount for delay of each week or part thereof (period of delay is to be calculated from the 31st day from the date of
notification of award/placement of order to the date of receipt of full SD/deduction of full SD) shall be levied subject to a maximum of 10%
of the contract value.
6.8. Security Deposit will be released with the approval of HOD of MM Department/ Area GM within 30 days after completion of supplies
and acceptance of material by the consignee in case of supply contractor after successful commissioning and on receipt of confirmation of
Performance Bank Guarantee(s) for all the equipment covered in the contract in case of contracts for equipment and all those items/ goods
involving installation and commissioning and PBG.
6.9. Security Deposit may be converted into Performance Bank Guarantee (PBG) wherever PBG is required at the option of the supplier. At
the time of conversion of security money into PBG, it should be ensured that the amount of PBG should not be less than 10% of landed value
of order. Wherever Security Deposit is converted into PBG, the operation of such SDBG/ Performance BG shall be guided by Performance
Bank Guarantee Clause.
6.10. All Central/State Government Organization/PSUs shall be exempted from submission of Security Deposit. OEM/OES shall also be
exempted from submission of Security Deposit in case of procurement of Spare Parts for equipment against Single Tender
Enquiry/Open/Limited Tenders.
6.11. Submission of Security Deposit is exempted for the contracts having value upto Rs.2 lakhs.
6.12. The SDBG will be submitted Through Structured Financial Management System (SFMS).
7. Performance Bank Guarantee
7.1. Wherever applicable, the successful bidder shall be required to furnish a Performance Guarantee equivalent to 10% value of the total
landed value of the contract including all taxes, duties and other costs and charges, without considering Input Tax Credit.
7.2. The Performance Guarantee shall be in the form of a Bank Guarantee issued by a RBI scheduled bank in India in the prescribed format
on a non-judicial stamp paper.
7.3. The Performance Bank Guarantee (PBG) shall be in the same currency (ies) in which contract has been signed. In case of multi-currency
contract, separate PBG in respective currency for required value shall be submitted.
7.4. If the contract is for procurement of equipment, the PBG (s) may be submitted equipment wise also. For this purpose, the value of each
equipment will be worked out by dividing the total value of contract for a particular item of NIT, worked out as per provisions contained in
clause-7 above, by the number of equipment ordered for that particular item of the NIT.
7.5. The PBG (s) shall remain valid till 3 months after the completion of warranty period.
7.6. The PBG shall be submitted sufficiently in advance (say 3-4 weeks) to enable its verification from the issuing bank, before submission of
the invoice for 80% payment of the particular goods/ equipment(s).
Page-48
7.7. The release of the Performance Bank guarantee(s) after above indicated period, shall be subject to satisfactory performance of the
equipment/ items during the warranty period and fulfillment of contractual obligations failing which, action for further extension or
encashment of PBG, as deemed suitable shall be taken. The Performance Bank Guarantee shall be released after expiry of validity period if
no claim is pending, with the approval of the concerned HOD (MM)/ Area GM.
7.8. In case of procurement of equipment, if the successful tenderer which does not have the After Sales Service Support facilities in India like
Depot/ Warehouse for supply of spare parts, Workshop facilities for servicing and repair of assemblies, sub-assemblies and equipment,
availability of trained technical manpower etc., training facilities for providing training to CIL’s personnel, wherever required, additional
Performance Bank Guarantee for the 30% value of the total landed value of the contract including all taxes, duties and other costs and
charges shall have to be submitted. This 30% PBG will be released after establishment of After Sales Service Support facilities in India
subject to confirmation of the same by concerned Head of Technical Department. However, the supplier shall have to submit PBG for 10% of
the total contract value to be kept valid for the remaining period of the contract plus 3 months processing period before release of 30% PBG.
This 10% PBG will be released after satisfactory performance of all equipment/ items and fulfillment of contractual obligations including
warranty obligations.
7.9. The PBG will be submitted through Structured Financial Management System (SFMS).
8. Inspections and Tests

8.1. The Purchaser or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract
Specifications at no extra cost to the Purchaser. Generally, the Goods shall be of the best quality and workmanship and comply with the
contract or supply order in all respect. The Technical Specifications shall specify what inspections and tests the Purchaser requires and where
they are to be conducted. The Purchaser shall notify the Supplier in writing, of the identity of the inspectors). The Purchaser reserves the
right, at the Purchaser’s cost, to depute its own inspectors) and/or to engage any other third party inspecting agency, to conduct inspections
and tests pursuant to the Contract. Sufficient time, atleast 30 days in advance will be given for inspection.
8.2. The inspections and tests may be conducted on the premises of the Supplier, at point of delivery and/or at the Goods' final destination. If
conducted on the premises of the Supplier, all reasonable facilities and assistance, including access to drawings and production data, shall be
furnished to the inspectors at no charge to the Purchaser. However, any drawing and proprietary information provided for this purpose shall
remain in control of the supplier. The inspector shall have full and free access at the supplier’s works for the purpose of carrying out
inspection. The Inspector shall have the right to put all the stores or materials forming part of the same or any part thereof to such tests as he
may think fit and proper. The supplier shall not be entitled to object, on any ground whatsoever, to the method of testing adopted by the
Inspector. Unless otherwise provided for in the contract, all stores/materials expended in test will be to supplier’s account. In the event of
Goods found acceptable by the Inspector during inspection, he shall furnish the supplier with necessary copies of Inspection notes for
attaching to the supplier’s bill.
8.3. Should any inspected or tested Goods fail to conform to the Specifications, including acceptance tests and periodic tests to verify
guaranteed performance, the Purchaser may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations
necessary to meet Specification requirements free of cost to the Purchaser within thirty days of such rejection. Replaced or altered goods
shall be subjected to repeated inspection or tests to demonstrate conformity with the Specifications. In the event that replacement or
alteration is not done within thirty day period as aforesaid, or, replaced or altered goods fail to demonstrate conformity with the
Specifications in repeated inspections or tests as aforesaid, the Purchaser reserves the right to terminate the Contract in part or in whole and
the Supplier shall repay forthwith to the Purchaser all monies paid including all costs incurred in the inspection and tests, in respect of
Goods and Services associated therewith, for which the termination is applicable and, subsequently remove the same from the Purchaser’s
Site at the Supplier’s cost.
8.4. Any Goods rejected at a place other than the premises of the supplier, shall be removed by the supplier within 14 days of the date of
receipt of intimation of such rejection. The Inspector may call upon the supplier to remove what he considers to be dangerous, infected or
perishable Goods, within 48 hours of the receipt of such intimation. The rejected stores shall under all circumstances lie at the risk of the
supplier from the moment of rejection and if such stores are not removed by the supplier within the above mentioned period, the
Inspector/Purchaser may either return the same to the supplier at the supplier’s risk and cost (a public tariff rate) by such mode of transport
as the Purchaser or Inspector may select or dispose of such stores at the supplier’s risk on his account and retain in such portion of the
proceeds as may be necessary to cover any expense incurred in connection with such disposal. The purchaser shall also be entitled to recover
handling and storage charges for the period during which the rejected stores are not removed.
8.5. The Purchaser's right to inspect, test and where necessary, reject the Goods after the Goods' arrival in the Purchaser's country shall in
no way be limited or waived by reason of the Goods having previously been inspected, tested and passed by the Purchaser or its
representative prior to the Goods' shipment from the Supplier’s premises.
8.6. Nothing in this clause shall in any way relieve the Supplier of any warranty or other obligations under this Contract.
9. Packing and Marking

9.1. The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final
destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and
exposure to extreme temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall take into
consideration, where appropriate, the remoteness of the Goods' final destination and the absence of heavy handling facilities at all points in
transit.
9.2. All packing cases, containers, packing and other similar materials shall be supplied free by the Supplier and these shall not be returned
unless otherwise specified in the Contract/Purchase order.
9.3. The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall
be expressly provided for in the Contract, including additional requirements, if any, specified in the contract and in any subsequent
instructions ordered by the Purchaser. Packages will be stamped with identification marks both outside the packages as well as on the
contents inside. Packages containing articles liable to be broken by rough handling like glass or machinery made of cast iron will be marked
with cautionary works like ‘Fragile’ ‘Handle with care’.
9.4. The marking of the Goods must comply with the requirements of the law relating to Merchandise Mark, in force in India.
9.5. Packing instructions: The Supplier will be required to make separate packages for each consignee. Each package will be marked on
three sides with proper paint with the following:
i. Project;
ii. Contract No;
iii. Country of origin of Goods;
iv. Supplier’s name;
Page-49
v. Packing list Reference Number;

vi. The gross weight, net weignt and cubic measurement;
vii. Consignee Name and Address;
9.6. A complete list of contents in each package called the packing list will be prepared and one copy of the packing list shall be inserted
inside the package.
10. Delivery and Documents
10.1. The delivery period stipulated in the Contract/Purchase Order shall be deemed to be the essence of the contract and delivery of the
Goods must be completed within the specified period.
10.2. Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the Schedule of Requirements. The
delivery of Goods shall be deemed to take place on delivery of the Goods in accordance with the terms of the contract after approval of
Goods by the Inspector.
10.3. For purposes of the Contract, “EXW”, “FOB”, “FCA”, ‘CFR”, “CIF”, “CIP” and other trade terms used to describe the obligations of
the Parties shall have the meanings assigned to them by the prevailing edition of Incoterms on the date of tender opening, published
by the International Chamber of Commerce, Paris.
10.4. The details of shipping documents to be furnished by the Supplier are specified below:
(a) For Imported Goods:
Within forty eight (48) hours of shipment, the Supplier shall notify the Purchaser, Port Consignee and Ultimate
Consignee by fax and email, full details of the shipment including Contract number, description of Goods,
quantity, the vessel, the bill of lading number and date, port of loading, date of shipment, port of discharge, etc.
The Supplier shall deliver by express courier service the following documents to the Purchaser, with a copy to the
Port Consignee and Ultimate Consignee:
i. Supplier's shipping invoice showing Contract Number, Goods description, quantity, unit price, total amount and GST number of ultimate
consignee;
ii. Clean on-board bill of lading indicating the Importer-Exporter Code (IEC) of the concerned Subsidiary Company of CIL and non-
negotiable bill of lading;
iii. Packing list identifying contents of each package;
iv. Manufacturer's/Supplier's warranty /guarantee certificate;
V. Manufacturer’s Test & Inspection certificate;
vi. Certificate of Country of Origin issued by the Chamber of Commerce of Manufacturer’s Country;
vii. Documentary evidence of marine freight & marine insurance
The above documents shall be sent by supplier well in advance, so that the same are received by the Purchaser at least one (1) week before
arrival of the Goods at the port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses.
(b) For Domestic Goods from within India:
Upon dispatch of the Goods to the consignee, the Supplier shall notify the Purchaser and Ultimate Consignee and deliver by express courier
service the following documents to the Purchaser with a copy to the Ultimate Consignee:
i. Supplier's invoice showing Contract Number, Goods description, quantity, unit price, total amount;
ii. Railway receipt/ Transporter’s consignment note /acknowledgement of receipt of Goods from the consignee(s);
iii. Manufacturer's/Supplier's warranty / guarantee certificate;
iv. Manufacturer’s Test & Inspection certificate;
The above documents shall be provided by the supplier at the time of arrival of the Goods at the consignee’s end. In case of delay, the
Supplier will be responsible for any consequent expenses.
11. Insurance
11.1. Wherever necessary, the goods supplied under the contract, shall be fully insured in a freely convertible currency against loss or
damage incidental to manufacture or acquisition, transportation, delivery, storage and erection and commissioning at site (wherever
applicable) in the manner specified in the contract. The insurance is to be done for coverage on “all risks” basis including war risks and
strike clauses. The amount to be covered under insurance should be 110% of the invoice value to take care of the overall expenditure to be
incurred by the purchaser for receiving the goods at the destination.
11.2. Where delivery of imported goods is required by the purchaser on CIF/CIP basis, the supplier shall arrange and pay for marine/air
insurance, making the purchaser as the beneficiary. Where delivery is on FCA/ FOB/ CFR basis, marine/air insurance shall be the
responsibility of the purchaser.
11.3. In case of domestic supplies on Free Delivery at site/FOR Destination basis, the supplier has to arrange insurance at its cost. For Ex-
works and FOR station of dispatch contracts, it is the responsibility of the purchaser to arrange for insurance.
11.4. Where the delivery of the Goods is on CIP Basis, the supplier shall deliver the goods at the named place of destination at its own risks
and costs. CIL has no obligation to the supplier for arranging insurance. However, CIL will provide the supplier upon request, with
necessary information for obtaining insurance.
11.5. Where the delivery of the Goods is on FOR destination Basis, the supplier shall deliver the goods at the FOR destination site at its own
risks and costs. CIL has no obligation to the supplier for arranging insurance. However, CIL will provide the supplier upon request, with
necessary information for obtaining insurance”.
12. Transportation
12.1. In case of FOB (Port of Shipment) contracts, the purchaser has to arrange transportation its own cost and risk.
12.2. In case of CIF (Port of Destination) contracts, transport of the goods to the port of destination in the Purchaser’s country, as shall be
specified in the contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price. In case
of inland transportation of goods, the same is to be done through registered common carriers only.
12.3. In case of CIP (Final Place of Destination) contracts, transport of the goods to the port of destination and further to the named place of
Final Destination in the Purchaser’s country, as shall be specified in the contract, shall be arranged and paid for by the Supplier, and the cost
thereof shall be included in the Contract Price. In case of inland transportation of goods, the same is to be done through registered common
carriers only.
12.4. In case of FOR Destination contracts, transport of goods to the Destination site shall be arranged and paid for by the supplier and the
cost thereof shall be included in the contract price. Transportation of goods is to be done through registered common carriers only.
13. Warranty
13.1. The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models and that they
incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that
Page-50
all Goods supplied under this Contract shall have no defect arising from design, materials or workmanship or from any act or omission of
the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the purchaser’s country.
13.2. This warranty shall remain valid for twelve (12) months from the date of Commissioning of the equipment.
13.3. The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty. The Supplier shall, within thirty
days, repair or replace the defective Goods or parts thereof, free of cost at the ultimate destination. The Supplier shall take over the replaced
parts/Goods at the time of their replacement. No claim whatsoever shall lie on the Purchaser for the replaced parts/Goods thereafter.
13.4. If the Supplier, having been notified, fails to remedy the defect(s) within thirty days, the Purchaser may proceed to take such remedial
action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the Purchaser may have
against the Supplier under the Contract.
14. Payment
14.1. Specific payment terms may be stipulated in the NIT and the resultant contracts depending on the nature of goods to be procured, as
per provisions contained in Chapter-22.
14.2. Payment for Indian Agency Commission
The payment of Indian Agency Commission, if any, involved, may be considered in case of necessity, subject to compliance of the
Government of India guidelines issued from time to time. Agency commission, if any, shall be paid in equivalent Indian Rupees, after
erection and commissioning of the equipment, wherever applicable, within twenty-one days of submission of bills along with following
documents:
(A) Copy of foreign principal’s invoice.
(B) Copy of bill of lading.
(C) Certificate from State Bank of India regarding Bill selling exchange rate ruling on the date of bill of lading (in case of bank holiday on
date of bill of lading, Bill Selling exchange rate on next working day shall be considered).
(D) In case of procurement of equipment, commissioning certificate signed by the concerned officials of the Project and counter-signed by the
Area General Manager and HOD of Technical Dept, of the subsidiary company, where the equipment has been deployed.
14.3. In order to enable the purchaser to avail Input Tax Credit as per applicable Indian laws, the supplier shall furnish all the necessary
documents to the consignee / paying authority as required, failing which the equivalent deduction will be made from the supplier’s bills. In
case of successful bidder(s), if at the time of supply, 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
from the Supplier’s bills while making payment to them. If the evaluation of the supplier has been made considering the concessional rate of
customs duty applicable for import from certain countries under trade agreements / treaties with Govt, of India, all the required
documentation for availing concessional customs duty and subsequent customs clearance etc. will be provided by the supplier failing which
the equivalent deduction will be made from their bills.
15. Changes in Order
The Purchaser may at any time, by a written order given to the Supplier, make changes within the general scope of the Contract in any one
or more of the following:
a) drawings, designs or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the
Purchaser;
b) the method of shipment or packing;
c) the place of delivery; and/or
d) the place of Services to be provided by the Supplier.
16. Contract Amendments
Subject to relevant clause of GCC, no variation in or modification of the terms of the Contract/ Purchase Order shall be made except by
written amendment issued against the Contract/ Purchase Order.
17. Assignment
The Supplier shall not assign, in whole or in part, its obligations to perform under this Contract, except with the Purchaser's prior written
consent. However, the consent of the Purchaser shall not relieve the supplier from any obligation, duty or responsibility under the contract.
18. Subcontracts
The Supplier shall notify the Purchaser in writing of all subcontracts awarded by it to discharge the works under this Contract. Such
notification, in the original bid or later, shall not relieve the Supplier of any liability or obligation under the Contract and the supplier will be
solely responsible for all obligations under the contract.
19. Delays in the Supplier's Performance
19.1. Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by
the Purchaser in the Schedule of Requirements.
19.2. If at any time during performance of the Contract, the Supplier or its Subcontractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, the Purchaser shall evaluate the situation and
may at its discretion extend the Supplier's time for performance, with or without liquidated damages, by way of an by amendment to the
Contract/ Purchase Order.
19.3. Except as provided under Force Majeure clause, a delay by the Supplier in the performance of its delivery
obligations shall render the Supplier liable to the imposition of liquidated damages, unless an extension of time is agreed upon pursuant to
relevant clause without the application of liquidated damages.
20. Liquidated Damages
20.1. In the event of failure to deliver or dispatch the equipment/stores within the stipulated date/period in accordance with the terms and
conditions and the specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in
the supply order, the Purchaser shall have the right:
(a) To recover from the successful bidder as agreed liquidated damages, a sum not less than 0.5% (Half Percent) of the price of any
equipment/ stores which the successful tenderer has not been able to supply as aforesaid for each week or part of a week during which the
delivery of such stores may be in arrears limited to 10% (Ten Percent) of the total contract value, or
(b) To purchase elsewhere after due notice to the successful tenderer on the account and at the risk of the defaulting supplier, the
equipment/stores not supplied or others of similar description without cancelling the supply order in respect of the consignment not yet due
for supply, or
(c) To cancel the supply order or a portion thereof, and if so desired to purchase the equipment/ stores at the risk and cost of the defaulting
supplier and also,
Page-51
(d) To extend the period of delivery with or without penalty as may be considered fit and proper. The penalty, if imposed, shall not be more
than the agreed liquidated damages referred to in clause (a) above.
(e) To forfeit the security deposit ftdly or in part.
(f) Whenever under this contract any sum of money is recoverable from and payable by the supplier, the Purchaser shall be entitled to
recover such sum by appropriating in part or in whole by deducting any sum or which at any time thereafter may become due to the
successful tenderer in this or any other contract. Should this sum be not sufficient to recover the full amount recoverable, the successful
tenderer spall pay the Purchaser on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase.
20.2. For the purpose of the calculation of the liquidated damages amount, the basic FOR Destination price shall be considered. For direct
imports, the CIP price at Final Place of destination will be considered. Taxes and duties shall not be taken into account for calculation of LD.
However, when prices indicated in the order are inclusive of taxes and duties, such prices will be taken for calculation of LD.
21. Termination for Default and breach of contract
21.1. The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may
terminate the Contract in whole or in part:
(a) If the supplier fails to deliver any or all of the stores within the time period(s) specified in the contract, or any extension thereof granted
by the Purchaser; or
(b) If the supplier fails to perform any other obligation under the contract within the period specified in the contract or any extension thereof
granted by the purchaser; or
(c) If the Supplier, in the judgement of the Purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the
Contract.
21.2. For the purpose of this Clause:
(i) “corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the
action of a public official in the procurement process or in contract execution; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the
execution of a contract to the detriment of the Purchaser, and includes collusive practice among Bidders (prior to
or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the
Purchaser of the benefits of free and open competition.
21.3. 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 Supplier shall be liable to the
Purchaser for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the
extent not terminated.
22. Force Majeure
22.1 Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and which is not
foreseeable. Such events may include, but are not restricted to, acts of the purchaser either in its sovereign or contractual capacity, wars or
revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes,
lockouts, freight embargoes and act of God.
22.2 If there is delay in performance or other failures by the supplier to perform its obligation under the contract due to an event of a Force
Majeure and the contract is governed by Force Majeure Clause, the supplier shall not be held responsible for such delays/failures.
22.3 In such a situation, the supplier shall promptly notify the purchaser in writing of such conditions and the cause thereof, duly certified by
the local Chamber of Commerce or Statutory authorities, the beginning and end of the causes of the delay, within twenty one days of
occurrence and cessation of such Force Majeure Conditions. Unless otherwise directed by the purchaser in writing, the supplier shall
continue to perform its obligations under the contract as far as reasonably practical and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
22.4 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.
22.5 For delays arising out of Force Majeure, the supplier will not claim extension in completion date for a period exceeding the period of
delay attributable to the causes of Force Majeure.
22.6 There may be a Force Majeure situation affecting the purchaser also. In such a situation, the purchaser is to take up with the supplier on
similar lines as above for further necessary action.
22.7 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 (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, 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, all unused,
undamaged and acceptable materials, bought out components and stores in course of manufacture in the possession of the contractor at
the time of such termination or such portion thereof as the purchaser may deem fit excepting such materials, bought out components and
stores as the contractor may with the concurrence of the purchaser elect to retain. ”
23. Termination for Insolvency

The Purchaser may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without compensation to the Supplier, 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.
24. Termination for Convenience
24.1 The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience.
The notice of termination shall specify that termination is for the Purchaser's convenience, the extent to which performance of the Supplier
under the Contract is terminated, and the date upon which such termination becomes effective.
24.2 The Goods that are complete and ready for shipment within thirty (30) days after the Supplier's receipt of notice of termination shall be
accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect:
Page-52
a) to have any portion completed and delivered at the Contract terms and prices; and/or
b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Services and for materials and parts
previously procured by the Supplier.
25. Governing Language
The Contract shall be written in English language. All correspondence and other documents pertaining to the Contract which are exchanged
by the Parties shall be written in the same language.
26. Taxes and Duties
26.1 A foreign Supplier shall be entirely responsible for all taxes, duties, license fees and other such levies imposed outside the Purchaser’s
country. The foreign supplier shall also be responsible for all taxes & duties in Purchaser’s country legally applicable during execution of the
contract other than those which are to be paid by purchaser, as specified in as per relevant clause of NIT.
26.2 A Domestic Supplier shall be entirely responsible for all taxes, duties, licence fees etc., incurred until 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
27.1 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
characterised, any/ or from any other remote cause whatsoever.
27.2 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 equipment supplied hereunder which caused such losses, claims, damages,
costs or expenses.
27.3 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)
28.1 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.
28.2 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 contracts) 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- 1835 dated22.05.2018."
29. Progress Reports
29.1 The Supplier shall from time to time render such reports concerning the progress of the contract and/or
supply of the stores in such form as may be required by the Purchaser.
29.2 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 he has not
taken notice of or objected to any information contained in such report.
30. Provisions of CIL’s Purchase Manual
The provisions of CIL’s Purchase Manual and its subsequent amendments (Available on CIL’s website,
www.coalindia.in) shall also be applicable, if not specified otherwise in this Bid document.
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
32.1 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 supply order has
been issued.
32.2 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
33.1 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 Supplier ( as indicated in the Contract / Order )
33.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
33.3 In case of change in address, the Supplier shall immediately notify the same to the Purchaser in writing. The
supplier shall be solely responsible for the consequences of omission to notify the change of address to the
Purchaser.
Page-53
ANNEXURE - 5
Pre-Contract Integrity Pact
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on..................day of the month
of...............20..., between, on one hand, Western Coalfields Ltd, acting through Shri .S.K. Batra, General Manager (MM)
HOD., (hereinafter called the “BUYER / PRINCIPAL ”), which expression shall mean and include, unless the context
otherwise requires, his successors in office and assigns) of the First Part and M/s. ......................................represented
by Shri....................., Chief Executive Officer (hereinafter called the “BIDDER/Seller/ Contractor” which expression shall
mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to procure ................................................(Name of the Stores/Equipment/Item) and the
BIDDER/Seller is willing to offer/has offered the stores and
WHEREAS the BIDDER is a private company /public company/Govemment undertaking/ partnership/ registered export
agency, constituted in accordance with the relevant law in the matter and the BUYER is a Central Public Sector Unit.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced
dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to :-
Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in conformity with the defined
specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and
Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order to secure the contract by
providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the
BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows :
Section 1 - Commitments of the Buyer / Principal
(1) The principal commits itself to take all measures necessary to prevent corruption and to observe the following
principals:-
a. No Employee of the Principal, personally or through family members, will in connection with the tender for or the
execution of contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit
which the person is not legally entitled to.
b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular,
before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential / additional information through which the Bidder(s) could obtain an advantage in relation to the tender
process or the contract execution.
c. Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence underthe IPC /
PC Act, or if there be a substantive suspiction in this regard, the Principal will inform Chief Vigilance Officer and in
addition can initiate disciplinary actions.
Section 2 - Commitments of Bidder(s) / Contractor(s)
(1) The Bidder(s) / Contractor(s) commit themselves to take all measures necessary to prevent corruption. The
Bidder(s) / Contractor(s) commit themselves to observe the following principles during participation in the tender process
and during the contract execution.
a. The Bidder(s) / Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the
Principal's employees involved in the tender provess or the execution of the contract or to any third person any material
or other benefit which he / she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
b. The Bidder(s) / Contractor(s) will not with other bidders info any undisclosed agreement or understanding, whether
formal or informal. This applies in particular to prices, specification, certifications, subsidiary contracts, submission or non
submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.
Page-54
c. The Bidder(s) / Contractor(s) will not commit any offence under the relevant IPC / PC Act; further the Bidder(s) /
Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information
or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically.
c. The Bidder(s) / Contractor(s) of foreign origin shall disclose the name and address of the Agents / representatives in
India, if any. Simillarly the Bidder(s) / Contractor(s) of Indian Nationality shall furnish the name and address of the foreign
principals, if any. Further details as mentioned in the “ Guidelines of Indian Agents of Foreign Suppliers” shall be
disclosed by the Bidder(s) / Contractor(s). Further as mentioned in the Guidelines all the payments made to the Indian
agent / representative have to be in Indian Rupees only. The guidelines and terms and conditions for Indian Agents of
Foreign supplier shall be as per the provisions at Annexure I of this document.
e. The Bidder(s) / Contractor(s) will, when presenting their bid, disclose any and all payments made, is committed to or
intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.
f. Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the
matter to IEMs and shall wait for their decision in the matter.
(2) The Bidder(s) / Contractor(s) will not instigate third person to commit offences outlined above or be an
accessory to such offences.
Section 3 – Disqualification from tender process and exclusion from future contracts.
If the Bidder, before contract award, has committed a transgression through violation of Section 2 or in any other form
such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the
tender process or to terminate the contract, if already signed for such reason.
(1) If the Bidder / Contractor / Supplier has committed a transgression through a violation of Section 2 shuch as to
put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor /
Supplier from future contract award processes. The imposition and duration of the exclusion will be determined
by the severity of the transgression. The severity will be determined by the circumstances of the case. In
particular the number of transgressions, the position of the transgressors within the company hierarchy of the
Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months to maximum
of 3 years.
(2) A transgression is considered to have occurred if the Principal, after due consideration of available fact and
evidences within his / her knowledge conculdes that there is reasonable ground to suspect violation of any
commitment listed under Section 2 ie. “ Commitments of Bidder(s) / Contractor(s)
(3) The bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to impose such
exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground,
including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is
given freely and after obtaining independent legal advice.
(4) If the bidder / contractor / supplier can prove that he has restored / recouped the damage caused by him and
has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.
Section 4 – Compensation for Damages:
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3,
the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit / Bid
Security.
(2) If the Principal has terminated the contract according to Section 3 or if the Principal is entitled to terminate the
contract according to Section 3, the principal shall be entitled to demand and recover from the contract
liquidated damages of the contract value or the amount equivalent to performance Bank Guarantee.
Section 5 – Previous Transgression
(1) The bidder declares that no previous transgression occurred in the last three years with any other company in
any country conforming to the anti corruption approach or with any Public Sector Enterprise in India that could
justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action
can be taken as per the procedure mentioned in “ Guidelines on Banning of business dealings”.
Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors
(1) In case of Sub-Contracting, the Principal Contractor shall take the responsibility of the adoption of Integrity pact
by the Sub-Contractor.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders and Contractors
Page-55
(3) The Principal will disqualify from the tender process all bidders who do not sign this pact or violate its
provisions.
Section 7 – Criminal Charges against violating Bidder(s) / Contractor(s) / Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Sub Contractor or of an employee or a
representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal
has substative suspiction in this regard, the Principal will inform the same to the Chief Vigilance Officer.
Section 8 - Independent External Monitors
(1) The Principal appoints competent and credible Independent External Monitor for this Pact after approval by
Central Vigilance Commission. The task of the Monitor is to review independently and objectively, whether and
to what extent the parties comply with the obligations under this agreement
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his / her functions
neutrally and independently. The Monitor would have access to all Contract documents, whenever required. It
will be obligatory for him / her to treat the information and documents of the Bidders / Contractors as
confidential. He / She reports to the Chairman, Coal India / CMD, Subsidiary Companies.
(3) The Bidder(s) / Contractor(s) accepts that the Monitor has the right to access without restriction to all project
documentation of the Principal including that provided by the Contractor. The Contractor will also grant the
Monitor, upon his / her request and demonstration of a valid interest, unrestricted and unconditional access to
their project documentation. The same is applicable to Sub-Contractors.
(4) The Monitor is under contractual obligation to treat the information and documents of the Bidder(s) /
Contractor(s) / Sub-Contractor(s) with confidentiality. The Monitor has also signed declarations on “ Non-
Disclosure of Confidential Information” and of “ Absence of Conflict of Interest” . In case of any conflict of
Interest arising at a later date, the IEM shall inform Chairman, Coal India Ltd / CMD Subsidiary Companies and
recuse himself / herself from that case .
(5) The Principal will provide the Monitor sufficient information above all meeting among parties related to the
Project provided such meeting could have an impact on the contractual relations between the Principal and the
Contractor. The parties offer to the Monitor the option to participate in such meetings.
(6) As soon as the Monitor notices or believes to notice a violation of this agreement he / shee will so inform the
management of the Principal and request the Management to discontinue or take corrective action or to take
other relevant actions. The monitor can in this regard submit non binding recommendations. Beyond this, the
monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate
action.
(7) The Monitor will submit a written report to the Chairman, Coal India Limited / CMD Subsidiary Companies within
8 to 10 weeks from the date of reference or intimation to him by the Principal and should the occasion arise,
submit proposals for correcting problematic situations.
(8) If the Monitor has reported to the Chairman, Coal India Limited / CMD, Subsidiary Companies a substantiated
suspicion of a offence under relevant IPC / PC Act and the Chairman, Coal India Limited / CMD, Subsidiary
Companies has not, within the reasonable time taken visible action to proceed against such offence or reported
it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner.
(9) The word 'Monitor' would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment
under the contract and for all other Bidders 6 months after the contract has been awarded. Any violation of the same
would entail disqualification of the bidders and exclusion from future business dealings.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this
pact as specified above, unless is discharged / determined by Chaiman Coal India Limited / CMD, Subsidiary
Companies.
Section 10 – Other Provisions
(1) Changes and supplements as well as termination notices need to be made in writing. Side agreement have not
been made.
(2) If the Contractor is a partnership or a consortium, this agreement must be signed byall partners or consortium
members.
(3) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
(4) Issues like Warranty / Guarantee etc shall be outside the purview of IEMs
Page-56
(5) In the event of any contradiction between the Integrity pact and its Annexure, the clause in the Integrity Pact will
prevail.
Section 11 - Facilitation of Investigation
In case of any allegation of violation of any provisions of this pact or payment of commission, the Buyer or its agencies
shall be entitled to examine all the documents including the Books of Accounts of the Bidder and the Bidder shall
provide necessary information and documents in English and shall extend all possible help for the purpose of such
examinations.
Section 12 – Law and Place of Jurisdiction
This pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the Buyer.
Section 13 – Other Legal Actions
The actions stipulated in this Integrity pact are without prejudice to any other legal actions that may follow in accordance
with the provisions of the extant law in force to any civil or criminal proceedings.
For & on behalf of the Principal For & on behalf of the Bidder / Contractor
(Office Seal ) (Office Seal )
Place: Nagpur
Date -------------
Witness 1: Witness 2:
Name and Address Name and Address
Page-57
Annexure – i (part of Intigrity pact )

Guidelines for Indian Agents for Foreign Supplier
1. Authorized India Agent of a foreign manufacturer or indigenous manufacturer is also eligible to quote on behalf of its
principal against the tender, in case manufacturer as a matter of corporate policy does not quote directly. However,in
such case, authorized Indian Agent shall have to upload scanned copy of tender specific manufacturer's authorization –
signed and stamped by the manufacturer to quote against the WCL Tender, indicating the Tender Reference No. And
date alongwith the offer. The authorized Indian Agent is to upload scanned copies of details in respect of its organization
alongwith the copies of document like certificate of incorporation / registration etc alongwith the offer. The firm ( Indian
Agent ) should be in existence for 3 years on the date of tender opening, irrespective of date of appointment as Indian
Agent.
In case an Indian Agent is participating in a tender on behalf of one manufacturer, it is not allowed to participate / quote
on behalf of another manufacturer in this tender or in a parallel tender for the same item. Further, in a tender, either
manufacturer can quote or its authorized Indian Agent can quote but bothh are not allowed to participate / quote in the
same tender. Also one manufacturer can authorize only one agent in the same tender. All the bids, not quoted as per the
above guidelines will be rejected.
2. The Foreign manufactuer must indicate the name & address of its agent in India. It should also indicate the
commission payable to them and the specific services rendered by them. The Indian Agency commission will be payable
only on FOB Prices of goods and it should be quoted as a percentage of the FOB Price. In case the foreign manufactuer
does not have any Indian Agent, it should be clearly mentioned in the bid. In terms of Integrity Pact, the bidder has also
to disclose all payments to agents, brokers or any other intermediaries.
The amount of agency commission payable to Indian Agent should not exceed 5% or what is specified in agency
agreement, whichever is lower.
3. In addition to above A certificate that no commission is payable by the principal supplier to any agent, broker or any
other intermediary against this contract other than percentage as indicated in BOQ ( not exceeding 5% of FOB ) of FOB
value of the Contract to Indian Agent. This certificate forms a part of letter of credit.
4. The payment of Indian Agency Commission, if any, involved may be considered in case of necessity, subject to
compliance of the Government of India guidelines issued from time to time . The name of the Indian Agent with their full
address and the quantum of Agency commission if any, payable shall have to be mentioned in the offer by the foreign
manufacturer.
The following documents shall be submited by the bidder in case of contract with foreign principals involving Indian
Agents.
i) . Foreign Principal’s pro-forma invoice or any other authentic document indicating the commission payable to the
Indian agent, nature of after sales service to be rendered by the Indian Agent and the precise relationship between the
Principal and the Agent and their mutual interest.
ii) . Copy of the agency agreement, if any with the foreign principal stating the precise relationship between them and
their mutual interest in the business.
However, if all the details given in Para – (i) are complied with, the requirement of submission of document mentioned at
Para- (ii) may be waived.
5. Agency Commission, if any shall be paid in equivalent Indian Rupees.
Page-58
Tender Reference no:

ANNEXURE - 6
DECLARATION CERTIFICATE
We do hereby declare that the contents of the offer submitted

against this tender have been given after fully understanding and the same
are true and complete in every particular and that if any untrue abetment /
information contained therein, the said offer shall be considered absolutely
null and void and we shall be liable for any penal action as per the provisions
of Law for the time being in force.
i) I / We ______________________ Directors / Partner / Legal

Attorney / Proprietor / Accredited representative of M/s. __________________
declare that we are submitting our tender for the supply of materials vide our
offer no __________dt. __________
ii) The contents of the offer given after fully understanding and all
information furnished by me / us are correct and true and comlete in every
respect.
iii) All documents / credentials submitted along with the tender are genuine,
authentic, true and valid.
iv) If any information or document submitted is found to be false / incorrect,

the said offer shall be considered absolutely null & void and action as deemed
fit may be taken against me / us including termination of the contract,
forfeiture of all dues including EMD / Security Deposit and blacklisting of my /
our firm and all partners of the firm as per the provisions of law.
Signature of Bidder
Date:
Seal of the firm
Page-59
Annexure – 7
MANDATE FORM
(Account/s Information form)
ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) / REAL TIME GROSS SETLEMENT (RTGS)/
NATIONAL ELECTRONIC TRANSFER (NEFT) / INTRA BANK ACCOUNT TRANSFER FACILITY FOR
RECEIVING PAYMENTS
A. DETAILS OF ACCOUNT HOLDER :

NAME OF ACCOUNT HOLDERER / FIRM
COMPLETE CONTACT ADDRESS
MOBILE NUMBER / PH NO
E.MAIL
B. BANK ACCOUNT DETAILS :
ACCOUNT NAME
(Name appearing in your Cheque Book)
BRANCH NAME WITH COMPLETE ADDRESS,
BRANCH CODE
COMPLETE BANK ACCOUNT NUMBER
(Please note that the Bank Account of the
Beneficiaries (vendor) must be in the name of
the Firm as appeared in the tender.
IFSC CODE
TYPE OF ACCOUNT (SB/CURRENT/CASH
CREDIT)
MICR CODE OF BANK
I hereby declare that the particulars given above are correct and complete. If the
transaction is delayed or not effected at all for reasons of incomplete or incorrect
information I would not hold the user institution responsible. I have read the option
invitation letter and agree to discharge responsibility expected or me as a participant under
the scheme.
( ……………………………………………………….. )
Signature of Vendor
Date :
Certified that the particulars furnished above are correct as per our records.
(Bank’s Stamp)
( ……………………………………………………….. )
Signature of Authorized signatory of the Bank
Page-60
ANNEXURE - 8
BANNED OR DELISTED OR DEBARRED OR PUT ON HOLIDAY SUPPLIERS DECLARATION
This is to certify that we have not been banned or de-listed or debarred or ‘Put on Holiday’
by any Government or quasi-Government agencies or PSUs.
Signature of Bidder
Date:
Seal of the firm
Page-61
ANNEXURE - 9
FORMAT FOR AUTHORIZATION TO BE SUBMITTED BY THE INDIAN

AGENTS OF INDIGENOUS MANUFACTURERS:
( to be typed on the Principals letter head and should be pre dated( prior to tender opening date
and properly signed )
To
Staff Officer (MM)
Western Coalfields Ltd,Umrer Area
Dear Sir.
Against the Tender no: _______________________, we hereby authorize M/s. ___________ ___
to participate in the tender and submit the offer and enter into contract / Supply order, on our
behalf. This authorization is valid till the successful completion of supplies against this tender.
We confirm / undertake that:
1. As a matter of our corporate policy, we do not quote directly/ market our products to any
organization. If, subsequently, at any stage, it is found that we have quoted directly to any
organization, we shall be liable for penal action as per provisions of the NIT and the Purchase
Manual. Further, if at any stage, it is found that agency commission has been paid by us without
declaring the agent, the commission may be recovered with interest..
2. We will accept the responsibility for the satisfactory execution of orders placed on the
authorized agent including warranty/ guarantee obligations.
3. Wherever necessary, we will provide requisite inspection and testing facilities at our works in
respect of orders placed on authorized agent.
4. The price quoted by our authorized agent will not exceed the price which we would have
quoted.
5. In the event of placement of order on our authorized dealer , the goods supplied / goods
offered for inspection would be accompanied by a certificate stating that the goods have been
manufactured by us.
6. We further confirm that No agent / Middle man / Liasoning agent or any entity in any name
other than our authorized Indian Agent is involved in the process of procurement of goods and
services against this tender. If subsequently at any stage, it is found that false certificate is given, we
shall be liable for penal action
Signature of Authorized signatory of Principal
Date:
Seal of the firm
Page-62
ANNEXURE - 10
FORMAT FOR AUTHORIZATION TO BE SUBMITTED BY THE INDIAN

AGENTS OF FOREIGN MANUFACTURERS:
( to be typed on the Principals letter head and should be pre dated( prior to tender opening date
and properly signed )
To
Staff Officer (MM)
Dear Sir.
Against the Tender no: _______________________, we hereby authorize M/s. ___________ ___
to participate in the tender and submit the offer and enter into contract / Supply order, on our
behalf. This authorization is valid till the successful completion of supplies againt this tender.
We confirm / undertake that:
1. As a matter of our corporate policy, we do not quote directly/ market our products to any
organization in India. If, subsequently, at any stage, it is found that we have quoted directly to
any organization, we shall be liable for penal action as per provisions of the NIT and the
Purchase Manual. Further, if at any stage, it is found that agency commission has been paid by
us without declaring the agent, the commission may be recovered with interest..
2. We will accept the responsibility for the satisfactory execution of orders placed on the
authorized agent including warranty/ guarantee obligations.
3. We further confirm that No agent / Middle man / Liasoning agent or any entity in any name
other than our authorized Indian Agent is involved in the process of procurement of goods and
services against this tender. If subsequently at any stage, it is found that false certificate is given, we
shall be liable for penal action
Signature of Authorized signatory of Principal
Date:
Seal of the firm
Page-63
ANNEXURE - 11
UNDERTAKING TO BE SUBMITTED BY THE INDIAN AGENTS OF INDIGENOUS

MANUFACTUERS / FOREIGN MANUFACTURERS:
( to be typed on the Indian agent letter head )
To
Staff Officer (MM)
Dear Sir.
Against the Tender no: _______________________, we have quoted as the authorized dealer /
indian agent of M/s. ______________________________ who is the manufacturer of the offered
products. We confirm that we will be responsible for all the contractual obligations including the
quality aspects, replacement of parts / items , warranty / guarantee obligations and also provide
the after sales and services.
We have submitted the following documents.
1. Tender specific authorization from the Principal including the specific confirmations as
required as per the terms of the NIT.
2. Self attested copies of the Manufacturing credentials of the Principal to establish the
principal is the manufacturer of the offered items.
3. The self attested copy of the documents to prove that our business entity is existence for
3years on the date of tender opening.
Signature of Authorized Dealer / Indian Agent
Date:
Seal of the firm
Page-64
Annexure - 12
Format for Affidavit of Self Certification regarding Domestic Value Addition in an Electronic Product to
be provided on Rs.100/- Stamp Paper
Date:
I____________________S/o, D/o, W/o________________________, Resident of___________________do hereby solemnly

affirm and declare as under:
That I will agree to abide by the terms and conditions of the policy of Government of India issued vide Notification No: 33(3)/2013-IPHW
dated 23.12.2013.
That the information furnished hereinafter is correct to best of my knowledge and belief and I undertake to produce relevant records before
the procuring authority or any authority so nominated by the Department of Electronics and Information Technology, Government of India
for the purpose of assessing the domestic value addition.
That the domestic value addition for all inputs which constitute the said electronic product has been verified by me and I am responsible for
the correctness of the claims made therein.
That in the event of the domestic value addition of the product mentioned herein is found to be incorrect and not meeting the prescribed
value-addition norms, based on the assessment of an authority so nominated by the Department of Electronics and Information Technology,
Government of India for the purpose of assessing the domestic value-addition, I will be disqualified from any Government tender for a
period of 36 months. In addition, I will bear all costs of such an assessment.
That I have complied with all conditions referred to in the Notification No............ wherein preference to domestically manufactured
electronic products in Government procurement is provided and that the procuring authority is hereby authorized to forfeit and adjust my
EMD and other security amount towards such assessment cost and I undertake to pay the balance, if any, forthwith.
I agree to maintain the following information in the Company's record for a period of 8 years and shall make this available for verification to
any statutory authorities.
i. Name and details of the Domestic Manufacturer (Registered Office, Manufacturing unit location, nature of legal entity)
ii. Date on which this certificate is issued
iii. Electronic Product for which the certificate is produced
iv. Procuring agency to whom the certificate is furnished
v. Percentage of domestic value addition claimed
vi. Name and contact details of the unit of the manufacturer
vii. Sale Price of the product
viii. Ex-Factory Price of the product
ix. Freight, insurance and handling
x. Total Bill of Material
xi. List and total cost value of inputs used for manufacture of the electronic product
xii. List and total cost of inputs which are domestically sourced. Please attach value addition certificates from suppliers, if the input is not in-
house.
xiii. List and cost of inputs which are imported, directly or indirectly
For and on behalf of
(Name of firm/entity)
Authorized signatory
(To be duly authorized by the Board of Directors)
<Insert Name, Designation and Contact No>
Page-65
ANNEXURE - 13
LOWEST PRICE CERTIFICATE
This is to certify that the prices quoted by us for the offered items are the lowest prices as
applicable to any other Organization / Ministry / Department of the Govt, of India or Coal
India Ltd. and /or its Subsidiaries or other PSU or any other private organization.
Signature of Bidder
Date:
Seal of the firm
Signature Not Verified

Digitally signed by Navin Nischal
Page-66 Date: 2020.06.16 14:28:23 IST
Location: Coal India Limited-CIL

Fluid Coupling

Uploaded by

Copyright:

Available Formats

Fluid Coupling

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Fluid Coupling

Uploaded by

Copyright:

Available Formats

Tender No.

( UNDER JURISDICTION OF NAGPUR COURT ONLY )

WESTERN COALFIELDS LIMITED.

Area Purchase Cell Contact Person’s name:Navin Nischal

“Eligible for participation by any prospective bidder”

SCOPE OF SUPPLY: Supply of Fluid Coupling FCU 17.75

Tender No: WCL-UM4550-Pur-LTE-e020 -2020-21

Contents of the Tender Document:

Section II:- Instruction to bidders (ITB)

1. Requirements for participation in e-tenders

b) Registration/Enrollment of Bidder on e-procurement Portal of CIL:

( II ) No separate intimation in respect of corrigendum to this NIT( if any ) will be sent to

7.0 PREPARATION OF TENDER DOCUMENTS :

9.0 Modification & re-submission of bids:

If the techno-commercial acceptability of the system generated L1 bidder is established upon

15.0. b Conflict of Interest among Bidders/Agents

18.0 e-Procurement Process:

Tenders whose value i s a b o v e R s . 5 0 . 0 0 l a k h s shall follow reverse auction process

21.0 ONLINE EVALUATION PROCESS:

CIL Purchase Manual 2020 is available in the website http://www.coalindia.in.

3. EARNEST MONEY DEPOSIT :

3a. Exemption of EMD :

Public Procurement Policy Order, 2012.

4a. EXEMPTION OF SECURITY DEPOSIT :

a1.1) Distribution of the Quantity

The list of documents to be submitted by the bidder:

Note: In case of procurement of commercially off-the- shelf available products( if specifically

6. VALIDITY OF THE OFFER:

8.FREE DELIVERY AT SITE

10. Force Majeure Clause:

11. Risk Purchase Clause:

13. Price Fall Clause:

Name Western Coalfields Ltd

II) (i) Bidder shall provide details of their GSTIN.

17. Price Bid terms and conditions:

IF Quoted on GST Extra

21 AUDITOR’S CERTIFICATE: In case of imported stores, where the bidder is to arrange

22.BANNED OR DELISTED OR DEBARRED OR PUT ON HOLIDAY SUPPLIERS:

23. PURCHASE PREFERENCE:

(i) In case of proprietary MSE, proprietor(s) shall be SC/ST.

D. Methodology for Purchase Preference

E) Exclusive Procurement from MSEs:

F) Other Purchase Preferences.

1. Purchase Preference for Domestically Manufactured Electronic Products : Shall be dealt

2. Procurement of stationery and consumables from Kendriya Bhandar, NCCF: Wherever

As per Department of Expenditure, Ministry of Finance OM No. F.20/2/2014/PPD-(Pt) dated 25.07.2016

H. Policy regarding Public Procurement (preference to Local manufacturers as per “Make in

Verification of local content:

25.BUYERS’ RIGHT TO DECIDE THE TENDER:-

29.Arbitration (Applicable only to the Public Sector Undertaking/CPSEs / Government

30.Provisions of CIL Purchase Manual: :

STAFF OFFICER (MM),

SPECIAL CONDITIONS OF NIT

g) Bank Mandate Form as per annexure 7 of NIT

14. Contact Person:

For Commercial Matters: Staff Officer(MM),Umrer area

For & on Behalf of WCL

Staff Officer (MM),

FLUID COUPLING as per Drawing No. FC/UCHP-1

Motor RPM : 1450

Reference : CIL/Subsidiary Co.____Tender No.

Date_for supply of____________________

I__S/o, D/o, W/o, Resident of_do hereby solemnly