Tendernotice - 2 (65) - 250516 - 103126
Tendernotice - 2 (65) - 250516 - 103126
TENDER DOCUMENT
INDEX
SECTION – I
(Notice Inviting Tender)
(i) For Site visit of location of work, the prospective bidder(s) may contact Manager (E&M), CIL
(Landline No. 033-71104187 & 4177) during working days (9.30 AM to 5.30 PM)
Tender inviting authority Contact Person(s)/Tender Dealing Officer(s)
GM/HoD (Civil), CIL Manager (Civil), CIL
Contact No. 033-71104180(L) Contact No. 033-71104177(L)
The invitation for bid is open to all bidders including an individual, proprietorship firm, partnership
firm, company, Joint Venture, any legal entity having eligibility to participate as per eligibility criteria
stipulated in clause No.8 of NIT and having Digital Signature Certificate (DSC) issued from any agency
authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be traced up to
the chain of trust to the Root Certificate of CCA.
8. Eligibility Criteria:
A. Work Experience:
The bidder must have experience of works (includes completed / ongoing) of similar nature valuing
50% of the annualized estimated value of the work put to tender (for period of completion over 1
year) / 50% of the estimated value of the work (for completion period up to one year) put to Tender
in any year (consecutive 365 days) during last 7 (seven) years ending last day of month previous to the
one in which bid applications are invited.
“Annualised value” of the work shall be calculated as the “Estimated value/Period of completion in
Days x 365”.
The value of executed works shall be given a simple weightage to bring them at current price level by
adding 7% for each completed year (total number of days/365) after the end date of experience till
the last day of month previous to one in which e-Tender has been invited.
The above qualification criteria shall be met collectively by JV partners or JV itself.
The qualifying criteria parameter e.g. Work Experience of the individual partners of the JV will be
added together towards fulfilment of qualification criteria related to experience.
The definition of similar work shall be as follows:
Day to Day Operation, Maintenance and Facility Management services of high-rise building(s)
having minimum 500 TR Central HVAC System, Firefighting System and Integrated Building
Management System (IBMS)”
In respect of the above eligibility criteria the bidders are required to furnish the following
information on-line:
i) Start date of the year for which work experience of Bidder is to be considered for eligibility.
ii) Start date & end date of each qualifying experience (similar nature)
iii) Work Order Number /Agreement Number of each experience
iv) Name & address of Employer/Work Order Issuing authority of each experience
v) Percentage (%) share of each experience (in case the experience has been earned by the Bidder
as a partner in a Joint Venture firm/Partnership firm then the proportionate value of experience
in proportion to actual share of bidder in that Joint Venture firm/ Partnership firm will be
considered against eligibility else it shall be taken as 100%).
vi) Executed Value of work against each experience
vii) In case the Bidder is a Joint Venture, the work experience of any one, two or three of the
individual partners of JV or the JV itself may be furnished as the work experience of the bidder.
Note:
a) In case the bidder is a Joint Venture, work experience as above may be furnished as the work
experience of the bidder.
b) Confirmation in the form of Yes/No regarding submission of similar work experience as defined
in the NIT.
B. ‘Class-II local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content equal to or more than 20% but less than 50%, as
defined under said order.
C. ‘Non-Local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content less than 20% as defined under said order
D. ‘Local Content’ means the amount of value added in India which shall be the total value of the
item procured (excluding net domestic indirect taxes) minus the value of imported content in
the item (including all customs duties) as a proportion of the total value, in percent.
E. ‘Margin of Purchase Preference’ means the maximum extent to which the price quoted by a
Class-I local supplier may be above the L1 for the purpose of purchase preference. The margin
of purchase preference is 20%.
In respect of the above eligibility criteria the bidder is required to furnish the following information
online:
i) Confirmation in the form of Yes/No regarding possessing of required document indicating
percentage of local content as enlisted in NIT.
Note: -
All the Bidders shall submit along with its bid a certificate (with UDIN) from the statutory
auditor or cost auditor of the company (in case of companies) or from a practicing cost
accountant or practicing chartered account (in respect of suppliers other than companies)
giving the percentage of local content (with Annexure-III).
In terms of the above said policy, purchase preference shall be given to local suppliers in the following
manner:
I. In the procurement of works which are divisible in nature, the following procedure shall be
followed: -
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract for full quantity will be awarded to L-1 at L-1 price by the Purchaser.
ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to L-1.
Thereafter, the lowest Bidder among the Class-I local suppliers will be invited to match
the L-1 price for the remaining 50% quantity subject to Class-I local supplier’s quoted
price falling within the margin of purchase preference, and the contract for that quantity
shall be awarded to such local supplier subject to his matching the L-1 price. In case such
lowest eligible Class-I supplier fails to match the L-1 price or accept less than the offer
quantity, the next higher Class-I local supplier within the margin of purchase preference
shall be invited to match the L-1 price for remaining quantity and so on, and contract shall
be awarded accordingly. In case some quantity is still left uncovered on Class-I local
supplier, then such balance quantity may also be ordered on L-1 Bidder.
II. In the procurement of works which are not divisible, and in procurement of services where the
bid is evaluated on price alone, the following procedure shall be followed: -
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract will be awarded to L-1.
ii) If L-1 is not from a Class-I local supplier, the lowest Bidder among the Class-I local
suppliers, will be invited to match the L-1 price subject to Class-I local supplier's quoted
price falling within the margin of purchase preference, and the contract shall be awarded
to such Class-I local supplier subject to matching the L-1 price.
iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the Class-I
local supplier with the next higher bid within the margin of purchase preference shall be
invited to match the L-1 price and so on and contract shall be awarded accordingly. In
case none of the Class-I local suppliers within the margin of purchase preference matches
the L-1 price, then the contract may be awarded to the L-1 Bidder.
b) In cases of procurement for a value in excess of Rs. 10 crores, the ‘Class-I local supplier’/
‘Class-II local supplier’ shall be required to provide a certificate with UDIN 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.
c) Decisions on complaints relating to implementation of this Order, 2020 (amended from
time to time) shall be taken by TAA limited to the CMD of CIL/Subsidiaries to the procuring
entity.
d) CIL/Subsidiary may constitute committees with internal and external experts for
independent verification of self-declarations and auditor’s/ accountant’s certificates on
random basis and in the case of complaints.
e) False declarations will be debarring of the bidder or its successors for a period up to two
years as per Guidelines on debarment of firms from bidding along with such other action
as may be permissible under law.
f) A supplier who has been debarred by any procuring entity for violation of the Order shall
not be eligible for preference under the Order for procurement by any other procuring
entity for the duration of the 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, in the manner prescribed below.
g) The Department of Expenditure shall issue suitable instructions for the effective and
smooth operation of this process, so that:
1. The fact and duration of debarment for violation of the Order by any procuring
entity are promptly brought to the notice of the Member-Convenor of the Standing
Committee and the Department of Expenditure through the concerned Ministry
/Department or in some other manner;
2. on a periodical basis such cases are consolidated and a centralized list or
decentralized lists of such suppliers with the period of debarment is maintained
and displayed on website(s);
3. In respect of procuring entities other than the one which has carried out the
debarment, the debarment takes effect prospectively from the date of uploading
on the website(s) in the such a manner that ongoing procurements are not
disrupted.
VI. Reciprocity Clause
1. When a Nodal Ministry/Department identifies that Indian suppliers of an item are not
allowed to participate and/ or compete in procurement by any foreign government, due
to restrictive tender conditions which have direct or indirect effect of barring Indian
companies such as registration in the procuring country, execution of projects of specific
value in the procuring country etc., it shall provide such details to all its procuring entities
including CMDs/CEOs of PSEs/PSUs, State Governments and other procurement agencies
under their administrative control and GEM for appropriate reciprocal action.
2. Entities of countries which have been identified by the nodal ministry/departments not
allowing Indian companies to participate in their Government procurement for any item
related to that nodal Ministry shall not be allowed to participate in Government
procurement in India (including CIL and its Subsidiaries) for all items related to that nodal
Ministry/ Department, except for the list of items published by the Ministry/ Department
permitting their participation.
3. The term 'entity' of a country shall have the same meaning as under the FDI Policy of
DPIIT as amended from time to time.
VII. Manufacture under license/ technology collaboration agreements with phased indigenization
a) While notifying the minimum local content, Nodal Ministries may make special provisions
for exempting suppliers from meeting the stipulated local content if the product is being
manufactured in India under a license from a foreign manufacturer who holds intellectual
property rights and where there is a technology collaboration agreement / transfer of
technology agreement for indigenous manufacture of a product developed abroad with
clear phasing of increase in local content.
b) In procurement of all goods, services or works in respect of which there is substantial
quantity of public procurement and for which the nodal ministry has not notified that
there is sufficient local capacity and local competition, the concerned nodal ministry shall
notify an upper threshold value of procurement beyond which foreign companies shall
enter into a joint venture with an Indian company to participate in the tender.
CIL/Subsidiary while procuring such items beyond the notified threshold value, shall
prescribe in their respective tenders that foreign companies may enter into a joint
venture with an Indian company to participate in the tender. CIL/ Subsidiary shall also
make special provisions for exempting such joint ventures from meeting the stipulated
minimum local content requirement, which shall be increased in a phased manner.
Scanned copy of documents to be uploaded by bidder(s) in support of information / declaration
furnished online by the bidder against Eligibility Criteria as Confirmatory Document.
9. Submission of Bid:
a.i In order to submit the Bid, the bidders have to get themselves registered online on the e
Procurement portal of CIL (https://coalindiatenders.nic.in) with valid Digital Signature
Certificate (DSC) issued from any agency authorized by Controller of Certifying Authority (CCA),
Govt. of India and which can be traced up to the chain of trust to the Root Certificate of CCA.
The online Registration of the Bidders on the portal will be free of cost and one time activity
only. The registration should be in the name of bidder, whereas DSC holder may be either bidder
himself or his duly authorized person. The bidder is one whose name will appear as bidder in
the e-Procurement Portal.
a.ii The bidders have to accept unconditionally the online user portal agreement which contains
the acceptance of all the Terms and Conditions of NIT including General and Special Terms &
Conditions, Integrity Pact and other conditions, if any, along with on-line undertaking in support
of the authenticity of the declarations regarding the facts, figures, information and documents
furnished by the Bidder on-line in order to become an eligible bidder. No conditional bid shall
be allowed/accepted.
a.iii The bidders have to accept unconditionally in GTE (General Technical Evaluation) the
Undertaking at Annexure II regarding Genuineness of the information furnished by him on-line
& authenticity of the scanned copy of documents uploaded by him on-line in support of his
eligibility criteria etc. and Annexure I (Letter of Bid). No recycling will be done for this
document i.e. no further clarification will be sought from bidder.
Moreover, the following documents shall be considered from the Bidder’s space/ My Document
and no recycling will be done for these documents i.e. no further clarification will be sought
from bidder –
Sl. Document Scanned copy of documents uploaded by bidder in
No. Bidder’s space/ My Document
1 2 3
1 Permanent Account Number (Ref. PAN card issued by Income Tax department, Govt. of
Clause No.8(C) of NIT) India.
In case of JV, PAN card for each Indian partner of JV
and Verifiable Tax Residency Certificate of respective
country for each foreign partner or JV itself.
2 Goods and Services Tax (GST) Status The following documents depending upon the status
of Bidder (Ref. Clause No.8(D) of NIT w.r.to GST as declared by Bidder in the BOQ sheet:
and BOQ)
a) Status: GST Registered Bidder under regular
scheme
Document: GST Registration Certificate (i.e. GST
identification Number) issued by appropriate
authority of India.
b) Status: GST Registered Bidder under
composition scheme
Document: GST Registration Certificate (i.e. GST
identification Number) issued by appropriate
authority of India.
c) Status: GST unregistered bidder:
Document: A Certificate having UDIN from a
practicing Chartered Accountant having
membership number with Institute of
Chartered Accountants of India certifying that
the bidder is GST unregistered bidder in
compliance with the relevant GST rules of.
India.
[In case of JV, Bidder should submit scanned copy of
GST status of Lead Partner only or GST Certificate of
JV itself]
Note:
i) If turnover of bidder exceeds
exemption/threshold limit, the bidder must
have GST registration as per GST Act and rules.
3 Legal Status of the bidder Document(s) covered under any one of the following
sub-head(s):
1. Affidavit or any other document to prove
proprietorship/Individual status of the bidder.
2. Partnership deed containing name of partners.
c. Letter of Bid (LoB): The format of Letter of Bid is given at Annexure I of Tender document. This
will be the covering letter of the bidder for his submitted bid. The bidders have to accept
unconditionally the Letter of Bid in GTE (General Technical Evaluation) at the time of bid
submission. This online acceptance during bidding through GTE shall be construed as
submission of LOB by bidder.
d. Price bid: The Price bid containing the Bill of Quantity will be in Excel format and will be
downloaded by the bidder and bidder will quote the rates for all items on this Excel file. Prior
to quoting the rates in the BOQ file, the bidder will select the appropriate status from the
following drop down list given in the BOQ: -
I. Status: GST Registered Bidder under regular scheme
E. In case the bidder(s) submit(s) requisite documents online as per NIT, then the bidder(s) will be
considered eligible for opening of Price Bid.
F. Seeking clarification shall be restricted to confirmation of submitted document/online
information only and it should be only for one time for a period of upto 7 days. The clarification
shall be taken in online mode in the e- Procurement portal of CIL only.
G. In case bidder(s) fails to confirm the online submitted information(s)/ declaration(s) by the
submitted documents as (b) above, their/his bid shall be rejected; however, if the confirmatory
documents do not change eligibility status of the bidder in connection his submitted online
information(s)/declaration(s), then his/their bid will be accepted for opening of Price Bid.
H. After Technical evaluation of tender, “Technical Evaluation Summary” will be uploaded by the
evaluator and price bid shall be opened on/after preschedule date and time mentioned in the
NIT online in the e- Procurement portal of CIL. However, in case there is any extension of date
and time of price bid opening, it shall be notified online and price bid shall be opened online on
e-Procurement portal of CIL after rescheduled date and time.
I. In case none of the bidder(s) complies the technical eligibility criteria as per NIT, then bidder(s)
will be rejected online and re-tender (if required) will be done (with the same or different
quantity, as per the instant requirement).
J. If L1 bidder backs out (i.e. Techno commercially established L1 bidder), the EMD will be
forfeited and the bidder will be debarred for minimum one (1) year from participating in
tenders in CIL/ Subsidiary.
Note: In case If the defaulter L1 bidder is a Joint Venture (JV) firm, penal action against the JV
will also be applicable to all the partners of JV.
K. Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable.
In terms of the above said policy, purchase preference shall be given to local suppliers in the
following manner:
I. In the procurement of works which are divisible in nature, the following procedure shall
be followed: -
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-
I local supplier, the contract for full quantity will be awarded to L-1 at L-1 price by
the Purchaser.
ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to
L-1. Thereafter, the lowest bidder among the Class-I local suppliers will be invited
to match the L-1 price for the remaining 50% quantity subject to Class-I local
supplier’s quoted price falling within the margin of purchase preference, and the
contract for that quantity shall be awarded to such local supplier subject to his
matching the L-1 price. In case such lowest eligible Class-I supplier fails to match
the L-1 price or accept less than the offer quantity, the next higher Class-I local
supplier within the margin of purchase preference shall be invited to match the L-
1 price for remaining quantity and so on, and contract shall be awarded
accordingly. In case some quantity is still left uncovered on Class-I local supplier,
then such balance quantity may also be ordered on L-1 bidder.
II. In the procurement of works which are not divisible in nature, and in procurement of
services where the bid is evaluated on price alone, the following procedure shall be
followed: -
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-
I local supplier, the contract will be awarded to L-1.
ii) If L-1 is not from a Class-I local supplier, the lowest bidder among the Class-I local
suppliers, will be invited to match the L-1 price subject to Class-I local supplier's
quoted price falling within the margin of purchase preference, and the contract
shall be awarded to such Class-I local supplier subject to matching the L-1 price.
iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the
Class-I local supplier with the next higher bid within the margin of purchase
preference shall be invited to match the L-1 price and so on and contract shall be
awarded accordingly. In case none of the Class-I local suppliers within the margin
of purchase preference matches the L-1 price, then the contract may be awarded
to the L-1 bidder.
The work is for Annual Operation and Maintenance (Civil & Electrical works) including
integrated facility Management which has to be executed by a single agency. Hence, it
has been considered as non-divisible.
Note: The confirmation from the bidder regarding matching of L1 price may be taken in
confirmatory document link of e-Procurement portal by recycling ‘Any other document’
link.
Verification of local content:
I. If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at
the time of bidding shall submit either self-certification indicating the percentage
of local content in the offered items in Undertaking as per format at Annexure-III.
They shall also give details of the location(s) at which the local value addition is
made, if applicable.
II. If the estimated value of procurement is more than Rs. 10 crores, all the Bidders
shall submit along with its bid a certificate with UDIN from the statutory auditor or
cost auditor of the company (in case of companies) or from a practicing cost
accountant or practicing chartered account (in respect of suppliers other than
companies) giving the percentage of local content.
III. CIL/ Subsidiary may constitute committees with internal and external experts for
independent verification of auditor’s / accountant’s certificates on random basis
and in the case of complaints.
IV. False declarations will attract Guidelines on Debarment of firms from Bidding for a
period up to two year and with process in line with clause 20 of GTC.
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.
14. Auto Extension of Critical Date:
If number of bids received online is found to be less than 03(three) on end date of bid submission then
the following critical dates of the Tender will be automatically extended for a period of four days
ending at 17.00 hrs:
Last date of submission of Bid.
Last date of receipt of EMD.
17.2 It shall be deemed that the Bidder has visited the Site/Area and got fully acquainted with the
working conditions and other prevalent conditions and fluctuations thereto whether
he/she/they actually visits the Site /Area or not and has taken all the factors into account while
quoting his/her/their rates.
17.3 The Bidder is expected, before quoting his rate, to go through the requirement of
materials/workmanship, specification, requirements and conditions of contract.
17.4 The Bidder, in preparing the bid, shall rely on the site investigation report referred to in the bid
document (if available), supplemented by any information available to the Bidder.
18. Taxes and Duties:
All duties, taxes (excluding Goods and Services Tax (GST) & GST Compensation Cess (if applicable) only)
and other levies, royalty, building and construction workers cess (as applicable in States) payable by
the bidder/Contractor under the Contract, or for any other cause as applicable on the last date of
submission of Bid, shall be included in the rates, prices and the total Bid Price submitted by the Bidder.
Applicable GST, if any, either payable by bidder or by company under reverse change mechanism shall
be computed by system in BOQ sheet as per predefined logic.
All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and plants etc.
as may be attendant upon execution and completion of works shall also be included in the rates, prices
and total Bid price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/or
any increase over the rate existing on the last date of submission of Bid shall be reimbursed by the
company on production of documentary evidence in support of payment actually made to the
concerned authorities.
Similarly, if there is any decrease in such duties, taxes and levies the same shall become recoverable
from the contractor. The details of such duties, taxes and other levies along with rates shall be
declared by the bidder.
The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST &
GST Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by service
availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor) would be made
only on the latter submitting a Bill/invoice in accordance with the provision of relevant GST Act and
the rules made there under and after online filing of valid return on GST portal. Payment of GST & GST
Compensation Cess is responsibility of the service provider/contractor.
Further, any GST credit note required to be issued by the bidder / contractor under the GST provisions
should be issued within the time limit prescribed under the GST law.
However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under
composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST and/or
GST Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST, if applicable
will be deposited by CIL/Subsidiary directly to concerned authorities in terms with GST provisions.
Input tax credit is to be availed by CIL/Subsidiary as per rule.
If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods
or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and services in
incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns under GST, payment of
CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the tax authorities,
issue of proper tax invoice or any other reason whatsoever, the applicable taxes & cess paid based on
such Tax invoice shall be recovered from the current bills or any other dues of the supplier/vendor
along with interest and penalty, if any.
The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall not
be subject to variations on any account except to the extent variations allowed as per the conditions
of the contract of the bidding document.
The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to
deal with such amount in terms of the provisions of the Statute or in terms of the direction of any
statutory authority and the company shall only provide with certificate towards such deduction and
shall not be responsible for any reason whatsoever.
In case of collection of minor minerals in area (both virgin and non-virgin), acquired by the Company
under the Coal Act, the contractor will have to produce a royalty clearance certificate from the District
Authorities before full and final payment.
Note:
During the execution of the contract if the GST status of the bidder changes, then the payment of GST,
if any, to the contractor will be made as per the GST status declared by the bidder during tender stage
based on which cost to company has been ascertained or at actuals, whichever is lower.
19. Cost of Bidding:
The bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible or liable for those costs.
20. Technical Specifications:
The tenderer shall closely study all specifications in detail, which govern the rates for which he is
tendering.
21. Currencies of Bid and Payment:
The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees only.
22. Handing Over of Site:
On completion of the work all rubbish, debris, brick bats etc. shall be removed by the contractor(s) at
his/their own expense and the site cleaned and handed over to the company and he/they shall
intimate officially of having completed the work as per contract.
23. Deployment of Manpower and Machineries:
The tenderer(s) will deploy sufficient number and size of equipments/machineries/vehicles and the
technical/ supervisory personnel required for execution of the work.
24. Change in Constitution of the Contracting Agency:
Prior approval in writing of the company shall be obtained before any change is made in the
constitution of the contracting agency, otherwise it will be treated as a breach of Contract.
25. Canvassing in Tender:
Canvassing in connection with the tenders in any shape or form is strictly prohibited and tenders
submitted by such tenderers who resort to canvassing shall be liable for rejection.
26. Letter of Acceptance (LOA)/Work Order/Agreement:
The Bidder, whose Bid has been accepted, will be notified /communicated by the Employer
electronically online on the e-procurement portal of CIL prior to expiration of the Bid validity period.
The L-1 bidder will get the information regarding award of work on their personalised dash-board on-
line. On receipt of Letter of Acceptance (LOA)/Work Order of the tender issued by the Company, the
successful tenderer shall execute contract agreement in the company's prescribed form for the due
fulfilment of the contract. Failure to enter into the required contract within the specified period in the
work order shall entail cancellation of LOA/work order and forfeiture of the Earnest Money. In
addition, the department may debar the bidder from participating in future bids for at least 12 months
as per Guidelines on Debarment of firms from Bidding.
27. Bid Validity:
The validity period of the tenders shall be 120(One Hundred Twenty) days from the end date of bid
submission. The validity period of tender shall be decided based on the final end date of submission
of bids.
In exceptional circumstances, prior to expiry of the original time limit, the Employer may request the
bidders (all the responsive tenderers) to extend the period of validity for a specified additional period.
The employer’s request and the bidder’s responses shall be made in writing. A bidder may refuse the
request without forfeiting his bid security. A bidder agreeing to the request will not be required or
permitted to modify his bid.
The tenderer shall not, during the said period or within the period extended by mutual consent, revoke
or cancel his tender or alter the tender or any terms/conditions thereof without consent in writing of
the company. In case the tenderer violates to abide by this, the Company will be entitled to take action
as per clause No.28 (Modification and Withdrawal of Bid) of NIT.
28. Modification and Withdrawal of Bid:
Modification of the submitted bid shall be allowed on-line only before the deadline of submission of
tender and the bidder may modify and resubmit the bid on-line as many times as he may wish. Bidders
may withdraw their bids online within the end date of bid submission and their EMD will be refunded.
However, if the bidder once withdraws his bid, he will not be able to resubmit the bid in that particular
tender. For withdrawal of bid after the end date of bid submission, the bidder will have to make a
request in writing to the Tender Inviting Authority. Withdrawal of bid may be allowed till issue of work
order/LOA with the following provision of penal action:
a) If the request of withdrawal is received before online notification for opening of price bid, the
EMD will be forfeited and bidder will be debarred for minimum 1 (one) year from participating
in tenders in CIL/Subsidiary. The Price-bid of remaining bidders will be opened and the tender
process shall go on.
b) If the request of withdrawal is received after online notification for opening of price bid, the
EMD will be forfeited and the bidder will be debarred for minimum 1 (one) year from
participating in tenders in CIL/Subsidiary. The Price-bid of all eligible bidders including this
bidder will be opened and action will follow as under:
i) If the bidder withdrawing his bid is other than L 1, the tender process shall go on.
ii) If the bidder withdrawing his bid is L-1, then re-tender will be done.
Note:
i) In case of above, a letter will be issued to the bidder by Tender Inviting Authority with the
approval of Tender Accepting Authority (in case Board is Tender Accepting Authority then with
the approval of CMD), stating that the EMD of bidder is forfeited, and this bidder is debarred
for……year from participating in tenders in CIL/Subsidiary. This letter will be circulated to all
Areas and CIL/Subsidiary HQ and the updated list will be maintained by all Tender Inviting
Authority/Evaluators.
ii) Penal action against clause (a) & (b) above will be enforced from the date of issue of such order.
The standard operating procedure to handle withdrawal of bid after end date of submission
shall be as per Clause no 29 (Standard Operating Procedure for Withdrawal of Bid) of NIT.
29. Standard Operating Procedure for Withdrawal of Bid:
I. The Mode of withdrawal: -
38. Restrictions on Procurement from a bidder of a country which shares a land border with India and
on sub-contracting to contractors from such countries:
The guidelines as per order no.F.No.6/18/2019-PPD dt 23/7/2020 of Ministry of Finance, GoI as
amended from time to time shall be applicable.
I. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain context)
means any person or firm or company, including any member of a Joint venture (that is an
association of several persons or firms or companies), every artificial juridical person not falling
in any of the descriptions of bidders stated herein before, including any agency, branch or office
controlled by such person, participating in a procurement process.
III. “Bidder from a country which shares a land border with India” for the purpose of order F.No.
6/18/2019-PPD dated 23.07.2020 means: -
a) An entity incorporated, established or registered in such a country; or
b) A subsidiary of an entity incorporated, established or registered in such a country; or
c) An entity substantially controlled through entities incorporated, established or registered
in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A joint venture where any member of the joint venture falls under any of the above.
IV. “The beneficial owner” for the purpose of (III) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical
person(s), has a controlling ownership interest or who exercises control through other
means.
Explanation-
a) “Controlling ownership interest” means ownership of, or entitlement to more than
Twenty Five Percent of shares or capital or profits of the company;
b) “Control” shall include the right to appoint the majority of the directors or to control the
management or policy decisions, including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner
is the relevant natural person who holds the position of senior managing official.
5. In case of a trust, the identification of beneficial owner(s) shall include identification of
the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest
in the trust and any other natural person exercising ultimate effective control over the
trust through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in dealings
with third person.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
competent Authority.
Note:
1. (a) The intending bidders must submit a Certificate in the Undertaking at Annexure-
III in compliance to order no.F.No.6/18/2019-PPD dt 23/7/2020 and as amended from
time to time of Ministry of Finance, GoI.
AND
(b) Valid registration from competent authority (if applicable). Registration should be
valid at the time of submission of bid and at the time of acceptance of bids.
2. Guidelines issued by GoI regarding registration with Competent Authority and
regarding exclusion from restriction may please be referred.
39. Code of Integrity for Public Procurement (CIPP)
The bidders/ contractors are required to abide the Code of Integrity for Public Procurement (CIPP) as
given in the tender document at Annexure-XV.
40. Any corrigendum/date extension etc. in respect of above tender shall be issued in website
https://coalindiatenders.nic.in only. No separate notification shall be issued in the press. Bidders are
therefore requested to visit our website regularly to keep themselves updated.
41. Integrity Pact
Bidders are required to accept unconditionally the Pre-Contract Integrity Pact in GTE as per enclosed
format, Annexure-XIII.
Name, address, e-mail id and contact No. of the Independent External Monitor (IEM) nominated for
this tender:
SN Name of IEM Address email Id Mobile No.
1 Shri O.P.Singh, IPS M-6, First Floor, ops2020@gmail.c 9818564455
(retd.) Green Park Extension, om
New Delhi - 110016
2 Shri K. D. Tripathi, A-5, Sector-19, Noida, UP - tripathikd.1958@g 9868506966
IAS(Retd.) 201301 mail.com
SECTION-II
(INSTRUCTION TO BIDDER)
INSTRUCTIONS TO BIDDERS
1. SCOPE OF BIDDER
1.1 The Coal India Limited (referred to as Employer in these documents) invites bids for the work(s) as
mentioned in the Notice. The Bidder should submit Bid for all the works mentioned in the NIT.
1.2 The successful Bidder will be expected to complete the Work(s) by the intended Completion period
specified in the Bid document/Notice.
2. ELIGIBLE BIDDERS
2.1 The Invitation for Bids is open to all Bidders including an individual, proprietorship firm, partnership
firm, company registered under Companies Act, any legal entity or joint ventures. The bidders shall
be eligible to participate only if they fulfill the qualifying criteria laid down separately hereinafter.
2.2 Deleted
2.3 Joint Venture: Two or three companies/contractors may jointly undertake contract/contracts. Each
entity will be jointly and severally responsible for completing the task as per the contract
(applicable for bids having estimated cost above Rs.2 Crores).
Joint Venture details:
Name of all partners of a joint venture (not more than 3):
1. Lead partner
2. Partner
3. Partner
Note - The participating share of JV Partners shall be as below;
i) Lead Partner shall have at least 50% participating share in JV.
ii) Other partner(s) shall have at least 20% participating share in JV.
Joint Venture must comply the following requirements:
i) Following are the minimum qualification requirements for Joint Venture
a) The qualifying criteria parameter e.g. experience of the individual partners of the J.V
will be as been deliberated in Notice Inviting Tender ITB towards fulfilment of
qualification criteria related to experience.
b) The qualifying criteria parameter e.g. financial resources (Working Capital) of the
individual partners of the J.V. will be added together, for the relevant period, and the
total criteria should not be less than as deliberated under Notice Inviting Tender
towards fulfilment of qualification criteria related to Working Capital.
ii) The formation of joint venture or change in the Joint Venture character/ partners after
submission of the bid and any change in the bidding regarding Joint Venture will not be
permitted.
iii) The bid, and in case of a successful bid, the agreement, shall be signed so as to legally bind
all partners jointly and severally and any bid shall be submitted with a copy of the Joint
Venture Agreement providing the joint and several liabilities with respect to the contract.
iv) The pre-qualification of a Joint Venture does not necessarily pre-qualify any of its partners
individually or as a partner in any other Joint Venture or association.
v) The bid submission must include documentary evidence to the relationship between Joint
Venture partners in the form of JV Agreement to legally bind all partners jointly and severally
for the proposed agreement which should set out the principles for the constitution,
If a contractor submits his bid qualifies but does not get the contract because of his being not the
lowest, he will be prohibited from working as a sub-contractor for the contractor who is executing
the contract.
The Contract Agreement will specify major items of supply or services for which the contractor
proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose
any addition or deletion from any such list and will submit proposals in this regard to the Engineer-
in–Charge/Designated Officer in charge for approval well in advance so as not to impede the
progress of work. Such approval of the Engineer-in-Charge / Designated Officer in Charge will not
relieve the contractor from any of his obligations, duties and responsibilities under the contract.
3. QUALIFICATION OF THE BIDER
3.1 The bidders shall be required to submit bid with all the information as sought online along with
required documents.
3.2 Deleted
3.3 Deleted
3.4 If the bidder is a subsidiary of a company, the experience and resources of the holding company or
its other subsidiaries will not be taken into account. However, if the bidder is a holding company,
the experience and resources of its wholly owned subsidiaries will be taken into consideration.
3.5 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified:
i) if they have made misleading or false representations in the forms, statements and
attachments submitted as proof of the qualification requirements.
ii) On account of currency of debarment as applicable.
4. ONE BID PER BIDDER
4.1 Each Bidder shall submit only one Bid, either individually, or as a proprietor, or as a partner in a
partnership firm or as a partner in a joint venture or as a Company registered under Companies
Act. A Bidder who submits or participates in more than one Bid (other than as a sub-contractor or
in cases of alternatives that have been permitted or requested) will cause all the proposals with
the Bidder's participation to be disqualified.
Earnest Money deposited by defaulting Bidders shall be forfeited and they shall be debarred from
participating in future tenders in concerned Subsidiary/CIL HQ for a period of 12(twelve) months
from the date of issue of such letter. In case of JV/Partnership firm, the debarment shall also be
applicable to all individual partners of JV/Partnership firm.
5. COST OF BIDDING
5.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the
Employer will in no case be responsible or liable for those costs.
6. SITE VISIT
6.1 The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit and examine the
Site of Works and its surroundings, approach road, soil condition, investigation report, existing
works, if any, connected to the tendered work, drawings connected to the work, if/ as available
and obtain all information that may be necessary for preparing the Bid and entering into a contract
for execution of the Works. The costs of visiting the Site shall be at the Bidder's own expense.
6.2 It shall be deemed that the Bidder has visited the site/area and got fully acquainted with the
working conditions and other prevalent conditions and fluctuations thereto whether he actually
visits the site/area or not and has taken all the factors into account while quoting his rates.
6.3 The bidder is expected, before quoting his rate, to go through the requirement of materials/
workmanship, specification, requirements and conditions of contract.
6.4 The bidder, in preparing the bid, shall rely on the site investigation report referred to in the bid
document (if available), supplemented by any information available to the bidder.
7. CONTENT OF BIDDING DOCUMENTS
7.1 The set of bidding documents comprises the documents listed in the table below as issued online
by the Employer and addendum/corrigendum issued in accordance with relevant provision.
a) Notice Inviting
b) Tender Instructions to Bidders;
c) Conditions of Contract;
d) Scope of work/Bill of Quantities;
e) Forms of Securities and form of Article of Agreement.
f) Pre contract Integrity Pact (if applicable)
g) User portal Agreement
h) Guidelines on Debarment of firms from Bidding
i) Code of Integrity for Public Procurement (CIPP)
j) Other document, if required.
8. CLARIFICATION OF BIDDING DOCUMENTS
8.1 The bidder may seek clarification on-line within the specified period. However, the management
will clarify as far as possible to the relevant queries.
8.2 The pre-bid meeting if applicable shall be held in the office of Tender Inviting Authority, on the
scheduled date & time, if specified in the NIT. The purpose of the pre-bid meeting is to clarify the
issues and to answer the questions on any matter that may be raised at that stage. Non-attendance
at the pre-bid meeting will not be a cause for disqualification of bidder and it shall be presumed
that the bidder does not require any clarification. The management shall circulate proceedings of
the pre-bid meeting, if held
9. AMENDMENT OF BIDDING DOCUMENTS
9.1 Before the deadline for submission of Bids, the Employer may modify the bidding documents by
issuing addenda.
9.2 Any addendum thus issued shall be part of the bidding documents and shall be displayed in the
website.
9.3 To give prospective Bidders reasonable time in which to take an addendum into account in
preparing their Bids, the Employer may extend, as necessary, the deadline for submission of Bids,
in accordance with Sub clause 18.2 below.
9.4 Bidders are requested to look into website for any addendum as specified in the NIT.
NOTE:-Instructions to bidders shall not incorporate this provision in the Bid for normal civil
engineering works.
10. LANGUAGE OF BID
10.1 All documents relating to the Bid shall be in the English language.
by the Bidder. Applicable GST, if any, either payable by bidder or by company under reverse change
mechanism shall be computed by system in BOQ sheet as per predefined logic.
All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and plants
etc. as may be attendant upon execution and completion of works shall also be included in the
rates, prices and total Bid price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid
and/or any increase over the rate existing on the last date of submission of Bid shall be reimbursed
by the company on production of documentary evidence in support of payment actually made to
the concerned authorities.
Similarly, if there is any decrease in such duties, taxes and levies the same shall become recoverable
from the contractor. The details of such duties, taxes and other levies along with rates shall be
declared by the bidder.
The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST
& GST Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by
service availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST payable by bidder/contractor)
would be made only on the latter submitting a Bill/invoice in accordance with the provision of
relevant GST Act and the rules made there under and after online filing of valid return on GST
portal. Payment of GST & GST Compensation Cess is responsibility of the service
provider/contractor.
Further, any GST credit note required to be issued by the bidder / contractor under the GST
provisions should be issued within the time limit prescribed under the GST law.
However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under
composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST
and/or GST Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST, if
applicable will be deposited by CIL/Subsidiary directly to concerned authorities in terms with GST
provisions.
Input tax credit is to be availed by CIL/Subsidiary as per rule.
If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital
Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and
services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant returns under GST,
payment of CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice to the
tax authorities, issue of proper tax invoice or any other reason whatsoever, the applicable taxes &
cess paid based on such Tax invoice shall be recovered from the current bills or any other dues of
the supplier/vendor along with interest and penalty, if any.
Note:
During the execution of the contract if the GST status of the bidder changes, then the payment of
GST, if any, to the contractor will be made as per the GST status declared by the bidder during
tender stage based on which cost to company has been ascertained or at actuals, whichever is
lower.
12.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall
not be subject to variations on any account except to the extent variations allowed as per the
conditions of the contract of the bidding document.
13. CURRENCIES OF BID AND PAYMENT
13.1 The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees.
15.9 In case the tender is cancelled then EMD of all the participating bidders will be refunded unless it
is forfeited by the department.
15.10 If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender) then
his/her EMD will be refunded automatically after the opening of tender.
16. SIGNING OF BID
16.1 The contractors bid will be digitally signed by DSC holder submitting bid online and it does not
require any physical signature. However, if the Contractor’s bid bears the physical signature in
addition to the digital signature of DSC holder, it will be accepted without questioning the identity
of person singing the bid.
16.2 If the bidder himself is the DSC holder bidding on-line then no document is required. However, if
the DSC holder is bidding online on behalf of the bidder then the Power of Attorney or any sort of
legally acceptable document for the authority to bid on behalf of the bidder is required.
17. Deleted
18. DEADLINE FOR SUBMISSION OF BIDS
18.1 Bids shall be submitted online on the e-procurement portal of CIL within the stipulated date and
time.
18.2 The Employer may extend the deadline for submission of Bids by issuing a corrigendum or an
amendment, in which case all rights and obligations of the Employer and the Bidders previously
subject to the original deadline will then be subject to the new deadline.
18.3 If number of bids received online is found to be less than 03(three) on end date of bid submission
then the following critical dates of the Tender will be automatically extended for a period of four
days ending at 17.00 hrs:
Last date of submission of Bid
Last date of receipt of EMD
Date of opening of Tender
If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in the e-
Procurement Portal then the same is to be rescheduled to the next working day.
This extension will be also applicable in case of receipt of zero bid.
Notes:
1. The validity period of tender should be decided based on the final end date of submission of
bids.
2. The auto extension shall work on the basis of number of bids received only. (It may so
happen that any of these bids may be eventually rejected during Tender Opening, Technical
evaluation or further process of evaluation resulting the total number of valid bids becoming
less than three.)
3. After extension, the tender shall be opened irrespective of available number of bids on the
extended date of opening of tender.
19. LATE BIDS
19.1 No Bid shall be received by the e-procurement portal after the deadline or the extended deadline,
as the case may be.
20. MODIFICATION AND WITHDRAWAL OF BIDS
20.1 Deleted
c) whose rectification would affect unfairly the competitive position of other Bidders
presenting substantially responsive Bids.
24.3 If a Bid is not substantially responsive, it may be rejected by the Employer at its sole discretion.
25. Deleted
26. EVALUATION AND COMPARISON OF BIDS.
26.1 The Employer will evaluate and compare only the Bids determined to be substantially responsive
in accordance with Clause 24. Price bid of the bidder will have no condition.
The price bid which is incomplete and not submitted as per instruction given in the bid document
will be rejected.
26.2 The evaluation of Bid, by the Employer shall be done as per Bid Prices as submitted by the Bidder
in online Mode and subsequently downloaded from the e-procurement portal of CIL.
26.3 The Employer reserves the right to accept or reject any Bid not conforming to the requirements of
the Bidding documents.
26.4 No document presented by the bidder, after closing date and time of bid, will be taken into account
by the evaluation committee unless otherwise called for during scrutiny / technical scrutiny by the
tender committee as clarification. This however, will have no bearing with the price quoted in the
price bid. If a bidder offers a rebate unilaterally after the end date and time of the bid submission,
it will not be taken into account for evaluation purpose by the tender committee. But if that bidder
emerges as the lowest evaluated, the rebate offer will be taken into account for determination of
the total offer.
26.5 Bid evaluation shall be done after taking into consideration overall quoted price by the bidder and
effect of Goods and Services tax (GST), GST Compensation Cess etc. as applicable. L1 will be decided
based on cost to the company.
26.6 If the bid of the successful bidder is seriously unbalanced in relation to the estimate of the cost of
work to be performed under the contract, the company may require the bidder to produce detailed
price analysis for any or all items of the Bill of quantities to demonstrate the internal consistency
of these prices with the construction method and the schedule proposed.
27. ABNORMALLY HIGH RATE & ABNORMALLY LOW RATE ITEMS.
PROVISIONS FOR DEALING WITH VARIATIONS IN RESPECT OF ABNORMALLY HIGH RATE AND
ABNORMALLY LOW RATE ITEMS.
The abnormally high rate items are those whose quoted rates are more than 20% of the justified
rates decided by the owner.
The abnormally low rate items are those whose quoted rates are less than 20% of the justified rates
decided by the owner.
In case of Item Rate Tenders, the revision of rates for (i) abnormally high rate items and (ii)
abnormally low rate items, shall become operative under the following circumstances: -
For increase in quantity of more than 25% in respect of works executed below plinth level and 10%
in respect of works executed above plinth level.
Quantity variation beyond the limit mentioned above shall be dealt by arriving at new rate based
on prevalent market rate of materials and labour analysed as per standard analysis of rate of
CPWD/NBO. Payment of extra quantity over the permitted quantity as explained above would be
made on the basis of the new analysed rate.
The variation in quantity of abnormally low rate items for item rate tenders shall not be permitted
below 25% for the items below plinth level and below 10% for the items above plinth level of the
agreement schedule quantity, but in exceptional cases with written consent of Engineer-in-Charge
arising out of technical necessity.
The above provisions shall be applicable for item rate tenders only and not applicable for
percentage rate tenders for works based on standard schedule of rates of the company.
For the purpose of operation, the following works shall be treated as works related to foundation,
unless otherwise defined in the contract.
a. For Buildings: All works up to 1.2 metres above ground level or up to floor 1 level whichever
is lower.
b. For abutments, piers and well steining : All works up to 1.2m above the bed level.
c. For retaining walls, wing walls, compound walls, chimneys, overhead reservoirs / tanks and
other elevated structures: all works up to 1.2 metres above the ground level.
d. For reservoirs / tanks (other than overhead reservoirs / tanks): All works upto 1.2 metres
above the ground level.
e. For basement : all works up to 1.2m above ground level or up to floor 1 level whichever is
lower.
f. For Roads, all items of excavation and filling including treatment of sub base.
28. AWARD CRITERIA
28.1 Subject to Clause 29, the Employer will award the Contract to the Bidder whose Bid has been
determined to be substantially responsive to the Bidding documents and who has offered the
lowest evaluated acceptable Bid Price, provided that such Bidder has been determined to be:
a) eligible in accordance with the provisions of Clause 2; and
b) qualified in accordance with the provisions of Clause 3.
29. EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO REJECT ANY OR ALL BIDS
29.1 Notwithstanding Clause 28, the Employer reserves the right to accept, negotiate or reject any Bid,
and to cancel the bidding process and reject all Bids, at any time prior to the award of Contract,
without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform
the affected Bidder or Bidders of the grounds for the Employer's action.
30. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT
30.1 The Bidder, whose Bid has been accepted, will be notified /communicated by the Employer
electronically online on the e-procurement portal of CIL prior to expiration of the Bid validity
period. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance")
will state the sum that the Employer will pay the Contractor in consideration of the execution and
completion of the Works by the Contractor as prescribed by the Contract (hereinafter and in the
Contract called "the Contract Price"). The offline communication of LOA shall not be mandatory.
30.2 The notification of award (LOA/Work Order) will constitute the formation of the Contract.
The works should be completed as per period specified in the NIT from the Date of Commencement
as defined in Clause 6.0 of General Terms and Condition.
30.3 The Agreement will incorporate all agreements between the Employer and the successful Bidder,
work programme etc. within 30(thirty)days following the notification of award along with the letter
of Acceptance and / or Work Order issued by department.
In case of failure to enter in to agreement within specified period or extended period on the written
request of the bidder, if any, the department will take action as prescribed in Guidelines on
Debarment of firms from Bidding along with forfeiture of Earnest Money. The bidder will also
debarred from participating in re-tender.
No payment for the work shall be made before execution of this agreement.
30.4 In the bidding process, the cause of rejection of Bid of any bidder shall be intimated to non-qualified
bidder online and the Earnest Money shall be refunded to unsuccessful bidders as per relevant
clauses.
30.5 The contractor shall enter into and execute contract agreement in the prescribed form on non-
judicial stamp paper in accordance with the relevant law of the State/Union of India. The cost of
the stamp papers for the contract agreement shall be borne by the contractor. Two sets of contract
document/agreements shall be prepared and signed by both the parties One of the sets shall be
stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the contractor
free of cost and the original is to be retained by the company. For any additional copy, additional
cost to be charged.
All additional copies should be certified by the Engineer-in-Charge.
The contractor shall keep copy of these documents on the site/place of work in proper manner so
that these are available for inspection at all reasonable times by the Engineer-in-charge, his
representatives or any other officials authorized by the company for the purpose.
The contract document shall not be used by the contractor for any purpose other than this contract
and the contractor shall ensure that all persons employed for this contract strictly adhere to this
and maintain secrecy, as required of such documents.
31. PERFORMANCE SECURITY/SECURITY DEPOSIT
31.1 Security Deposit shall consist of two parts;
a. Performance Security to be submitted at award of work and
b. Retention Money to be recovered from running bills.
The security deposit shall bear no interest.
For details refer cl.4 of General Terms of Conditions.
32. EMPLOYMENT OF LABOUR
32.1 Contractors are to employ, to the extent possible (as per policy decision of the company valid from
time to time), local project affected people and pay wages not less than the minimum wages as
per minimum Wages Act or such other legislations or award of the minimum wage fixed by
respective State Govt. or Central Govt. as may be in force.
Payment of Provident Fund for the workmen employed by him for the work as per the Law
prevailing under provision of CMPF/EPF and allied scheme valid from time to time shall be
responsibility of the contractor.
The contractor needs to ensure that the employee has become a member of any of the provident
fund as the case may be and the unique membership number of the CMPF/EPF or Allied Scheme
needs to be submitted to Employer.
In addition to the above, the Contractor shall provide a copy of the updated passbook having entry
made in the CMPF/EPF or Allied Scheme(s) of Provident fund as the case may by the competent
authority annually /as and when asked. Bidder shall also submit copies of statutory returns.
32.2 The bidder shall also comply with statutory requirements of various acts including CL(R&A) Act.
SECTION - III
(SCOPE OF WORK)
SCOPE OF WORK
overflow Tank, 27,000 Ltr of Untreated gray water reservoir and 27,000 Ltr Capcity of
treated Grayed water) & RO tank cleaning (3X5000 Ltr R.O. Water Tank), Approx.
16,00,000 Ltr. capacity Rain Water Harvesting Tanks (2 nos.), 40,000 Ltr Fire Fighting tank
at roof top and 4 Nos Recharge PIT, Overhead tank near security gumty at gate no.1,2 &4
(3x500 Ltr.) (Total Volume of tank needs to be cleaned: 2121500 Ltr, Quantity = 2121.50/6
= 353.58 KL per month) Take 354KL per month
Frequency of tank cleaning shall be once in every six months.
(v) Quarterly cleaning of rainwater catch pits in CIL Office and Residential Complex.
(vi) Pantry Services:
(a) For feeding consumables in vending machines placed at every floor (before 10.00
am on working days):
Vending M/c placed: 8 nos., i.e., 1 in each floor (including Ground floor) except 8th
floor) in CIL Office Block, and 4 nos. in CIL Corporate Block. Tea /Coffee
consumables including Cup will be supplied by CIL.
(b) Pantry service for serving Tea/Coffee & Snacks/Food etc to VIPs’ Chamber, Meeting
Room etc. as and when required. (Food & Beverages to be supplied by CIL).
(vii) Auditorium Hall:
Daily Services:
(a) Regular cleaning and maintenance of 3-inch-thick Burma Teak Wooden Stage Floor
with 2 nos. portable podium using vacuum cleaner, brush/cotton/cloth, chemical
cleaners etc. as and when required as per direction of engineer-in-charge.
(b) Regular Cleaning of Carpets (Dynasty Velvet Deluxe) inside Hall, passage etc., using
vacuum cleaner, brush/cotton/cloth, chemical cleaners etc. and using pesticides
for- carpets/floor mattress, and using room fresheners/ rat killers etc. All soot
falling of surface are to be cleaned by the agency. Any other works related with the
maintenance jobs is to be taken over by the agency (twice in a month).
Weekly Services:
(a) Maintenance of chairs to be checked thoroughly for its fitness, the defects to be
repaired/ serviced like loose handles, misalignments, legs acquittal from floors etc.
Cleaning of chairs by vacuum cleaner/brush/cotton/cloth and other tools etc,. All
spares like handles, screws, anchor fasteners nuts & bolts etc. for the maintenance
of chairs to be supplied by the Agency. Service shall be done once in a month and
also before and during occasion days as per requirement.
Monthly Services:
(a) Cleaning and maintenance of 18 mm thick acoustic marble wall lining in two side
walls of auditorium with SS stud caps at top and bottom of 600 mm height marble
stones using vacuum cleaner, brush/cotton/cloth, chemical cleaners etc.
(b) Cleaning and maintenance of 50 mm thick acoustic marble wall lining in back stage
and control room walls of auditorium with SS stud caps at top and bottom of 600
mm height marble stones.
(c) Cleaning and maintenance of Cat walk 600 mm- 900 mm wide above ceiling which
includes checking of stability from safety point of view (once in a month).
(d) Periodical check-up, cleaning and maintenance of stage light sets, patch panel,
dimmers, line terminals, terminal lamps, Gondola, Control Room, all light bars,
terminal boxes and check up their movement including all lugs and sockets. Oiling
and greasing of gears of dimmers controls including providing all required spares
such as holder, Terminal, Fader, Indicator Fuse, MCB, Top Socket, Toggle Switch,
Resistance Capacitor, Transistor for internal wiring, auditorium’s general light
sound system, projection, video conferencing system and DMX control units, all
complete. Details of equipment’s to be maintained are as follows: -
(xviii) LCD screen with moving head camera with stand No. 1
(e) Cleaning of all curtains, frills, wings, Cyclorama etc. by vacuum cleaner and again
to set up the same in position. Cleaning, oiling and greasing of all mechanical part
of curtains, frills, wings etc. in different height for free/smooth
movement/operation. Cleaning, oiling, greasing and testing of all counter line,
pulleys, rope, carriage locks etc. during maintenance. Maintenance of curtain
motor, gear and electrical panel, wiring, fuse, switch etc. Number of items to be
maintained are as follows:
(vii) First, second and third light bar including light sets (having avg.
light) No. 3
(iii) Washing of all the urinals, closet and wash basins with mild soap solution/ cleaning
solutions. Ensuring the shine on the mirror throughout the day by periodic cleaning
using glass cleaner.
(iv) Replace toiletries such as fresheners, freshening cake at urinals, liquid soap, tissue
papers etc. as and when required.
(v) Clean all toilet fixtures and fittings
(vi) Clearing of dustbins in the toilets periodically.
(vii) Change of urinal cartridge as & when required (Cost for urinal cartridge will be
reimbursable as described in BOQ)
Note: - Supply of all the following cleaning ingredients required for above up-keeping services
shall be in the scope of the contractor and required to be approved by E-I-C or his
representative.
Cleaning Agents & Chemicals including Alpha-HP Crow, Glance-na, room freshener, A1 Cube,
etc. or equivalent, all other slandered Green Chemicals scented Phenyl Detergent Powder like
Wheel, Vim or equivalent , Air Purifier like Odonil or equivalent, Cleaning Agent like Harpic or
equivalent Bleaching Powder, Air Purifier cake like Odonil or equivalent , Good quality Liquid
Shop for hand wash, Soft Broom, Floor Duster, Table Duster, Glass Duster, Yellow Duster, Wall
Broom, MOP, Brasso, Feather Duster, Commode Brush, Broom Stick, Rubber pump with handle,
Wiper Toilet Paper etc. or ANY OTHER materials related with above work.
C. Staircases & Fire staircases:
(i) Sweeping of all the staircases and common landings.
(ii) Removal of dust etc. from the skirting top.
(iii) Ensuring that all the fire signage are cleaned by dusting and using a mild wet mop
as and when needed.
(iv) Cleaning of all the fire escape doors.
(v) Cleaning of all the ceilings and wall for dust, cobwebs etc.
(vi) Thoroughly wipe all door handles, latches, tower bolts, etc.
(vii) Always keep the staircases free for movements
D. Floors /Walls
(i) Sweeping and mopping of all the floors, Passages, Canteen, Auditorium, Gate &
Security Room etc including terrace.
(ii) Ensuring that all the glass doors, glass partitions and furniture’s (Tables, Chairs,
cabinets, etc.) are stain free and shining throughout the day by using standard
make cleaning solutions.
(iii) Ensuring that the walls and ceilings for free from dust, cob web etc.
E. Basements & All service Rooms:
(i) Removal of grease and dirt stains from the surfaces.
(ii) Cleaning of machine rooms and other sensitive areas floors, walls and ceilings (in
the presence of the operators in these areas).
(iii) Cleaning of the car park area
(iv) Cleaning of IBMS Room, Sub- Station, HVAC Plant area, Pump area, AHU area and
other services without affecting the operation of the equipment and in presence
of specialized operators responsible for the job.
F. Surroundings:
(i) Removal of all litter, mud, dust etc. within the periphery of the building as and
when felt necessary during the day.
(ii) Taking necessary precautions to maintain the entrance of the building clean.
3. WEEKLY SCHEDULES:
(i) Cleaning of building periphery, driveways, car park area and roads by Jet pressure
machines
(ii) Thorough scrubbing and buffing of floors by scrubbing machine. Attention should be
made that the floor retains its shine and remains clean. Any defects appearing on the
flooring or anywhere in the buildings will be immediately reported to the authority and
to be rectified.
(iii) Cleaning of all the vertical surfaces- marble/granite/tiles thoroughly with and approved
solutions to ensure cleanliness.
(iv) Cleaning of the top terrace area of the building once in a week or as & when required.
(v) Cleaning of signboards & Signage.
Note:
(i) All Areas mentioned above has to be cleaned & maintained in such a fashion so that the
entire complex is in tip top condition.
(ii) All consumables, dust bins, mops and cleaning machinery & plants etc. are to be provided
by the contractor.
(iii) All safety precautions are to be followed. Proper cleaning and housekeeping work signage
are to be used when such work is in progress as per the requirements
(iv) Wherever needed, mechanized cleaning is to be done.
(v) To the extent possible, environment friendly cleaning reagents are to be used.
(vi) Any other cleaning apart from the above mentioned scope, which is necessary to be
carried out on an as and when required basis directed by engineer-in-charge shall be
carried out by the agency.
4. SCOPE OF WASTE MANAGEMENT SERVICE.
(i) Garbage Disposal on daily basis from all the floors including canteen, auditorium,
basement, path way, roads (entire roads of CIL Office and Residential Complex), etc to
centralised waste storage area within the complex for collection by government body.
(ii) To Keep dump area reasonably in a clean condition.
(iii) Garbage segregation needs to be followed before disposal. Any credit received by the
contractor on account of scrap or recyclable waste shall be passed on to CIL. This amount
shall be recovered from the RA Bills. The contractor shall maintain the record of such
credit received on account of scrap/recyclable waste, and the same shall be produced to
CIL.
(iv) Garden waste generated due to Horticultural Works shall be disposed off by the
contractor at designated area decided by local government body. It shall be the
responsibility of the contractor to ensure that the garden waste is disposed.
5. SCOPE OF RECEPTION MANAGEMENT SERVICE (during office hours):
(i) To Greet persons visiting the office.
(ii) Assist them in registration.
(iii) Documentation of Visit.
(iv) Issue them visiting pass/card.
(v) Collect the visitor’s pass after the scheduled visit and record the exit of the visitor.
(vi) Take all maintenance complaints and accordingly forward it to facility manager for
rectification.
6. OPERATION & MAINTENANCE OF IBMS – (24Hrs x365 days)
(i) Operation/Maintenance, monitoring of IBMS linked services like HVAC, Split ACs,
Firefighting systems, CCTV, Kitchen Equipment, Solar Generation, & recording of
Biometric Attendance etc.) and reporting to the Authority of Civil Department.
7. SCOPE OF ELECTRO-MECHANICAL SUPPORT SERVICE
(A) Electrical Operations and Maintenance:
Weekly 6 days @ 3 shifts daily.
(i) General Maintenance
(a) Checking serviceability of lamps, tubes, switches, electrical boards, plugs etc.
regularly & replacement where necessary.
(b) Replacement / Repairing of conduits, wiring & Electrical Panel.
(c) Checking serviceability of lamps in street lighting poles, garden lighting, fencing
lighting, façade lighting etc and replacement if necessary.
(d) Periodical checking of earth pit. Checking earth resistance by instrument.
Tightening of nuts and bolts, cleaning of all joints.
(e) Attending any types of breakdown for restoration of services on war footing.
(f) Taking regular meter reading, maintaining register for various records, if necessary.
(ii) DG sets & Sub-Station Operations, Cleaning and Preventive Maintenance:
Weekly 6 days @ 2 shifts daily.
(a) Operation and day-to-day Maintenance of DG sets which includes Cleaning of
Engine & Alternator of DG sets, Periodical cleaning of Air Filter, Oil Filter, Fuel Filter,
checking of radiators, pumps etc. & replacement of filter units whenever
necessary. Regular inspection of level of lubrication oil, Diesel etc. Periodical Test
running on both load & un-load condition. Maintaining log book. Monitoring the
consumption of H.S.D, Lube Oil etc. & Re-filling it if necessary.
(b) Regular checking of battery voltage and adding distilled water if required and, if
necessary; tightening of terminal on batteries and the engine. Day to day
Maintenance as per the OEM’s recommendations.
(c) Checking of Transformer, Circuit breaker, control panels, LT bus bar with coupler,
cable connection & joints, etc. and rectifying the same. Checking of insulation &
temperature rise by instrument.
(iii) Public Address system checking and maintenance – General Shift excluding Auditorium.
(a) Regular visual checking of the installation for proper connection, routing and
continuity.
(b) Weekly check for proper operation.
(c) Weekly check of inventories of the PA system.
Note: Prior to conference/ meeting the address system of the particular room/rooms should be
checked for proper operation.
8. PLUMBING, WTP, BORE WELL & RO SERVICE
Weekly 6 days @ 2 shifts daily.
(a) Checking for water pumps and accessories, water level in the overhead / underground
tanks.
(b) Checking for rain water shafts, toilet shafts for leakage and blockage and rectification of
the same.
(c) Cleaning of all tanks and boreholes.
(d) To ensure that all sumps are maintained clean at all times.
(e) Checking of all toilets and toilet fittings for loose connections, leakage etc. & rectify it &
including replacing Urinal Cartridge as & when required.
(f) Cleaning of external drain periodically.
(g) Ensure adequate water supply to various drinking water outlets and toilets.
(h) Day to Day Checking & Operation of Water Treatment Plant & RO Plant.
(i) Servicing once in a year for one no. Oxidation Chamber (capacity 25 cum per hour), 2 Nos
Iron removal filter (capacity 10 -15 cum per hour) and 2 nos Softener (Capacity 10-15 cum
per hour)
(j) Pouring anti scaling Chemical at Reverse Osmosis (R.O.) Plant for treatment of water as
and when required.
(k) Replacing Jumbo Cartridge of HYDRO WOUND make or equivalent for RO Plant twice in a
year.
(l) Charging of Salt (NaCl) in vessels for treatment of water Daily.
(m) The Plumber will remain available in both the shifts in getting required supply of water
and will attend emergency plumbing needs. For any defect, he will ensure rectification of
the defect.
9. CARPENTRY-CUM-GLAZIER SERVICE (General Shift)
(a) Maintenance of wooden/aluminium/Glass structures/fixtures/doors/windows by
checking through regular walkthrough by identifying the defects and rectification.
(b) Monitoring, repair and replacement of damaged false ceiling, glass panes, etc.
(c) Repair/replacement of handles and locks.
(d) Maintenance of all signage’s.
One of the technical supervisors shall have sound knowledge civil works, measurements and SOR
items related to execution and keeping accounts, for smooth running of Facility Management
Services.
14. PEST CONTROL SERVICES IN CIL OFFICE AND RESIDENTIAL COMPLEX:
A. Pest Control for CIL Office Complex:
Integrated Pest Control Services for insecticides (mosquitoes, bugs, cockroaches,
silverfish, termites, spider, mice, rat etc.) by spraying with the residual chemical which
are safer and last longer as per approved Manufacturer i.e.
Bayer/Macthesimagan/Arbuda or equivalent, by a hand operated pressure pump as per
manufacturers specification on wall surface, celling, electrical fixture, electrical lines for
the protection of useable materials for the following areas (including extra Services 'as &
when' Required).
(a) Spraying for adult mosquito on Floor, wall & Drains of basement (6400 Sqm) -
Twice in every month by using CYPERMETHIN / DELTAMETHRINE (Odourless).
(b) Fogging / ULV spraying at basement & Periphery of Complex / External Premises of
office building (13700 Sqm area approx.) in the evening - Twice in every week
against adult mosquito by using DELTAMETHRINE (KING FOG) (OIL BASED).
(c) Indoor residual treatment (All Floors: Approximate area 18000 Sqm) with spray for
adult mosquito - Four times in every month by using Fipronil (SC Formulation)/
DELTAMETHRINE (Aqua base spray) (Odourless).
(d) Treatment against Cockroach & Ant's ( All rooms including all possible hiding
places, Specially at Pantry, in the Office Building ) - Once in every month by using
Di-sodium Octaborret Tetrahydrate / Fipronil (Gel Formulation).
(e) Pest covered for Rodent, Mice etc. at all possible entry points of ground floor &
basement - Twice in month by using Bromadiolone Cakes (0.005%) / Nontoxic Glue
Boards / Zinc Phosphate.
(f) Mosquitoes (Anti larval only) & Flies - Once in every fortnight at Drain, Manhole &
Staged water of Basement and Outside Office Building by using BTI (Harmless)/
PHENTHION.
B. Pest Control for CIL Residential Complex:
Integrated Pest Control Services for insecticides (mosquitoes, bugs, cockroaches,
silverfish, termites, spider , mice, rat, snakes, etc.) by spraying with the residual chemical
which are safer and last longer as per approved Manufacturer i.e. Bayer /
Macthesimagan/Arbuda or equivalent, by a hand operated pressure pump as per
manufacturers specification on wall surface, ceiling, electrical fixture, electrical lines for
the protection of useable materials for the following areas (including extra Services 'as &
when' Required).
(a) Fogging / ULV spraying at basement& periphery of Complex / External Premises of
office building (45371 Sq. Mt. area approx.) in the evening - Twice in every week
against adult mosquito by using DELTAMETHRINE (KING FOG or equivalent) (OIL
BASED).
(b) Indoor residual treatment All Floors with spray for adult mosquito - Four times in
every month by using Fipronil (SC Formulation) / DELTAMETHRINE (Aqua base
spray) (Odourless). (6781 Sq. Mt. area approx.)
(c) Treatment against Cockroach & Ant's (All rooms including all possible hiding places,
specially at Pantry, Kitchen, Toilets) - Once in every month by using Di-sodium
Octaborret Tetrahydrate / Fipronil (Gel Formulation). (6781 Sq. Mt. area approx.)
(d) Pest covered for Rodent, Mice etc. at all possible entry points of ground floor &
surrounding premises - Twice in month by using Bromadiolone Cakes (0.005%) /
Nontoxic Glue Boards / Zinc phosphide.
(e) Mosquitoes (Anti larval only) & Flies - Once in every fortnight at Drain, Manhole &
Staged water of Basement and Outside Office Building by using BTI (Harmless) /
PHENTHION. (45371 Sq. Mt. area approx.).
(f) Snake repellent service using repellent granules and carbolic acid at periphery of
the building premises. (45371 Sq. Mt. area approx.).
Apart from the frequency of services mentioned in the Bill of Quantities (for both CIL
Office and Residential Complex), all other Pest Control requirements on an as and when
required basis shall be catered to depending on site requirement. The rate in the Bill of
Quantities includes cost of such extra services if any, based on site requirement. No
additional payment shall be made for such extra services.
15. HORTICULTURE WORKS:
During the contract period, the garden premises and entire CIL Office and Residential Complex
shall be kept clean, spick and span to the satisfaction of Engineer-in-charge. Maintenance of
entire garden features (hedge, lawn, trees, shrubs, seasonal beds and all other features) of CIL
Office and Residential Complex, scope of which includes the following:
i. Regular watering of plants, seeds, seedlings, saplings, lawn, etc.
ii. Regular weeding of unwanted plants to keep the lawns and other green features, free
from weeds.
iii. Application of manure to plants, trees, shrubs, hedges, beds, etc. as and when
required or as per the instruction of Engineer-in-charge.
iv. Regular lawn mowing by motorized/petrol driver lawn mower (of honda or equivalent
make) and brush cutter as per the direction of Engineer-in-charge. At any point of
time, the height of grass shall not be more than 2 inch. Lawn mowing shall be done AT
LEAST twice in a month and the frequency of lawn mowing shall be increased as
instructed by the Engineer-in-charge, especially during the monsoons. The agency
submitting its bid should take this factor into consideration and hence must ensure
adequate and timely supply of petrol for lawn mowing and brush cutting purpose.
Any other requirement like mobil, 2T oil, brush cutter wire, etc., required shall be
provided on time, by the agency, as instructed by the engineer-in-charge.
v. Regular hedge trimming shall be carried out at an interval of ten days (in summer and
winter season) and at an interval of 5 to 7 days (in rainy season). The agency shall
ensure that the hedge be in correct shape.
vi. Replacement of withered trees, plants, shrubs, hedges, etc in ground and in pots,
within time.
vii. Regular trimming of plants, trees and shrubs. Frequency shall be as directed by
Engineer-in-charge.
viii. Supplying good earth/manure to potted plants as well as plants on ground in a timely
manner. Frequency shall be as directed by Engineer-in-charge.
ix. Removal of dried leaves and branches of trees and plants and disposing the garden
waste thereof.
x. Spraying insecticides, pesticides, and fungicides of equivalent approved brand as
specified by as and when required and advised by Engineer-in-charge.
xi. Potting, repotting and painting of pots. For painting earthen pots, the agency shall
ensure supply of adhesive (fevicol) which would be mixed with Red Oxide Powder
(Snowcem of Tata or equivalent brand) to achieve longevity. Cleaning of brass pots on
a regular basis using brasso or equivalent chemical. If directed by engineer-in-charge,
the agency may also have to apply synthetic paint on the exterior surface of the potted
plants of desired colour and make.
xii. Vegetative plant propagation by means of grafting, cutting, etc., as directed by
Engineer-in-charge.
xiii. Maintenance of nursery on a regular and/or as and when required basis, as per
direction of Engineer-in-charge.
xiv. For maintenance of rose bed, agency shall be responsible for:
1. Replacement of dead plants with new rose saplings.
2. Regular pruning as well as plucking of dry flowers without damaging the plants.
3. Regular weeding of rose plant basins, to keep it free from weeds.
4. Spraying and dusting of insecticides/pesticides as and when required depending
on the magnitude of infection.
xv. For maintenance of kitchen garden, the agency shall be responsible for preparation of
beds, manuring, hoeing, weeding and planting of vegetable seeds and seedlings on
time, including spraying of insecticide and pesticide and harvesting as per direction on
Engineer-in-charge.
xvi. Cleaning of water bodies like fountain, ponds, fish ponds and all other such features
of CIL Residential Complex. Scope also includes supply of fish meal (if required). The
fountain in the tennis court area shall be cleaned one in a month, or as directed by
Engineer-in-charge. The agency shall make necessary arrangements for the same, like
pump, pipe, cleaning agents to be used to clean the fountain tank/pond, etc. This shall
also include cleaning of aquatic weeds being formed in fountain pond, or other water
bodies.
xvii. Control over pests and insects. The agency shall strictly use only those insecticides,
fungicides, and pesticides, the specifications of which shall be as directed by Engineer-
in-charge. It shall be responsibility of the agency to ensure that the entire garden
features of CIL Residential Complex remains pest and disease-free.
xviii. All gardening consumables required for the work like earthen pots, china clay pots,
brass pots, good earth, manure, fertilizers, bamboo, vermi-compost, neem oil cake,
mustard oil cake, urea, etc., shall be supplied by the agency on time as per direction
of Engineer-in-charge.
xix. Agency shall make necessary arrangements for drawing water at its own cost.
xx. Agency shall ensure highest standard of horticulture working, as well as supervision
for entire CIL Office and Residential Complex.
xxi. The agency shall provide all necessary tools and plants like lawn mower, brush cutter,
garden hose pipe, etc., all conforming to the specifications mentioned in this tender
xxxv. Regular maintenance of Medicinal Garden at CIL Residential Complex, including supply
of materials, plants, etc., as per direction of engineer-in-charge.
Non-compliance by the agency in executing the work as per direction of engineer-in-charge, or
in supply of materials, tools, consumables, plants, pots, seeds, seedlings, shrubs, trees, plants,
etc. shall attract penalties as stipulated in special terms and conditions of the contract.
Approximate Quantity of consumables, tools and tackles, plants, trees, fully grown seasonal
plants, seeds, seedlings, etc., required for entire CIL Office and Residential Complex
Lawn mover (Honda or equivalent brand) (Three Nos.)
Bush Cutter (Three Nos. + Two set Ropes each)
(15 Ltrs Capacity, One No.) +
Backpack Sprayer (Electric/Battery Operated)
(08 Ltrs Capacity, Two No.)
Hands Spray (02 Ltrs capacity, Four Pcs)
Wheel Barrow Small (Four Nos)
Wheel Barrow (Box Type Three No)
Water Can (12 Nos.)
Garden Hose 3/4 Inch (1500 feet)
Pruning Saw (Approx. 2 Nos.)
Hedge shear (Approx. 9 Nos.)
Secateur (Approx. 6 Nos.)
Kudal/spade (Approx. 8 Nos.)
Grass cutting sword (Approx. 6 Nos.)
Brooms (Approx. 20 Nos.)
Hand Gloves (Approx. 10 pairs)
Khurpi (Approx. 20 Nos.)
Kaste (Approx. 25 Nos.)
Bucket (Approx. 10 Nos.)
Mug (Approx. 10 Nos.)
Gum boots (Approx. 4 pairs)
Katari (Approx. 4 Nos.)
Brasso or equivalent metal polish (Approx. 1 litre/year)
Bamboo 30 feet length (Approx. 5 nos per month)
Synthetic paint (Of any colour as directed by
(Three Ltrs/Month)
Engineer-in-charge)
Earthen pots 10 Inch Size with saucer base (Approx. 55 nos per month)
Earthen pots 12 Inch Size (Tumbler glass shaped)
(Approx. 45 nos per month)
with saucer base
Earthen pots 8 inch Size with saucer base (Approx. 10 nos per month)
Earthen pots 6 inch Size with saucer base (Approx. 10 nos per month)
China Clay pots all size (Approx. 500 nos. year)
(As per requirement, Approx. 125
Good garden Soils
CFT per month)
(As per requirement, Approx. 50 CFT
Silver Sand
per month)
(As per requirement, Approx. 38
Petrol for above M/c
Ltr/Month)
(As per requirement, Approx. 4
Mobil for above M/c
Ltr/Month)
Coconut String (Approx. 2 Kg/Month)
Sutli (Approx. 1.1 Kg/Month)
Coconut Stick (Approx. 4 pieces/Month)
Cane Basket (Approx. One No/Month)
Medicine
1. Pesticide - Nice or equivalent for rose
(As Required, Approx 1500
2. Fungicide - Saaf or equivalent
ML/Month of any variety as per site
3. Roundup (Syngenta) or equivalent
requirement)
herbicide/weedicide
4. Insecticide
Furadan /Carbofuran (Medicine Approx. 4.5 Kg/Month))
Mustard Oil Cake (Approx. 10 kg/month)
Neem Oil Cake (Approx. 25 Kg/Month)
Super Phosphate (Approx. 14 Kg/Month)
Diammonium Phosphate (Approx. 15 kg/month)
Murate of Potash (Approx. 9 kg/month
Sulphate (Zinc/Ammonium Sulphate) (Approx. 2.5 kg/month)
Vermi Compost (Approx. 70 Kg/Month)
Urea (Approx. 67 Kg/Month)
Manure (19:19:19 NPK ratio) (Approx. 3 kg/month)
meter), Laser gun, Digital sound level meter, tachometer (1 No.), megger 1000 V (1 No.)
and megger 5000 V (1 No.)., tong tester (1 No.) etc., as per requirement of related
Maintenance works.
xi. Walkie Talkie (UHF Handheld Transceiver) Aspera V-9 or equivalent approved make, Tele-
communication instrument including all standard accessories. (30 Nos.)
17. Project Synopsis on Electro-Mechanical Details.
Electrical Power house consists of two 1600 KVA transformers and necessary panel. Stand by
power system consists of 2 no. Parkins make DG sets having a power rating of 1010
KVA each. They are connected with a bas-bar via AMF panel of Siemens make. 2x160
KWA UPS is also there for emergency back-up for lighting and data for duration of 30
minutes only.
Lighting Intelligence lighting with CFL /LEDs/ tube-light etc. Movement sensors have been
installed in some of the lighting circuits.
Plumbing a) 2 no. Bore-well, each with 10-HP submersible pump KSB make
Water is pumped directly to inter-connected underground firefighting tank of 200
KL capacity and 49 KL capacity respectively at residential complex and 72. KL raw
water tank at office complex.
b) Raw water is treated through Oxidation chamber of 25 cum /hr., 2 no. Iron-
removal filter of 15 cum. /hr. capacity and 2 no. softener 15 cum / hr. capacity.
The treated water is pumped by 3 no. Hydro-pneumatic pump of 7.5 HP capacity
each, to 2 no. overhead R.O. tank. Of capacity 5000 Ltr. Each The water is used
for drinking purpose through R.O.
c) 2 no. 7.5 HP pumps are used for gardening and car wash purpose along the
periphery of the boundary wall from the rain-water harvesting tank.
d) Waterless urinal of Hindware make (having urinal cartridge) have been installed
in Gents’ Toilet.
Fire- 3 no. Fire pumps of 100 HP each, Kirloskar make, for Hydrant and Sprinkler purpose
fighting and 2 no. 15 HP Kirloskar make Jockey-pumps are used to maintain pressure at the
risers. Smoke detector for detection and portable fire extinguishers are used as
“fighting tools”.
P.A. System There is one central P.A. System in the BMS room catering to all the floors of the
building.
HVAC 1000 TR capacity Chillers Plants, AHU Units, Celling Suspended Units, FCU etc.
Pump 3 nos. Hydro pneumatic pump, grundfos make, with starter
Water Two compressor, ELGI make, 220 LPS, two pumps 2.2 KW each, Kirloskar make
Treatment
Plant
RO Plant 3 pumps, 0.73 KW. Kirloskar make
Solar Tata Power make, 140 KW and 2x10 KW
System
Lifts 02 nos lifts 8 passengers capacity, 02 nos scenic lifts 13 passengers capacity, 01 nos
lift 13 passengers capacity, 02 nos Service lifts 1000 Kg capacity, Make- OTIS, 01 no
lift 15 passengers capacity-Make Schindler, 02 nos lift 8 passenger capacity, Make-
ThyssenKrupp
DG 2 nos. DG, 1010 KVA, Perkins make
2 nos. DG, 250KVA, Stamford make
1 no. DG, 315 KVA, Ashok Leyland make
Split AC Maintenance of Split ACs – of Hitachi or equivalent make of tonnage 1.5 TR – 2.0 TR
SECTION - IV
(GENERAL TERMS AND CONDITIONS)
CONDITIONS OF CONTRACT
GENERAL TERMS AND CONDITIONS
1. Definitions
i) The word "Employer" or "Company” or “Owner” wherever occurs in the conditions, means the
Coal India Limited, represented at Head Quarters of the Company by the General Manager/ HoD
(Civil),CIL or his authorized representatives or any other officer specially deputed for the purpose
who will employ the contractor.
ii) The word "Principal Employer" wherever occurs, means the officer nominated by the Company to
function on its behalf.
iii) "Bid" (including the term ‘tender’, ‘offer’, ‘quotation’ or ‘proposal’ in certain contexts) means an
offer to supply goods, services or execution of works made in accordance with the terms and
conditions set out in a document inviting such offers.
iv) "Bidder" (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts)
means any eligible person or firm or company, including a Joint Venture (that is an association of
several persons, or firms or companies), participating in a procurement process with a Procuring
Entity.
v) "Bid security" (including the term ‘Earnest Money Deposit’(EMD), in certain contexts) means a
security from a bidder securing obligations resulting from a prospective contract award with the
intention to avoid: the withdrawal or modification of an offer within the validity of the bid, after
the deadline for submission of such documents; failure to sign the contract or failure to provide
the required security for the performance of the contract after an offer has been accepted; or
failure to comply with any other condition precedent to signing the contract specified in the tender
documents.
vi) “Class-I local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for ‘Class-I local supplier’
under the Public Procurement (Preference to Make in India), Order 2017.
vii) “Class-II local supplier” means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for ‘Class-II local supplier’
but less than that prescribed for ‘Class-I local supplier’ under the Public Procurement (Preference
to Make in India), Order 2017.
viii) “Local Content” means the amount of value added in India which shall, unless otherwise prescribed
by the Nodal Ministry, be the total value of the item procured (excluding net domestic indirect
taxes) minus the value of imported content in the item (including all customs duties) as a
proportion of the total value, in percent.
ix) “Non-Local supplier” means a supplier or service provider, whose goods, services or works offered
for procurement, has local content less than that prescribed for ‘Class-II local supplier’ under the
Public Procurement (Preference to Make in India), Order 2017.
x) "Notice inviting tenders" (including the term ‘Invitation to bid’ or ‘request for proposals’ in certain
contexts) means a document and any amendment thereto published or notified by the Procuring
Entity, which informs the potential bidders that it intends to procure goods, services and/or works.
xi) "Prospective bidder" means anyone likely or desirous to be a bidder.
xii) "Procurement contract" (including the terms ‘Purchase Order’ or ‘Supply Order’ or ‘Withdrawal
Order’ or ‘Work Order’ or ‘Consultancy Contract’ or ‘Contract for other services’ under certain
contexts), means an agreement relating to the subject matter of procurement, entered into
between the Procuring Entity and the supplier, service provider or contractor on mutually
acceptable terms and conditions and which are in compliance with all the relevant provisions of
the laws of the country. The term “contract” will also include “rate contract’ and “framework
contract”.
The agreement shall include the notice inviting tender, the tender/bid as accepted by the company,
the work order issued to the contractor, and the formal contract agreement executed between the
company and the contractor together with the documents referred to therein including general
terms and conditions, special conditions, if any, frozen terms and conditions/technical
parameters/scope of work and revised offer, if any, specifications, drawings, including those to be
submitted during progress of work, schedule of quantities with rates and amounts.
Until the formal agreement is signed between the Owner and contractor, LOA/Work order together
with contract document accepted by the bidder (i.e., bid/ tender/ proposal/ offer) shall constitute
the contract.
xiii) The word "Contractor/ Contractors" wherever occurs means the successful bidder /bidders who
has/have deposited the necessary Earnest money and has/have been given written intimation
about the acceptance of tender and shall include legal representative of such individual or persons
composing a firm or a company or the successors and permitted assignees of such individual, firm
or Company, as the case may be and any constitutional, or otherwise change of which shall have
prior approval of the employer.
xiv) "Site" means the land and places including any building and erection thereon, over, under, in or
through which the Permanent works or Temporary works designed by the Engineer-in-Charge are
to be executed and any other lands and places provided by the Employer for working space or any
other purpose as may be specifically designated in the Contract as forming part of the site.
xv) The term "Sub-Contractor" as employed herein, includes those having a direct contract with
Contractor either on piece rate, item rate, time rate or any other basis and it includes one who
furnishes work to a special design according to the plans or specifications of this work but does not
include one who merely supplies materials.
xvi) "Accepting Authority" shall mean the management of the company and includes an authorized
representative of the company or any other person or body of persons empowered on its behalf
by the company.
xvii) "Engineer-in-charge" shall mean the officer nominated by the company in the Civil Engineering
cadre/ discipline who is competent to direct supervisors and authorised to be in charge of the
works for the purpose of this contract. The Engineer-in-Charge /Designated Officer in Charge, who
is of an appropriate seniority, will be responsible for supervising and administering the contract,
certifying payments due to the contractor, valuing variations to the contract, awarding extension
of time and valuing compensation events. The Engineer-in-Charge /Designated Officer in Charge
may further appoint his representatives i.e. another person/Project Manager or any other
competent person and notify to the contractor who is directly responsible for supervising the work
being executed at the site, on his behalf under their Delegation of Powers of the company.
However, overall responsibility, as far as the contract is concerned, will be that of the Engineer-in-
Charge/Designated Officer in Charge.
xviii) A "Day" shall mean a day of 24 hours from midnight to midnight.
xix) The "Work" shall mean the works required to be executed in accordance with the contract/work
order or parts thereof as the case may be and shall include all extra or additional, altered or
substituted works or any work of emergent nature, which in the opinion of the Engineer-in-charge,
become necessary during the progress of the works to obviate any risk or accident or failure or
become necessary for security.
xx) "Schedule of Rates” referred to in this conditions shall mean the standard schedule of rates
prescribed by the company and the amendments issued from time to time.
(iv) Conditions of Contract including General Terms & Conditions of contract, Additional Terms
& Conditions, Special Terms & Conditions and Commercial Terms & Conditions etc.- as
applicable.
(v) Frozen terms & conditions / technical parameters and revised offer, if any.
(vi) Specifications/ scope of Work, if any.
(vii) Schedule of quantities (or Bill of Quantities) along with accepted rate.
(viii) Contract drawings and work programme.
(ix) Safety Code etc. forming part of the tender,
(x) Integrity Pact (If applicable).
(xi) Guidelines on Debarment of firms from Bidding.
(xii) Code of Integrity for Public Procurement (CIPP)
(xiii) Any other document if required.
2.1 The contractor shall enter into and execute contract agreement in the prescribed form. The cost
of the stamp papers for the contract agreement shall be borne by the contractor. Two sets of
contract document/agreements shall be prepared and signed by both the parties One of the sets
shall be stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the
contractor free of cost and the original is to be retained by the company. For additional copy, cost
to be charged.
All additional copies should be certified by the Engineer-in-Charge.
The contractor shall keep copy of these documents on the site/place of work in proper manner so
that these are available for inspection at all reasonable times by the Engineer-in-charge, his
representatives or any other officials authorized by the company for the purpose.
2.2 The contract document shall not be used by the contractor for any purpose other than this contract
and the contractor shall ensure that all persons employed for this contract strictly adhere to this
and maintain secrecy, as required of such documents.
2.3 The local Court, where the subject work is to be executed shall have exclusive jurisdiction in all
matter arising under this contract.
2.4 The Contract Agreement will specify major items of supply or services for which the contractor
proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose
any addition or deletion from any such list and will submit proposals in this regard to the Engineer-
in–Charge / Designated Officer in charge for approval well in advance so as not to impede the
progress of work. Such approval of the Engineer-in-Charge / Designated Officer in Charge will not
relieve the contractor from any of his obligations, duties and responsibilities under the contract.
The total value of subcontracted work should not exceed 25% of the contract price specified in the
contract. Procurement of material, hiring of equipment or engagement of labour will not mean
sub-contracting.
2.5 Acceptance of Offer:
“Letter of Acceptance”- is an acceptance of offer by the company. It shall be communicated
electronically through e-procurement portal of CIL to the successful bidder and shall make the
binding Contract with the Company.
Simultaneously the original copy of LOA may also be sent to the Bidder through registered/speed
post. The offline communication of LOA, shall not be mandatory.
Retention Money may be refunded against equivalent Bank Guarantee, on written request of the
contractor, on its accumulation to a minimum amount of Rs 25 lakhs subject to the condition that
amount of any Bank Guarantee except last one, shall not be less Rs. 25 lakhs.
However, Bank Guarantee against retention money shall be with suitable validity based on nature
of work which shall be 90 days beyond the defect liability period, but in no case less than the period
of one year.
Bank Guarantee is to be submitted in the format prescribed by the company. Bank Guarantee shall
be irrevocable and will be from Scheduled Commercial Banks as elaborated at Cl.4.2.
4.5 Retention Money should be refunded after issue of No Defect Certificate.
4.6 The Company shall be at liberty to deduct/appropriate from the security deposit such sums as are
due and payable by the contractor to the company as may be determined in terms of the contract,
and the amount appropriated from the security deposit shall have to be restored by further
deduction from the contractors subsequent on account running bills, if any.
4.7 REFUND OF SECURITY DEPOSIT: The refund of security deposit shall be subject to company's right
to deduct/ appropriate its due against the contractor under this contract or under any other
contract.
On completion of the entire work and issue of defect liability certificate (taking over certificate with
a list of defects) by the Engineer-in-charge, one half of the security deposit remaining with the
company
(Performance Security) shall be refunded as elaborated at Cl. No.4.3.
The other half (Retention Money) shall be refunded to the contractor after issue of No Defect
Certificate by the Engineer-in-Charge on the expiry of Defect Liability Period of six months, subject
to the following conditions:
(a). Any defect/defects in the work, if detected after issue of defect liability certificate (Taking
over certificate with list of defects) is/are rectified to the satisfaction of the Engineer-in-
Charge within the said defect liability period of six months or on its due extension till
completion of the rectification works as required.
(b). In the case of building work or other work of similar nature, the refund shall be made on the
expiry of the said six months period or at the end of one full monsoon period i.e. June to
September, whichever is later in point of time and any defects such as leakages in roof,
effloresces in walls, dampness, defects in drainage etc. should be rectified to the satisfaction
of Engineer-in-Charge.
NB: In case of Maintenance contracts, that ends with successful completion of work, where
question of Defect Liability Period does not arise (e.g. sweeping / cleaning, horticulture, tank
cleaning, jungle cutting, grass cutting, surface dressing etc.), the performance security and
retention money (second part of bid security) can be released simultaneously after completion of
work and taking over by department.
4.8 Consideration of Abnormally Low Bids
In case of Abnormally Low Bid, CIL/ Subsidiary may in such cases seek written clarifications from
the lowest bidder(s), including detailed price analyses of its bid price in relation to scope, schedule,
allocation of risks and responsibilities, and any other requirements of the bid documents. If, after
evaluating the price analysis, CIL/ Subsidiary determines that the bidder(s) has substantially failed
to demonstrate its capability to deliver the contract at the offered price, CIL/ Subsidiary may reject
the bid / Proposal.
4.9 Refund of Security Deposit regarding Specialized Item of Works (shall be applicable only when
relevant item exists in the contract and shall be for 10% of value of such items (excluding GST) in
the contract or for 10% of value of contract (excluding GST) with such specialized items only).
(a). For some specialized items of work such as anti-termite treatment, waterproofing work, kiln
seasoned and chemically treated wooden shutters, or any other item of work deemed as
such ‘specialized’ by Engineer-in-Charge that are entrusted to specialized firms or
contractors who associate specialized agencies, the contractor/ firm executing the work
should be asked to give a specific guarantee that they shall be responsible for removal of any
defects cropping up in these works executed by them during the guarantee period. The form
of the guarantee to be executed by the contractors shall be as enclosed.
(b). Security deposit (performance security and retention money) deposited/ deducted from the
bills of the contractors, relevant to the item(s), shall be refunded to him after expiry of
Guarantee period. The security amount relevant to the item(s) of work, may be released
after 12 months of completion of work against equivalent BG and furnishing Guarantee as
at (a) above.
4.10 Refund of security deposit for contracts with supply installation and commissioning of
equipment i.e. with Mechanical & Electrical Works (shall be applicable only when relevant item
exists in the contract)
For some specialized contracts like Pump house, Intake well etc. there may be Civil works as well
as Mechanical and Electrical works. For such works security deposit (i.e. performance security and
retention money)- deposited / deducted from the bills of the contractors shall be refunded to him
after expiry of guarantee period, which will be one year from the date of commissioning of
equipment/ completion of work and/or rectification of any defect which may be detected in the
individual equipment for the whole system under the contract, whichever is later.
In addition, all types of manufacturers guarantee/warranty wherever applicable are to be issued/
revalidated in the name of the owner by the contractual agency and will be covered with relevant
counter guarantee. Bank guarantees furnished against Performance Security and Retention Money
shall be validated for a period 90 days beyond the guarantee period.
5. Deviations/Variations in Quantities and Pricing.
The quantities given in the “Schedule of Quantities" are based on estimates and are meant to
indicate the extent of the work and to provide a uniform basis for tendering and any variation
either by addition or omission shall not vitiate the contract. The variation register may be
maintained in SAP in electronic form to have a proper control over variations.
5.1 The company through its Engineer-in-Charge or his representative shall, without radically changing
the original scope and nature of the work, under contract, have power to make any alterations in
or additions to or substitution of the original specifications, drawings, designs and instructions that
may appear to be necessary or advisable during the progress of the work.
The contractor shall be bound to carry out the work(s) in accordance with the instructions given to
him in writing by the Engineer-in-Charge or his representative on behalf of the company. Such
altered or additional or substituted work, which shall form part of the original contract, shall be
carried out by the contractor on the same terms and conditions in all respects on which they agreed
to do the main work and at the same rate/rates as are specified in the contract/ work-order. In
case there are changes in ground levels from those shown in the approved drawings, they shall be
agreed in writing, jointly by the contractor and EIC.
5.2 The right is reserved to cancel any items of work included in the contract agreement or portion
thereof in any stage of execution if found necessary to the work and such omission shall not be a
waiver of any condition of the contract nor invalidate any of the provisions thereof.
5.3 If the additional, altered or substituted work includes any class of work for which rate/rates is/are
not specified in the contract/work order, rates for such items shall be determined by the Engineer-
in-Charge as follows:
(a). In the case of percentage tenders, if the rate for the extra item of work executed is available
in the company's approved SOR, it will be paid at the schedule rate plus or minus the
accepted percentage as per contract.
However, if the extra item is not available in company’s approved SOR, then the rate for such
extra item(s) shall be dealt as at (c) below.
(b). In case of item rate tenders, the rate for extra item shall be derived from the rate for similar
item or near similar item / class of work available in the agreement schedule of work or by
analysis of rates as at below and the lower rate out of the above two shall be considered.
In case of composite item rate tenders, where two or more schedule of quantities for similar
item description may form part of the contract, the applicable rates shall be taken from the
Schedule of Quantities of that particular part in which the deviation is involved, failing that
at the lowest applicable rate for the similar item of work in the other schedule of quantities.
For derivation of rates based on analysis, the same shall be done by analysis on prevalent
market rate of materials and labour based on standard norms of analysis of rate of C.P.W.D/
N.B.O.
(c). In the case of extra item(s) that are completely new, and are in addition to the items
contained in the contract, the contractor may within 15 days of receipt of order or
occurrence of the item(s) claim rates, supported by proper analysis. The Engineer-in-Charge
shall determine the rate(s) by analysis based on prevalent market rate of material and labour
and on standard norms of analysis of rate of CPWD / NBO.
(d). In case of combined tender with partly item rate for non-schedule items & partly percentage
tenders for SOR items, the rate for extra item shall be derived as at (b) & (c) above in case of
non-schedule items rates and in case of percentage rates for SOR items the rate for extra
item shall be derived as at (a) above.
In case of any difference between the contractor and the Engineer-In Charge as to the
fixation of rates, the matter shall be referred to the accepting authority of the company i.e.
GM(C) of the company or Staff Officer(C) for the work awarded at Company Hqrs. level and
Area level respectively, whose decision shall be final and binding on the contractor.
5.4 Alteration in the quantities shall not be considered as a change in the condition of the contract nor
invalidate any of the provision thereof provided that a deviation estimate/ revised estimate/
supplementary agreement for the item(s) involved is made. Such approval shall be from
appropriate authority.
5.5 Payment for such deviated items [additional/ altered / substituted items of work of the agreement
schedule] shall be made in the contractors running on account bills, till the revised estimate /
deviation estimate regularizing these items are sanctioned by the competent authority of the
company, at the provisional rates and shall not exceed:
(a). 75% of the rate recommended by the Engineer-in-Charge to the accepting authority of the
company i.e. GM(C) of the company or SO(C) of the Area, if the rate is directly available in
the SOR of the company/ if the rate is derived from available rate of BOQ.
(b). 50% of the rate recommended by the Engineer-in-Charge to the accepting authority of the
company, i.e. GM(C) of the company or SO(C) of the Area, if it is analysed item rates based
on prevalent market rates of materials and labour following CPWD / NBO norms.
Total payment for such extra items of work shall not exceed 10% of work order / agreement
value / approved deviation estimate value. Also total payment including extra items of work
shall not exceed the work order / agreement / approved deviation estimate value.
5.6 PROVISIONS FOR DEALING WITH VARIATIONS IN RESPECT OF ABNORMALLY HIGH RATE AND
ABNORMALLY LOW RATE ITEMS.
The abnormally high rate items are those whose quoted rates are more than 20% of the justified
rates decided by the owner.
The abnormally low rate items are those whose quoted rates are less than 20% of the justified rates
decided by the owner.
In case of Item Rate Tenders, the revision of rates for (i) abnormally high rate items and (ii)
abnormally low rate items, shall become operative under the following circumstances: -
For increase in quantity of more than 25% in respect of works executed below plinth level and 10%
in respect of works executed above plinth level.
Quantity variation beyond the limit mentioned above shall be dealt by arriving at new rate based
on prevalent market rate of materials and labour analysed as per standard analysis of rate of
CPWD/NBO. Payment of extra quantity over the permitted quantity as explained above would be
made on the basis of the new analysed rate.
The variation in quantity of abnormally low rate items for item rate tenders shall not be permitted
below 25% for the items below plinth level and below 10% for the items above plinth level of the
agreement schedule quantity, but in exceptional cases with written consent of Engineer-in-Charge
arising out of technical necessity.
The above provisions shall be applicable for item rate tenders only and not applicable for
percentage rate tenders for works based on standard schedule of rates of the company.
For the purpose of operation, the following works shall be treated as works related to foundation,
unless otherwise defined in the contract.
(a). For Buildings: All works up to 1.2 metres above ground level or up to floor 1 level whichever
is lower.
(b). For abutments, piers and well steining : All works up to 1.2m above the bed level.
(c). For retaining walls, wing walls, compound walls, chimneys, overhead reservoirs / tanks and
other elevated structures: all works up to 1.2 metres above the ground level.
(d). For reservoirs / tanks (other than overhead reservoirs / tanks): All works up to 1.2 metres
above the ground level.
(e). For basement: all works up to 1.2m above ground level or up to floor 1 level whichever is
lower.
For Roads, all items of excavation and filling including treatment of sub base.
5.7 The time of completion of the originally contracted work shall be extended by the company in the
event of any deviation resulting in additional cost over the awarded value, if requested by the
contractor as follows: -
(i) In the proportion which the additional cost of the altered, additional or substituted work (in
value) bears to the original tendered value plus.
(ii) 25% of the time calculated in (i) above or such further additional time as may be considered
reasonable by the Engineer-in-Charge.
5.8 The company through its Engineer-in-Charge or his representative, on behalf of the company, shall
have power to omit any part of the work in case of non-availability of a portion of the site or for
any other reason and the contractor shall be bound to carry out the rest of the work in accordance
with the instructions given by the Engineer-in-Charge. No claim from the Contractor shall be
entertained/ accepted on these grounds.
5.9 In the event of any deviation being ordered which in the opinion of the contractor changes radically
the original scope/nature of the contract, the contractor shall under no circumstances suspend the
work, either original or altered or substituted, and the dispute/disagreement as to the nature of
deviation and the rate/rates to be paid for such deviations shall be resolved separately with the
company as per the procedures/ norms laid down hereafter.
5.10 Extension of AMC contracts-
The AMC Contracts shall be normally for two years or as specified in the NIT from the date of
commencement. However, in exceptional cases of exigencies, CIL/Subsidiary reserves the right to
Extend the Contract for a period of 30% of the contract period as specified in NIT or for a period of
08 months, whichever is lesser after due appraisal of performance at the end of the Contract on
the same terms and conditions.
6. Time for Completion of Contract, Extension thereof, Defaults and Compensation for Delay
Time is the essence of the contract and as such all works shall be completed within the time
stipulated in the contract/ work order. The work shall, throughout the stipulated period of
contract, be carried out with all due diligence on the part of the contractor.
Immediately after the contract is concluded i.e. LOA / Work Order is issued, the Engineer-in-Charge
and the contractor shall agree upon a detailed time and progress chart prepared based on BAR
CHART/ PERT CPM techniques on the basis of a construction schedule submitted by the contractor
at the time of executing contract showing the order in which the work is proposed to be carried
out within the time specified in the LOA /work order.
For the purpose of this detailed time and progress chart, the work shall be deemed to have
commenced on the expiry of 10* (ten) days from the issue of Letter of Acceptance of Tender or
7(seven) days after handing over the site of work or handing over reasonable number of working
drawings to the contractor or the period of mobilization allowed in the work order for starting the
work in special circumstances, whichever is later. However, the Date of Commencement may be
decided with mutual consent with the Contractor prior to the date as prescribed above.
* For Specialized Works/ High Value Works (above Rs. 5 crores), the period shall be 30 days.
6.1 If the contractor, without reasonable cause or valid reasons, commits default in commencing the
work within the aforesaid time limit, the company shall, without prejudice to any other right or
remedy, be at liberty, by giving 15 day’s notice in writing to the contractor to commence the work,
failing which to forfeit the Earnest Money deposited by him and to rescind the Letter of Acceptance
of Tender/Work Order and also to debar the contractor to take part in the future re-tender.
The Company may debar such defaulting Contractors from participating in future Tenders for a
minimum period of 12(twelve) months.
6.2 If the contractor fails to complete the work and clear the site on or before the date of completion
or extended date of completion, he shall without prejudice to any other right or remedy available
under the law to the company on account of such breach, pay as compensation (Liquidated
Damages):
(i) @ half percent (½ %) of the contract amount/Revised Contract amount excluding GST
whichever is less, per week or part of the week of delay.
OR
(ii) ½ % of the contract-value (excluding GST) of group of items/ revised completion value of
group of items whichever is less, per week or part of the week of delay, for which a separate
period of completion is originally given.
The aggregate of such compensation/ compensations shall not exceed:
(i) 10% (ten) percent of the total amount of the contract/ Revised contract amount excluding
GST, whichever is less.
OR
(ii) 10% of the contract-value or part of the week of group of items/ revised completion value
of group of items whichever is less, for which a separate period of completion is originally
given.
The amount of compensation may be adjusted or set off against any sum payable to the contractor
under this or any other contract with the company.
The LD will be applicable on the price (excluding GST) as varied by the operation of the Price
Variation Clause i.e. price variation amount (excluding GST) shall be added/ deducted to the
contract price for deriving the LD. amount shall be added/ deducted to the contract price (excluding
GST) for deriving the LD.
6.2.1 The company, if satisfied, that the works can be completed by the contractor within a reasonable
time after the specified time of completion, may allow further extension of time at its discretion
with or without the levy of L.D. In the event of extension granted being with L.D, the company will
be entitled without prejudice to any other right or remedy available in that behalf, to recover from
the contractor as agreed damages equivalent to half percent of the contract amount/ Revised
Contract amount of the works excluding GST whichever is less for each week or part of the week
subject to a ceiling as described at Cl.6.2.
6.2.2 The company, if not satisfied that the works can be completed by the contractor, and in the event
of failure on the part of the contractor to complete work within further extension of time allowed
as aforesaid, shall be entitled, without prejudice to any other right, or remedy available in that
behalf, to rescind the contract.
6.2.3 The company, if not satisfied with the progress of the contract and in the event of failure of the
contractor to recoup the delays in the mutually agreed time frame, shall be entitled to terminate
the contract.
6.2.4 In the event of such termination of the contract as described in clauses 6.2.2 or 6.2.3 or both, the
company, shall be entitled to impose penalty/LD as deliberated at Clause 10. Additionally, the
contractor shall be debarred from participating in the future tenders for a minimum period of 12
months.
In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any other charges
from the supplier/vendor, the same will be recovered and the amount shall be adjusted with the
payment to be made to the supplier/vendor against their bill/invoice or any other dues.
6.3 The company may at its sole discretion, waive the payment of compensation on request received
from the contractor indicating valid and acceptable reasons if the entire work is completed within
the date as specified in the contract/work order or as validly extended date without stipulating any
compensation for delay.
6.4 Extension of Contract Time for completion
A. Force Majeure (FM): Conditions beyond control of either parties like war, hostility, acts of
public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions,
epidemics, strikes, lockouts or acts of God come under the legal concept of Force Majeure
(FM).
Delays in performance of contractual obligations under influence of FM conditions are
condonable by the other party without any right to termination or damages, provided, notice
of the happening of any such event is given by the affected party to the other within 30
(thirty) days from the date of occurrence duly certified by the local chamber of commerce
or statutory authorities, the beginning and end of FM occurrence and cessation of such Force
Majeure condition. Works under the contract shall be resumed as soon as practicable after
such event has come to an end or ceased to exist.
For delays arising out of Force Majeure, the bidder / contractor will not claim extension in
completion date for a period exceeding the period of delay attributable to the clauses of
Force Majeure and neither company shall be liable to pay nor bidder / contractor shall be
liable to claim extra cost (like increase in rates, remobilization advance, idle charges for
labour and materials etc.) provided it is mutually established that Force majeure conditions
did actually exists.
B. Delays in Execution
A work may be completed ahead of schedule or delayed due to unforeseen fortuitous
circumstances, extra effort or developments beyond the control of CIL/Subsidiary or the
tenderer and it is sometimes difficult to apportion credit or responsibility. The contractor
may experience delay or disruption due to his own actions or inaction, those of his sub-
contractor or other contractors, those of CIL/Subsidiary or the engineer, or other causes.
Such delays expose the non-performing party to various sanctions under the contract. These
sanctions include extension of time, damages or default termination of the contract. While
examining the request of the contractor for extension of time, the engineer shall consider
all circumstances and categorise the delays as follows:
(a). Excusable delays - Force Majeure (FM), that is, acts of God, abnormal weather, floods,
and so on, applies;
(b). Compensable delays – or Compensation Events, which put full burden of responsibility
on CIL/Subsidiary; and
(c). Inexcusable delay (contractor’s own faults), which puts the full burden of
responsibility on the contractor.
(d). Concurrent delays - when two or more events responsible for delay overlap each
other. The delays may be attributable to CIL/Subsidiary or the contractor or none, and
fall in above categories. The eligibility for extension of time (EOT) should be
determined by plotting each contributing concurrent delay on the critical path.
CIL/Subsidiary should see that the concurrent delays do not result in unnecessary
extra extension of time.
C. Once the delay is categorised, it should then be determined not only whether the contractor
is eligible for time extension but also whether sanctions, such as Liquidated Damage (LD) or
default termination, can be imposed on the contractor.
D. The time for completion of the work will be specified in the contract and it is understood
that the completion of work within the time specified is an essential part of this contract.
While ascertaining the reasons for delay beyond the control of the control of contractor, the
following delays shall be considered as “Hinderance”:-
(a). Excusable delays
(b). Compensable delays
merit of the case. Final Extension of completion time is to be granted by Tender Approving
Authority limited to CMD of CIL/ Subsidiary.
6.4.1 General Principles for Granting Extension of Time
(i) At the time of issuing notice inviting tenders for a particular work the Engineer-in-Charge
should specify the time allowed for completion of the work consistent with the magnitude
and urgency of the work.
(ii) The time allowed for carrying out the work as entered in the contract shall be strictly
observed by the contractor and shall be reckoned from the Date of Commencement of the
work as given to the contractor.
(iii) The work shall throughout the stipulated period of the contract be proceeded with all due
diligence (time being deemed to be the essence of the contract) on the part of the
contractor.
(iv) To ensure good progress of work during the execution, the contractor shall meticulously
follow the preset time and progress chart and in the event of slippages in one segment, all
efforts will be made to liquidate the slippages in the next stages.
(v) If the contractor shall desire an extension of time for completion of work on the grounds of
his having been unavoidably hindered in its execution or on any other grounds as mentioned
above shall make application to Engineer-In-Charge for extension of contract within a
reasonable period prior to expiry of Contract Period (Preferably not later than 15 days prior
to expiry of Contract Period). Engineer-In-Charge shall process the proposal based on the
merit of the case for obtaining approval of Competent Authority. Such extension shall be
communicated to the contractor in writing by the company through Engineer-in-Charge
before the expiry of Contract Period.
(vi) Engineer-in-Charge shall process extension of time for the completion of the work if the
following conditions are satisfied:
(a). The contractor must apply to the Engineer-in-Charge in writing for extension of time.
(b). Such application must state the grounds which hindered the contractor in the
execution of the work within the stipulated time.
(c). Such application must be made within a reasonable period prior to expiry of Contract
Period (Preferably not later than 15 days prior to expiry of Contract Period).
(d). The Engineer-in-Charge must be of the opinion that the grounds shown for the
extension of time are reasonable.
(vii) Deleted
(viii) The opinion of the Engineer-in-Charge, whether the grounds shown for the extension of time
are or not reasonable, is final. If the Engineer-in-Charge is of the opinion that the grounds
shown by the contractor are not reasonable and declines to process the extension of time,
the contractor may approach concerned SO( C) /GM ( C) /Director (As the case may be)
whose opinion shall be final and binding on all concerned.
(ix) All interim extensions of time shall be granted by Tender Accepting Authority limited to
GM(Civil)/HoD for HQ works and Area GM for area works and all final extension of time shall
be granted by Tender Accepting Authority limited to Chairman/ CMD of CIL/ Subsidiary.
Effort should be made to complete the work within the original contract period or extended
period.
(x) In case the contractor does not apply for grant of extension of time before the expiry of
contract period and the department wants the contractor to continue with the work beyond
the stipulated date of completion, the Engineer-in-Charge can process proposal for
extension of time even in the absence of application from the contractor as per the following
guidelines:
(a). Whenever any hindrance comes to the notice of the In Charge of the work, he should
at once make a note of such hindrance in the register kept at site. He should also make
a report to EIC of the occurrence of such hindrance.
(b). The proposal for extension of time should be processed by EIC for obtaining the
approval of Competent Authority (Ref Cl (ix) above. This should be processed
preferably 15 days prior to the expiry of Contract Period.
(c). If the orders of the higher authority are not received in time, he should extend the
contract before the stipulated date actually expires so that the contract might remain
in force but while communicating this extension of time, he must inform the
contractor that this was without prejudice to Company's right to levy compensation
under relevant clause of the agreement. Such extension of time given by EIC shall be
considered as fait-accompli in future.
(xi) The period during which the contract remains valid is a matter of agreement and if the period
originally set for the completion of the work comes to an end nothing short of agreement of
the party can extend the subsistence and validity of the contract.
(xii) When the period fixed for the completion of the contract is about to expire, the question of
extension of the contract may be considered at the instance of the contractor or the
Department or of both.
The extension, in order to be binding, will have to be by parties’ agreement, express or
implied.
It therefore, follows that if the extension of time is issued /granted by the Engineer-in-Charge
suo-moto as per provisions of Contract Agreement as per Cl 6.4.1(x) and such extension of
time is accepted by the contractor, either expressly or implied by his actions before and
subsequent to the date of completion, the extension of time granted by the Engineer-in-
Charge is valid.
(xiii) It is, therefore, necessary that the Engineer-in-Charge grants extension of time as per
provisions of the contract even when the contractor does not apply for extension of time in
order to keep the contract alive. If the contractor refuses to act upon the extension so
granted by Engineer-in-Charge, it will attract the provisions of appropriate clauses of the
agreement.
The contractor shall however use his best efforts to prevent or make good the delay by
putting his endeavors constantly as may be reasonably required of him to the satisfaction of
the Engineer-in-Charge.
7. Material Supply & other facilities:
The contractor shall at his own expense, provide all materials required for the work, unless
otherwise specified and the rates quoted by the contractor shall be for finished work inclusive of
all materials required for completion of the work as specified in the contract.
* The company may, of its own or at the request of the contractor, supply such materials as may
be specified, if available, at rate/rates to be fixed by the Engineer-in-charge.
7.1 For the materials which the company has agreed to supply for the contract, the contractor shall
give in writing of his requirements in accordance with the agreed phased programme to the
Engineer-in-charge sufficiently in advance.
The value of materials so supplied shall be set off or deducted from the payment to be made for
the items of work in which such materials have been consumed, or from any sum then due or to
become due to the contractor thereafter.
7.2 * The company will supply steel both reinforcement and structural and cement at the following
rates inclusive of all taxes. The contractor shall bear all the cost for transportation; handling and
storage from the issuing store of the company to contractor's work site store.
(i) Reinforcement Steel *: -
(a). M.S. Round: Rs.
(b). Tor Steel: Rs.
(c). Structural Steel: Rs.
(ii) Cement *: Rs.
[* delete whichever is not applicable]
7.3 If the steel is issued by the department, the wastage of steel shall be the barest minimum. The
wastage allowed from theoretical quantity will be upto a maximum of 5% to cover the wastage due
to cutting into pieces, bending and other factors. No cut pieces or scrap less than 2 mtr. in length
will be taken by the department. Efforts should be made to use the cut pieces of 2 mtr. or above
length as far as possible.
If the wastage of steel is more than the permissible variation mentioned above the cost of excess
wastage made by the contractor shall be recovered at double the issue rates indicated above, or
115% of prevailing market rate along with GST and any other Tax applicable during the period of
work, whichever is more.
No allowances shall be entertained on account of Rolling Margin for the steel either issued by the
department or procured by the contractor.
7.4 If the cement is issued by the department, the variation of 5% will be permitted over the theoretical
consumption of cement for value of work upto Rs.10.00 lakhs and 3% for value of work above
Rs.10.00 lakhs. In the event of cement consumed is more/less than specified above, the recovery
for the quantity of cement consumed in excess or less than the specified quantity shall be made at
double the issue rate or 115% of prevailing market rate along with GST and any other Tax applicable
during the period of work, whichever is more.
7.5 In case the department is not able to supply cement/steel as per the provisions of the contract, the
Engineer in-Charge may allow, with the approval of GM/HOD(Civil) of the company, the contractor
in writing for procurement of cement/ steel from the approved sources and the extra on this
account including transport charges, if any, over the issue rate shall be reimbursed to the
contractor on production of authentic documents. Transportation of cement/ steel from the place
of purchase to the site of work and proper storage of cement/steel at site shall be contractor's
responsibility. He should maintain proper account of cement/steel issued/procured by him and
should allow inspection of his godown and his cement/steel account by the concerned Engineer-
in-charge or any other authorized officers of the company. Contractor should draw materials from
the company on the basis of actual requirement as assessed by the Engineer-in-Charge on "as and
when required" basis.
7.6 Recovery of cost of materials issued on sale A/c will be made as per actual consumption basis but
the Engineer-in-Charge will have the discretion for making full recovery while processing a
particular bill or asking for the return of the balance materials if the work is not progressing
satisfactorily.
The contractor shall keep accurate record of materials issued by the company, maintain proper
account for the materials received and consumed in the work and shall be open to check by the
Engineer-in-Charge or his authorized representative. The contractor shall ensure that such
materials are consumed for the contract works only and the Register for the aforesaid account shall
be signed both by the representatives of Engineer In Charge and the contractor.
7.7 All materials, tools and plants brought to site by the contractor including the materials supplied by
the company shall be deemed to be held in lien by the company and the contractor shall not have
the right to remove the same from the site, without the written permission of the Engineer-in-
Charge. The company shall not however be liable for any loss, theft or damage due to fire or other
cause during this period of lien, the responsibility for which shall lie entirely on the contractor.
7.8 The contractor shall bear the cost of loading, transportation to site, unloading, storing under cover
as required etc. as may be necessary for the use and keeping the materials in good condition.
7.9 Any surplus materials issued by the company, remaining after completion or termination of the
contract, shall be returned by the contractor at his cost to the place of issue and the Engineer-in-
Charge shall accept the same at the rate not exceeding the rate at which these were originally
issued taking into consideration the deterioration or damage, if any, that may have been caused
during the custody of the contractor. In the event, the contractor fails to return the surplus
materials out of those supplied by the company, the Engineer-in Charge may, in addition to any
other liability which the contractor would incur in this regard, by giving notice in writing require
the contractor to pay the amount at double the issue rate for such unreturned surplus materials or
115% of the prevailing market rate along with GST and any other Tax applicable during the period
of work, whichever is more.
7.10 On completion or on termination of the contract and on complete recovery of secured advance
paid by the company, if any, in respect of materials brought to site, the contractor with due
permission of the Engineer in-Charge shall be entitled to remove at his expenses all surplus
materials originally supplied by him and upon such removal, the same shall become the property
of the contractor.
7.11 All charges on account of GST or any other applicable taxes, duties or levies on materials obtained
for the works from any source (excluding materials supplied by the company) shall be borne by the
contractor. This clause may be read in conjunction with 13 (ix) of condition of contract.
7.12 The contractor shall arrange necessary electricity at his own cost for the work and his own
establishment. However, if available and feasible the company may arrange electricity at one point
near the work site and necessary recovery of cost of energy consumed will be made at rates
prescribed by the company from time to time. Energy meter for this purpose shall be provided by
the contractor.
7.13 The contractor shall arrange necessary water for the work and his own establishment and nothing
extra will be paid for the same. Such water used by the contractor shall be fit for construction
purposes. However, if available and feasible the company may arrange water, at the written
request of the contractor, to the extent possible, at one point near the work site for which recovery
@ 1% of the contract value (excluding GST) of work done will be made from the contractor's bills.
The contractor shall make his own arrangement of water connection and laying of pipe lines from
main source of supply. Department do not guarantee to maintain uninterrupted supply of water.
No claim of damage or refund of water charges will be entertained on account of such break down.
7.14 Explosives, detonators and other inflammable materials shall not be used in the execution of the
work at site by the contractor without prior written permission of the Engineer-in-Charge.
Transportation and storage of such materials shall be done in specified manner in accordance with
the law in force. The contractor shall also obtain license under such laws for, transportation,
storage, use and all other operations, connected with the handling of the same.
8. Quality Assurance – Materials and Workmanship
The contractor shall carry out and complete the work in every respect in accordance with the
contract and shall ensure that the work conforms strictly to the drawings, specifications, (as
enclosed or in absence of enclosed specifications current CPWD/BIS specifications) instructions of
the Engineer-in-Charge. The Engineer-in Charge may issue, from time to time, further drawings,
detailed instructions/ directions in writing to the contractor. All such drawings,
instructions/directions shall be consistent with the contract documents and should be reasonably
inferable there from, along with clarifications/ explanations thereof, if necessary. However, the
contractor will be solely responsible for design and erection of all temporary structures required in
connection with the work.
8.1 For Quality Assurances of all the Civil Engineering Works the norms/ guidelines laid down by the
company herein and elsewhere will form part of the contract for the purpose of quality of works.
8.2 The contractor shall be responsible for correct and complete execution of the work in a workman
like manner with the materials as per specification which shall be subject to the approval of the
company. All work under execution in pursuance of the contract shall be open to inspection and
supervision by the Engineer-in Charge or by his authorized representative or any other official of
higher rank or any other person authorized by the company in his behalf & the contractor shall
allow the same.
8.3 All materials to be provided by the contractor shall be in conformity with the
specifications/schedule of work as per the contract and the contractor shall furnish proof, if so
required by the Engineer-in-Charge to his satisfaction that the materials do so comply.
8.4 The contractor shall immediately after the award of work draw up a schedule giving dates for
submission of samples as required or necessary as per the specification for approval of Engineer-
in-Charge who shall approve, if found acceptable, promptly so that there is no delay in the progress
of the work of the contractor or of the work of any of the sub-contractor.
On receipt of samples as per schedule, the Engineer-in-Charge shall arrange to examine/test with
reasonable promptness ensuring conformity of the samples with the required specification and
complying with the requirements as per contract documents keeping in view that the work shall
be in accordance with the samples approved by him. The contractor shall be bound to furnish fresh
sample, if disapproved by the Engineer-in Charge, for his approval. The contractor shall not start
bringing materials at the site unless the respective samples are approved. Materials conforming to
approved samples shall only be brought to site. However, Engineer-in-Charge’s approval for any
sample, design/ drawings (permanent/ temporary structures) shall not alter contractor’s full
responsibility whatsoever for the performance and safety of the executed job.
Samples are to be supplied by the contractor at his own cost. The cost involved in tests shall be
borne by the contractor. If any test is ordered by the Engineer-in-Charge which is to be carried out
by any independent person or agency at any place other than the site even then the cost of
materials and testing charge etc. shall be borne by the contractor. If the test shows that the
materials are not in accordance with the specifications, the said materials shall not be used in the
work and removed from the site at contractors’ cost.
8.5 The company, through the Engineer-in-Charge, shall have full powers to reject any materials or
work due to a defect therein for not conforming to the required specification, or for materials not
being of the required quality and standard or for reasons of poor workmanship or for not being in
accordance with the sample approved by him. The contractor shall forthwith remedy the
defect/replace the materials at his expense and no further work shall be done pending such
rectification/replacement of materials, if so instructed by the Engineer in-Charge.
In case of default on the part of the contractor, the Engineer-in-Charge shall be at liberty to procure
the proper materials for replacement and/or to carry out the rectifications in any manner
considered advisable under the circumstances and the entire cost & delay for such
procurement/rectification shall be borne by the contractor.
8.6 The Engineer-in-Charge shall be entitled to have tests carried out for any materials, according to
the standard practice followed for such tests, other than those for which satisfactory proof has
already been furnished by the contractor who shall provide at his expense all facilities which the
Engineer-in-Charge may require for the purpose. All such expenses born by the contractor are not
to be paid separately by the employer and shall be assumed covered in accepted prices.
The cost of any other tests, if so required by the Engineer-in-Charge, shall be borne by the
company. However, if the test shows the workmanship or materials not to be in accordance with
the provision of the contract or the instruction of Engineer-in-Charge the cost shall be borne by the
contractor.
8.7 Access to the works: The Engineer-in-charge and any person authorized by the company shall at all
times have access to the works and to all workshops and places where work is being prepared or
from where materials, manufactured articles are being obtained for the works and the contractor
shall afford every facility for and every assistance in or in obtaining the right to such access.
8.8 Inspection of works:
(i) No work shall be covered up or put out of view without the approval of the Engineer in-
charge or the Engineer-in-charge's representative or any other officer nominated by the
company for the purpose and the contractor shall afford full opportunity for the EIC or EIC`s
representative or any other officer nominated by the company for the purpose to examine
and measure any work which is about to be covered up or put out of view and to examine
foundations before permanent work is placed thereon. the contractor shall give due notice
to the Engineer-in-charge's representative whenever any such work or foundations is ready
or about to be ready for examination and the Engineer-in-charge's representative shall,
without unreasonable delay, unless he considers it unnecessary and advises the contractor
accordingly, attend for the purpose of examining and measuring such work or foundations.
(ii) The contractor shall uncover any part or parts of the works or making openings in or through
the same as the Engineer-in-Charge may from time to time direct and shall reinstate and
make good such part or parts to the satisfaction of Engineer-in-charge.
If any such part or parts have been covered up or put out of view after compliance with the
requirement of sub-clause above and are found to be executed in accordance with the contract,
the expenses of uncovering, making openings in or through and making good the same shall be
borne by the Employer, but in any other cases all costs shall be borne by the contractor.
8.9 Removal of Improper Work and Materials:
(i) The Engineer-in-charge shall during the progress of the works have power to order in writing
from time to time:
(a). The removal from the site, of any materials which in the opinion of Engineer-in-charge, are
not in accordance with the contract/ work order/ approved sample.
(b). The substitution with proper and suitable materials.
(c). The removal and proper re-execution, notwithstanding any previous test thereof or interim
payment there from, of any work which in respect of materials or workmanship is not in
accordance with the contract.
(ii) In case of default on the part of the contractor in carrying out such order, the Engineer-in -
charge shall be entitled to employ and pay other agency to carry out the same and all
expenses consequent thereon shall be recoverable from the contractor or may be deducted
from any amount due or which may become due to the contractor.
8.10 Devaluation of Work:
In lieu of rejecting work done or materials supplied not in conformity with the contract/work
order/approved samples, the Engineer-in-charge or any other officer nominated by the company
for the purpose may allow such work or materials to remain, provided the Engineer-in-Charge/ the
officer nominated by the company is satisfied with the quality of any materials, or the strength and
structural safety of the work, and in that case shall make such deduction for the difference in value,
as in his opinion may be reasonable.
8.11 Final Inspection of Work: The Engineer-in-charge and any other officer nominated by the company
for the purpose shall make final inspection of all work included in the contract/work order, or any
portion thereof, or any completed structure forming part of the work of the contract, as soon as
practicable after notification by the contractor that the work is completed and ready for
acceptance. If the work is not acceptable to the Engineer-in-charge at the time of such inspection,
he shall inform the contractor in writing as to the particular defects to be remedied before final
acceptance can be made.
8.12 Defects appearing after acceptance: Any defects which may appear within the defect liability
period and arising, in the opinion of the Engineer-in-charge, from lack of conformance with the
drawings and specifications, shall, if so required by the Engineer-in-charge in writing, be remedied
by the contractor at his own cost within the time stipulated by the Engineer-in-charge. If the
contractor fails to comply, the Engineer-in-charge may employ other persons to remedy the
defects and recover the cost thereof from the dues of the contractor.
8.13 Site Order Book: A Site Order Book is a Register duly certified by the Engineer-in-charge regarding
number of pages it contains, each page being numbered, name of work, name of contractor,
reference of contract/ work order and the aforesaid certificate should be recorded on its first page.
Site Order Books shall be maintained on the sites of works and should never be removed there
from under any circumstances. It shall be the property of the company. The Engineer-in-Charge or
his authorized representative shall duly record his observations regarding any work which needs
action on the part of the contractor like, improvement in the quality of work, failure to adhere to
the scheduled programme etc. as per contract/work order. The contractor shall promptly sign the
site order book and note the orders given therein by the EIC or his representative and comply with
them. The compliance shall be reported by the contractor in writing to EIC in time so that it can be
checked.
The Site Order Book will be consulted by the Engineer-in-Charge at the time of making both running
on account and final bills of the contractor. A certificate to this effect should be given in the
Measurement books by the Engineer-in-Charge or his representative.
8.14 Samples and Testing of Materials: All the materials to be procured by the contractor and to be
used in work shall be approved by the Engineer-in-Charge in advance, and shall pass the tests and
analysis required by him, which will be as specified in the specifications of the items concerned and
or as specified by BIS or the IRC / MORTH standard specifications acceptable to the Engineer-in-
Charge. The method of sampling and testing shall be as per the relevant BIS, IRC/ MORTH and other
relevant standards and practices. Minor minerals like sand, stone chips etc. shall be conforming to
relevant BIS standards. All bought out items including Cement and Steel shall be procured from
such manufacturers who hold valid license conforming to relevant BIS standards for manufacturing
of such items.
8.15 Storage of Materials: Materials shall be so stored as to ensure the preservation of the quality and
fitness for the work. When considered necessary by the Engineer-in-charge, they shall be placed
on wooden platforms or other hard, clean surfaces and not directly on the ground.
Materials shall be placed under cover when so directed and the contractor shall erect and maintain
at his own cost temporary weather-proof sheds at the work site for the purpose. Stored materials
shall be so located as to facilitate prompt inspection. All stored materials shall be inspected at the
time of use in the work, even though they may have been inspected and approved before being
placed in storage or during storage.
8.16 Defective Materials: All materials not conforming to the requirements of the specifications shall
be considered as defective, and all such materials, whether in place or not shall be rejected. They
shall be removed immediately by the contractor at his expenses and replaced with acceptable
material.
No rejected material, the defects of which have been subsequently corrected, shall be used on the
work until approval in writing has been given by the Engineer-in-Charge. Upon failure on the part
of the contractor to comply with any instruction of the Engineer-in-charge made under the
provisions of this article within the time stipulated by the Engineer-in-charge, the Engineer-in-
charge shall have authority to remove and replace defective material and recover the cost of
removal and replacement from the contractor.
Further all such defective material lying at site not removed and replaced within 30 days after issue
of notice by the Engineer-in-charge, if the Engineer-in-charge so decides shall dispose off such
material in any manner without any further written notice to the contractor.
9. Measurement and Payments
Except where any general or detailed description of the work in the Bill of Quantities or
specifications of the contract/ work order provides otherwise, measurement of work done shall be
taken in accordance with the relevant standard method of measurement published by the Bureau
of Indian Standards (BIS) and if not covered by the above, other relevant Standards/practices shall
be followed as per instructions of the Engineer in-Charge.
9.1 All items of work carried out by the contractor in accordance with the provision of the contract
having a financial value shall be entered in the Measurement Book as prescribed by the company
so that a complete record of the measurements is available for all the works executed under the
contract and the value of the work executed can be ascertained and determined there from.
Measurements of completed work / portion of completed work shall be recorded only in the
Measurement Books.
9.2 Measurement shall be taken jointly by the Engineer-in-Charge or his authorized representative and
by the contractor or his authorized representative.
9.3 Before taking measurements of any work, the Engineer-in-Charge or the person deputed by him
for the purpose shall intimate the contractor to attend or to send his representative to attend the
measurement. Every measurement thus taken shall be signed and dated by both the parties on the
site on completion of the measurement. If the contractor objects to any measurements, a note to
that effect shall be made in the Measurement Book / Log Book and signed and dated by both the
parties.
9.4 The measurement of the portion of work/items of work objected to, shall be re-measured by the
Engineer in-Charge himself or the authority nominated by the company for the purpose in the
presence of the contractor or his authorized representative and recorded in the M.B. which shall
be signed and dated by both the parties. Measurements so recorded shall be final and binding upon
the contractor and no claim whatsoever shall thereafter be entertained.
In case the contractor or his authorized representative does not attend to the joint measurements
at the prefixed date and time after due notice, the measurements taken by the Engineer-in-Charge
or his representative shall be final and binding on the contractor.
Measurement of the extra items of work or excess quantities of work duly authorized in writing by
the Engineer in-Charge shall also be taken and recorded in the M.B. based on the existing items in
the SOR of the company and if such items do not exist in the company's SOR, the description of the
work shall be as per actual execution. Payment for such extra items will be based on the rates to
be derived as described in the relevant clauses of the contract/ work-order.
9.5 No work shall be covered up or put out of view without the approval by the Engineer-in-Charge
and recording of measurements and check measurement thereof duly accepted by the contractor.
The contractor shall provide full opportunity to the Engineer-in-Charge or his representative to
examine and measure all works to be covered up and to examine the foundations before covering
up.
The contractor shall also give notice to Engineer-in-Charge whenever such works or foundations
are ready for examination and the Engineer-in-Charge shall without unreasonable delay arrange to
inspect and to record the measurements, if the work is acceptable and advise the contractor
regarding covering of such works or foundations.
9.6 In case of items which are claimed by the contractor but are not admissible according to the
department, measurements of such items, will be taken for record purposes only and without
prejudice so that in case it is subsequently decided by the department to admit the contractor's
claims, there should be no difficulty in determining the quantities of such work. A suitable remark
should, however, be made against such measurements to guard against payment in the ordinary
way.
9.7 Payments: The running on account payments may be made once in a month or at intervals
stipulated in the work order/ contract agreement.
9.7.1 Running on account bill/bills for the work executed/ materials supplied in accordance with the
work order/ contract shall be prepared on the basis of detailed measurements recorded as
described hereinbefore and processed for payments.
9.7.2 Payment of on account bill shall be made on the Engineer-in-Charge's certifying the sum to which
the contractor is considered entitled by way of interim payment for the following:
(a). The work executed as covered by the bill/bills after deducting the amount already paid, the
security deposit and such other amounts as may be deductible or recoverable in terms of
the work order/ contract.
(b). (i) Payment for excess quantity of work done with the written instructions of the Engineer-
in-Charge for items already appearing in the bill of quantities of work with approved rates,
will be made along with the on account bills only up to 10% of the quantity provided in the
agreement subject to overall value of work not exceeding the agreement value.
(ii) The GM(Civil) of the company and / or the Staff Officer(C) of the Area may authorize
interim payment for excess work done up to 20 % of the quantity of work provided in the
Bill of Quantity of the work awarded from Company level and Area level respectively subject
to overall value of work done does not exceed the contract value. This however, shall not be
applicable for High Value Items.
(c). Extra items of work executed will be paid on specific written authorization of GM(C) of the
company or Staff Officer (Civil) of the Area provided that the value of such extra items of
work when added together is not more than 10% of the contract value and the total gross
payment including excess quantity does not exceed the contract value.
Balance amount on account of excess quantity and extra items of work executed shall be
paid after the deviation estimate / revised estimate regularizing the extra items and excess
quantities of work is sanctioned by the competent authority of the company with the
concurrence of the Finance Department of the company.
(d). On the Engineer-in-Charge's certificate of completion in respect of the work covered by the
contract / final measurements of the work certified by the Engineer In Charge or his
representative.
9.7.3 The measurements shall be entered in the M.B for the work done up to the date of completion and
evaluated based on the approved rates for the items in the contract agreement/sanctioned revised
estimate. In case of extra items of work, the rates shall be derived as stated in the relevant clause
of the contract.
The payments shall be released against the final bill subject to all deductions which may be made
on account of materials supplied, water supply for construction, supply of electricity and any other
dues payable by the contractor to the company, and further subject to the contractor having given
to the Engineer-in-Charge a no claim certificate.
The contractor shall indemnify the company against proof of depositing royalty on account of
minor minerals used in the work before the final bill is processed for payments. The final payment
to be made will also be subject to Clause-4.6 & 4.7 of the General Terms & Conditions of the
contract.
9.7.4 Any certificate given by the Engineer-in-Charge for the purpose of payment of interim bill/bills shall
not of itself be conclusive evidence that any work/materials to which it relate is/are in accordance
with the contract and may be modified or corrected by the Engineer-in-Charge by any subsequent
certificate or by the final certificate.
9.7.5 The company reserve the right to recover/enforce recovery of any overpayments detected after
the payment as a result of post payment audit or technical examination or by any other means,
notwithstanding the fact that the amount of disputed claims, if any, of the contractor exceeds the
amount of such overpayment and irrespective of the facts whether such disputed claims of the
contractor are the subject matter of arbitration or not.
The amount of such overpayments shall be recovered from subsequent bills under the contract,
failing that from contractor's claim under any other contract with the company or form the
contractor's security deposit or the contractor shall pay the amount of over payment on demand.
In case of contractor's non-payment on such demand, the same should be realised from the
contractor's dues, if any, with Coal India Limited or any of its subsidiaries.
9.7.6 The contractors are required to execute all works satisfactorily and according to the specifications
laid down in the contract/ work order. If certain items of work, executed by the contractor, are
below specifications, the contractor should re-do them according to the specifications and
instructions of EIC and if the contractor fails to rectify the defect within the time and in the manner
specified by the EIC, the work shall be got re-done or rectified by the department at the risk and
cost of the contractor. Engineer-in-Charge may accept such work of below specifications provided
the department is satisfied with the quality of such works and the strength/ structural safety of
such works. In that case Engineer-in-Charge shall make such deductions for the difference in value,
as in his opinion is reasonable and is approved by the accepting authority of the company i.e.
GM/HoD(C) of the company in this case or any other officer nominated by GM/HoD(C) for the
purpose.
9.7.7 Payment Stage: The payment stage involved will be as under,
(i) Signature of Subordinate Engineer(Civil)/ EA(Civil)/ Sr. Overseer(C) / Overseer(C) in MB’s
both in pages recording measurements, abstract of bill & the duly filled in bill form.
(ii) Signature of Sr. Officer(C)/ Asstt. Manager(Civil) with appropriate check measurements in
the MB’s and the bill form.
(iii) Signature of Dy. Manager(C)/ Manager(C) with appropriate check measurements in MB’s
and the bill form.
(iv) Signature of Engineer-in-Charge as per definition as at clause 1(vii) of the General Terms and
Conditions, as a token of acceptance for payment of the bill. The EIC may sign in the abstract
of the bill in the MB & the bill form. In between stage iii) and iv) accountal checking may be
made by the concerned Accounts Officer/ Accountant.
(In case of non-availability of officials as at (i) above, company may authorize suitable executives
for the works outlined at (i). Further for check measurement also company may authorize
Executives based on availability.
9.7.8 Secured Advance against Material brought to Site
Secured advance on the security of materials (which are not combustible, fragile or perishable in
nature) brought to the site but not yet incorporated in the works will be made up to 75 (seventy-
five) per cent of invoice value, or the 75 (seventy-five) per cent of the corresponding value of the
materials determined on the basis of BOQ rates, whichever is less, subject to the condition that
their quantities are not excessive and shall be used within a period of 90 (ninety) days and subject
to other stipulations in the contract. The contractor will be required to submit an indemnity bond
as per prescribed Form of the company on non-judicial stamp paper of prescribed value,
hypothecating the goods to the procuring entity, and also be responsible for their safe custody.
Before the advance is released, the procuring entity may inspect the site to ensure that the
Contractor has safeguarded the materials against pilferage and deterioration. It may be ensured
that the contractor has not taken any loan/ limit from banks against hypothecation of the materials
against which the secured advance is claimed. An undertaking in this regard may also be taken
from the contractor.
Generally, as per the provisions of the contracts, the contractors are required to submit proof of
cost of materials and the delivery of material at site while claiming such advances. The stock
register should be maintained from the commencement of the contract and, unless otherwise
prescribed in the contracts, the stock, so considered for advance, should generally be only paid
stock (and not brought on credit). Where the materials are supplied from a captive source of the
contractor, the reasonableness of the valuation of such materials may be ensured.
The advance will be repaid from each succeeding running bill (periodic/ interim payment) to the
extent materials for which advance has been previously paid have been incorporated into the
works. This advance shall be recovered in four equal installments or as per consumption whichever
is higher. Engineer-in-Charge shall recover at his discretion all or any part of secured advance paid,
if in his opinion the work is not progressing satisfactorily or the security of these materials at site
is not adequately taken care of by the contractor. In all cases, the repayment of the advance will
be affected after expiry of a period of 120 days since payment of advance, whether the material is
consumed in the work or not.
Secured advance shall be payable for contracts of value above Rs 1.00 Cr only.
At any point of time the outstanding recoverable secured advance shall not be more than 10% of
the contract value.
9.8 Income tax deduction @ 2% (Two percent) of the gross value (excluding GST) of each bill or at the
rate as amended from time to time, shall be made unless exempted by the competent authority of
the Income Tax Department. Further, TDS under GST will be deducted at applicable rates as per
the provisions of GST Act wherever applicable.
Building and Construction Workers Cess (as applicable in States) shall be payable by the contractor.
If, however, the company is asked to make deduction from the contractor's bills, the same shall be
done and a certificate to this effect shall be issued to the contractor for dealing with the State Govt.
and the company does not take any responsibility to do anything further in this regard.
9.9 No interest shall be payable on the amounts withheld, under the terms of the Contract
Agreement/Work order.
10. Termination, Cancellation, Suspension and Foreclosure of Contract
The company shall, in addition to other remedial steps to be taken as provided in the conditions of
contract be entitled to cancel the contract in full or in part, and whether the date of completion
has or has not elapsed, by a two weeks show cause notice in writing if the contractor: -
(a). makes default in proceeding with the works with due diligence and continues to do so even
after a notice in writing from the Engineer-in-Charge, then on the expiry of the period as
specified in the notice
Or
(b). commits default/breach in complying with any of the terms and conditions of the contract
and does not remedy it or fails to take effective steps for the remedy to the satisfaction of
the Engineer-in-Charge, then on the expiry of the period as may be specified by the Engineer-
in-Charge in a notice in writing.
Or
(c). obtains a contract with the company as a result of ring tendering or other non-bonafide
methods of competitive tendering
Or
(d). shall offer or give or agree to give any person in the service of the company or to any other
person on his behalf any gift or consideration of any kind as an inducement or reward for
act/acts of favour in relation to the obtaining or execution of this or any other contract for
his company.
Or
(e). fails to complete the work or items of work with individual dates of completion, on or before
the date/dates of completion or as extended by the company, then on the expiry of the
period as may be specified by the Engineer-in-Charge in a notice in writing.
Or
(f). transfers, sublets, assigns the entire work or any portion thereof without the prior approval
in writing from the Engineer-in-Charge. The Engineer-in-Charge may by giving a written
notice, cancel the whole contract or portion of it in default.
Or
(g). breach of the prohibition against sub-contracting
Or
(h). Committed fraud
However, the contractor shall continue to fulfil the contract to the extent not terminated.
10.1 The contract shall also stand terminated under any of the following circumstances:
(a). If the contractor being an individual in the case of proprietary concern or in the case of a
partnership firm any of its partners is declared insolvent under the provisions of Insolvency
Act for the time being in force, or makes any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors amounting to proceedings for
liquidation or composition under any Insolvency Act.
(b). In the case of the contractor being a company, its affairs are under liquidation either by a
resolution passed by the contractors company or by an order of court, not being a voluntary
liquidation proceedings for the purpose of amalgamation or reorganization, or a receiver or
manager is appointed by the court on the application by the debenture holders of the
contractor's company, if any.
(c). If the contractor shall suffer an execution being levied on his/their goods, estates and allow
it to be continued for a period of 21 (twenty-one) days.
(d). On the death of the contractor being a proprietary concern or of any of the partners in the
case of a partnership concern and the company is not satisfied that the legal representative
of the deceased proprietor or the other surviving partners of the partnership concern are
capable of carrying out and completing the contract. The decision of the company in this
respect shall be final and binding which is to be intimated in writing to the legal
representative or to the partnership concern.
10.2 On cancellation of the contract (except action as per clause 6.1 of GCC) or on termination of the
contract, the Engineer-in-charge shall have powers:
(a). To take possession of the site, any materials, constructional plant, equipment, stores etc.
thereon and carry out balance work through any means or through any other agency.
(b). To give the contractor or his representative of the work 7 (seven) days notice in writing for
taking final measurement for the works executed till the date of cancellation or termination
of the contract. The Engineer-in-Charge shall fix the time for taking such final measurement
and intimate the contractor in writing. The final measurement shall be carried out at the said
appointed time notwithstanding whether the contractor is present or not. Any claim as
regards measurement which the contractor is to make shall be made in writing within 7
(seven) days of taking final measurement by Engineer-In-charge as aforesaid and if no such
claim is received, the contractor shall be deemed to have waived all claims regarding above
measurements and any claim made thereafter shall not be entertained.
(c). After giving notice to the contractor to measure up the work of the contractor and to take
such whole or the balance or part thereof, as shall be unexecuted out of his hands and to
give it to another contractor or take up departmentally, to complete the work. The
contractor whose contract is terminated shall not be allowed to participate in future bidding
for period of minimum twelve months.
In such an event, the contractor shall be liable for loss/damage suffered by the employer because
of action under this clause and to compensate for this loss or damage, the employer shall be
entitled to recover higher of the following:
(i) Forfeiture of security deposit comprising of performance guarantee and retention money at
the disposal of the employer.
Or
(ii) 20% of value of incomplete work excluding GST. The value of the incomplete work shall be
calculated for the items and quantities remaining incomplete (as per provision of agreement)
at the agreement rates excluding GST including price variation as applicable (excluding GST)
on the date, when notice in writing for termination of work was issued to the contractor.
The amount to be recovered from the contractor as determined above, shall, without prejudice to
any other right or remedy available to the employer as per law or as per agreement, will be
recovered from any money due to the contractor on any account or under any other contract and
in the event of any shortfall, the contractor shall be liable to pay the same within 30 days. In case
of failure to pay the same the amount shall be debt payable.
In the event of above course being adopted by the Engineer-in-charge, the contractor shall have
no claim to compensation for any loss sustained by him by reasons of his having purchased
materials, equipment or entered into agreement or made advances on any account or with a view
to the execution of work or performance of the contract. And in case action is taken under any of
provision aforesaid, the contractor shall not be entitled to recover or to be paid any sum for any
work thereof or actually performed under this contract unless and until the engineer-in-charge has
certified in writing the performance of such work and value payable in respect thereof and he shall
only be entitled to be paid the value so certified.
The need for determination of the amount of recovery of any extra cost/expenditure or of any
loss/damage suffered by the company shall not however arise in the case of termination of the
contract for death/demise of the contractor as stated in 10.1(d).
10.3 Suspension of Work:
Suspension of work – The Company shall have power to suspend the work. The contractor shall on
receipt of the order in writing of Engineer-in -charge (whose decision shall be final and binding on
the contractor), suspend the progress of work or any part thereof for such time in such manner as
the Engineer-in-Charge may consider necessary so as not to cause any damage, or endanger the
safety thereof for any of the following reasons:
(a). on account of any default on the part of the contractor, or
(b). for proper execution of the works, or part thereof, for reasons other than the default of the
contractor or,
(c). for safety of the works, or part thereof.
The contractor shall, during such suspension properly protect and ensure the works to the extent
necessary and carry out the instruction of the Engineer-in-charge. If the suspension is ordered for
reasons (b) & (c), the contractor shall be entitled to an extension of time equal to the period of
every such suspension plus 25%. This shall also be applicable for completion of the item or group
of items of the work for which a separate period of completion as specified in the contract and of
which the suspended work forms a part.
The contractor shall carry out the instructions given in this respect by the Engineer-In Charge & if
such suspension exceeds 45 (forty five) days, the contractor will be compensated on mutually
agreed terms.
10.4 Foreclosure of contract:
If at any time after acceptance of the tender the company decides to abandon or reduce the scope
of work for any reason whatsoever the company, through its Engineer-in-Charge, shall give notice
in writing to that effect to the contractor and contractor shall act accordingly in the matter. In the
event of abandonment, the contractor shall have no claim to any payment of compensation or
otherwise whatsoever, other than those mentioned below: -
(a). to pay reasonable amount assessed and certified by the Engineer-in-Charge of the
expenditure incurred, if any, by the contractor on preliminary works at site e.g. temporary
access roads, temporary construction for labour and staff quarters, office accommodation,
storage of materials, water storage tanks and water supply for the work including supply to
labour/ staff quarters, office etc.
(b). to pay the contractor at the contract rates full amount for works executed and measured at
site up to the date of such abandonment.
(c). to pay for the materials brought to site or to be delivered at site, which the contractor is
legally liable to pay, for the purpose of consumption in works carried out or were to be
carried out but for the foreclosure, including the cost of purchase and transportation and
cost of delivery of such materials. The materials to be taken over by the company should be
in good condition and the company may allow at its discretion the contractor to retain the
materials in full or in part if so desired by him and to be transported by the contractor from
site to his place at his own cost with due permission of the EIC.
(d). to take back the materials issued by the company but remaining unused, if any, in the work
on the date of abandonment/reduction in the work, at the original issue price less allowance
for any deterioration or damage caused while in custody of the contractor.
(e). to pay for the transportation of tools and plants of the contractor from site to contractor's
place or to any other destination, whichever is less.
10.4.1 The contractor shall, if required by the Engineer-in-Charge, furnish to him books of accounts,
papers, relevant documents as may be necessary to enable the Engineer-in-Charge to assess the
amounts payable in terms of clauses10.4(a) (c) & (e) of the contract. The contractor shall not have
any claim for compensation for abandonment of the work, other than those as specified above.
11. Carrying out Part Work at Risk & Cost of Contractor.
If the progress of the work or of any portion of the work is unsatisfactory, the Engineer-in-Charge,
after giving the contractor 15 days’ notice in writing, without cancelling or terminating the contract,
shall be entitled to employ another Agency for executing the job or to carry out the work
departmentally or contractually through tendering / limited tendering process, either wholly or
partly, debiting the contractor with cost involved in engaging another Agency or with the cost of
labour and the prices of materials, as the case may be. The certificate to be issued by the Engineer-
in-Charge for the cost of the work so done shall be final and conclusive and the extra cost, if any,
shall be borne by the contractor. However, when this clause is invoked, penalty will not be
applicable other than on account of delayed completion.
The value of the work taken away shall be calculated for the items and quantities taken away at
the agreement rates including price variation as applicable on the date, when notice in writing for
taking away part work was issued to the contractor. The contractor, from whom part work is being
taken out, shall not be allowed to participate in the tendering process if any. If the expenses
incurred by the department is less than the amount payable to the contractor at his agreement
rates, the difference shall not be payable to the contractor.
In the event of above course being adopted by the Engineer-in-Charge, the contractor shall have
no claim to compensation for any loss sustained by him by reasons of his having purchased or
procured any materials or entered into any engagements or made any advance on any account or
with a view to the execution of the work or the performance of the contract.
Note: In this case, the provisions like SPLT (Refer Clause No. 4.01.11 of Part I of MCEW) may be
resorted to by CIL/ Subsidiary.
12. Completion Certificate/ Defect Liability Certificate
Except in cases where the contract provides for "Performance Test" before issue of Defect Liability
certificate, in which case the issue of Defect Liability certificate shall be in accordance with the
procedure specified therein, the contractor shall give notice of completion of work, as soon as the
work is completed, to the Engineer-in Charge. The Engineer-in-Charge and or any other Officer,
nominated for the purpose by the company, shall within 30 (thirty) days from the receipt thereof,
inspect the work and ascertain the defects/deficiencies, if any, to be rectified by the contractor as
also the items, if any, for which payment shall be made at reduced rate.
If the defects, according to the Engineer-in-Charge are of a major nature and the rectification of
which is necessary for the satisfactory performance of the contract, he shall intimate in writing the
defects and instruct the contractor to rectify the defects/remove deficiencies within the period
and in the manner to be specified therein. In such cases Defect Liability Certificate will be issued
by the EIC after the above rectifications are carried out/ deficiencies are removed by the contractor
to the satisfaction of EIC.
In the event there are no defects or the defects/ deficiencies are of a minor nature and the
Engineer-in-Charge is satisfied that the contractor has already made arrangements for rectification,
or in the event of contractor's failure to rectify the defects for any reason whatsoever, the defects
can be rectified by the company departmentally or by other means and the 50% of the security
deposit of the contractor shall be sufficient to cover the cost thereof, he shall issue the Defect
Liability Certificate ( Taking Over Certificate with list of defects )indicating the date of completion
of the work, defects to be rectified, if any, and the items, if any, for which payment shall be made
at reduced rate indicating reasons there for and with necessary instructions to the contractor to
clear the site/place of work or all debris/ waste materials, scaffoldings, sheds, surplus materials
etc. making it clean.
12.1 In cases where separate period of completion for certain items or groups of items are specified in
the contract, separate Defect Liability certificate for such items or groups of items may be issued
by the Engineer-in-Charge after completion of such items on receipt of notice from the contractor
only in the event the work is completed satisfactorily in every respect.
Refund of security deposit and payment of final bill shall, however, be made on completion of the
entire contract work, but not on completion of such items of work.
12.2 Before the date fixed for completion of work, the work as well as the site of work are to be made
clean after removal of rubbish, scaffolding, surplus materials, temporary structures etc.
12.3 In case of contractor's failure to clear the site, the EIC shall have right to get the work done. The
cost thereof shall be recovered from the final bill of the contractor.
13. Additional Responsibilities of the Contractor(s)
The cost on account of the "Additional Responsibilities of the Contractors" under this clause is
deemed to be included in the tendered rates.
(i) The company reserves the rights to let other contractors also work in connection with the
Project and the contractor/contractors shall co-operate in the works for the introduction
and stores and materials and execution of his/their works.
(ii) The contractor shall employ, on the site in connection with the execution and maintenance
of the work, technical and managerial staff as mentioned in Bill of Quantities.
The contractor shall intimate the Engineer-in-Charge in writing the names, qualifications,
experience and full postal address of each and every technical personnel employed at site by
him.
The contractor(s) shall not be allowed to execute the work unless he/they engage the required
technical staff as assessed by Engineer-in-charge or as specifically mentioned in the bid. The
delay on this account, if any, shall be the contractor's responsibility.
Important instructions shall be confirmed to the contractor(s) in writing. If the
contractor/contractors in course of the works finds/find any discrepancy between the
drawing, forming part of the contract documents and the physical conditions of the locality or
any errors or omissions in drawings except those prepared by himself / themselves and not
approved by the Engineer-in-Charge. It shall be his/their duty to immediately inform the
Engineer-in-Charge in writing and the Engineer-in-Charge shall verify the same. Any work done
after such discovery and without intimation as indicated above will be done at the risk of the
contractor/contractors.
(iii) The contractor / contractors shall employ only competent, skillful and orderly men to do the
work. The Engineer-in-Charge shall have the right to ask the contractor/ contractors to
remove from the work site any men of the contractor/contractors who in his opinion is
undesirable and the contractor/contractors will have to remove him within 3 (three) hours
of such orders.
The contractor shall employ apprentices in the execution of the contract work as required
under Apprentices Act.
The contractor shall further be responsible for making arrangements at his own cost, or
accommodation and social needs of the staff and workers under his employment.
(iv) Precautions shall be exercised at all times by the contractor(s) for the protection of persons
(including employees) and property. The safety required or recommended by all applicable
laws, codes, statutes and regulations shall be observed by the contractor(s). In case of
accidents, the contractor(s) shall be responsible for compliance with all the requirements
imposed by the Workmen's Compensation Act or any other similar laws in force and the
contractor shall indemnify the company against any claim on this account.
All scaffoldings, ladders and such other structures which the workmen are likely to use shall
be examined by the Engineer-in-Charge or his authorized representative whenever they
want and the structure must be strong, durable, and safe and of such design as required by
Engineer-in-Charge.
In no case any structure condemned by the Engineer-in-Charge or his authorized
representatives shall be kept on the work and such structure must be pulled down within
three hours of such condemnation and any certificate or instructions, however, shall in no
way absolve the contractor/contractors from his/their responsibility, as an employer, as the
company shall in no way be responsible for any claim.
The contractor / contractors shall at all times exercises reasonable precautions for the safety
of employees in the performance of his/their contract and shall comply with all applicable
provisions of the safety laws drawn up by the State Govt. or Central Govt. or Municipalities
and other authorities in India. The contractor/contractors shall comply with the provision of
the safety hand book as approved and amended from time to time by the Government of
India.
(v) The contractor / contractors shall familiarize themselves with and be governed by all laws
and rules of India and Local statutes and orders and regulations applicable to his/ their work.
(vi) The contractor shall maintain all records as per the provision made in the various statutes
including Contract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour
(Regulation & Abolition) Central Rules,1971, Minimum Wages Act, Workmen Compensation
Act etc. and latest amendment thereof. Such records maintained by the contractor shall be
opened for inspection by the Engineer-in-Charge or by the nominated representative of the
Principal Employer.
(vii) The contractor/ contractors shall provide facilities for the sanitary necessities of all persons
employed on the work shall be constructed and maintained in the number, manner and
place approved or ordered by the Engineer-in-Charge. The contractor/ contractors shall
vigorously prohibit committing of nuisance at any other place. Cost of all works under this
item shall be covered by the contractor/contractor's tendered rates.
(viii) The contractor/contractors shall furnish to the Engineer-in-Charge or his authorized
representative with work reports from time to time regarding the contractor / contractors
organization and the progress made by him / them in the execution of the work as per the
contract.
(ix) All duties, taxes (excluding Goods and Services Tax and GST Compensation Cess (If
applicable) only) and other levies, royalty, building and construction workers cess (as
applicable in States), whether local, municipal, provincial or central pertaining to the
contract payable by the bidder/Contractor under the Contract (during the entire period of
contract), or for any other cause as applicable on the last date of submission of Bid, shall be
included in the rates, prices and the total Bid Price submitted by the Bidder. Applicable GST,
if any, either payable by bidder or by company under reverse change mechanism shall be
computed by system in BOQ sheet as per predefined logic.
All investments, operating expenses, incidentals, overheads, lifts, carriages, tools and plants
etc. as may be attendant upon execution and completion of works shall also be included in
the rates, prices and total Bid price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission of
Bid and/or any increase over the rate existing on the last date of submission of Bid shall be
reimbursed by the company on production of documentary evidence in support of payment
actually made to the concerned authorities.
Similarly if there is any decrease in such duties, taxes and levies the same shall become
recoverable from the contractor. The details of such duties, taxes and other levies along with
rates shall be declared by the bidder.
The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but
excluding GST & GST Compensation Cess, if applicable. The payment of GST and GST
Compensation Cess by service availer (i.e. CIL/Subsidiary) to bidder/contractor (if GST
payable by bidder/contractor) would be made only on the latter submitting a Bill/invoice in
accordance with the provision of relevant GST Act and the rules made thereunder and after
online filing of valid return on GST portal. Payment of GST & GST Compensation Cess is
responsibility of contractor.
Further, any GST credit note required to be issued by the bidder / contractor under the GST
provisions should be issued within the time limit prescribed under the GST law.
However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered
under composition scheme in compliance with GST rules, the bidder/dealer shall not charge
any GST and/or GST Compensation Cess on the bill/invoice. In case of unregistered
dealer/bidder, GST, if applicable will be deposited by CIL/Subsidiary directly to concerned
authorities in terms with GST provisions.
Input tax credit is to be availed by CIL/Subsidiary as per rule.
If CIL/Subsidiary fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and
Capital Goods or the ITC claimed is disallowed due to failure on the part of supplier/vendor
of goods and services in incorporating the tax invoice issued to CIL/Subsidiary in its relevant
returns under GST, payment of CGST & SGST or IGST, GST (Compensation to State ) Cess
shown in tax invoice to the tax authorities, issue of proper tax invoice or any other reason
whatsoever, the applicable taxes & cess paid based on such Tax invoice shall be recovered
from the current bills or any other dues of the supplier/vendor along with interest and
penalty, if any.
The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and
shall not be subject to variations on any account except to the extent variations allowed as
per the conditions of the contract of the bidding document.
The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc.
and to deal with such amount in terms of the provisions of the Statute or in terms of the
direction of any statutory authority and the company shall only provide with certificate
towards such deduction and shall not be responsible for any reason whatsoever.
In case of collection of minor minerals in area (both virgin and non-virgin), acquired by the
Company under the Coal Act, the contractor will have to produce a royalty clearance
certificate from the District Authorities before full and final payment.
Note: During the execution of the contract if the GST status of the bidder changes, then the
payment of GST, if any, to the contractor will be made as per the GST status declared by the
bidder during tender stage based on which cost to company has been ascertained or at
actuals, whichever is lower.
(x) The contractor / contractors shall make his/ their own arrangement for all materials, tools,
staff and labourer required for the contract, which shall include cost of lead, lift, loading,
unloading, railway freight, recruiting expenses and any other charges for the completion of
the work to entire satisfaction of the company.
(xi) The contractor / contractors shall make their own arrangement for carriage of all materials
to the work site at his/their own cost.
(xii) The work shall not be sublet to any other party, unless approved by Engineer-in-Charge, in
writing. Prior permission is required to be taken from the owner for engagement of sub-
contractor in part work/ piece rated work.
(xiii) a) No fruit trees or valuable plants or trees with trunk diameter exceeding 150 mm shall be
pulled, destroyed or damaged by the contractor/contractors or any of his/their employees
without the prior permission of the company, failing which the cost of such trees or plants
shall be deducted from the contractor/contractors dues at the rate to be decided by the
company. The rates quoted are supposed to include clearance of shrubs and jungles and
removal of such trees up to 150 mm dia., as will be permitted by the Engineer-in-Charge in
writing.
b) Anything of historical or other interest or of significant value unexpectedly discovered on
the site is the property of the employer. The Contractor is to notify the Nodal Officer or his
nominee of such discoveries and carry out the Nodal Officer or his nominee’s instructions
for dealing with him.
(xiv) The contractor / contractors shall not pay less than the minimum wages to the labourer
engaged by him/them as per Minimum Wages Act or such other legislation or award of the
minimum wage fixed by the respective State Govt. or Central Govt. as may be in force. The
contractor / contractors shall make necessary payments of the provident fund for the
workmen employed by him for the work as per the laws prevailing under provisions of CMPF
and allied scheme and Miscellaneous Provisions Act, 1948 or Employees Provident Fund and
Miscellaneous Provisions Act 1952 as the case may be.
Payable statutory payments like PF & ESI contributions paid to the contract workers as
applicable shall be reimbursed to the contractor on production of proof of payment limited
to the maximum likely number of workmen to be deployed as indicated in the tender
document. Such payments shall be made on quarterly basis and shall not be included in the
Contract Value.
(xv) All accounts shall be maintained properly and the company shall have the right of access and
inspection of all such books of accounts etc., relating to payment of labourer in online mode
including payment of provident fund considered necessary.
(xvi) The contractor shall in additions to any indemnity provided by the relevant clauses of the
agreement or by law, indemnify and keep indemnified for the following:
(a). The company or any agent or employee of the company against any action, claim or
proceeding relating to infringement or use of any patent or design right and shall pay
any royalties or other charges which may be payable in respect of any article or
material included in the contract. However, the amount so paid shall be reimbursed
by the company in the event such infringement has taken place in complying with the
specific directions issued by the company or the use of such article or material was
the result of any drawing and/or specifications issued by the company after
submission of tender by the contractor. The contractor must notify immediately after
any claim being made or any action brought against the company, or any agent or
employee of company in respect of any such matter.
(b). The company against all claims, damages or compensation under the provisions of
payment of Wages Act, 1938, Minimum Wages Act, 1948, Employer's Liability Act,
1938, The Workmen's Compensation Act, 1923, Industrial Dispute Act, 1947, Mines
Act as applicable, Employees State Insurance Act 1948 and Maternity Benefit Act,
1961, Acts regulating P.F. or any modification thereof or any other law relating thereto
and rules made there under from time to time, as may be applicable to the contract
which may arise out of or in consequence of the construction or maintenance or
performance of the work under the contract and also against costs, charges and
expenses of any suit, action or proceedings arising out of any accident or injury.
(c). The company against all losses and claims for injuries or damages to any third party
or to any property belonging to any third party which may arise out of or in
consequence of the construction or maintenance or performance of the work under
the contract and against all claims/demands proceedings/damages, cost charges and
expenses whatsoever in respect of or in relation thereto.
(xvii) The contractor is under obligation to hand over to the company the vacant possession of the
completed building structures failing which the Engineer-in-Charge can impose a levy upon
the contractor upto 5% of the total contract value excluding GST for the delay in handing
over the vacant possession of the completed works after giving a 15 (fifteen) days notice to
the contractor.
(xviii) Insurance - The contractor shall take full responsibility to take all precautions to prevent loss
or damage to the works or part thereof for any reasons whatsoever (except for reasons
which are beyond control of the contractor or act of God, e.g. flood, riots, war, earthquake,
etc.) and shall at his own cost repair and make good the loss/damage to the work so that on
completion, the work shall be in good order and condition and in conformity with the
requirements of the contract and instructions of the Engineer-in-charge.
The contractor/contractors shall take following insurance policies during the full contract
period at his own cost:
(a). In the case of construction works, without limiting the obligations and responsibilities
under the contract, the contractor shall take insurance policy for the works and for all
materials at site so that the value of the works executed and the materials at site up
to date are sufficiently covered against risk of loss/damage to the extent as
permissible under the law of insurance. The contractor shall arrange insurance in joint
names of the company and the contractor. All premiums and other insurance charges
of the said insurance policy shall be borne by the contractor.
The terms of the insurance policy shall be such that all insurance claims and
compensations payable by the insurers, shall be paid to the Employer and the same
Charge for the purpose of protection of the works, materials at site, safety of workmen and
convenience of the public.
(xxiii) All materials (e.g. stone, moorum and other materials) obtained in the course of execution
of the work during excavation and dismantling etc. shall be the property of the company and
the same may be issued to the contractors, if required for use in the works at the rates to be
fixed by the Engineer-in-Charge.
(xxiv) Unless otherwise specifically provided for, dewatering of excavation pits, working areas etc.
shall be the contractor's responsibility and is to be carried out at his own cost as per
instructions of EIC. The rates quoted by the contractor shall be deemed to include the
dewatering costs.
(xxv) Approval by the Nodal Officer/Engineer-in-Charge or his nominee: The contractor shall
submit specifications and drawings showing the proposed temporary work to the Nodal
Officer/Engineer-in-Charge or his nominee, who is to approve them if they comply with the
specifications and drawings.
The contractor shall be responsible for design of Temporary Works.
The Nodal Officer/Engineer-in-charge or his nominee’s approval shall not alter the
contractor’s responsibility for design of the Temporary Works.
(xxvi) The contractor shall directly pay the ex-gratia amount of Rs.15.00 (Fifteen) lakhs to the
eligible dependent family members of the deceased contractor’s worker, who died in mine
accident as certified by DGMS, to whom the statutory benefits under Employee
Compensation Act, Provident Fund etc. have been paid, as per the terms of contract or
through Insurance Company by availing Group Personal Accident Insurance Policy for all its
workers before commencement of the contract, which shall be renewed periodically to
cover the entire duration of the contract. No reimbursement shall be made on this account
by CIL/Subsidiary.
In order to comply with the above provisions, contractor shall immediately on receipt of
letter of acceptance/work order shall obtain group personal accident insurance in respect of
all the workmen engaged in mining activities for payment of Rs.15.00(fifteen) lakhs in case
of death in mine accident. A proof to such effect shall be produced to the satisfaction of the
management before commencement of the work. However, the responsibility of payment
of special relief/ex-gratia amount shall lie exclusively with the Contractor.
If the contractor fails to disburse the special Relief/Ex-gratia within the due date, the
subsidiary concerned may make payment to the eligible dependent as mentioned herein
above. However, such amount shall be recovered from the Contractor from his dues either
in the same and/or other subsidiaries of CIL.
14. Defects Liability Period:
In addition to the defect/s to be rectified by the contractor as per terms of the contract/ work
order, the contractor shall be responsible to make good and remedy at his own expense the
defect/s mentioned hereunder within such period as may be stipulated by the Engineer-in-Charge
in writing:
(a). Any defect/defects in the work detected by the Engineer-in-Charge within a period of 6 (six)
months from the date of issue of Defect Liability certificate / completion certificate.
(b). In the case of building works or other works of similar nature any defect in the work detected
by the Engineer in-Charge within a period of 6 (six) months from the date of issue of Defect
Liability certificate/ completion certificate or before the expiry of one full monsoon period
i.e. June to September whichever is later in point of time.
14.1 A programme shall be drawn by the contractor and the Engineer-in-Charge for carrying out the
defects by the contractor detected within the defect liability period and if the contractor fails to
adhere to this programme, the Engineer-in-Charge shall be at liberty to procure proper materials
and carry out the rectifications in any manner considered advisable under the circumstances and
the cost of such procurement of materials and rectification work shall be chargeable to the
contractor and recoverable from any of the pending dues of the contractors.
The defect liability period can be extended by the company on getting request from the contractor
only for valid reasons.
There will be no defect liability period for works like Grass Cutting, Jungle Cutting, Surface Dressing
& any other work of similar nature to be decided by the Engineer-in-Charge.
Matters for which provision has been made in any clause of the contract shall be deemed as ‘excepted
matters’ (matters not disputable), and decisions of the Company, thereon, shall be final and binding
on the contractor. The ‘excepted matters’ shall stand expressly excluded from the purview of the
Dispute Resolution Mechanism. However, where the Procuring Entity has raised the dispute, this sub-
clause shall not apply. Unless otherwise stipulated in the contract, excepted matters shall include but
not limited to:
1. Any controversies or claims brought by a third party for bodily injury, death, property
damage or any indirect or consequential loss arising out of or in any way related to the
performance of this Contract (“Third Party Claim”), including, but not limited to, a Party’s
right to seek contribution or indemnity from the other Party in respect of a Third-Party Claim.
2. Issues related to the pre-award tender process or conditions.
3. Issues related to ambiguity in contract terms shall not be taken up after a contract has been
signed. All such issues should be highlighted before the contractor signs the contract.
4. Issues related to contractual action/ termination of contract etc., by the Company on
account of fraud, corruption, debarment of contractors, criminal or wilful negligence of the
contractor etc.
5. Issues that are already under investigation by CBI, Vigilance, or any other investigating
agency or government.
6. Provisions incorporated in the contract, which are beyond the purview of the Company or
are in pursuance of policies of Government, including but not limited to
a). Provisions of restrictions regarding local content and Purchase Preference to Local
suppliers in terms of the Make in India policy of the Government.
b). Provisions regarding restrictions on Entities from Countries having land-borders with
India in terms of the Government’s policies in this regard.
c). Purchase preference policies regarding MSEs and Start-ups
SETTLEMENT OF DISPUTES WITH THE CONTRACTOR
It is incumbent upon the contractor to avoid litigation and disputes during the course of execution.
However, if such disputes take place between the contractor and the department, effort shall be
made first to settle the disputes at the Company level.
The contractor should make request in writing to the Engineer-in-charge for settlement of such
disputes/ claims within 30 (thirty) days of arising of the cause of dispute/ claim failing which no
disputes/ claims of the contractor shall be entertained by the Company.
The dispute is to be resolved as per following stages:
In first stage dispute shall be referred as given below:
Scenario The dispute shall be referred to: Scenario The dispute shall be referred to:
For works executed at Area / sub-area / project Area GM
level where Area GM is not Engineer-in-charge
(EIC) and EIC is under the administrative
control of Area GM:
For works executed at Area / sub-area / project HOD(concerned Subsidiary HQ
level and Area GM is Engineer-in-charge:
For works executed at / through HQ level HOD (concerned department), Subsidiary HQ /
where HOD(concerned department) is not CIL, as the case may be.
Engineer-in charge (EIC) and EIC is under the
administrative control of HOD
For works executed at / through HQ level and Serving officer not below the rank of HOD / E8,
HOD(concerned department) is Engineer-in- nominated by concerned Director.
charge
If dispute still persist even after 60 days (extendable by another 30 days with mutual consent) of
receipt of representation to Engineer-in-charge, then the Dispute shall be attempted to be
resolved, as far as feasible, before recourse to courts, in the sequence as mentioned below, and
the next mechanism shall not be invoked unless the earlier mechanism has been invoked or has
failed to resolve it within the deadline mentioned therein:
a) Adjudication
b) Mediation
NOTE: While processing a case for dispute resolution/ litigation, the Company may take legal
advice at appropriate stages.
Adjudication
1. After exhausting efforts to resolve the Dispute in the first stage as mentioned above, the
contractor shall give a ‘Notice of Adjudication’ specifying the matters which are in question
or subject of the dispute or difference indicating the relevant contractual clause(s), as also
the amount of claim (item-wise) to the concerned Director, Subsidiary / CIL for invoking
resolution of the dispute through Adjudication.
2. Concerned Director Subsidiary / CIL can himself be the Adjudicator or can nominate an
Adjudicator (a serving officer of Subsidiary / CIL not below the rank of HOD / E8, as the case
may be).
3. During his adjudication, the Adjudicator shall give the contractor an adequate opportunity
to present his case. Within 60 days (extendable by another 30 days with mutual consent)
after receiving the representation, the Adjudicator shall make and notify decisions in writing
on all matters referred to him. The parties shall not initiate, during the adjudication
proceedings, any conciliation, arbitral (if available in the existing contracts) or judicial
proceedings in respect of a dispute that is the subject matter of the adjudication
proceedings.
NOTE: If differences still persist, the settlement of the dispute or differences relating to the
interpretation and application of the provisions of commercial contract(s) between Central Public
Sector Enterprise (CPSEs)/ Port Trusts inter se and also between CPSEs and Government Departments/
Organizations (excluding disputes relating to Railways, Income Tax, Customs & Excise Department),
shall be taken up by either party for its resolution through Administrative Mechanism for Resolution
of CPSEs Disputes (AMRCD) as mentioned in DPE OM No. 05/003/2019-FTS-10937 dated 14th
December 2022 and the decision of AMRCD on the said dispute will be binding on both the parties.
For other contracts, if not satisfied by the decision in adjudication, or if the adjudicator fails to notify
his decision within the above-mentioned time-frame, the contractor may proceed to invoke the
process of Mediation as follows.
Mediation
(i) Any party may invoke Mediation by submitting “Notice of Mediation” to the CMD of concerned
Subsidiary / CIL. A neutral third party, known as the Mediator, facilitates the mediation process.
(ii) The Mediation Act and a Mediation Agreement: The Mediation shall be conducted as per The
Mediation Act 2023.
(iii) Guidelines for Mediation: Department of Expenditure, Ministry of Finance has issued guideline
on Mediation. Government departments/ entities/ agencies are encouraged to adopt
mediation under the Mediation Act 2023 and/ or negotiate amicable settlements to resolve
disputes. Where necessary, e.g. matters of high value, they may proceed in the manner
discussed below:
1. Company, may where they consider appropriate, e.g. in high-value matters (where
amount of dispute / claim value is more than the DoP of concerned Director), constitute
a High-Level Committee (HLC) (minimum 03 members) for dispute resolution, which may
include the following (this composition is purely indicative and not prescriptive):
i. A retired judge.
ii. A retired high-ranking officer and/ or technical expert.
2. ln cases where a HLC is constituted, the Company may either
i. negotiate directly with the other party and place a tentative proposed solution
before the HLC or
ii. conduct mediation through a mediator and then place the tentative mediated
agreement before the HLC or
iii. use the HLC itself as the mediator.
3. This will enable decisions taken for resolving disputes in appropriate matters to be
scrutinized by a high-ranking body at arms-length from the regular decision-making
structure, thereby promoting fair and sound decisions in the public interest, with probity.
4. There may be rare situations in long-duration works contracts where a renegotiation of
the terms may best serve public interest due to unforeseen major events. In such
circumstances, the terms of the tentative re-negotiated contract may be placed before a
suitably constituted High-Level Committee before approval by the competent authority.
5. Disputes where the methods outlined above are unsuccessful should be adjudicated by
the courts.
(iv) Appointment of Mediator(s):
1. Mediators can be of any nationality and must be registered with the Mediation Council
of India (MCI) or empanelled by a court-annexed mediation centre or empanelled by an
Authority constituted under the Legal Services Authorities Act, 1987 or empanelled by a
mediation service provider (MSP) recognised by MCI.
2. Within 30 days of receipt of the “Notice of Mediation”, the CMD of subsidiary / CIL after
consultation with concerned Legal department shall propose names of three likely
mediators from its panel, asking the other party to choose one as Mediator. The mutually
accepted mediator shall then be appointed to conduct mediation.
3. If parties do not agree on the mediator, they can approach a mediation service provider
("MSP", recognised by MCI), who shall appoint a mediator based on the suitability and
preferences of the parties within 7 days.
4. In contracts having an Integrity Pact, Independent External Monitors (IEMs) can be
appointed as mediators, as per the Standard Operating Procedure (SOP) issued by the
Central Vigilance Commission (CVC).
5. After a mediator is appointed, they must disclose any conflict of interest. Either party can
seek a replacement of the Mediator after such disclosure.
(v) Venue: Mediation must be conducted within the territorial jurisdiction of the Court, which has
jurisdiction to decide the dispute unless both parties agree to do it online or at the HQ of the
subsidiary / CIL where the contract has been executed.
Online Mediation: The Act allows parties to opt for online/ virtual Mediation, which shall be
deemed to occur within the jurisdiction of a competent court. The Act also requires online
mediation communication mechanisms to ensure confidentiality.
(vi) The Process:
1. The Mediator independently and impartially encourages open communication and
cooperation between disputing parties to reach an amicable settlement, but he does not
have the authority to impose a settlement upon the parties to the dispute. The parties
shall be informed expressly by the mediator that he only facilitates in arriving at a
resolution of the dispute and that he shall not impose any settlement nor give any
assurance that the mediation may result in a settlement.
2. Unlike court proceedings, Mediation is informal and flexible and allows for creative
problem-solving and exploration of various solutions. The Code of Civil Procedure or the
Indian Evidence Act, 1872 shall not be binding on the mediator.
3. Confidentiality: Subject to the other provisions of the Mediation Act 2023, the mediator,
mediation service provider, the parties and participants in the mediation shall keep
confidential all the following matters relating to the mediation proceedings, namely: —
i. acknowledgements, opinions, suggestions, promises, proposals, apologies and
admissions made during the mediation;
ii. acceptance of, or willingness to, accept proposals made or exchanged in the
mediation;
iii. documents prepared solely for the conduct of mediation or in relation thereto;
iv. any other mediation communication.
v. No audio or video recording of the mediation proceedings shall be made or
maintained by the parties or the participants, including the mediator and
mediation service provider, whether conducted in person or online, to ensure the
confidentiality of the mediation proceedings.
4. The mediator initially meets the parties separately and communicates the view of each
party to the other to the extent agreed upon by them. He assists them in identifying
issues, advancing better understanding, clarifying priorities, and exploring areas of the
parties’ responsibility, identifying common interests, and encouraging compromise. He
then meets them jointly to encourage a mutually acceptable resolution. At any stage of
the mediation proceedings, at the parties’ request, the mediator may suggest a dispute
settlement in writing.
i. Termination of Mediation: The process must be completed within 120 days,
though parties can extend it by another 60 days through mutual consent. If
Mediation is not completed within this timeline (120+60 days), the Mediator shall
prepare a non-settlement report without disclosing the cause of non-settlement
or any other matter or thing referring to their conduct during mediation for the
parties or the MSP. Mediation shall also stand terminated on a declaration of the
mediator, after consultation with the parties or otherwise, that further efforts at
mediation are no longer justified or on communication by party(ies) in writing,
addressed to the mediator and the other parties that they wish to opt out of
mediation.
ii. Mediated Settlement Agreement (MSA):
As per Section 49 of Mediation Act, Notwithstanding anything contained in this Act,
no dispute including a commercial dispute, wherein the Central Government or
State Government or any of its agencies, public bodies, corporations and local
bodies including entities controlled or owned by them is a party, the settlement
agreement arrived at shall be signed only after obtaining the prior written consent
of the competent authority of such Government or any of its entity or agencies,
public bodies, corporations and local bodies, as the case may be.
If the parties resolve the dispute and execute a mediated settlement agreement (“MSA”),
then the Mediation is successful. An MSA is a written agreement settling some or all
disputes and may extend beyond the disputes referred to mediation. It must be valid
under the Indian Contract Act, signed by both parties and duly authenticated by the
Mediator for the parties or the MSP. The Act provides options for MSA registration.
During the pendency of proceedings, parties can also execute other agreements, settling
some of the subject- matter disputes.
1. Challenge to MSA: MSA can be challenged within 90 days on limited grounds of (a)
fraud, (b) corruption, (c) impersonation, and (d) subject matter being unfit for
Mediation.
2. Execution of MSA: If there is no challenge or a challenge is unsuccessful, the Act
ensures that the MSA is binding and enforceable, akin to a judgment or decree.
This means that if one party fails to comply with the MSA, the non-defaulting party
has a right to enforce it through the Court.
3. Costs: The parties shall equally bear all costs of mediation, including the fees of the
mediator and the charges of the mediation service provider.
4. No claim of Interest during Mediation proceedings: Parties shall not claim any
interest on claims/counter-claims from the date of notice invoking Mediation till
the execution of the settlement agreement if so arrived. If parties cannot resolve
the dispute, either party shall claim no interest from the date of notice invoking
Mediation until the date of Termination of Mediation Proceedings.
5. The parties shall not initiate, during the mediation proceedings, any arbitral or
judicial proceedings in respect of a dispute that is the subject matter of the
mediation proceedings.
17. E-way Bill: The e-way bill required in connection with supply of goods or services, if any, shall be
arranged by the supplier/vendor. However, the e-way bill will be arranged by CIL/Subsidiary if the
supplier/vendor is unregistered one or if provisions of the relevant Act and the rules made there
under specifically states that the e-way bill is required to be issued by recipient of goods.
18. Recovery: In the event of recovery of any claim towards LD Charges, Penalty, fee, fine or any other
charges from the supplier/vendor, the same will be recovered excluding GST and the amount shall
be adjusted with the payment to be made to the supplier/vendor against their bill/invoice or any
other dues.
19. Provision of Electrical License: The contractor shall submit valid electrical license either in his name
or of his authorized representative/supervisor [under whose supervision electrification work
(internal and/or external) will be executed] issued by Electrical Licensing Board / Authority of the
Indian State / UT, in accordance with Indian Electricity Rule before execution of electrical works, if
any.
20. Guidelines on Debarment of firms from Bidding-
CIL and its Subsidiary Companies shall follow the following guidelines for effecting ‘Debarment of
firms from Bidding’ with a contracting entity in respect of Works and Services Contracts.
(i) Observance of Principle of Natural Justice before debarment of firm from Bidding. The
bidder/contractor shall not be debarred unless such bidder/contractor has been given a
reasonable opportunity to represent against such debarment (including personal hearing, if
requested by the bidder/contractor).
(ii) The terms ‘banning of firm’, ‘Suspension’, ‘Blacklisting’ etc. convey the same meaning as of
‘Debarment’.
(iii) The order of debarment shall indicate the reasons(s) in brief that lead to debarment of the
firm.
(iv) The contracting entity may be debarred from bidding in the following circumstances: -
(a). Withdrawal of Bid as per relevant provisions of tender document.
(b). If L-1 Bidder fails to submit PSD, if any and/or fails to execute the contract within
stipulated period.
(c). If L-1 Bidder fails to start the work on scheduled time.
(d). In case of failure to execute the work as per mutually agreed work schedule.
(e). Continued and repeated failure to meet contractual Obligations:
i) In case of partial failure on performance, agency shall be debarred from future
participation in tenders keeping his present contract alive.
ii) On termination of contract.
(f). Wilful suppression of facts or furnishing of wrong information or manipulated or
forged documents by the Agency or using any other illegal/unfair means.
(g). Formation of price cartels with other contractors with a view to artificially hiking the
price.
(h). The contractor fails to maintain/ repair/ redo the work up to the expiry of
performance guarantee period, when it is specifically brought to his notice.
(i). Contractor fails to use Mobilisation advance (if any) given to him for the purpose it
was intended.
(j). Contractor fails to renew the securities deposited to the department.
(k). The contractor fails to rectify any lapse(s) in quality of the work done within defect
liability period.
(l). Transgression of any clause(s) relating to Contractor’s obligation defined in the
Integrity Pact wherever such Pact exists.
(m). Any other breach of Contract or misdeed which may cause financial loss or commercial
disadvantage to the Company.
(n). If it is determined that the bidder has breached the Code of Integrity for Public
Procurement (CIPP) as provided in the tender document.
(o). False declarations w.r.t Make in India Order.
(p). In case of supply of sub-standard materials, sub-standard quality of work, non-
execution of work, non-supply of materials, failure to abide by bid securing declaration
(if any) etc.
(q). In case of price cartel, matter shall be reported to the Competition Commission and
requesting, inter-alia, to take suitable strong actions against such firms.
(v) Such ‘Debarment, if any when effected, shall be with prospective effect only. The effect of
‘Debarment’ shall be for future tenders from the date of issue of such Order. No contract of
any kind whatsoever shall be placed to debarred firm after the issue of a debarment order
by DoE/MoC/CIL/Subsidiary (as applicable) if such debarment has been done before the last
date of bid submission. Even in the case of risk purchase, no contract should be placed on
such debarred firms.
In case, any debarred firms have submitted the bid, the same will be ignored. In case such
firm is lowest (L-1), next lowest firm shall be considered as L-1. Bid security/ EMD submitted
by such debarred firms shall be returned to them.
The contracts concluded i.e. issue of LOA/issue of work order, before the issue of the
debarment order shall not be affected by the debarment orders.
(vi) In case CIL is of the view that a particular firm should be banned across all the Ministries/
Departments by debarring the firm from taking part in any bidding procedure floated by the
Central Government Ministries/ Departments, CIL may refer the case to MoC with the
approval of Chairman, CIL for referring the case DoE with a self-contained note setting out
all the facts of the case and the justification for the proposed debarment, along with all the
relevant papers and documents. This shall be done only in those case where debarment has
been done across CIL and its Subsidiaries.
(vii) The debarment shall be for a minimum period of one year and shall be effective for the
concerned Subsidiary for the tenders invited at Subsidiary level. Similarly, in case of tenders
of CIL HQ, debarment shall be for CIL HQ. However, if such ‘debarment’ has to be made
effective for entire CIL and its Subsidiaries then approval of Chairman, CIL shall be required.
The period of debarment shall not exceed 02(Two) years. In case of clause (4)(vi) & (xv)
above, period of debarment shall be 02(Two) years.
(viii) Once a contracting entity is debarred, it shall be extended to the constituent of that entity
i.e. partners (jointly and severally) in case of Joint Venture, all the partners (jointly and
severally) in case of Partnership Firm, owner/proprietor in case of Proprietorship Firm. The
names of partners should be clearly specified in the Debarment Order. If such debarred
owner/Proprietor/ Partner make/form different Firms/entity and attempts to participate in
tenders, the same shall not be entertained during the currency of such debarment. In case
the contracting entity being debarred is a Company then only the Company shall be
debarred.
Note: "Company" means a company incorporated under Company’s Act 2013 or under any
previous company law.
(ix) The above ‘Debarment’ shall be in addition to other penal provisions of NIT/Contract
document.
(x) Debarment in any manner does not impact any other contractual or other legal rights of CIL
and/or its Subsidiaries.
(xi) In case of shortage of firms (less than three eligible firms) in a particular group, such
debarments may also hurt the interest of CIL and/or its Subsidiaries. In such cases,
endeavour should be to pragmatically analyse the circumstances, try to reforms the firm and
may get a written commitment from the firm that its performance will improve.
(xii) Approving Authority: The ‘Debarment’ of a contracting entity shall be done with the approval
of the Competent Authority as per the details below:
(a). In case the Accepting Authority of the work is Board or Empowered Committee or FDs
or CMD of CIL/Subsidiary Company, then the Competent Authority for debarment
shall be CMD of CIL/Subsidiary Company.
(b). In case the Accepting Authority of the work is up to the level of Director of
CIL/Subsidiary Company, then the Competent Authority for debarment shall be
Director of CIL/Subsidiary Company.
(xiii) An order for debarment passed shall be deemed to have been automatically revoked on the
expiry of that period and it shall not be necessary to issue a specific formal order of
revocation.
A debarment order may be revoked before the expiry of the Order, by the competent
authority, if it is of the opinion that the disability already suffered is adequate in the
circumstances of the case or for any other reason.
(xiv) Appellate Authority for debarment orders shall be CMD of CIL/ Subsidiary Company. In case
the debarment is done with the approval of CMD of the Subsidiary Company then Chairman,
CIL shall be Appellate Authority. The appellate authority in case debarment is done with
approval of Chairman CIL, shall be CFD of CIL.
(xv) Any change on the above may be done with approval of FDs of CIL.
(xvi) (xvi) All the orders of debarment or orders passed in appeal shall be marked to GM(CMC) /
Civil / concerned HODs of CIL/Subsidiary Company/ Application Admin of e-procurement
portal of CIL/Nodal officers of Subsidiaries. Application Admin of e-procurement portal of
CIL/Nodal officers of Subsidiaries shall maintain the master data of such banned firms which
shall be made available in the public domain (i.e. on the website of CIL/Subsidiaries/ e-
Procurement portal of CIL).
@@@@@@
SECTION-V
(SPECIAL TERMS AND CONDITIONS)
10 LIFT :
a Service Lift , capacity-13 person 2 nos.
JMC Projects
b Service Lift , capacity-1000kg 1 no. OTIS
(India) Ltd.
c Snig lift, capacity-8 person 2 nos.
The successful bidder/contractor is required to submit the work order/agreement made with OEM
or OES or specialized firms/firms or authorized agent/dealer for Operation and Maintenance of
above equipment before starting the work.
2. The bidder must have all kinds of licenses in relevance to the execution of all the stated works (like
pest control license, electrical works, labour license etc.).
3. All the service-men/service-women should have proper uniform. The uniform should be cleaned
regularly (Any extra cost for uniform shall not be payable as the same shall be included while
submission of rates).
4. Regular training to be provided to the service groups responsible for the O&M for various services
in the building.
5. Only Green housekeeping materials to be used and any other measures which are mandatory for
maintaining the green rating should be adopted. However, technical specification of such cases
must be approved from the client prior to procurement.
6. Special tools except those mentioned in the tender required for running, operation & maintenance
of the building shall be brought by the agency as per direction of site engineer/ representative time
to time.
7. Any expenses for liaising with Govt. and Statutory agencies and any statutory licences' fee are to
be borne by the contractor.
8. Duration of service shall be of 9 hours for each individual worker for a single shift (including rest
hour). In this regard, the contractor shall ensure that rest hour shall be kept in a staggered fashion
so as to ensure smooth and uninterrupted operation of services.
9. Subcontract for Specialized work is permissible, which should be preferably with OEM and before
appointing, specific permission should be taken from Engineer in Charge. For claiming payment for
Items in Part: III of the BoQ (for both CIL Office and Residential Complex) in RA Bills, the contractor
shall have to produce proof of payment to OEM/OES or authorized sub-vendor against the
preceding RA bill (to whom subcontract has been awarded) for the service procured, in the form of
“No Dues Certificate” obtained from the respective OEM/OES or authorized sub-vendor (to whom
subcontract has been awarded). The final bill shall be released after the submission of proof of
payment to OEM/OES or authorized sub-vendor in the form of “No Dues Certificate” obtained from
the respective OEM/OES or authorized sub-vendor (to whom subcontract has been awarded)
against the penultimate bill (i.e., second last bill) and final bill.
10. If required, the spares/consumables for any of the Plant and Machinery are to be procured by the
agency as per direction of Engineer-in-Charge. The payment for the procured spares/consumables
shall be done on actual basis as per Clause 17 of Special Terms and Conditions.
11. The minimum rates of wages issued from Office of the Chief Labour Commissioner(C), New Delhi,
Ministry of Labour & Employment, Government of India (for Industrial Workers) for employees
employed in “Construction or maintenance of roads or runways or in building operations including
laying down underground electric, wireless, radio, television, telephone, telegraph and overseas
communication cables and similar other underground cabling work, electric lines, water supply
lines and sewerage pipe lines” for “A Area” shall be applicable to this contract and the agency shall
abide these regulations on this contract. The category of workers and duties (i.e., Mandays) per
month shall be as defined in Table 13.1. The statutory increase/decrease/revision of minimum rates
of wages shall be paid to the contractor in accordance with the notification issued by Government
of India, in the form of “wage escalation/de-escalation bill”. This shall be payable to the contractor
only on submission of proof of payment of wages to the manpower engaged by the contractor as
per the statutory increase/decrease/revision of minimum rates of wages (as already brought out
above). The estimated cost includes the employer’s contribution of EPF and ESI, and Bonus (as per
eligibility). Hence, these components are not reimbursable. The modus operandi for computation
of “wage escalation/de-escalation bill” shall be as explained in Clause 13 below.
12. Computation of “wage escalation/de-escalation bill”:
a. The base date for working out such wage escalation/de-escalation shall be the last date on
which the bids were stipulated to be received. The minimum rates of wages prevalent on
this base date shall be the reference, with respect to which the “wage escalation/de-
escalation bill” shall be computed.
b. This computation of “wage escalation/de-escalation bill” shall be applicable only for the
following Items of the Bill of Quantities:
1. Part: A (Office Complex): Part: I: Item No. 1 (1.01 to 1.03), Item No.2 (2.01 to 2.11)
and Item No.3 (3.01 to 3.06)
2. Part: B (Residential Complex): Part: I: Item No.1 (1.01 to 1.04), Item No.2, and Part IV:
Item No.28.01.
c. In Part: I of Part: A (Office Complex), monthly allowances shall be paid by the contractor to
manpower engaged under Item Nos.1.01, 1.02 and 1.03. The monthly allowances payable to
manpower engaged under these Items shall be as defined in Table 13.2. However, monthly
allowances payable by contractor (to the manpower engaged by them) shall be fixed for the
entire period of contract irrespective of statutory increase/decrease/revision of minimum
rates of wages.
d. The contractor shall also pay the contractual workers, the arrears of employer’s contribution
of EPF/CMPF, ESI, National Holidays (if any) and Bonus component arising due to statutory
increase/decrease/revision of minimum rates of wages. However, this arrear component of
employer’s contribution of EPF/CMPF, ESI and Bonus shall NOT be taken into consideration
during computation of “wage escalation-de-escalation bill”. Hence, the bidder must take this
into cognizance and accordingly quote the rates.
Table 13.1 (Defines Category of Workers and duties (i.e., Mandays) per month)
8 nos. for
Attendant Services : (26 Days for 9 hrs.): first 5
Basement attendant: 1, Gate Attendant (Glass months
3.06 Gate): 2, Entry & Checking attendant at VIP Floor Per month 26 Unskilled
(3rd, 4th & 5th Floor): 3; Lobby & Floors 10 nos. for
attendant at Night: 1 and 1 Reliever next 19
months
Part : B (Residential Complex)
Item Item Description Quantity Unit Duties (i.e., Category
No. Mandays) of Worker
per month
PART :I
1 CRITICAL SERVICES :
Technical Supervisor for Supervision & operations
Highly
1.01 of Bunglows, Club & Guest House. (From 8-00 am 2 Per month 26
Skilled
to 10-00 pm) for 26 days
Electrician for Electrical Maintenance for
1.02 Bunglows, Club & Guest House and reporting to 3 Per month 26 Skilled
Technical Supervisor (For 3 Shift) (For 26 days)
Operation & Maintenance of DG Set & Sub- Skilled
1.03 Stations for Bunglows, Guest House & Club & 3 Per month 30
reporting to Supervisor (For 3 Shift)) for 30 days
Carpenter for all kind of carpentry services
required for wooden & aluminium works
1.04 including fault clearance of modular furnitures 1 Per month 26 Skilled
and necessary help the Glazie works if require.
(for 1 shifts x 6 days a week)
ESSENTIAL SERVICES: Housekeeping attendants
for Daily Housekeeping works in BUNGLOWS for
30 days (From 7-00 am to 9-00 pm): Club House,
2 15 Per month 30 Unskilled
and entire peripheral areas of CIL Residential
Complex :2, D1:2, D2:2, D3:2, D4:2, D5:2, CM
Bunglow: 2 + 1 (Lady) for 30 days.
PART : IV (Horticulture Works to be executed
28
from January 2021)
Gardener for Daily maintenance of Landscape &
Horticulture works both outside and inside of
Residential Complex and reporting to
Horticulture Supervisor. D1: 01, D2: 01, D3: 01,
D4: 01, D5: 01, Chairman's Bungalow: 02, Transit
28.01 House: 01, Club: 01, Entire Peripheral Area of 19 Per month 26 Unskilled
Residential Complex (i.e., outside the Bungalows)
including Tennis Court: 02, 01 for Medicinal Lawn
and 07 for Parijat Vatika
(6 days a week Excluding Reliever).
1.01 Facility Manager for heading the entire 1 Per month INR 29130
facility team of Office and Residential
Complex and Single point of contact &
overall in charge of FM On-site
Operations and reporting to engineer-in-
charge or his representative. (26 days)
1.02 Asst. Facility Manager (Technical) for 1 Per month INR 13483
supporting Critical Services Operations &
reporting to Facility Manager. (26 days)
1.03 Service Response Desk Executive for 1 Per month INR 7710
Helpdesk Operation & reporting to
Facility Manager. (26 days)
Thus, the value of “wage escalation/de-escalation bill” for any particular month shall be the
arithmetic sum of the “wage escalation/de-escalation bill” computed for each applicable item
plus/minus quoted percentage. This wage escalation/de-escalation bill for a particular month can
also be claimed along with the RA bill for that particular month.
13. The rate quoted by agency will be fixed for duration of contract or extended period except for
statutory increase/decrease/revision of minimum rates of wages (as already brought out above).
14. Reshuffling/Rotation of manpower employed by the agency shall have to be in every 3 month
interval.
15. All the materials/ tools and plants required for executing the jobs are to be kept by the agency in a
secured place at their entire risk and cost and CIL will not be responsible for any loss and
compensation due to any account.
16. All consumable materials (i.e., items in Part-II of the BoQ for CIL Office and Residential Complex).
The payment system of Consumables (i.e. Part-II of BoQ of CIL Office and Residential Complex) shall
be as below:
1. Where labour and materials both are involved:
a. If the specific item of work is readily available in the following Central Public Works
Department Delhi Schedule of Rates (CPWD DSR), then it shall be considered
(excluding GST). In case the specific item of work s not readily available in CPWD SOR
and is readily available in West Bengal Public Works Department Schedule of Rates
(WB PWD SOR) 2017 (for Civil and electrical works), rate will be taken from there.
Contractor shall be paid the SOR rate plus/minus quoted percentage. The following
CPWD SORs shall be adopted:
Sl. No. Description
1 For Civil Works
a CPWD DSR 2021
2 For Electrical Works
a CPWD DSR (E&M) 2022
b Item for BEE 5 star rated, ceiling fan with Brush Less Direct
Current (BLDC) Motor - 2019
c Item for Solar Photovoltaic Power Plant - 2019
d (E&M) Item for Facade Lighting - 2019
e Items for VRF/VRV Air-Conditioning System - 2019
b. If the rates are not available in either of the two SOR versions mentioned above, the
analysis of rates may be done in line with above Central Public Works Department
Delhi Analysis of Rates (CPWD DAR), if feasible. The contractor shall be paid this
analyzed rate plus/minus quoted percentage.
c. If the rate can’t be derived as brought out in Points ‘a’ and ‘b’ above, the rate will be
arrived at by collecting quotations from market (excluding, transportation/delivery
charges and excluding Contractor’s Profit and Overhead) plus Contractor’s Profit and
Overhead @ 10% plus Transportation/Delivery Charges @ 2% plus/minus quoted
percentage.
2. Where only supply of material is involved:
If only material is supplied where labour considered in Part-I of BoQ is used (as directed by
EIC), the rate will be the actual rate on producing Cash memo/invoice plus
Transport/Delivery Charges @ 2% + Contractor’s Profit and Overhead @ 10%) plus/minus
quoted percentage.
17. CIL reserves the right to recover/set off any amount towards loss or damages caused by the agency
(hereinafter to be referred to as successful bidder or Service Provider) due to any negligence or
performance of the contract. The amount to be recovered in such cases shall be decided by CIL and
shall be final and binding on the contractor.
18. The amounts considered in the BoQ for the following items are apportioned monthly costs for
which payment shall be made only after completion of the service.
1. Part: A: (Office Complex): Item 4.01, 4.02, 6, 7, 40.02
2. Part: B: (Residential Complex): Item 3, 3.01, 5.02, 6
3. For Item No.5.03, cost taken is apportioned monthly basis cost. However, payment for this
item shall be made one time, after delivery of all accessories as per direction of Engineer-in-
charge.
The cost for Pest Control Services for both CIL Office Complex (Part: A: Item No.8.01 to 8.06) and
CIL Residential Complex (Part: B: Item No.4.01 to 4.06) includes cost of extra services as-and-when
required at site, and no extra payment shall be made for such extra services.
For Item No.5 (Part: A: CIL Office Complex) pertaining to Garbage Disposal, any credit received by
the contractor on account of scrap or recyclable waste shall be passed on to CIL. This amount shall
be recovered from the RA Bills. The contractor shall maintain the record of such credit received on
account of scrap/recyclable waste, and the same shall be produced to CIL.
19. The cost of consumables considered in Item Nos. 9.01 and 9.02 (of Part: A: Office Complex) and
Item Nos.7, 28.02 and 28.03 (of Part: B: Residential Complex) are fixed and payable only after site
requirement is met (as certified by Engineer-in-charge). In case the contractor does not meet the
site requirement, then CIL shall be entitled to deduct amount from these items (as deemed fit by
the Engineer-in-charge). The amount to be deducted in such cases shall be decided by the Engineer-
in-charge and shall be final and binding on the contractor.
20. The payment to the contractor’s labourers has to be made through Bank only.
21. The successful bidder (hereinafter referred as Service Provider) will be required to provide requisite
personnel of such categories and for such places and for such durations as directed by Coal India
Limited (hereafter referred to as CIL or Company).
22. All the company properties are to be handled with care and any loss to the company on account of
damage due to mishandling by the contractor’s worker are required to be replenished by the
contractor.
23. Register of Manpower / Attendance Register is to be maintained by the service provider for each
and every premises and required to be kept at site and as and when asked to be produced before
the authorised representative of the company.
24. Frequency of bill-submission by the contractor shall be ‘Once-in-a month’. Contractor cannot
withheld payment of the manpower on the plea that CIL has not yet paid monthly bill of the
contractor.
25. The tenderer is requested to quote his rates after physical inspection of the work site. It will be
presumed that the tenderers have inspected the site and ascertained the site conditions
irrespective of whether they have made the visit or not. Any dispute towards the site conditions
will not be entertained.
26. The contractor shall at all times exercise reasonable precautions for the safety of employees and
shall comply with all applicable provisions of Safety Laws drawn by the State Government or Central
Government or Municipal Corporation. Department is not liable for any accident of the workmen
deployed by the contractor for the completion of the job.
27. If department orders shifting/termination of any worker for misconduct/any other reason, then the
order should be carried out immediately. For this purpose, “misconduct” shall be as defined by the
department.
28. Complaint Register: A complaint register is required to be maintained by the contractor to record
details of complaints received from various section of the office and residential complex.
29. Separate bills shall be submitted/prepared for CIL Office Complex and CIL Residential Complex.
30. The information about the public utilities (whether over ground or underground) like
electrical/telephone/water supply lines, open drain etc. is the responsibility of contractor to
ascertain the utilities that are to be affected by the works.
31. The contractor shall be responsible to obtain necessary approval from the respective authorities
for shifting/re-alignment of existing public utilities, if any .CIL shall only assist the contractor for
liasioning in obtaining the approval from the concerned authorities.
32. Any services affected by the works must be temporarily supported by the contractor who must also
take all measures reasonably required by the various bodies to protect their services and property
during the progress of works. It shall be deemed to be the part of the contract and no extra payment
shall be made to the contractor for the same.
33. The electrician must have electric wiremen license issued by relevant authorities.
34. The contractor cannot deny to execute any particular item of work instructed by Engineer-in-
charge, with the plea that they haven’t received their outstanding payments, or on the plea of
having weak cash flow or ‘poor’ financial conditions. Any such denial in any form shall attract
penalties.
35. The contractor shall be responsible to use computerized system for receiving and monitoring the
complaints from 8.00 AM to 8.00 PM. For all critical services, attending of the complaints is to be
done 24X7. The contractor shall have to make necessary arrangements for his own telephone,
computers, internet connection, photocopier, scanner, and other allied logistics, log books, and
stationery at his expense.
36. After expiry of contract, the all registers, log books, and other records of this contract being
maintained shall be handed over to the Engineer-in-charge or his authorized representative. It will
not be returned to the contractor and the same shall be the property of Coal India Limited.
37. The agency shall restore back the premises and other articles provided by CIL, at the time of closure
of contract.
38. The contractor shall maintain a stock/inventory register for material purchased and consumed for
maintenance work, which shall clearly indicate date wise receipt of material and material
consumed on work.
39. The Facility Manager and Assistant Facility Manager deployed at the site should have following
qualification and experience:
Sl. No. Designation Minimum Qualification and Experience
1 Facility Manager Graduate (Civil/Electrical) with minimum five years’
experience
OR
Diploma holder (Civil/Electrical) with minimum ten
years’ experience
2 Assistant facility Manager Graduate (Civil/Electrical) with minimum three
years’ experience
OR
Diploma holder (Civil/Electrical) with minimum five
years’ experience
Note: If facility Manager is from Civil Background, Assistant facility Manager shall be
from Electrical background or vice versa.
40. Penalties for violation of Service Level Agreements:
a. In order to assess the performance of the facility management service provider the severity
levels of different types of situations hiving impact on the operation of the service provider
is indicated below along with the response time to start the acting on the problem and the
time expected to be taken in recovery. The recovery may be an interim measure and the
final resolution may involve the procurement of spare, mobilizing AMC holder or OEM etc.,
but the service provider is expected to find an interim solution so that the activities of the
user department are not affected.
Severity levels and time allowed for attending to the problems under each level of severity.
Severity Impact of Response Time Recovery Status update to
Levels severity Time the authorities of
the Dept. during
continuance of
the problem
Severity 1 Severe impact Immediate- on Within 60 Every Hour
on operation of logging of the minutes
the user problem
department-
unable to
operate
The employer at
his discretion
may terminate
the contract
along with
penalties,
blacklisting etc.
Severity 0.5% of 1% of monthly 1.5% of 2% of monthly
level 2 monthly bill bill amount monthly bill bill amount
amount amount
Severity 0.25% of 0.5% of 0.75% of 1% of monthly
level 3 monthly bill monthly bill monthly bill bill amount
amount amount amount
Severity 0.15% of 0.2% of 0.3% of 0.5% of monthly
level 4 monthly bill monthly bill monthly bill bill amount
amount amount amount
d. The following are penalty stipulated for non-adhering to the terms and conditions which
cannot be categorized under level of severity as far as functioning of the user department is
concerned.
Sl. Service level Penalties for Penalties for Penalties for Penalties for
No agreements noncomplianc noncomplianc noncomplianc noncomplianc
. default e first offence e Second e Third e subsequent
offence offence offence
1 In case of 0.1 % of monthly bill amount shall be deducted from the monthly
cleaning bill for each such occurrence. In case of such occurrence of more
work than 3 times in a month user department will be at liberty to
schedules are consider any administrative actions such as imposing higher
not adhered penalties.
regarding
timing of first
cleaning,
Number of
times
cleaning
required or
utilization of
required
cleaning
materials etc.
2 The Cleaning An amount of An amount of An amount of Removal of the
works or 0.1 % of 0.15 % of 0.20 % of particular
Horticultural monthly bill monthly bill monthly bill worker for any
Works, or amount shall amount shall amount shall work in the
supply of be deducted be deducted be deducted user
plants, from monthly from monthly from monthly department
consumables, bill for each bill for each bill for each premises
petrol, and such instance such instance such instance
other
services
entrusted to
the
contractor
not done to
the
satisfaction
of user
department
3 Other types An amount of An amount of An amount of Removal of the
of 0.1 % of 0.15 % of 0.20 % of particular
miscellaneou monthly bill monthly bill monthly bill worker for any
s work amount shall amount shall amount shall work in the
entrusted not be deducted be deducted be deducted user
carried out to from monthly from monthly from monthly department
satisfaction bill for each bill for each bill for each premises
of user such instance such instance such instance
department
4 In case of The cost of the The cost of the The cost of the The cost of the
causing any item or cost item or cost item or cost item or cost
damage to incurred in incurred in incurred in incurred in
equipment or repair shall be repair shall be repair shall be repair shall be
surfaces or deducted from deducted from deducted from deducted from
areas or the service the service the service the service
accessories in provider provider provider provider
the premises payments payments payments payments
of the user
department.
In case of
more than
three such
occurrences
the employer
may at his
discretion
terminate the
contract.
5 In case of any The person The person The person The person
misbehavior shall be shall be shall be shall be
on the part of immediately immediately immediately immediately
service asked to go asked to go asked to go asked to go
personnel out of the out of the out of the out of the
deputed for premises and premises and premises and premises and
the work the job the job the job the job
entrusted to entrusted to entrusted to entrusted to
him needs to him needs to him needs to him needs to
be carried out be carried out be carried out be carried out
by alternate by alternate by alternate by alternate
arrangements arrangements arrangements arrangements
from the from the from the from the
service service service service
provider and provider and provider and provider and
the person the person the person the person
shall have to shall have to shall have to shall have to
be removed be removed be removed be removed
immediately immediately immediately immediately
by service by service by service by service
provider. provider. provider. provider.
In case of
more than
three such
occurrences
the employer
may at his
discretion
terminate the
contract.
SECTION-VI
(SAFETY CODE)
SAFETY CODE
The Contractor must ensure safety of workmen as well as safety for the general public during construction
in and around work-site. The contractor must follow the laws, codes and standards laid down in this regard.
The work men must be trained and provided protective gear, life-saving equipment and appropriate tools
for their jobs. Special precautions must be used if hazardous chemicals are used or stored at workplace (lead,
silica, asbestos and wood/stone that will be cut and generate dust, construction materials containing zinc,
cadmium, beryllium and mercury). Besides protection from noise and environmental pollution, public must
also be safeguarded from falling through dug-up area, electrocution, flooding, falling objects, bridge-span
dropping/ failures, crane falling/ overturning and damage to building from vibrations/ cave-ins from
construction activities. Engineer must ensure that contractor does not adopt any short-cut in this regard.
Appointment of site safety engineer by the contractor is a mandatory requirement (in case estimated cost
is Rs 100 Cr or more). In tenders with estimated cost is less than Rs 100 Cr, site in-charge of the contractor
will also act as safety engineer. In case estimated cost of Rs 100 Cr or more, the engineer shall engage safety
experts to carry out frequent safety audits and mandate correct measures.
1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the
ground, or from solid construction except such short period work as can be done safely from ladders.
When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the ladder is
used for carrying materials as well suitable footholds and hand-hold shall be provided on the ladder
and the ladder shall be given an inclination not steeper that ¼ to 1 (¼ horizontal and 1 vertical).
2. Scaffolding of staging more than 3.6 m (12ft). above the ground or floor, swung or suspended from an
overhead support or erected with stationary support shall have a guard rail properly attached or
bolted, braced and otherwise secured at least 90 cm (3ft) high above the floor or platform of such
scaffolding or staging and extending along the entire length of the outside and ends thereof with only
such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so
fastened as to prevent it from swaying from the building or structure.
3. Working platforms, gangways and stairways should be so constructed that they should not sag unduly
or unequally, and if the height of the platform or the gangway or the stairway is more than 3.6 m (12ft)
above ground level, they should be closely boarded, should have adequate width and should be
suitably fastened as described in (2) above.
4. Every opening in the floor of a building or in a working platform shall be provided with suitable means
to prevent the fall of person or materials by providing suitable fencing or railing whose minimum
height shall be 90 cm (3ft).
5. Safety means of access shall be provided to all working platforms and other working places. Every
ladder shall be securely fixed. No portable single ladder shall be over 9 m (30ft) in length while the
width between side rails in rung ladder shall in no case be less than 20 cm (11 ½”) for ladder upto and
including 3 m (10ft) in length. For longer ladders, this width should be increased at least ¼” for
additional 30 cm (1ft.) of length. Uniform step spacing of not more than 30 cm shall be kept. Adequate
precautions shall be taken to prevent danger from electrical equipment. No materials on any of the
sites or work shall be so stacked or placed as to cause danger or inconvenience to any person or the
public. The contractor shall provide all necessary fencing and lights to protect the public from accident
and shall be bound to bear the expenses of defence of every suit, action or other proceedings at law
that may be brought by any person for injury sustained owing to neglect of the above precautions and
to pay any damages and cost which may be awarded in any such suit; action or proceedings to any
such person or which may, with the consent of the contractor, be paid to compensate any claim by
any such person.
6. Excavation and Trenching: All trenches 1.2 m (4ft) or more in depth, shall at all times be supplied with
at least one ladder for each 30 m. (100 ft.) in length or fraction thereof. Ladder shall extend from
bottom of the trench to at least 90 cm (3ft) above the surface of the ground. The side of the trenches
which are 1.5 m (5ft) or more in depth shall be stepped back to give suitable slope or securely held by
timber bracing, so as to avoid the danger of sides collapsing. The excavated materials shall not be
placed within 1.5 m (5ft) of the edges of the trench or half of the depth of the trench whichever is
more. Cutting shall be done from top to bottom. Under no circumstances, undermining or
undercutting shall be done.
7. Demolition: before any demolition work is commenced and also during the progress of the work,
i) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
ii) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus
used by the operator shall remain electrically charged.
iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire or
explosion or flooding. No floor, roof or other part of the building shall be so overloaded with
debris or materials as to render it unsafe.
8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should be
kept available for the use of the person employed on the site and maintained in a condition suitable
for immediate use, and the contractor should take adequate steps to ensure proper use of equipment
by those concerned: -
The following safety equipment shall invariably be provided.
i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided
with protective footwear and protective goggles.
ii) Those engaged in white washing and mixing or stacking of cement bags or any material which
is injurious to the eyes, shall be provided with protective goggles.
iii) Those engaged in welding works shall be provided with welder’s protective eye-shields. iv)
iv) Stone breaker shall be provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.
v) When workers are employed in sewers and manholes, which are in active use, the contractors
shall ensure that the manhole covers are opened and ventilated at least for an hour before the
workers are allowed to get into the manholes, and the manholes so opened shall be cordoned
off with suitable railing and provided with warming signals or boards to prevent accident to the
public. In addition, the contractor shall ensure that the following safety measures are adhered
to: -
a) Entry for workers into the line shall not be allowed except under supervision of the
Engineering Assistant or any other higher officer.
b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to
3 hours before any man is allowed to enter into the manhole for working inside.
c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate
paper which changes colour in the presence of such gases and gives indication of their
presence.
d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In
case, no Oxygen is found inside the sewer line, workers should be sent only with Oxygen
kit.
e) Safety belt with rope should be provided to the workers. While working inside the
manholes, such rope should be handled by two men standing outside to enable him to
be pulled out during emergency.
f) The area should be barricaded or condoned of by suitable means to avoid mishaps of any
kind. Proper warming signs should be displayed for the safety of the public whenever
cleaning works are undertaken during night or day.
g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.
h) The malba obtained on account of cleaning of blocked manholes and sewer lines should
be immediately removed to avoid accidents on account of slippery nature of the malba.
i) Workers should not be allowed to work inside the manhole continuously. He should be
given rest intermittently. The Engineer-in-Charge may decide the time up to which a
worker may be allowed to work continuously inside the manhole.
j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.
k) k) Air-blowers should be used for flow of fresh air through the manholes. Whenever
called for, portable air blowers are recommended for ventilating the manholes. The
Motors for these shall be vapour proof and of totally enclosed type. Non sparking gas
engines also could be used but they should be placed at least 2 meters away from the
opening and on the leeward side protected from wind so that they will not be a source
of friction on any inflammable gas that might be present.
l) The workers engaged for cleaning the manholes / sewers should be properly trained
before allowing to work in the manhole.
m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets and
gloves non sparking tools safety lights and gas masks and portable air blowers (when
necessary). They must be supplied with barrier cream for anointing the limbs before
working inside the sewer lines.
n) Workmen descending a manhole shall try each ladder stop or rung carefully before
putting his full weight on it to guard against insecure fastening due to corrosion of the
rung fixed to manhole well.
o) If a man has received a physical injury, he should be brought out of the sewer immediately
and adequate medical aid should be provided to him.
p) The extents to which these precautions are to be taken depend on individual situation
but the decision of the Engineer-in-Charge regarding the steps to be taken in this regard
in an individual case will be final.
vi) The Contractor shall not employ men and women below the age of 18 years on the work of
painting with products containing lead in any form. Wherever men above the age of 18 are
employed on the work of lead painting, the following precaution should be taken: -
a) No paint containing lead or lead products shall be used except in the form of paste or
readymade paint.
b) Suitable face masks should be supplied for use by the workers when paint is applied in
the form of spray or a surface having lead paint is dry rubbed and scrapped.
c) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall
be provided to enable the working painters to wash during and on the cessation of work.
d) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust
caused by dry rubbing down and scraping.
e) Adequate facilities shall be provided to enable working painters to wash during and on
cessation of work.
f) Overall shall be worn by working painters during the whole of working period.
g) Suitable arrangement shall be made to prevent clothing put off during working hours
being spoiled by painting materials.
9. When the work is done near any place where there is risk of drowning, all necessary equipments
should be provided and kept ready for use and all necessary steps taken for prompt rescue of any
person in danger and adequate provision, should be made for prompt first aid treatment of all injuries
likely to be obtained during the course of the work.
10. Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following standards or conditions: -
i) (a) These shall be of good mechanical construction, sound materials and adequate strength and
free from patent defects and shall be kept repaired and in good working order.
(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of
durable quality and adequate strength, and free from patent defects.
ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person
under the age of 21 years should be in charge of any hoisting machine including any scaffolding
winch or give signals to operator.
iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block
used in hoisting or as means of suspension, the safe working load shall be ascertained by
adequate means. Every hoisting machine and all gear referred to above shall be plainly marked
with the safe working load. In case of a hoisting machine having a variable safe working load
each safe working load and the condition under which it is applicable shall be clearly indicated.
No part of any machine or any gear referred to above in this paragraph shall be loaded beyond
the safe working load except for the purpose of testing.
iv) In case of departmental machines, the safe working load shall be notified by the Electrical
Engineer in-Charge. As regards contractor’s machines the contractors shall notify the safe
working load of the machine to the Engineer-in-Charge whenever he brings any mach8inery to
site of work and get it verified by the Electrical Engineer concerned.
12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should
be provided with efficient safeguards. Hoisting appliances should be provided with such means as will
reduce to the minimum the risk of accidental descent of the load. Adequate precautions should be
taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally
displaced. When workers are employed on electrical installations which are already energized,
insulating mats, wearing apparel, such as gloves, sleeves and boots as may be necessary should be
provided. The worker should not wear any rings, watches and carry keys or other materials which are
good conductors of electricity.
13. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in
safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use.
Adequate washing facilities should be provided at or near places of work.
14. These safety provisions should be brought to the notice of all concerned by display on a notice board
at a prominent place at work spot. The person responsible for compliance of the safety code shall be
named therein by the contractor.
15. To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the contractor shall be open to inspection by the Labour Officer or Engineer-
in-Charge of the department or their representatives.
16. Notwithstanding the above clauses from (1) to (15), there is nothing in these to exempt the contractor
from the operations of any other Act or Rule in force in the Republic of India.
SECTION-VII
(e-Tender Portal User Agreement)
THIS E-TENDER PORTAL AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE USER'S
TERMS AND CONDITIONS SET FORTH BELOW:
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU MAY NOT COMPLETE YOUR
REGISTRATION AND USE THE E-TENDER PORTAL WITHOUT AGREEING TO COMPLY WITH ALL OFTHE
TERMS AND CONDITIONS SET FORTH BELOW.
BY REGISTERING THE USER NAME AND PASSWORD, YOU AGREE TO ABIDE BY ALL THE TERMS AND
CONDITIONS SET FORTH BELOW:
Bidder Registration, Password and Security:
Upon successful completion of Registration online, User ID and Password will be registered. You can
login, only by giving valid User ID and Password and then signing with your valid Digital Signature
Certificate.
The Online registration/enrolment of bidder on the portal should be done in the name of the bidder.
The person whose DSC is attached to the Registered Bidder should be either the bidder himself Or,
duly authorized by the Bidder.
User ID and password are strictly personal to each Authorised User and non-transferable. The User
shall ensure that its Authorised Users do not divulge or disclose their user ID or password to third
parties. In the event that the Authorised User comes to know that the User ID/Password has been/
might have been divulged, disclosed or discovered by any third party, user or its authorized user shall
immediately modify the password using "Change Password" option. CIL/subsidiary will have no
responsibility or obligation in this regard.
At the time of enrolment in the e-Tendering portal of CIL/its Subsidiaries, the Bidders should ensure
that the status of DSC is active on this site. The activation of newly issued DSC may take 24 hrs or more.
Hence Bidders who are obtaining new DSC should register at least 24 hrs before the submission of Bid.
By registering in this portal, you forthwith assume the responsibility for maintaining the confidentiality
of the Password and account, and for all activities that occur under your Password or Account. You also
agree to (a). immediately notify by e-mail to Application Administrator/Nodal officer, of any
unauthorized use of your Password or Account or any other breach of security, and (b) ensure that you
log-out from your account at the end of each session. CIL/its Subsidiaries shall not be liable for any
loss or damage caused to you due to your failure to comply with the foregoing.
Registered user can modify or update some of the information in their profile as and when required at
their own discretion. However, some information such as "User ID" are protected against changes by
Bidder after enrolment and some other information such as "Bidder Name" etc. are protected against
changes by Bidder after bid submission.
Modification of software:
With consent of Project Advisory Committee, e-procurement of CIL, the Administrator of e-Tender
portal, reserves the right to modify, add, delete and/or change the contents, classification and
presentation of the information on the market place at any time as it may in its absolute discretion
find to be expedient and without giving any notice. It is the users responsibility to refer to the terms
and/or any change or addition to the same while accessing the site.
Coal India Limited reserves right to interrupt/suspend the availability of the e-Tender system without
any notice to the users.
System Requirements:
It is the user’s responsibility to comply with the system requirements: hardware, software, Internet
connectivity at user premises to access the eTender portal as mentioned in the home page in the link
"Resources Required".
Under any circumstances, CIL shall not be liable to the Users for any direct/indirect loss incurred by
them or damages caused to them arising out of the following:
(a) Incorrect use of the e-Tender System, or;
(b) Internet Connectivity failures in respect of the equipment used by the Users or by the Internet
Service Providers, or;
(c) Inability of the Bidder to submit their bid due to any DSC related problems, hardware, software or
any other factor which are personal/ special/local to the Bidder.
Contents of Tender Information:
Tenders shall be published by the authorized Tender Inviting Authorities of the respective Tendering
entities of CIL/subsidiary. In case of any clarifications arising out of the tenders, the users have to
contact the respective Tender Inviting Authority.
Bid Submission Acknowledgement:
The User should complete all the processes and steps required for Bid submission. The successful Bid
submission can be ascertained once acknowledgement is given by the system through Bid Submission
number i.e. Bid ID, after completion of all the processes and steps. Coal India Limited is not responsible
for incomplete bid submission by users. Users may also note that the incomplete bids will not be saved
by the system and so the same will not be available to the Tender Inviting Authority for processing.
The acknowledgment is the only confirmation of submission of bid, which the bidder can show as a
proof of participating in the tender. Other than this acknowledgement, no proof will be considered as
a confirmation to the submission of a bid. If the bidder fails to produce this acknowledgement required
for verification in case of dispute, his claim for submission of bid may not be considered.
Upload files:
The bidders have to ensure that the files being uploaded by them are free from all kinds of viruses and
contain only the relevant information as stated by the Tender Inviting Authorities for the particular
tender. It is not obligatory on the part of CIL/subsidiary to read each and every document uploaded by
the Bidder. If any bidder/Company has uploaded/attached irrelevant data, bogus or fabricated
certificates towards his qualification requirements to the respective tender then their User account
will be liable for termination permanently or temporarily by CIL/subsidiary without any prior notice.
User Conduct:
You agree that all information, data, text, software, photographs, graphics, messages or other
materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content is originated. This means that you are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the eTender portal.
CIL/subsidiary does not control the Content posted via the e-Tender portal and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Hence under no circumstances,
CIL/subsidiary is liable in any manner for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, e-mailed or otherwise transmitted via the Site.
Amendments to a tender published:
You agree that the CIL/ Subsidiary companies reserves the right to re-tender /cancel a tender or
extend the closing date or amend the details of tender at any time by publishing corrigendum as
applicable.
information is also used for the purpose of vendor searches. For each online transaction, we require
only a minimum amount of personal and business information required to process your transaction.
When you visit our portal to browse, read pages, or download information, we automatically collect
and store only the following information:
The Internet domain and IP address from which you access our portal;
The date and time you access our portal;
The pages you visit
This information would help us to make our site more useful to visitors and to learn about the number
of visitors to our site and the types of technology our visitors use.
We do not give, share, sell or transfer any personal information to a third party unless required to do
so by law. If you do not want any personal or business information to be collected, please do not submit
it to us; however, without this required information we will be unable to process your online bid
submission or any other online transaction. Review, update and correction of any personal or business
information can be done directly on the Site.
Use of Cookies:
When you choose to enter into an online transaction, we use cookies to save the information that you
input while progressing through the transaction. A cookie is a very small amount of data that is sent
from our server to your computer’s hard drive. By enabling this feature, the cookie will remember the
data entered by you and next time when you visit this site, the data stored in the cookie will be
available in future.
Security:
The Site has security measures in place to protect against the loss, misuse and alteration of information
under our control.
eMail/ SMS Notifications:
The GePNIC eProcurement Server has functionality of automatically sending eMail / SMS alerts at
various events as per the bidders preference. There is no manual intervention while sending these pre-
defined eMail / SMS alerts. All events for which eMails / SMS being sent is also available to users on
the Dash Board / the user login of the Bidder. Although all efforts will be made to ensure timely delivery
of eMail / SMS, due to dependency in various other external factors, the delivery of eMail / SMS may
not be assured and bidders are requested to check the portal on a periodic basis for any such events.
Non receipt of eMail / SMS cannot be quoted as a reason for failure of service as this is an added
facility being provided to users.
SECTION-VIII
(ANNEXURES)
Annexure-I
This has reference to above referred bid. I/we have read and examined the conditions of contract,
Scope of Work, technical specifications, BOQ and other documents carefully.
I /We am/are pleased to submit our bid for the above work. I/We hereby unconditionally accept the
bid conditions and bid documents as available in the website/e-Procurement portal, in its entirety
for the above work and agree to abide by and fulfill all terms and conditions and specifications as
contained in the bid document.
I/we here by submit all the documents as required to meet the eligibility criteria as per provision of
the bid notice/document.
I/We hereby confirm that this bid complies with the Bid validity, Bid Security and other documents
as required by the Bidding documents.
`
If any information furnished by me/us towards eligibility criteria of this bid is found to be incorrect
at any time, penal action as deemed fit may be taken against me/us for which I/We shall have no
claim against CIL/Subsidiary.
Until a formal agreement is prepared and executed, this bid and your subsequent Letter of
Acceptance/Work Order shall constitute a binding contract between us and Coal India Limited.
Should this bid be accepted, we agree to furnish Performance Security within stipulated date and
commence the work within stipulated date. In case of our failure to abide by the said provision, Coal
India Limited shall, without prejudice to any other right or remedy, be at liberty to “cancel the letter
of acceptance/ award and to forfeit the Earnest Money and also debar us from participating in future
tenders for a minimum period 12 months” OR to act as specified in the NIT.
Annexure-II
FORMAT OF UNDERTAKING
We solemnly declare that:
1. I/We am/are submitting Bid for the work “Annual Operation and Maintenance (Civil &
Electrical works) of Office Building and Residential Complex including Providing Facility
Management Services for Coal India Office and Residential Complex at New Town, Rajarhat,
Kolkata-700156 (for period of two years)” against Tender ID No. 2025_CILHQ_335404_1
Dated 13.05.2025 and I/we offer to execute the work in accordance with all the terms,
conditions and provisions of the bid.
3. All copy of documents, credentials and documents submitted along with this Bid are genuine,
authentic, true and valid.
5. We hereby undertake that we shall register and obtain license from the competent authority
under the contract labour (Regulation & Abolition Act) as relevant, if applicable.
6. l/We do not have relationship with any other participating Bidders, directly or through
common third parties, that puts us in a position to have access to information about or
influence on the bid of another Bidder.
7. l/We or any of my/our affiliate has/have not participated as consultant in the preparation of
the design or technical specification of the contract that is the subject of the bid.
8. If any information and document submitted is found to be false/ incorrect at any time,
department may cancel my/our Bid and action as deemed fit may be taken against me/us,
including termination of the contract, forfeiture of all dues and Debarment of our firm and all
partners of the firm etc from Bidding, as per the tender document.
Annexure-III
PROFORMA FOR UNDERTAKING TO BE UPLOADED BY BIDDER/S (ON THEIR LETTER HEAD)
REGARDING RELATIVES AS EMPLOYEES OF COMPANY, ARBITRATION CLAUSE (IN CASE OF
PARTNERSHIP FIRM/JV), LOCAL SUPPLIER STATUS OF THE BIDDER ETC. :
PROFORMA FOR UNDERTAKING
(To be uploaded by the Bidder on his Letter Head during submission of bid online)
I / We, ..................................................................................., Proprietor/Partner/Legal Attorney/
Director/ Accredited Representative of M/s. .................................., solemnly declare that:
1. Myself/Our Partners/Directors don’t has/have any relative as employee of Coal India Limited.
OR
The details of relatives of Myself/Our Partners/Directors working as employee of Coal India
Limited is as follows:
a. Name of the employee
b. Place of posting
c. Department
d. Designation
e. Type of relation - Wife/Husband/ Father/ Step-Father/Mother / Step-Mother/ Son/Step-
son/ Son's wife / Daughter / Daughter's Husband / Brother/ Step-Brother/ Sister / Stet-
Sister.
2. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make
necessary payments as required under law.
Or
*I/We hereby undertake that we shall take appropriate steps for registration as relevant under
CMPF / EPF authorities, if applicable. We shall make necessary payments as required under law.
* Delete whichever is not applicable.
3. ** I/We have not been debarred or banned or delisted by any Govt., or Quasi Govt. Agencies or
PSUs.
Or
**I / We ………………..have been debarred or banned by the organization named
“_____________” for a period of………………… year/s, effective from ……………….
to……………………..…..
** Delete whichever is not applicable.
4. We, ……………………………………………………………………………………………………………….. (Name of
Partners of Partnership Firm/Joint Venture), partners of
………………………………………………………………….. (Name of Partnership Firm/Joint Venture) hereby
consent to abide by the relevant provisions of General Terms and Conditions of CMM/MCEW
pertaining to arbitration.
(Applicable in case of Partnership firm/Joint Venture)
5. We certify that the works/services offered by us against the tender for the work “Annual
Operation and Maintenance (Civil & Electrical works) of Office Building and Residential Complex
including Providing Facility Management Services for Coal India Office and Residential Complex
at New Town, Rajarhat, Kolkata-700156 (for period of two years)” against Tender ID.
2025_CILHQ_335404_1, meet the minimum local content requirement and has local content:
* Equal to or more than 50% (Select this, in case of Class-I Local Suppliers) i.e………% (indicating
the percentage of local content)
* More than 20% but less than 50% (Select this, in case of Class-II Local Suppliers) i.e.………%
(indicating the percentage of local content)
*Delete whichever is not applicable.
Note: If the estimated value of procurement is more than Rs. 10 crores, all the Bidders shall
submit along with this Undertaking, a certificate (with UDIN) from the statutory auditor or cost
auditor of the company (in case of companies) or from a practicing cost accountant or practicing
chartered account (in respect of suppliers other than companies) giving the percentage of local
content.
6. Certificate regarding compliance to order no.F.No.6/18/2019-PPD dt 23/7/2020 as amended
from time to time of Ministry of Finance, Dept of Expenditure, Public Procurement Division
with respect to restrictions on procurement of goods, services or works from a Bidder of a
country which shares a land border with India and on sub-contracting to contractors from such
countries - I/we have read the Clause regarding restrictions on procurement from a Bidder of a
country which shares a land border with India and on sub-contracting to contractors from such
countries; I/we certify that I am/ we are not from such a country or, if from such a country,
has/have been registered with the Competent Authority and will not sub-contract any work to
a contractor from such countries unless such contractor is registered with the Competent
Authority. I hereby certify that I/we fulfil all requirements in this regard and I am/ we are eligible
to be considered.
Note: Where applicable, evidence of Competent Authority shall be attached along with this
Undertaking.
7. **I/We have not been debarred by any procuring entity for violation of Preference to Make in
India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt.
of India as amended from time to time.
OR
**I / We ………………..have been debarred by………………(name of procuring entity) for violation of
Preference to Make in India vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued
by Govt. of India as amended from time to time for a period of…………… year/s, effective from
………………. to……………………..…..
**Delete whichever is not applicable.
Note: A bidder who has been debarred by any procuring entity for violation of Preference to
Make in India vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020, issued by Govt. of
India as amended from time to time shall not be eligible for preference under this Order for
procurement by any other procuring entity for the duration of debarment.
8. I/we abide the Code of Integrity for Public Procurement (CIPP) as given in the tender document.
9. *I/we do not have any previous transgression of CIPP in last three years with any entity in any
country.
Or
*I / We have been debarred by……………… (name of procuring entity) for violation of Code of
Integrity for Public Procurement (CIPP), for a period of………………… year/s, effective from
………………. to……………………..…..
Annexure-IV
MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET BANKING PAYMENT.
1. Name of the Bidder :…………………………………………………………………
2. Address of the Bidder : ………………………………………………………………….
………………………………………………………………….
City………………………. Pin Code………………………….
E-mail Id ………………………………………………………
Permanent Account Number …………………………………..
3. Particulars of Bank:
Bank Name Branch Name
Branch Place Branch City
Pin Code Branch Code
MICR No.
( Digital Code number appearing on the MICR Band of the cheque supplied by the Bank.
Please attach Xerox copy of a cheque of your Bank for ensuring accuracy of the Bank Name,
Branch Name and Code Number.
RTGS CODE
Account Type Savings Current Cash Credit
Account Number(as appearing in
the Cheque Book.
4. Date from which the mandate should be effective.
I hereby declare that the particulars given above are correct and complete. If any transaction is
delayed or not effected for reasons of incomplete or incorrect information. I shall not hold Company
responsible. I also undertake to advise any change in the particulars of my account to facilitate
updation of records for purpose of credit of amount through SBI Net / RTGS transfer. I agree to
discharge responsibility expected of me as a participant under the scheme. Any bank charges levied
by the bank for such e-transfer shall be borne by us.
Place:
Date:
Signature of the Party / Authorised Signatory
------------------------------------------------------------------------------------------------------------------------
Certified that particulars furnished above are correct as per our records.
Banker’s Stamp
Date
ANNEXURE-V
To be Submitted by Bidder on Non-Judicial Stamp Paper of Rs. 10/- duly attested by Notary Public.
Whereas the agreement is supplementary to the contract hereinafter called the contract dated
………………….. made between the guarantor of the one part and …………………………. Limited, of the other
part whereby the contractor inter-alia, undertook to render the buildings and structures in the said
contract recited, completed, termite proof. And whereas the guarantor agreed to give a guarantee to
the effect that the said structure will remain termite proof for TEN YEARS to be reckoned from the
date after the maintenance period prescribed in the contract expires.
During this period of guarantee the guarantor shall make good all defects and for that matter shall
replace at his risk and cost such wooden member as may be damaged by termite and in case of any
other defect being found, he shall render the building termite proof at his cost to the satisfaction of
the Engineer-in-charge and shall commence the works of such rectification within seven days from
date of issuing notice from the Engineer-in-charge calling upon him to rectify the defects, failing which
the work shall be got done by ………………………….. Limited/ OWNER by some other contractor at the
guarantor’s cost and risk and in the later case the decision of the Engineer-in-charge as to the cost
recoverable from the guarantor shall be final and binding.
That if the Guarantor fails to execute the Anti-Termite treatment or commits breaches hereunder then
the Guarantor will indemnify …………………. Limited against all losses damages, cost expenses or
otherwise which may be incurred by him by reasons of any default on the part of the guarantor in
performance and observance of this supplemental Agreement. As to the amount of loss and or
damage and / or cost incurred by ………….. Limited / OWNER decision of the Engineer-in-charge will be
final and binding on the parties.
In witness where of these presents have been executed by the Guarantor ……….. and by …………………
for and on behalf of ……………………….. Limited on the day of month and year first above written.
1.
2.
1.
2.
ANNEXURE-VI
To be Submitted by Bidder on Non-Judicial Stamp Paper of Rs. 10/- duly attested by Notary Public.
The agreement made this ……………….…..……… day of ………………Two thousand and …………………….………..
between…………………… (hereinafter called Guarantor of the one part) and ……………… Limited
(hereinafter called the Owner of the other part).
WHEREAS this agreement is supplementary to a contract (hereinafter called the contract), dated
………………….. and made between the GUARANTOR OF THE ONE part and the …………………………. Limited
of the other part, whereby the contractor, inter-alia, undertook to render the buildings and structures
in the said contract recited completely water and leak proof.
AND WHEREAS the Guarantor agreed to give a guarantee to the effect that the said structures will
remain water and leak proof for five years from the date of giving water proofing treatment.
NOW THE GUARNTOR hereby guarantees that water proofing treatment given by him will render the
structures completely leak proof and the minimum life of such water proofing treatment shall be five
years to be reckoned from the date after the maintenance period prescribed in the contract.
Provided that the Guarantor will not be responsible for leakage caused by earthquake or structural
defects or misuse of roof or alteration and for such purpose.
1. Misuse of roof shall mean any operation, which will damage proofing treatment, like chopping
of fire wood and things of the same nature which might cause damage to the roof.
2. Alternation shall mean construction of an additional storey or a part of the roof or construction
adjoining to existing roof whereby proofing treatment is removed in parts.
3. The decision of the Engineer-in-Charge with regard to cause of leakage shall be final.
During this period of guarantee, the Guarantor shall make good all defects and in case of any defect
being found render the building water proof to the satisfaction of the Engineer-in-Charge at his cost
and shall commence the work for such rectification within seven days from the date of issue of notice
from the Engineer-in-Charge calling upon him to rectify the defects failing which the work shall be got
done by ……………………….. Coalfields by some other Contractor at the guarantor’s cost and risk. The
decision of the Engineer-in-Charge as to the cost, payable by the Guarantor shall be final and binding.
That if the Guarantor fails to execute the water proofing or commits breach thereunder, then the
Guarantor will indemnify the principal and his successors against all loss, damage, cost, expense or
otherwise which may be incurred by him by reason of any default on the part of the GUARANTOR in
performance and observance of this supplementary agreement. As to the amount of loss and / or
damage and / or cost incurred by ……………….. Coalfields, the decision of the Engineer-in-Charge will
final and binding on the parties.
IN WITNESS WHEREOF these presents have been executed by the Guarantor……….. and by …………………
and for and on behalf of ……………………….. Limited on the day, month and year first above written.
1.
2.
In presence of:
1.
2.
Annexure-VII
PROFORMA OF INDENTURE FOR SECURED ADVANCE OR CREDIT
THIS INDENTURE made this day of ………….. between………….. (hereinafter called the contractor) which
expression shall where the Context as admits or implies be deemed to include his executor /
administrators and assign of the one part and ……………….Coalfields, having its registered office
at……………. (hereinafter called the Engineer) which expression shall where the context so admits or
implies be deemed to include its successors and assign of the other part.
Whereas by an agreement dated (hereinafter called the said agreement), the contractor has agreed
to construct………………………………..
And whereas the Contractor has applied to the Engineer that he may be or be given credited for
materials brought by him to the site of the work subject to the said agreement for use in construction
of the work.
NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of
the sum of Rs…………………………… (Rupees …………………….. only) paid to the contractor by the Engineer.
The receipt where the Contractor hereby acknowledges and of such advance or credited (if any) as
may be made to him as aforesaid the Contractor hereby covenants and agrees with the Engineer and
declares as follows: -
1. That all sums given as advance or credit by the Engineer to the Contractor as aforesaid shall be
employed by the Constructor in or toward the execution of he said works and for no other purpose
whatsoever.
2. That the material for which the advance or credit is given are offered to and accepted by the
Engineer as security and are absolutely the Contractor’s own property and free from
encumbrances of any kind the Contractor will not make any application for or receives further
advance or credit on the security or material which are not absolutely his own property and free
from encumbrances of any kind and the Contractor shall indemnify the Engineer against any
claims to any material in respect of which advance or credit has been made to him as aforesaid.
3. That the said material and all other material on the security of which any further advance or
advances or credit may be given as aforesaid (hereinafter called the said materials) shall be used
by the Contractor solely in the execution of the said works in accordance with the direction of the
Engineer and in terms of said agreement.
4. That the Contractor shall make at his own cost all necessary and adequate arrangement for the
proper safe custody and protection against all risks of the said material and that until used in the
construction as aforesaid the material shall remain at the site of the said works in Contractor’s
custody and on his responsibility and shall at all times be open to inspection by the Engineer. In
the events of the materials or any part thereof being stolen, destroyed or damaged or becoming
deteriorated in greater degree than in due to reasonable use and wear thereof the Contractor will
replace the same with other materials of like quality of repair and make good the same as required
by the Engineer.
5. The said material shall not on any account be removed from the site of work expect with the
written permission of the Engineer.
6. That the advance shall be repayable in full when or before Contractor receives payment from the
Engineer of the price payable to him for the said work under the term and provisions of the said
agreement. Provided that if any intermediate payments are made to the Contractor on account
of work done then on the occasion of each payment the Engineer will be at liberty to make a
recovery from the Contractor’s bill from such payments by deducting there from the value of the
said materials than actually used in the contraction and in respect of which recovery has not been
made previously. The value of this purpose being determined in respect of each description of
materials at the rates at which the amounts of the advance as made under these presents was
calculated.
7. That the Contractor shall at any time make at any default in the performance of observance in
respect of any of the terms and provisions of he said agreement or of that provisions the total
amount of the advance or advances that may still be owing to the Engineer, shall immediately on
the happening of such default be repayable by the Contractor to the Engineer together with
interest thereon at 12% p.a. from the date of respective dated to such advance or advances to the
date of payment and with all costs. Damages and expenses incurred by the Engineer in or for
recovery hereof or the Contractor hereby covenants and agrees with the Engineer to repay and
pay the same respective to him accordingly.
8. That the Contractor hereby charges all the said materials with the repayment to the Engineer of
all sums advances or credit as aforesaid and all costs. Charges, damages and expenses payable
under these presents PROVIDED ALWAYS it is hereby agreed and declared that notwithstanding
anything in the said agreement and without prejudice to the powers contained therein if and
wherever the covenant for payment and repayment herein before contained shall be become
enforceable and the money owing shall not be paid in accordance therewith. The Engineer may at
any time thereafter adopt all or any of the following courses he may deem best: -
a. Seize the utilize the said material or any part thereof in the completion of the said works in
accordance with the provision in that behalf contained in the said agreement debating the
Contractor with the actual cost of effecting such completion and the amount due in respect
of advance or credit under these presents and crediting the Contractor with value of work
done as if he has carried it out in accordance with the said agreement and the rates thereby
provided if the balance is against the Contractor is to pay the same to the Engineer on
demand.
b. Remove and sell by public action the seized materials or any part thereof and out of the money
arising from the sale repay the Engineer under these presents and pay over the surplus ( if
any) to the Contractor.
c. Deduct all or any part of the moneys owing from any sums due to the contractor under said
agreement.
9. Expect in the event of such default on the part of contractor as aforesaid, interest or the said
advance shall not be payable.
10. That in the event of conflict between the provisions of these presents and the said agreements,
the provision of these presents shall prevail and in the event of any dispute or difference arising
over the construction or effect of these presents, the settlement of which has not been
hereinbefore expressly provided for the same shall so far as is lawful be subject to jurisdiction of
Delhi courts only.
IN WITNESS whereof the said the Engineer and the Contractor hereunto set their respective hands
and seals the day year first above written.
Annexure-VIII
SAMPLE GUARANTEE BOND
This agreement made this………………… day of ……………………… two thousand ……………… between
M/s………………………… (hereinafter called the Guarantor of the one part ) and the other ………….. Ltd.
(Name of the Subsidiary the other part).
Whereas this agreement is supplementary the contract (hereinafter called the contract)
dated……………. made between the Guarantor of the one part and subsidiary the other part, whereby
the contractor, inter alia, undertook to render the buildings and structures in the said contract recited,
completely………………. (termite proof / leak proof etc.).
Whereas the Guarantor agreed to give a guarantee to the effect that the said structure will
remain …………… (termite proof / leak proof etc.) for …………... years to be reckoned from the date after
the maintenance period / completion period prescribed in the contract expires.
During this period of guarantee the Guarantor shall make good all defects and for that matter, shall
replace at his risk and cost such wooden members as may be damaged by termites, and in case of any
other defect being found he shall render the building termite proof at his cost to the satisfaction of the
Engineer In charge, and shall commence the works of such rectification within 7(seven)days from the
date of issuing notice from the Engineer In charge calling upon him to rectify the defects, failing which
the work shall be got done by the department by some other contractor at the Guarantor’s cost and
risk, and in the latter case the decision of the Engineer In-charge as to the cost recoverable from the
Guarantor shall be final and binding.
That if the Guarantor fails to execute the ……………. (anti-termite treatment / leak proof treatment etc.)
or commits breaches hereunder then the Guarantor will indemnify principal and his successors against
all loss, damage, cost, expense or otherwise which may be incurred by him by reason of any default
on the part of the Guarantor in performance and observance of this supplemental agreement. As to
the amount of loss and / or damage and / or cost incurred by the subsidiary, the decision of the
Engineer-in-charge will be final and binding on the parties.
In witness whereof these presents have been executed by the obligator ………………… and
by ………………… for and on behalf of the ……………………. Ltd. (Subsidiary) on the day, month and year
first above written.
Annexure-IX
Name of Work:
Date of Commencement:
Period of Completion:
1 2 3 4
Annexure-X
IN LIEU OF RECEIVING PAYMENT AGAINST THE SECURITY DEPOSIT ACCRUED ANNUALLY BY PAYING
THE RUNNING BILL AT 95%, i.e. THE RETENTION MONEY DEDUCTED @ 5% FROM RUNNING BILL
To
………………………………………..
………………………………………..
WHEREAS
………….. (Name and address of the Contractor) (herein after called “the Contractor”) has
entered into a contract dated……….(herein after called the said contract) with ………… (name of the
Company) (hereinafter called “the Company”) to execute …………. (name of the contract and brief
description of work) on the terms and conditions contained in the said contract.
It has been agreed that the Contractor shall furnish a Bank Guarantee from a Schedule commercial
bank (i.e. Indian or Foreign Banks included in the Second Schedule of Reserve Bank of India Act, 1934
excluding Cooperative banks or Regional Rural Banks) for a sum of Rs………….. as security for release of
equivalent amount of Retention Money/Bid Security as per terms and conditions of the said contract.
We……… (name of the Bank) having its branch/Office at……..….. have, at the request of the Contractor,
agreed to furnish this bank Guarantee by way of Bid Security.
NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby, unconditionally and
irrevocably, guarantees and affirms as follows:
The Bank do hereby irrevocably guarantees and unconditionally agree with the Company that if the
contractor shall in any way fail to observe or perform the terms and conditions of the said contract or
shall commit any breach of its obligation there under, the Bank shall on its mere first written demand,
and without any objection, demur and without any reference to the contractor, pay to the company
the said sum of …………… or such portion as shall then remain due with interest without requiring the
Company to have recourse to any legal remedy that may be available to it to compel the Bank to pay
the sum, or failing on the company to compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the Company and as
regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to
withhold payment on the ground that the Contractor has disputed its liability to pay or has disputed
the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between
the Company and the Contractor regarding the claim.
The Bank further agree that the Guarantee shall come into force from the date hereof and shall remain
in force and effect till the period that will be taken for the performance of the said Contract which is
likely to be ………… day of …………. but if the period of Contract is extended either pursuant to the
provisions in the said Contract or by mutual agreement between the contractor and the company, the
Bank shall renew the period of the Bank Guarantee failing which it shall pay to the company the said
sum of Rs………….. or such lesser amount of the said sum of Rs………………. as may be due to the
company and as the company may demand.
This Guarantee shall remain in force until the dues of the company in respect of the said sum of
Rs……….. and interest are fully satisfied and the Company certifies that the Contract has been fully
carried out by the Contractor and he has discharged the guarantee.
The Bank further agrees with the company that the company shall have the fullest liberty without
consent of the Bank and without affecting in any way the obligations hereunder to vary any of the
terms and conditions of the said contract or to extend time for performance of the said contract from
time to time or to postpone for any time or from time to time any of the powers exercisable by the
Company against the contractor and to forebear to enforce any of the terms & conditions relating to
the said Contract and the Bank shall not be relieved from its liability by reason of such failure or
extension being granted to the Contractor or to any forbearance, act or omissions on the part of the
company or any indulgence by the Company to the Contractor or any other matter or thing whatsoever
which under the law relating to sureties would but for this provision have the effect or relieving or
discharging the Guarantor.
The Bank further agrees that in case this Guarantee is required for a longer period and it is not
extended by the Bank beyond the period specified above the Bank shall pay to the company the said
sum of Rs………….. or such lesser sum as may then be deemed to the Company and as the Company
may require.
Notwithstanding anything contained herein the liability of the Bank under this Guarantee is restricted
to Rs……….. The Guarantee shall remain in force till the day ………*………….. of ……*…….. and unless the
Guarantee is renewed or claim is preferred against the Bank on or before the said date all rights of the
Company under this Guarantee shall cease and the Bank shall be relieved and discharged from all
liabilities hereunder except as provided in the preceding Clause.
* the date of guarantee shall cover a minimum period of one year or suitable period i.e. 90 days beyond
the defect liability period whichever is more. Defect liability period shall be derived based on
provisions of contract.
Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-mail/Fax
addressed to the bank branch/operative branch, which shall be deemed to be a sufficient demand
notice. Bank shall effect payment thereof forthwith.
This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.
The Bank has under it is constitution power to give this guarantee and Shri ……………… who has signed
it on behalf of the Bank has authority to do so.
(Signature)
(Name)
(Designation)
(Code number)
(address)
“The Bank Guarantee as referred above shall be operative at our branch at…….. payable
at………………………….
(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name of the branch
with address of the specified town/city)”
NOTE: - The department shall ensure extension of guarantee period in case of extension of time.
Annexure-XI
PROFORMA OF BANK GURANTEE FOR PERFORMANCE
SECURITY
To
…………………………..
…………………………..
Re: Bank Guarantee in respect of Contract No…………………….….,Dated……………. Between ……………..
(Name of the company) and ………………………………. (Name of the Contractor)
WHEREAS
………….. (Name and address of the Contractor) (herein after called “the Contractor”) has entered into
a contract made as per letter of acceptance………………..dated.……..(herein after called the said
contract) with ………… (name of the Company) (hereinafter called “the Company”) to execute ………….
(name of the contract and brief description of work) on the terms and conditions contained in the said
contract.
It has been agreed that the Contractor shall furnish a Performance Security in the shape of Bank
Guarantee from a Schedule Commercial bank (i.e. Indian or Foreign Banks included in the Second
Schedule of Reserve Bank of India Act, 1934 excluding Co-operative banks or Regional Rural Banks) for
a sum of Rs………….. as security for due compliance and performance of the terms and conditions of
the said contract.
We……… (name of the Bank) having its branch/Office at……..….. have, at the request of the Contractor,
agreed to furnish this bank Guarantee by way of performance Security.
NOW, THEREFORE, we the……………… Bank (herein after called The Bank) hereby, unconditionally and
irrevocably, guarantees and affirms as follows:
The Bank do hereby irrevocably guarantees and unconditionally agree with the Company that if the
contractor shall in any way fail to observe or perform the terms and conditions of the said contract or
shall commit any breach of its obligation there under, the Bank shall on its mere first written demand,
and without any objection, demur and without any reference to the contractor, pay to the company
the said sum of …………… or such portion as shall then remain due with interest without requiring the
Company to have recourse to any legal remedy that may be available to it to compel the Bank to pay
the sum, or failing on the company to compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the company and as
regards the amount payable by the Bank under this Guarantee. The Bank shall not be entitled to
withhold payment on the ground that the Contractor has disputed its liability to pay or has disputed
the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between
the company and the Contractor regarding the claim.
The Bank further agree that the Guarantee shall come into force from the date hereof and shall remain
in force and effect till the period that will be taken for the performance of the said Contract which is
likely to be …………. day of ………….. but if the period of Contract is extended either pursuant to the
provisions in the said contract or by mutual agreement between the contractor and the company, the
Bank shall renew the period of the Bank Guarantee failing which it shall pay to the company the said
sum of ………….…. or such lesser amount of the said sum of …………… as may be due to the company
and as the company may demand.
This Guarantee shall remain in force until the dues of the company in respect of the said sum of
……………….and interest are fully satisfied and the Company certifies that the Contract has been fully
carried out by the Contractor and discharged the guarantee.
The Bank further agrees with the company that the company shall have the fullest liberty without
consent of the Bank and without affecting in any way the obligations hereunder to vary any of the
terms and conditions of the said contract or to extend time for performance of the said contract from
time to time or to postpone for any time or from time to time any of the powers exercisable by the
Company against the contractor and to forebear to enforce any of the terms and conditions relating
to the said Contract and the Bank shall not be relieved from its liability by reason of such failure or
extension being granted to the Contractor or to any forbearance, act or omissions on the part of the
company or any indulgence by the Company to the Contractor or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the effect or
relieving or discharging the Guarantor.
The Bank further agrees that in case this Guarantee is required for a longer period and it is not
extended by the Bank beyond the period specified above, the Bank shall pay to the company the said
sum of ……….….. or such lesser sum as may then be deemed to the Company and as the Company may
require.
Notwithstanding anything contained herein the liability of the Bank under this Guarantee is restricted
to Rs………..……. The guarantee shall remain in force till the day ……*…….. of ……*..……. and unless the
guarantee is renewed or claim is preferred against the bank on or before the said date all rights of
the Company under this guarantee shall cease and the Bank shall be relieved and discharged from all
liabilities hereunder except as provided in the preceding Clause.
* The date of guarantee shall cover a period of “minimum one year” or “90 days beyond the date of
completion” whichever is more.
Any notice by way of request, demand or otherwise hereunder maybe sent by post/e-mail/Fax
addressed to the bank branch/operative branch, which shall be deemed to be a sufficient demand
notice. Bank shall effect payment thereof forthwith.
This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.
The Bank has under its constitution power to give this Guarantee and Sri……………………. who has signed
it on behalf of the Bank has authority to do so.
(Signature)
(Name)
(Designation)
(Code number)
(address)
“The Bank Guarantee as referred above shall be operative at our branch at…….. payable
at………………………….
(NIT shall specify town/city of the operative Branch. Bank Guarantee shall specify name of the branch
with address of the specified town/city)”
NOTE: - The department shall ensure extension of guarantee period in case of extension of time.
Annexure-XII
PROFORMA OF JOINT VENTURE AGREEMENT
(On Non-Judicial Stamp paper of appropriate value as per provision of the Stamp Act applicable in
the concerned state)
This Joint Venture agreement is made on this ……………………..day of…………………………………..
AMONGST/BETWEEN
M/s………………………………………, having its registered Office at ………………………...
Represented by Shri…………………………….(Name and Designation) of M/s………………...Who has power of
Attorney to enter into Joint Venture with…………………………………...and Sign all documents/ agreements
on behalf of M/s……………… (hereinafter referred to as”……………….”)
AND
M/s………………………………………, having its registered Office at ………………………...
Represented by Shri…………………………….(Name and Designation) of M/s………………...who has power of
Attorney to enter into Joint Venture with…………………………………...and Sign all documents/agreements
on behalf of M/s……………… (hereinafter referred to as”……………….”).
AND
M/s………………………………………, having its registered Office at ………………………...
Represented by Shri…………………………….(Name and Designation) of M/s………………...who has power of
Attorney to enter into Joint Venture with…………………………………...and Sign all documents/agreements
on behalf of M/s……………… (hereinafter referred to as”……………….”).
The expressions M/s …………………..and M/s…………………and M/s ………..shall, wherever the context
admits, mean and include their respective legal representatives, successors-in-interest and assigns
and shall collectively be referred to as “Joint Venture /Parties” and individually as “Joint Venture
Partner/Party”.
WHEREAS M/s……………….and M/s………………agreed to form a Joint Venture in order to join their forces
to obtain best results from the combinations of their individual resources of technical and
management skill, finance and equipment for the benefit of the project and in order to submit the Bid
for the work of “………………………………….............................................
……………………………………………………………………………………………………………………………….. (Hereinafter
referred to as “Project”) under……………………..(Name of Company(hereinafter referred to as “the
principle Employer”).
The Parties hereby enter into this Joint Venture Agreement (hereinafter referred to as “Joint Venture
agreement”) to jointly prepare and submit the Bid for the Project and in the event of securing the
Project from the Employer, to execute the Project in accordance with the Contract terms and
conditions, to the satisfaction of the Principal Employer.
NOW THEREFORE, the parties, in consideration of the mutual premises contained herein, agree as
follows:
1) FORMATION AND TERMINATION OF THE JOINT VENTURE.
The parties under this Agreement have decided to form a Joint Venture to submit the Bid for the
above Project and execute the Contract with the Principal Employer for the Project, if qualified
and awarded.
a) The name and style of the Joint Venture shall be “………………………………..”
4.2 The Parties shall share the rights and obligations, risk, cost and expenses, working capitals,
profits or losses or others arising out of or in relation to execution of the Project individually or
collectively.
4.3 The parties shall jointly execute the works under the Project as an integrated entity and
allocate responsibilities as regards division of work between themselves by organizing the
adequate resources for successful completion of the Project. However, all parties shall remain
jointly and severally responsible for the satisfactory execution of the Project in accordance with
the Contract terms and conditions.
5) JOINT AND SEVERAL LIABILITIES.
All partner of Joint Venture shall be liable jointly and severally during the Pre-qualification and
Bidding process; and in the event the contract is awarded, during the execution of the Contract,
in accordance with Contract terms.
6) WORKING CAPITAL
During the execution of work/service, the requirement of Working Capital shall be met individually
or collectively by the JV partners.
7) BID SECURITY:
Bid Security, Performance Security and other securities shall be paid by the Joint Venture except
as otherwise agreed.
8) PERSONNEL & EQUIPMENT
Team of Managers / Engineers of all the partners of the Joint Venture will form part of the core
management structure and assist in execution of the project. The list of Personnel and equipment
proposed to be engaged for the project by each Party will be decided by the management
committee.
9) NON PERFORMANCE OF RESPONSIBILITY BY ANY PARTY OF JOINT VENTURE.
a) As between themselves, each Party shall be fully responsible for the fulfilment of all
obligations arising out of its scope of the work for the Project to be clarified subject to the
Agreement between the Parties and shall hold harmless and indemnified against any damage
arising from its default or non-fulfilment of such obligations.
b) If any Party fails to perform its obligations described in this Agreement during the execution
of the Project and to cure such breach within the period designated by the non-defaulting
party, then the other party shall have the right to take up work, the interest and
responsibilities of the defaulting party at the cost of the defaulting party.
c) Stepping into the shoes of the existing partner of Joint Venture with all the liabilities of the
existing partner from the beginning of the contract with the prior approval of CIL/Subsidiary.
d) Notwithstanding demarcation or allotment of work of between/amongst Joint Venture
partners, Joint Venture shall be liable for non-performance of the whole contract irrespective
of their demarcation or share of work.
e) In case bid being accepted by Company, the payments under the contract shall only be made
to the Joint Venture and not to the individual partners.
10) BANK A/C.
Separate Bank A/c. shall be opened in the name of the Joint Venture in a scheduled or Nationalized
Bank in India asper mutual Agreement and all payments due to the Joint Venture shall be received
only in that account, which shall be operated jointly by the representative of the Parties hereto.
The financial obligations of the Joint Venture shall be discharged through the said Joint Venture
Bank Account only and also all the payments received or paid by company to the Joint Venture
shall be through that account alone.
11) LIMIT OF JOINT VENTURE ACTIVITIES.
The Joint Venture activities are limited to the bidding and in case of award, to the performance of
the Contract for the Project according to the conditions of the Contract with the Employer.
12) TAXES.
Each Party shall be responsible for its own taxes, duties and other levies to be imposed on each
party in connection with the Project. The taxes, duties and other levies imposed on the Joint
Venture in connection with the Project shall be paid from the account of the Joint Venture.
13) EXCLUSIVITY
The Parties hereto agree and undertake that they shall not directly or indirectly either individually
or with other party or parties take part in the Bid for the said Project. Each Party further guarantee
to the other party hereto that this undertaking shall also apply to its subsidiaries and companies
under its direct or indirect control.
14) MISCELLANEOUS:
a. Neither party of the Joint Venture shall assign, pledge, sell or otherwise dispose all or part of its
respective interests in the Joint Venture to all third party without the Agreement of the other
party in writing.
b. Subject to the above clause, the terms and conditions of this agreement shall be binding upon
the parties, the Directors, Officers, Employees, Successors, Assigns and Representatives.
15) APPLICABLE LAW
This agreement shall be interpreted under laws and regulations of India.
IN WITNESS Whereof the Parties hereto have hereunder set their respective hands and seals the day,
month, year first above written.
For …………………………………….. For……………………………..
Signature _____________________ Signature _______________
(Name & Address ) ( Name & Address )
(Official Seal ) (Official Seal )
Place ………………………………….. Place………………………..
Annexure-XIII
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on…………….day of
the month of ………….20…, between, on one hand, Coal India Limited/Subsidiary Cos. acting through
Shri …………………….., Designation of the officer, (hereinafter called the “BUYER / Principal”, which
expression shall mean and include, unless the context otherwise requires, his successors in office and
assigns) of the First Part and M/s. …………………………..represented by Shri………………, Chief Executive
Officer (hereinafter called the “BIDDER/Seller/Contractor” which expression shall mean and include,
unless the context otherwise requires, his successors and permitted assigns) of the Second Part.
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 work/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:
(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe
the following principles:-
a. No employee of the Principal, personally or through family members, will in connection with the
tender for , or the execution of a 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 under the IPC/ PC Act, or if there be a substantive suspicion in this regard, the Principal will
inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.
(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 process 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 enter with other Bidders info any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non- submission of bids or any other actions to
restrict competitiveness or to introduce cartelisation in the bidding process.
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.
d. The Bidder(s) / Contractors(s) of foreign origin shall disclose the name and address of the
Agents/ representatives in India , if any, Similarly the Bidder(s) /Contractors(s) of Indian Nationality
shall furnish the name and address of the foreign principals, if any. Further details as mentioned in the
"Guidelines on 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.
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 persons 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 a 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 such 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 and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal, after due consideration of available
facts and evidences within his / her knowledge concludes that there is a reasonable ground to suspect
violation of any commitment listed under Section 2 i.e “ Commitments of Bidder(s) / Contractor(s).
(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to resort
to and 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.”
(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 Contractor liquidated damages of the Contract value or the amount equivalent to
Performance Bank Guarantee.
(1) The Bidder declares that no previous transgressions 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 Debarment of firms
from Bidding ".
(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.
(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate
its provisions.
(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 Limited / 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
Limited / CMD, Subsidiary Companies and recuse himself / herself from that case.
(5) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the 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/ she will so
inform the Management of the Principal and request the Management to discontinue or take
corrective action, or to take other relevant action. 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 an 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.
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 it is discharged / determined by Chairman Coal
India Limited / CMD, Subsidiary Companies.
(1) Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
(2) If the Contractor is a partnership or a Joint Venture, this agreement must be signed by all partners
or JV 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.
(5) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in the
Integrity Pact will prevail.
In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts
of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall
extend all possible help for the purpose of such examination.
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may
follow in accordance with the provisions of the extant law in force relating to any civil or criminal
proceedings.
(For & On behalf of the Principal) (For & On behalf of Bidder/ Contractor)
Witness 1: Witness 2:
ANNEXURE- A
Guidelines for Indian Agents for Foreign supplier (Part of Integrity Pact)
In case an Indian Agent is participating in a tender on behalf of one manufacturer, it is not allowed to
participate / quote on behalf of another manufacturer in this tender or in a parallel tender for the
same item. Further, in a tender, either manufacturer can quote or its authorized Indian Agent can
quote but both are not allowed to participate/ quote in the same tender. Also, one manufacturer can
authorise only one agent to quote in the same tender. All the bids, not quoted as per the above
guidelines, will be rejected.
2. The Foreign manufacturer must indicate the name & address of its agent in India. It should also
indicate the commission payable to them and the specific services rendered by them. The Indian
Agency commission will be payable only on FOB prices of goods and it should be quoted as a
percentage of the FOB price. In case, the foreign manufacturer does not have any Indian Agent, it
should be clearly mentioned in the bid. In terms of Integrity Pact, the Bidder has also to disclose all
payments to agents, brokers or any other intermediaries. The amount of agency commission payable
to Indian Agent should not exceed 5% or what is specified in agency agreement, whichever is lower.
3. In addition to above A certificate that no commission is payable by the principal supplier to any
agent, broker or any other intermediary against this contract other than percentage as indicated in
BOQ (not exciding 5% of FOB) of FOB value of the contract to Indian Agent. This certificate forms a
part of letter of credit.
4. The payment of Indian Agency Commission, if any, involved, may be considered in case of necessity,
subject to compliance of the Government of India guidelines issued from time to time. The name of
the Indian Agent with their full address and the quantum of Agency commission if any, payable shall
have to be mentioned in the offer by the foreign manufacturer.
The following documents shall be submitted by the Bidder in case of contract with foreign principals
involving Indian agents:
a. Foreign principal’s pro-forma invoice or any other authentic document indicating the commission
payable to the Indian agent, nature of after sales service to be rendered by the Indian Agent and the
precise relationship between the Principal and the Agent and their mutual interest
b. Copy of the agency agreement if any with the foreign principal stating the precise relationship
between them and their mutual interest in the business.
However, if all the details given in Para – (i) are complied with, the requirement of submission of
document mentioned at Para – (ii) may be waived.
ANNEXURE-XIV
STAMP PAPER
This agreement is made on ………………. day of …………….. between ( Name of Company ) having its
registered office at ……………………………………………… (hereinafter called the ‘COMPANY’ which
expression shall, unless repugnant to the subject or context, include its successors and assignees) of
the one part and ( Name of the Contractor ) carrying on business as a ( partnership/ proprietorship/
Ltd. Co. etc. ) firm under the name and style ………………………………………………… (hereinafter called the
‘said Contractor’ which expression shall, unless the context requires otherwise include them and their
respective heirs, executors, administrators and legal representatives) of the other part.
Whereas the Company invited tenders for the work of “……………………………………… ……………………..” and
whereas the said Contractor/ Firm submitted tender for the said work and deposited a sum of
Rs………………….. as Earnest Money and whereas the tender of the said contract has been accepted by
the Company for execution of the said work.
1. In this agreement words and expressions shall have the same meaning as are respectively
assigned to them in the tender papers hereinafter referred to.
2. The following documents which are annexed to this agreement should be deemed to form and
be read and construed as part of this agreement viz.
i) Annexure-A Tender Notice (Page .. to ..)
ii) Schedule –A General Terms & Conditions, Special Conditions and General Technical
Specification (Page …. to …) and Safety Code.
iii) Schedule-B The probable Quantities and Amount (Page … to …)
iv) Schedule-C Negotiation letters –
v) Schedule-D Letter of Acceptance/Work Order (Page .. to ..)
vi) Schedule-E Drawings (Page .. to ..)
3. In consideration for the payment of the sum of Rs……………( W/O Value; both in words and
figures ) or such other sum as may be arrived at under the clause of the specification relating
to Payment by items measurements at unit prices by the Company, the said Contractor shall,
subject to the terms & condition contained herein execute and complete the work as described
and to the extent of probable quantities as indicated in Schedule B with such variations by way
of alteration, addition to or reduction from the said works.
4. The company has received a sum of Rs............ towards Performance Security Deposit (1st part
of Security Deposit) in the form of B.G./NEFT/RTGS other form (details to be furnished).
5. The said contractor hereby covenants with the company that the company shall deduct at 5%
of R/A Bills excluding GST as Retention Money (2ndpart of security deposit) to make the total
Security as 10% (ten percent) of contract value, as per the terms & condition of the tender/
contract.
IN WITNESS WHEREOF THE parties herein have set their hands and seals the date and year above
written
1. Partner. Signature
2. Partner Signature
On behalf of M/S………………………………..
The Contractor, as one of the constituted attorney,
In the presence of –
1. Name ____________________________ Signature
Address:
Occupation:
2. Address: .
ANNEXURE- XV
1. Introduction
Public procurement is perceived to be prone to corruption and ethical risks. To mitigate this,
the officials of Procuring Entities involved in procurement and the bidders/ contractors must
abide by the following Code of Integrity for Public Procurement (CIPP). All Procuring Officials
shall give an undertaking to abide by the Code of Integrity of Public Procurement (CIPP) in ERP
while processing PR in SAP ERP. The undertaking shall be put in format of PR itself in ERP.
However, if estimate is processed outside ERP then separate undertaking in this regards shall
be given by all procuring officials. The bidders/ contractors should be asked to sign a declaration
about abiding by a Code of Integrity for Public Procurement (including sub-contractors engaged
by them) during submission of bid, with a warning that, in case of any transgression of this code,
it would be liable for punitive actions such as cancellation of contracts, banning and blacklisting
or action in Competition Commission of India, and so on.
2. Code of Integrity for Public Procurement
Procuring authorities as well as bidders, contractors and consultants should observe the highest
standard of ethics and should not indulge in the following prohibited practices, either directly
or indirectly, at any stage during the procurement process or during execution of resultant
contracts:
i) “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or gifts or
any material benefit, in exchange for an unfair advantage in the procurement process or
to otherwise influence the procurement process or contract execution;
ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or attempt
to mislead so that financial or other benefits may be obtained or an obligation avoided.
This includes making false declaration or providing false information for participation in
a tender process or to secure a contract or in execution of the contract;
iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive arrangement,
or any other practice coming under the purview of The Competition Act, 2002, between
two or more bidders, with or without the knowledge of the procuring entity, that may
impair the transparency, fairness and the progress of the procurement process or to
establish bid prices at artificial, non-competitive levels;
iv) “Coercive practice”: harming or threatening to harm, persons or their property to
influence their participation in the procurement process or affect the execution of a
contract;
v) “Conflict of interest”: Participation by a bidding firm or any of its affiliates that are either
involved in the consultancy contract to which this procurement is linked; or if they are
part of more than one bid in the procurement; or if the bidding firm or their personnel
have relationships or financial or business transactions with any official of procuring
entity who are directly related to tender or execution process of contract; or improper
use of information obtained by the (prospective) bidder from the procuring entity with
an intent to gain unfair advantage in the procurement process or for personal gain.
vi) “Obstructive practice”: materially impede the procuring entity’s investigation into
allegations of one or more of the above mentioned prohibited practices either by
deliberately destroying, falsifying, altering; or by concealing of evidence material to the
investigation; or by making false statements to investigators and/ or by threatening,
harassing or intimidating any party to prevent it from disclosing its knowledge of matters