e-Tender/F-HEMM-OS/2015/312 Date: 09.03.15

e-Tender/F-HEMM-OS/2015/312 Date: 09.03.15
BHARAT COKING COAL LIMITED
(A Mini Ratna Company)
(A Subsidiary of Coal India Limited)
KOYLA BHAWAN, DHANBAD
e-TENDER
DOCUMENT
I N
D E X
e-Tender Notice No. : H-HEMM-3
Ref. No. BCCL/GM(CMC)/e-Tender/F-HEMM-OS/2015/312
Contents
Date: 09.03.15
Page No.
PART – I (BID DOCUMENT)
Notice Inviting e-Tender
1 TO 14
Sec -1 Instruction to Bidder
15 TO 22
Sec -2 Conditions of contract
23 TO 67
Sec -3 Drawings (Plan & Borehole Section)
68 TO 69
Sec -4 Formats for Bank Guarantee for Bid Security/
Performance B.G, Letter of Acceptance,
Agreement, Affidavits etc., Annexure – A to N.
70 TO 105
PART – II (Price Bid): Bill of Quantities /Schedule of Quantities – 07 (Seven) marked
Pages
BHARAT COKING COAL LIMITED
(A Mini Ratna Company)
(A Subsidiary of Coal India Limited)
KOYLA BHAWAN, DHANBAD
e-TENDER DOCUMENT
PART – I
NAME & PLACE OF WORK: Hiring of HEMM for removal of OB, extraction and
transportation of coal with fire fighting from XIV, XIII, XI/XII, XII, XI, IX/X, VIIIA,
V/VI/VII/VIII, IV(T), IV(B), III, II, I(T) and I(B) seams at Patch-DE (Mega Project) of
Dhansar - Ena Colliery of Kusunda Area along with crushing of coal by portable
crusher
NIT No.: BCCL/GM(CMC)/e-Tender/F-HEMM-OS/2015/312 Date: 09.03.15
Estimated Cost
Amount of Earnest Money / Bid Security
:
:
Rs. 1694,84,38,224/Rs. 1,00,00,000/-
Part - I: Contains – 105 (One Hundred and Five) marked pages.
Date & time of submission of Tenders .
Date & Time of opening of tender (Part-I )
: As per NIT
: As per NIT
Bharat Coking Coal Limited
(A Mini Ratna Company)
(A Subsidiary of Coal India Ltd)
Regd. Off.: Koyla Bhawan
Koyla Nagar, Dhanbad-826005
CIN U10101JH1972GOI000918
www.bccl.gov.in
Contract Management Cell
Fax/Tel. No.: 0326-2230206
E-mail: [email protected]
BCCL
NIT No.: BCCL/GM(CMC)/e-Tender/F-HEMM-OS/2015/312
Date: 09.03.15
Notice Inviting e-Tender
1. Digitally signed and encrypted E-Tenders are invited under Two Part system followed
by reverse auction on-line on the e-tendering portal of Bharat Coking Coal Limited
https://bccl.eproc.in from the reputed and experienced contractors having Digital
Signature Certificate (DSC) of minimum class-II type (with signing & encryption
certificate) issued from any agency authorized by Controller of Certifying Authority
(CCA), Govt. of India which can be traced up to the chain of trust to the root certificate
of CCA, for the following work:
Description of work
Hiring
of
HEMM
for
removal of OB, extraction
and transportation of coal
with fire fighting from XIV,
XIII, XI/XII, XII, XI, IX/X,
VIIIA, V/VI/VII/VIII, IV(T),
IV(B), III, II, I(T) and I(B)
seams at Patch-DE (Mega
Project) of Dhansar - Ena
Colliery of Kusunda Area
along with crushing of coal
by portable crusher:
1) OB : 1024.22 LCM
2) Dumped Loose OB :
127.30 LCM
3) Jhama + MP : 8.00 LMT
3) Coal : 341.88 LMT
4) Stripping Ratio : 1:3.29
Location
Estimated value
Earnest
Money/Bid
Security
XIV,
XIII,
XI/XII, XII,
Rs.
Rs.
XI,
IX/X,
VIIIA,
1694,84,38,224/- 1,00,00,000/V/VI/VII/VIII,
IV(T), IV(B),
III, II, I(T)
and
I(B)
seams
at
Patch-DE
(Mega
Project) of
DhansarEna Colliery
of Kusunda
Area
Period of
Work
2555
Days
Note: The Bid document will be available on the following websites for
downloading at free of cost.
1. https://bccl.eproc.in
2. http://www.bccl.gov.in
3. http://tenders.gov.in
1
2. Time Schedule of Tender
Sl. No.
Particulars
Date
(DD/MM/YYYY)
09.03.2015
23.03.2015
23.03.2015
13.04.2015
23.03.2015
13.04.2015
24.03.2015
03.04.2015
1
2
3
4
5
6
7
8
9
Time
(HH:MM)
_
10:00
10:00
17:00
10:00
17:00
10:00
17:00
Date of NIT
Tender e-Publication date
Document download start date
Document download end date
Bid Submission start date
Bid submission end date
Start date for seeking Clarification online
End date for seeking Clarification online
End date of providing clarification by
08.04.2015
17:00
BCCL online
10
Last date of receipt of EMD, Annexure A, Annexure - B, Annexure - C, Power of
10:00 to 17:00
Attorney of signatory of the Bid,
(Mon-Fri)
Document of Legal status of the bidder,
17.04.2015
10:00 to 13:30
e-mandate form (Annexure-D) and Joint
(Sat)
Venture/consortium
Agreement
(Annexure-N)(If applicable)
11
Part-I Bid Opening date
21.04.2015
16:00
12
Pre Bid meeting
02.04.2015
11:00
If the numbers of bids received up to the bid submission end date are less than three, the
bid Submission end date and also other relevant dates as per time Schedule of e-Tender
(Ref. table above) shall be extended automatically by 2 days. In this extended period any
new bidder can submit his tender online. However, the existing bidder(s) will be allowed to
modify his/their submission as per provision of Clause 12. If up to the extended end date
of bid submission, the number of bids received online remains less than three, the
extended bid Submission end date and also other relevant dates as per modified time
Schedule of NIT shall be extended automatically by further 5 days.In this extended period
any new bidder can submit his tender online. However, the existing bidder(s) will be
allowed to modify his/their bid as per provision of Clause 12. If up to second extended
end date of bid submission, the number of bids received online remains less than three,
the bid(s) received shall be opened without any further extension.
3. Deposit of EMD:
Earnest Money/ Bid Security is to be deposited in any of the form detailed below:
(i) Irrevocable Bank Guarantee (BG) from any Scheduled Bank drawn in favour of
“Bharat Coking Coal Limited” payable at its branches at Dhanbad/ Kolkata with
minimum validity of 28 (Twenty eight) days beyond the validity of the Bid in the
format given in the Bid Document as Annexure-F.
(ii) Certified Cheques or Demand Draft (DD) from any scheduled Bank drawn in favour
of “Bharat Coking Coal Limited” Payable at Dhanbad.
(iii) Earnest Money can be deposited online on e-Procurement portal of BCCL by
following modes subject to availability:
(a) Online fund transfer from < Name of Bank> < on behalf of > <Name of
Bidder>
(b) NEFT/RTGS from any Scheduled Bank
EMD through NEFT/RTGS has to be paid strictly as per the challan generated by the
respective bidder on e-Procurement portal of BCCL. The EMD payment through
NEFT/RTGS mode should be made well before the last date and time of bid
submission to ensure that the EMD amount is received in the BCCL account before
bid submission.
2
In case of online payment of EMD, the Bid can only be submitted when the EMD is
received in the BCCL Account.
In case of online payment of EMD, if the payment is made by the bidder within the last
date & time of bid submission but not received in the BCCL Account within the
specified period due to any reason then the bid will not be accepted. However, the
EMD will be refunded back to the bidder.
In order to submit EMD through DD / Certified Cheques / BG, the bidder has to furnish
the DD / Certified Cheques / BG Number, date of issue, date of expiry, amount and
the name of issuing bank and other information while submitting the tender
online.
The original DD/Bankers Cheque / BG against EMD must be deposited in person in
the office of the GM (CMC) HEMM & others, Contract Management Cell, Level-V,
Koyla Bhawan, BCCL Dhanbad - 826 005, on any working day up to the date and time
as specified in point no 10 of clause no. 2 of NIT. BCCL shall not be responsible for
any delay in receipt of EMD. Bidder has also to upload scanned copy of DD/BC/BG for
EMD during on line submission of Bid. The bidders should also submit MANDATE
FORM for e-Payment along with original EMD as per the format given in the bid
document at ANNEXURE- D.
The qualification for opening of part-I of respective bidder will be subject to the receipt of
EMD & other documents submitted in appropriate form within scheduled date and time as
mentioned in point no 10 of clause no. 2 of NIT. BCCL shall not be responsible for any
delay in receipt of EMD and original affidavits. In case of non-receipt of these documents
within the aforesaid period, the bid will be out rightly rejected.
4. Clarification of Bid:
The bidder may seek clarification online within the specified period as mentioned above
in clause 2 of NIT. Identity of the bidder will not be disclosed by the system. The
department will clarify as far as possible only the relevant queries of bidders as the
clarifications given by department will be visible to all the bidders intending to participate
in that tender. The end date of giving clarification by BCCL online will be as mentioned
above in clause 2 of NIT.
5. Eligible Bidders:
The invitation for bid is open to all bidders including an Individual, Proprietorship firm,
Partnership firm, Company or a Joint Venture/consortium having eligibility to
participate as per eligibility criteria stipulated in clause No. 6 of NIT and having Digital
Signature Certificate (DSC) minimum class-II type (with signing & encryption
certificate) 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 bidders must accept unconditionally the User Portal Agreement online in order to
become an eligible bidder. This will be a part of agreement and No conditional tender
bid shall be accepted.
Note: Joint Venture/consortium: Two or three companies/contractors may participate in
the tender as Joint Venture/consortium. However, the Joint Venture/consortium
has to enroll as a separate bidder in its own name & style in the e-tendering
Portal of Bharat Coking Coal Limited https://bccl.eproc.in. Joint Venture/
consortium must comply with following alongwith the requirements as at point no.
2.2 of Instruction to Bidders. The format for Joint Venture/consortium Agreement
is enclosed as Annexure N:
5.1 The minimum qualification requirements for Joint Venture/consortium: The
qualifying criteria parameters e.g. experience, financial resources etc of the
individual partners of the J.V. will be added together and the total criteria
should not be less than as spelt out in qualification criteria
5.2
The
formation
of
Joint
Venture/consortium
3
or
change
in
the
Joint
Venture/consortium character / partners after submission of the bid and any
change in the bidding regarding Joint Venture/consortium will not be permitted.
5.3 Joint Venture/consortium Agreement should legally bind all partners jointly and
severally.
5.4. The pre-qualification of a Joint Venture/consortium does not necessarily prequalify any of its partners individually or as a partner in any other joint venture or
association. In case of dissolution of a joint venture, each one of the constituent
firms may pre-qualify if they meet all the pre- qualification requirements, subject to
written approval of the employer.
5.5. The Joint Venture/consortium Agreement must include the relationship between
Joint Venture/consortium partners in the form of Joint Venture/consortium
Agreement to legally bind all partners jointly and severally for the proposed
agreement which should set out the principles for the constitution, operation,
responsibilities regarding work and financial arrangements, participation
(percentage share in the total) and liabilities (joint and several) in respect of each
and all of the firms in the Joint Venture/consortium. Such Joint Venture/consortium
Agreement must evidence the commitment of the parties to bid for the facilities
applied for (if pre- qualified) and to execute the contract for the facilities if their
bid is successful.
5.6. One of the partners responsible for performing a key component of the contract
shall be designated as Lead Partner. This authorization shall be evidenced
by a Power of Attorney signed by legally authorized signatories of all the partners.
5.7. The Joint Venture/consortium Agreement must provide that the Lead Partner
shall be authorized to incur liabilities and receive instructions for and on behalf
of any and all partners of the Joint Venture and the entire execution of the
contract shall be done with active participation of the Lead Partner.
5.8. The contract agreement should be signed jointly by each Joint Venture/consortium
Partners.
a. An entity can be a partner in only one Joint Venture/ consortium. Bid
submitted by Joint Venture/consortium including the same entity as partner will
be rejected.
5.9. The Joint Venture/consortium agreement may specify the share of each
individual partner for the purpose of execution of this contract. This is required
only for the sole purpose of apportioning the value of the contract to that extent
to individual partner for subsequent submission in other bids if he intends
to do so for the purpose of the qualification in that tender.
6. Eligibility Criteria:
A. Work Experience:i) The bidder must have in its name or proportionate share as a member of Joint
Venture/consortium, experience of having successfully executed [includes
completed / ongoing) works of similar nature (such as Excavation and
transportation of soil/overburden/shale/minerals etc. by mechanized means or
extraction of coal by mechanized means/crushing of coal or any other
minerals by crusher etc. by mechanical means valuing either 65% of the
annualised estimated cost of the work put to tender ( for period of completion
over 1 year) or 65% of the estimated cost of work put to tender ( for period of
completion up to 1 year), in any year (a ‘year’ in this context is a continuous
period of 365 days starting at any date of the year) during last 7(seven) years
ending last day of month previous to the one in which bid applications are
invited.
“Annualized Estimated Cost” of the work shall be calculated as the
“(Estimated Cost /Period of completion in days) x 365”.
Cost of previous executed works shall be given a simple weightage of 5% per
4
year to bring them at current price level. The year can be considered as suitable
consecutive 365 days till the last day of month previous to one in which Bid has
been invited. Updation will be considered for full or part of the year considering
365 days in a year till the last day of month previous to the one in which bid has
been invited.
Note:
1. Sub-contractors experience and resources will not be taken into account in
determining the bidder’s compliance with eligibility criteria.
2. In case the bidder is a Joint Venture/consortium, the above information in
respect of each individual partner of Joint Venture/consortium may be
furnished and the experience of Joint Venture/consortium will be assessed
by adding the information furnished by the bidder.
3. In case the bidder is a Joint Venture/consortium, the work experience of any
or all of the individual partners of Joint Venture/consortium may be furnished
to evaluate the work experience of the bidder. In case of Joint
Venture/consortium, if work experiences of all the partners are not submitted
the system will not disqualify the Joint Venture/consortium and instead shall
consider assuming a value of zero for partner/partners who has/have not
submitted the experience value.
In respect of the above eligibility criteria the bidders are required to furnish
the following information online in the specified format available on
https://bccl.eproc.in:
i. Reference of Work Order/ Agreement Number and date
ii. Name of similar nature of work executed (as shown in the work order)
iii. Reference of experience certificate number and date.
iv. Name of employer / client
v. Name/Designation of authority issuing experience certificate
vi. Work experience start date (dd/mm/yyyy)
vii. Work experience end date (dd/mm/yyyy)
viii. Percentage (%) share of each experience (100% in case of an
individual/proprietorship firm or an entity registered as company under the
Companies Act, 1956 or a partner in a partnership firm and the actual percent
of share in case of a Joint Venture/consortium)
ix. Value of work done (in Rupees)
B. Working Capital:
The bidder must have in its name a minimum working capital of either 20% of the
“Aannualized estimated cost of the work put to tender (for period of completion
over 1 year) or 20% of the estimated cost of work put to tender (for period of
completion up to 1 year). A ‘year’ in this context is a continuous period of 365
days starting at any date of the year.
The bidders may fulfill above eligibility criteria in any of following ways:
1. Fund based clear lines of credit from Scheduled Bank (Banker’s Certificate).
or
2. Average of working capital of three immediate preceding financial years from
the date of NIT duly certified by registered Chartered Accountant based on
audited balance sheet.
Or
3. Fund based clear lines of credit from any Schedule Bank along with availability
5
of average of working capital of three immediate preceding financial years from
the date of NIT duly certified by registered Chartered Accountant based on
audited balance sheet.
Note:
1. Certificate issued by Scheduled Bank for fund based clear lines of credit, shall
be issued within 90 days prior to date of NIT. The banker’s certificate must
bear issue date, name, designation and ID code of issuing authority.
2. Certificate of registered Chartered Accountant towards average of working
capital of three immediate preceding financial years from the date of NIT based
on audited balance sheet shall be issued within 90 days prior to date of NIT.
The certificate issued by the Chartered Accountant, signed and dated, must
bear registration no. of the Chartered Accountant.
3. In case the bidder is a Joint Venture/consortium, the above information in
respect of each individual partner of Joint Venture/consortium may be
furnished and the working capital of all partners will be added by the system
to calculate the Working Capital of the bidder.
In respect of the above eligibility criteria the bidders are required to furnish the
following information online in the specified format available on https:bccl.eproc.in:
1. For Banker’s Certificate (from scheduled bank):
i. Name of Bank
ii. IFSC Code
iii. Date of Banker’s Certificate (dd/mm/yyyy)
iv. Amount of fund based clear lines of credit (in Rupees)
2. For Chartered Accountant certificate
i. Registration number of Chartered Accountant
ii. Name of Chartered Accountant
iii. Date of Chartered Accountant certificate
iv. Average of Working Capital (of three immediate preceding financial years
from the date of NIT) (in Rupees)
3. For Banker’s certificate (from scheduled bank )along with Chartered Accountant
certificate
i.
All the information as mentioned in 1 and 2 above.
C. Fleet/Equipments Requirement:
The Fleet / Equipment requirement is indicated as below:
Type of Fleet/
Minimum Capacity required Minimum equivalent capacity
equipments
for each fleet/equipment
required to be deployed daily
for execution of the work.
Hydraulic Shovel 2.45 cum bucket capacity
17.15 cum bucket capacity
for coal
5.00 cum bucket capacity
50.00 cum bucket capacity
for OB
Dumpers
25 Te/31Te for coal
750 Te
Dozer
Drill
Grader
Water Sprinkler
Payloader (for
wagon loading)
Portable crusher
60 Te for OB
Power 320 HP
Dia. 150 mm
Power 145 HP
12 Kilo Litre
2.5cum to 3.0cum bucket
capacity
400 TPH
6
2340 Te
Power 4800 HP
Dia. 2250 mm
Power 725 HP
60 Kilo Litre
52.5 cum to 63.0 cum bucket
capacity
1600 TPH
In respect of the above eligibility criteria the bidders are required to submit an
undertaking in the form of an affidavit in the prescribed format given in AnnexureB of tender document to deploy matching equipments as per NIT either owned or
hired. The original affidavit must be deposited in the office of GM (CMC), HEMM &
others, Contract Management Cell, Level –V, Koyla Bhawan, BCCL, Dhanbad,
PIN-826005. A scanned copy of the affidavit must be uploaded during submission
of bid.
Note: Dewatering of some stagnant water in V/VI/VII/VIII seams working,
strata seepage water, pumping of normal mine water during working of the
OC patch and expected rain water is to be carried out by the contractor.
D. Permanent Account Number (PAN):
The bidder should possess Permanent Account Number (PAN) Issued by
Income Tax department, Govt. of India.
In respect of the above eligibility criteria the bidders are required to furnish the
following information online:i. Permanent Account Number (PAN).
ii. In case Joint Venture/consortium, Permanent Account Number (PAN) of all the
partners or Joint Venture/consortium itself.
E. Certificate of registration with provident fund authorities:
The bidder should posses a certificate of registration issued by provident fund
authorities.
In respect of the above eligibility criteria the bidder has to confirm online that
they possess the certificate of registration issued by provident fund authorities.
Note: In case of Joint Venture/consortium all the partners of Joint
Venture/consortium or Joint Venture/consortium itself must possess a certificate
of registration issued by provident fund authorities.
F. Certificate of registration with Service tax department (PAN based):
The bidder should posses a certificate of registration issued by service tax
department.
In respect of the above eligibility criteria the bidders are required to furnish online the PAN based Service Tax Registration Number.
Note: In case Joint Venture/consortium, PAN based Service Tax Number all the
partner or Joint Venture/consortium itself should have PAN based Service Tax
Registration Number .
G. User portal agreement:
The bidders must accept unconditionally the User Portal Agreement online. The
format of User portal agreement is at Annexure-L of tender document. This will
be a part of agreement and no conditional tender bid shall be accepted.
H. Integrity Pact:
The bidders must accept the Integrity Pact online. The format of Integrity Pact is
at Annexure-H of tender document.
Note: There must not be any discrepancy between the online submitted
information and uploaded scanned copy of the documents and the documents
submitted by the Bidders in the office of GM (CMC), HEMM & others, Contract
Management Cell, Level-V, Koyla Bhawan, BCCL Dhanbad - 826 005.
7
7. Documents to be submitted by the Bidder(s):
A. DOCUMENTS TO BE SUBMITTED BY ALL THE BIDDERS IN PERSON AT THE
BELOW MENTIONED ADDRESS AND THE SCANNED COPY TO BE
UPLOADED AT https://bccl.eproc.in DURING BID SUBMISSION:
Following documents must be submitted by all the bidders in person on any
working day up to the last date and time specified in point no 10 of clause no. 2
(Time schedule of e-tender) of NIT in a single sealed envelope super scribed with
name of work, NIT No. and date, full name, address and telephone no’s of the
bidder addressing to General Manager (CMC) HEMM & others at following
address and the scanned copy to be uploaded at https://bccl.eproc.in during bid
submission :
Address: Office of the General Manager (CMC) HEMM & Others, Contract
Management Cell, Level- V, Koyla Bhawan, Koyla Nagar, Dhanbad
– 826005, Jharkhand.
Submission
of
Sl.
Documents related
No.
to Eligibility Criteria
1
2
3
4
Documents to be submitted in person and
scanned copy to be uploaded at
https://bccl.eproc.in during bid submission
The original DD/Certified Cheque/BG against EMD
Earnest
Money
must be receipt in the office of tender inviting
Deposit
authority in accordance with clause no 3 of NIT.
(Ref. Clause No. 3 of
Proof of deposition of EMD if deposited through
NIT)
RTGS (subject to availability)
Legal Status of the
Any one of the following document:
Bidder
1. Affidavit or any other document to prove
proprietorship/ Individual status of the bidder.
2. Partnership deed containing name of partners
3. Memorandum & Article of Association with
certificate of incorporation containing name of
bidder
4. In case of Joint Venture/consortium:
a. Details of all partners as at 1/2/3 (as
applicable)above
b. Joint Venture/consortium agreement fulfilling
NIT conditions in original (Annexure-N).
(Bidder must sign all the above documents with
seal before its submission)
Contractor's Bid and Acceptance of Bid Conditions
Contractor's Bid and on bidder’s letter head as per Performa given at
Acceptance of Bid
Annexure-A of the bid document.
Conditions
In case of Joint Venture/consortium, the above
document is to be signed by all partners
An affidavit on a non-judicial stamp paper of
minimum value of Rs.10/- confirming acceptance to
deploy matching equipment/ Shovel/tippers/
Availability of Fleet/
Drill/Grader/pay loaders/ Electrically operated
Equipments
Mobile crusher with spreader etc. as per NIT
(Ref. Clause No. 6 C
requirement either owned or hired as per Performa
of NIT)
given in the bid document at Annexure-B.
In case of Joint Venture/consortium, affidavit shall
be signed by all the partners.
8
Sl. Submission
of
No. Documents related to
Eligibility Criteria
Affidavit for commitment,
genuineness of the
information furnished and
5
authenticity of documents
furnished during bidding
process.
Power of Attorney of
6
signatory of the bid
The bidders should submit
MANDATE FORM for ePayment along with EMD,
7 as per the format given in
the bid document at
ANNEXURE- D as a
requirement of the tender.
Documents to be submitted in person and
scanned copy to be uploaded at
https://bccl.eproc.in during bid submission
An undertaking is to be given in the form of
Affidavit on a non-judicial stamp paper of minimum
value of Rs.10/- as per Performa given in the bid
document at Annexure-C.
In case of Joint Venture/consortium, affidavit shall
be signed by all the partners.
Power of Attorney of signatory of the bid on a nonjudicial stamp paper of minimum value of Rs.10/Filled up Proforma for electronic mode payment in
original duly certified by bidder’s banker with ID
number of authorized signatory of banker as per
the format given in the bid document at Annexure- D
as a requirement of the tender.
Note: There must not be any discrepancy between the online submitted
information and uploaded scanned copy of the documents and the
documents submitted by the Bidders in the office of GM (CMC) HEMM &
others.
B. DOCUMENTS TO BE SUBMITTED BY THE L-1 BIDDER IN PERSON AT THE
BELOW MENTIONED ADDRESS AND THE SCANNED COPY TO BE
UPLOADED AT https://bccl.eproc.in :
Following documents must be submitted by the L-1 bidder in person on any working
day within 5 days of completion of Reverse Auction in a single sealed envelope
super scribed with name of work, NIT No. and date, full name, address and
telephone no’s of the bidder addressing to General Manager (CMC) HEMM &
others at following address and the scanned copy to be uploaded at
https://bccl.eproc.in during bid submission:
Address: Office of the General Manager (CMC) HEMM & Others, Contract
Management Cell, Level- V, Koyla Bhawan, Koyla Nagar, Dhanbad –
826005, Jharkhand.
Note: The documents related to the furnished online information, based
on which the auto evaluation takes place will only be considered. If the
bidder submit or uploads any other document, it will be given no
cognizance.
Sl Submission
of
No. Documents related
to Eligibility Criteria
1
Work Experience
(Ref. Clause No. 6 A
of NIT)
Documents (self-certified) to be submitted by L-1
bidder in person and scanned copy to be uploaded
at https://bccl.eproc.in
i) Satisfactory Work Experience Certificate for similar
nature of work in support of the information as
furnished by the bidder online.
ii) Work order(s) in support of point no (i) above.
iii) TDS Certificate(s) (only when clarification is sought)
In case of Joint Venture/consortium, above documents
of partner(s)
9
Sl
No.
2
3
4
5
6
Submission
of
Documents related
to
Eligibility
Criteria
Documents (self-certified) to be submitted by L-1
bidder in person and scanned copy to be uploaded
at https://bccl.eproc.in
1. Certificate of Availability of Fund based clear lines of
credit in favour of the bidder, from Scheduled Bank,
containing all the information furnished by bidder online.
or
2. Certificate of registered Chartered Accountant
towards Average of working capital of three
immediate preceding financial years from the date of
NIT based on audited balance sheet containing all
the information furnished by bidder on- line.
The Availability of or
Working Capital
3. Certificate of Availability of Fund based clear lines of
(Ref. Clause No. 6 B
credit in favour of the bidder, from Scheduled Bank,
of NIT)
containing all the information furnished by bidder
on- line along with Certificate of registered
Chartered Accountant towards Average of working
capital of three immediate preceding financial years
from the date of NIT based on audited balance sheet
containing all the information furnished by bidder
on- line.
In case of Joint Venture/consortium, above documents
of partner(s)
Copy of PAN card issued by Income Tax department,
Govt. of India.
In case of Joint Venture/consortium, Copy of PAN
Card of all the partners or Joint Venture/consortium
itself.
Certificate of registration issued by Provident
authorities of bidder
Valid Permanent
Account Number
(PAN)
(Ref. Clause No. 6
D of NIT)
Certificate of
registration with
provident fund
authorities
In case of Joint Venture/consortium, copy of certificate
(Ref. Clause No. 6 E of registration issued by Provident authorities of all
of NIT)
partners or Joint Venture/consortium itself.
Certificate of
Certificate of registration issued by Service tax
registration with
department in favour of bidder. In case of Joint
Service tax
Venture/consortium, copy of certificate of registration
department (PAN
issued by Service tax department of all partners or
based)
Joint Venture/consortium itself.
(Ref. Clause No. 6 F
of NIT)
Any other document to support the qualification information as submitted by
the bidder online.
8. General Instruction for Submission of Bid:
(i) All the bids are to be submitted online in the e-tendering portal of Bharat Coking
Coal Limited https://bccl.eproc.in. No bid shall be accepted offline.
10
(ii) The bidder shall refer the download section of home page of e- tendering portal
https://bccl.eproc.in for online registration and online bidding and may further seek
assistance from the help desk team (details are available in the portal)
(iii) The bidder should register in the in the e-tendering portal of Bharat Coking Coal
Limited https://bccl.eproc.in with Digital Signature Certificate (DSC) of minimum
class-II type (with signing & encryption certificate) issued from any agency
authorized by Controller of Certifying Authority (CCA), Govt. of India which can be
traced up to the chain of trust to the root certificate of CCA. The Joint
Venture/consortium has to enroll as a separate bidder in its own name and style.
(iv) The bidders must accept unconditionally the User Portal Agreement and
Integrity Pact online.
(v) The information will be provided by the bidder by filling up relevant data in the
subsequent steps during online bid submission.
(vi) It is the bidder’s responsibility to comply with the system requirement i.e. hardware,
software and internet connectivity at bidder’s premises to access the e-Tender
website. Under any circumstances, BCCL shall not be liable to the bidders for any
direct/indirect loss or damages incurred by them arising out of incorrect use of the
e-Tender system or internet connectivity failures.
(vii)
Price Bid is to be submitted by the bidder on-line.
9. BID OPENING:
i) After receipt of “EMD” as stated in clause 3 & 7A of NIT and other documents as
stated in clause 7 A of NIT and on acceptance of these documents in accordance
with the requirement of NIT, the Part-I bid will be decrypted and opened online, on
the scheduled date and after the pre-scheduled time by the Bid Openers. Thereafter,
the Part-I bid shall be evaluated by the system based on the information furnished by
bidders on-line in accordance with clauses 6 & 7 of NIT.
ii)
The Price-bid of the bidders qualified in Part-I (Techno-commercial) bid will only be
decrypted and opened online, on the scheduled date and after the pre-scheduled
time by the Bid Openers. The bidder will have to quote rate against all the tendered
items online, and bid value of each bidder will be determined automatically by the
system.
iii) The bidder will get the updated status/ information/ instructions online only. It will be
the bidder’s responsibility to check the updated status/information/instructions. No
separate communication will be required in this regard.
iv) After opening of price bid the system will evaluate each bid by multiplying the
quantity with the unit rate quoted for the respective items. The overall quoted lowest
price along with the details of rate and amount of each item will be displayed by the
system without disclosing the name of the bidder during Reverse Auction. The date
of Reverse Auction will be communicated to the bidders.
v)
Reverse auction will be carried out as per the terms and conditions of AnnexureM. The bidder must comply with the requirements of Annexure-M.
vi) Eligible Bidders will be given a Business Rule Document (BRD) which will be
comprised of following points:
a) Business Rules for Reverse Auction
b) Terms & Conditions of Reverse Auction
c) Item Description (Form-I)
d) Process Compliance Statement (Form-II)
e) Price bid Breakup (Form-III)
f) Contact Information
11
vii) Bidders have to email/Fax a scanned copy of the Process Compliance Form
(Form II of Annexure-M) in the prescribed format. Without this form, the Bidder
will not be eligible to participate in the event.
viii) The lowest bidder has to email a scanned copy of the duly signed filled-in
prescribed format for Price Bid Breakup (Form - III of Annexure-M) to service
provider within 2 Hours of the conclusion of the Auction. Any variation between
the on-line bid value and signed document will be considered as sabotaging the
auction process and will invite disqualification of vender to conduct business with
BHARAT COKING COAL LIMITED as per prevailing procedure.
ix) By default 11.00 hrs. of the scheduled date of Reverse Auction will be the start
time of Reverse Auction. The Reverse Auction will remain open for 4 hours i.e.
from 11.00 hrs. to 15.00 hrs. on the scheduled date. However, the bidding time
will go on extending automatically after 15 00 hrs. in the slab of 30 minutes each
from latest bid time ,if the latest response in the bidding is submitted within last
30 minutes of scheduled extended closing time of bidding. The reverse auction
will be paused on 18.00 hours for the first day. The Reverse Auction will again be
continued on the 2nd day from 11.00 hrs. as per the norms followed after 15.00
hrs. on the first day of the Reverse Auction. The process of Reverse Auction will
finally stop sharp at 18.00 hrs. on the 2nd day.
The Reverse Auction will also stop in case the particular bid remains unresponded for continuous 30 minutes time between 15.00 hrs. to 18.00 hrs.
in the 1st day and 11.00 hrs. to 18.00 hrs. in the 2nd day.
x)
The rate and price shown after opening of tender (vide point no. iv above) will be
the base rate/price for start of the Reverse Auction.
System will not accept price higher than the base price in Reverse Auction. Only
the tenderers declared qualified by the system for this tender shall be eligible for
participation in Reverse Auction process.
xi) The participating bidders will be given option to reduce their rates in the Reverse
Auction below the base price. However, any reduction less than the followings in
overall quoted price of the work will not be accepted by the system:
SLAB FOR REVERSE AUCTION
Estimated Value of
Minimum reduction in overall Quoted
Tender
Price in Reverse Auction
Rs. 1694,84,38,224/Rs 2,00,000,00/An amount equal to or exceeding the above shall only be accepted by the
system. Also the system will not accept the rate/amount higher than the base
price and the system will not accept same overall amounts for two or more
bidders in the Reverse Auction.
xii) The Service provider of e-Tendering will take all necessary steps to ensure
smooth and uninterrupted functioning of system at their end. Bidders are advised
to ensure stable connectivity at their end. Service provider or BCCL will not be
responsible for any disruption of connectivity or any failure at bidders end.
xiii) Manual extension of bidding time will not be allowed at the request of bidder. In
case there is any technological or system failure at service provider’s end the
bidding will be paused and it will get extended for the period, the system
remained down.
xiv) After completion of reverse bidding on line, the L-1 bidder emerged out of reverse
bidding process will have to produce the documents as per clause 7 (B).
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10. In case the L-1 bidder fails to produce the original documents as stated above within
the specified period of five days after the date of Reverse Auction or if any of the
information furnished by L-1 bidder on-line/off line is found to be false, then following
actions will be taken:
a. Cancellation of bid/contract of the bidder
and
b. Forfeiture of EMD/Performance Security of the bidder
and
c. Banning/delisting of our firm and all partners/directors/proprietor of the firm for a
minimum period of 12 months.
11. Bid Validity:
Bid shall remain valid for a period for 120 days from the date of opening of Part- I bid. A
bid valid for a shorter period shall be rejected by the Employer.
12. 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. No
withdrawal/modification is allowed after end date and time of bid submission.
13. The Company reserves the right to postpone the date of receipt and opening of
tenders or to cancel the tenders without assigning any reason whatsoever.
14. This Tender Notice shall be deemed to be part of the Contract Agreement.
15. The Company does not bind itself to accept the lowest bid and reserves the right to
reject any or all the bid without assigning any reasons whatsoever and to split up
the work between two or more tenderers or accept the tender in part and not in its
entirety, at its sole discretion.
16. Any corrigendum/date extension etc in respect of this tender shall be issued on etendering portal of BCCL https://bccl.eproc.in only. No separate notification shall be
issued in the press. Bidders are therefore requested to visit said portal regularly to
keep them updated.
17. Canvassing in connection with the tenders in any shape or form is strictly
prohibited and tenders submitted by such Bidders who resort to canvassing shall be
liable for rejection.
18. The tenderer shall have to ensure implementation of CMPF/EPF, as applicable, in
respect of the workers deployed by him.
19. Matters relating to any dispute or difference arising out of this tender and
subsequent contract awarded based on this tender shall be subject to the
jurisdiction of District Court, Dhanbad.
20. Integrity Pact:
The bidders must accept the Integrity Pact online. The format of Integrity Pact is at
Annexure-H of tender document.
Name & address of the Independent External Monitors: Prof (Dr.) L. C. Singhi, IAS
(Retd), L-31, Third Floor, Kailash Colony, New delhi-110048.
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21. Pre-Bid Meeting :
Pre-bid meeting will be held on 02.04.2015 at 11.00 hrs in the office of General
Manager (CMC) HEMM & Others, Contract Management Cell, Level- V, Koyla
Bhawan, Koyla Nagar, Dhanbad – 826005, Jharkhand. However, pre-bid meeting will
only be for clarifications and no change/deviation in NIT will be permitted.
22. Service provider
Service provider for this tender will be M/s C1 India Pvt. Ltd.
Registered Office at:
Help Desk at BCCL (On working day at working hours)
C-104, Sector-2 Noida, Contact Person: Ujjal Mitra
U.P-201301, India
Level 6, Koyla Bhawan, Koyla Nagar, BCCL, DhanbadFax: 0120-4746810
826005
Help Line at BCCL
Contact Person: Mr. Ujjal Mitra
Client Relationship Manager
Mobile no. 8986678058
e-mail: [email protected]
OUR AIM – QUALITY COAL TO CONSUMERS
-sdGM (CMC), HEMM & others
BCCL
D I S T R I B U T I O N:
1. Prof (Dr.) L. C. Singhi, IAS (Retd), L-31, Third Floor, Kailash Colony, New delhi110048
2. PRO – With a request to publish the abridged NIT as enclosed in local as well
as National dailies as per norms of the Company and also arrange to send the
paper cutting to the Contract Management Cell.
3. D(T)OP / D(T)P&P / D(F) / D(P) / CVO.
4. GM(Co-ordn) / GM(S&M) / GM(F)I/C / GM(M&M) / CGM(E&M) / GM(Excv) / GM(P&P) /
GM(IE)
5. GM (System) – With a request to arrange for upload this NIT and Tender document
in NIC portal as per requirement in full. The downloading facilities of NIT and
Tender document should be available during downloading period. Soft copy
enclosed.
6. Sri R.K. Choubey, Sr.DEO, CMC Deptt. - to display this Notice in BCCL Website
(soft copy of the same is enclosed for needful).
7. Sr.ES to CMD - for kind information of CMD.
8. HOD (Admn) with a request to display this Notice in Koyla Bhawan Notice Boards.
9. All CGMs/GMs of the Areas including Washery Zones for wide circulation through
display in the Notice Boards.
10. GM (Production), CIL, Kolkata.
11. Kolkata offices of all Subsidiaries.
12. CGM / GM(Contract Management Cell),WCL/SECL/NCL/MCL/ECL/CCL.
13. C1 India Help Desk, Level-6, Koyla Bhawan
GM (CMC), HEMM & others
BCCL
14
INSTRUCTIONS TO BIDDERS
1. SCOPE OF BIDDER
1.1 The Bharat Coking Coal Limited (referred to as Employer in these documents) invites
bids for the works as mentioned in the Bid Notice. The Bidders should submit Bids for all
the works mentioned in the Notice.
1.2 The successful Bidder will be expected to complete the Work(s) by the Intended
Completion period specified in the Bid document/Notice.
2. ELIGIBLE BIDDERS
2.1 The Invitation for Bid is open to all Bidders including an individual, proprietorship firm,
partnership firm, company registered under Companies Act or Joint Venture/consortium.
The bidders shall be eligible to participate only if they fulfill the qualifying/eligibility criteria
specified in e-tender Notice.
2.2 Joint Venture/consortium: Two or three companies/ contractors may jointly undertake
contract/contracts. Each entity will be jointly and severally responsible for completing the
task as per the contract.
Joint Venture / Consortium details:
Name of all partners of a joint venture / Consortium (not more than 3):
1. Lead partner
2. Partner
3. Partner
Joint Venture /Consortium must comply the following requirements:
i) The qualifying criteria parameter e.g. experience, financial resources (of the relevant period)
and the equipment/fleet strength of the individual partners of the Joint Venture/consortium
will be added together and the total criteria should not be less than as spelt out in
qualifying/eligibility criteria as specified in e-tender Notice.
ii) The formation of joint venture / Consortium or change in the Joint Venture /Consortium
character/ partners after submission of the bid and any change in the bidding regarding
Joint Venture /Consortium will not be permitted.
iii) The bid, and in case of a successful bid - the agreement, shall be signed so as to legally
bind all partners jointly and severally and any bid shall be submitted with a copy of the
Joint Venture /Consortium Agreement providing the joint and several liabilities with respect
to the contract.
iv) The pre-qualification of a Joint Venture /Consortium does not necessarily pre-qualify any of
its partners individually or as a partner in any other Joint Venture /Consortium or
association. In case of dissolution of a Joint Venture /Consortium, each one of the
constituent firms may pre-qualify if they meet all the pre-qualification requirements, subject
to written approval of the employer.
v) The bid submission must include documentary evidence to the relationship between Joint
Venture /Consortium partners in the form of JV / Consortium Agreement to legally bind all
partners jointly and severally for the proposed agreement which should set out the
principles for the constitution, operation, responsibilities regarding work and financial
arrangements, participation (percentage share in the total) and liabilities ( joint and several
) in respect of each and all of the firms in the Joint Venture /Consortium. Such JV /
Consortium Agreement must evidence the commitment of the parties to bid for the
facilities applied for (if pre-qualified) and to execute the contract for the facilities if their bid
is successful.
vi) One of the partners shall be nominated as ‘In-charge’ of the contract and shall be
designated as Lead Partner. This authorization shall be evidenced by submitting with the
bid a Power of Attorney signed by legally authorized signatories of all the partners.
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15
vii) The JV / Consortium Agreement must provide that the Lead Partner shall be authorized to
incur liabilities and receive instructions for and on behalf of any and all partners of the
Joint Venture /Consortium and the entire execution of the contract shall be done with
active participation of the Lead Partner.
viii) The contract agreement should be signed by each Joint Venture /Consortium Partners.
Subsequent declarations/letters/documents shall be signed by lead partner authorized to
sign on behalf of the JV/Consortium or authorized signatory on behalf of JV/Consortium.
ix) The bid should be signed by all the partners of the Joint Venture/Consortium.
x) An entity can be a partner in only one Joint Venture /Consortium. Bid submitted by Joint
Venture /Consortiums including the same entity as partner will be rejected.
xi) The JV / Consortium agreement may specify the share of each individual partner for the
purpose of execution of this contract. This is required only for the sole purpose of
apportioning the value of the contract to that extent to individual partner for subsequent
submission in other bids if he intends to do so for the purpose of the qualification in that
Bid.
xii) The earnest money / bids security bank guarantee must be submitted by the Joint Venture
/Consortium.
xiii) The JV / Consortium agreement must specifically state that it is valid for the project for
which bidding is done. If JV/Consortium breaks up midway before award of work and
during bid validity period bid will be rejected.
If JV / Consortium breaks up midway before award of work and during bid validity/after
award of work/during pendency of contract, in addition to normal penalties as per provision
of bid document, all the partners of the JV/Consortium shall be debarred from participating
in future bids for a minimum period of 12 months.
xiv) JV / Consortium agreement shall be registered in accordance with law so as to be legally
valid and binding on the members before making any payment.
xv) JV / Consortium shall open a bank account in the name of JV / Consortium and all
payments due to the JV / Consortium shall be credited by employer to that account only.
To facilitate statutory deductions all statutory documents like PAN/TIN etc shall be
submitted by JV / Consortium before making any payment.
2.3 the bidders shall have 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.
2.4 The bidders have to accept unconditionally the online user portal agreement which
contains the acceptance of all the Terms and Conditions of NIT and ITB, including General
and Special Terms & Conditions, technical specifications, 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.
2.5 The Company reserves its right to allow Public Enterprises purchase preference facility as
admissible under prevailing policy.
2.6 No sub-letting of the work as a whole by the contractor is permissible. Prior permission is
required to be taken from the principle employer for engagement of sub-contractors in
“Hiring Of Equipment”/ ”Transport” contract for part work / piece rated work.
3. QUALIFICATION OF THE BIDDER
3.1 In the event that pre-qualification of potential bidders has been undertaken, only bids from
pre-qualified bidders will be considered for award of contract.
3.2 If the employer has not undertaken pre-qualification of potential bidders, all bidders shall
fulfill the eligibility / qualifying criteria as detailed at clause 6 & 7 of e-tender Notice. Such
details shall be submitted as deliberated at e-tender Notice.
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3.3 If the bidder is 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.
3.4 Even though the bidders meet the above eligibility/qualifying criteria, they are subject to
be disqualified if they have:
a. made misleading or false representations in the forms, statements and attachments
submitted in proof of the qualification requirements;
Note: The documents to be furnished by the bidder to prove that he is satisfying the
qualification criteria laid down should all be in the bidders name except in cases where
though the name has changed, owners continued to remain the same and in cases of
amalgamation of entities and when a holding company relies on credential of its wholly
owned subsidiary.
4. ONE BID PER BIDDER
4.1 Each Bidder or any of its partner/Director/proprietor shall submit only one Bid, either
individually, or as a partner in a partnership firm or a partner in a Joint Venture/Consortium
or a Public Ltd./ Private Ltd. company. A Bidder or any of its partner/Director/proprietor
who submits or participates in more than one Bid (other than as a subcontractor or in
cases of alternatives that have been permitted or requested) will cause all the proposals
with the Bidder's or any of its partner/Director/proprietor participation to be disqualified.
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, go through the mine plans / drawings /
bore hole details 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 It shall be deemed that the Bidder has got himself acquainted with the mining conditions
(such as pumping, dewatering, fire fighting etc.) and geological details available for the
proposed work site.
Note: Dewatering of stagnant water in belowground working (100 million gallons
(approx.)), pumping of normal mine water during working of the OC patch and
expected rain water is to be carried out by the contractor.
7. CONTENT OF BIDDING DOCUMENTS
7.1 The set of bidding documents comprises the documents listed in below
i) e-Tender Notice,
ii) Instructions to Bidders,
iii) Conditions of Contract (General Terms & Conditions, Special Terms and conditions,
special notes and additional terms & conditions, Vocational training and safety norms
etc.),
iv) Integrity Pact,
v) Various Forms of Securities, Affidavits, form of Article of Agreement,
vi) Bill of Quantities,
vii) e-Tender User Portal Agreement.
viii) Corrigendum, if any, issued in accordance with clause 9.
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8. CLARIFICATION OF BIDDING DOCUMENTS
8.1 A prospective bidder requiring any interpretation or clarification of bidding document may
seek clarification online or during pre-bid meeting (if any). The clarifications may be asked
from the next day of e-Publication of NIT. The last date for seeking clarification will be up
to 10 (Ten) days before the last date of submission of bid and the last date of giving
clarification by the user department online will be up to 5 (Five) days before the last date of
submission of bid. The department will clarify as far as possible only relevant queries. The
clarifications given by department will be visible to all the bidders intending to participate in
bid.
9. AMENDMENT OF BIDDING DOCUMENTS
9.1 Before the deadline for submission of Bids, the Employer may modify the bidding
documents by issuing addenda.
9.2 Any addendum thus issued shall be a part of the bidding document and shall be displayed
in the website. The bidder shall upload the same during bid submission.
9.3 To give prospective Bidders reasonable time in which to take an addendum into account
in preparing their Bids, the Employer shall extend, as necessary, the deadline for
submission of Bids, in accordance with Sub clause
15.2 Below.
This provision will be applicable for specialized tenders and High value hiring works
exceeding Rs.500 Crores at the discretion of BCCL management.
10. LANGUAGE OF BID
10.1 All documents relating to the Bid shall be in the English language.
11. BID PRICES
11.1 The bidder shall closely study specification in detail and scope of work which govern the
rates for which he is quoting. The Bidders shall offer for the whole Works as described in
Sub-Clause 1.1, based on the Bill of Quantities. Based on priced bill of quantities
submitted by the Bidder, the Employer reserves the right to allot whole or part of the work
at their discretion and no claims, whatsoever, shall be entertained in this regard.
11.2 The price bid is to be submitted by the bidder online.
11.3 All duties, taxes (excluding Service Tax only) and other levies payable by the 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.
All investments, operating expenses, incidentals, overheads, leads, lifts, carriages etc. as
may be attendant upon execution and completion of works shall also be included in the
rates, prices and total Bid price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of submission
of Bid and/or any increase over the rate existing on the last date of submission of Bid shall
be reimbursed by the company on production of documentary evidence in support of
payment actually made to the concerned authorities.
Similarly if there is any decrease in such duties, taxes and levies the same shall become
recoverable from the contractor. The details of such duties, taxes and other levies along
with rates shall be declared by the bidder in the Price bid.
11.4 The item wise rate quoted shall be exclusive of service tax. Service tax will be paid extra,
if payable. Payment of service tax by the service availer (i.e. BCCL), to the service
provider would be made only on the latter submitting a Bill/Invoice in accordance with the
provision of relevant service tax rules. CENVAT credit is to be availed by paying authority
as per rule. Payment/deposit of service tax is the responsibility of the service provider.
11.5 The rates and prices quoted by the Bidder shall be fixed for the duration of the contract
and shall not be subject to variations on any account except to the extent variations
allowed as per the conditions of the contract of the bidding document.
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12. CURRENCIES OF BID AND PAYMENT
12.1 The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees.
13. BID VALIDITY
13.1 Bid shall remain valid for a period for 120 days from the date of opening of Part- I bid. A
bid valid for a shorter period shall be rejected by the Employer.
13.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidder(s) extend the period of validity for a specified additional period. The
request and the bidder's response shall be in writing. A bidder may refuse the request
without forfeiting his bid security. A bidder agreeing to the request will not be required or
permitted to modify his bid but will be required to extend the validity of his bid security for
the period of extension, and in compliance with Clause 14 in all respects.
14. BID SECURITY/EARNEST MONEY DEPOSIT
14.1 The bidder shall furnish, as part of his bid, a Bid Security/Earnest Money of the amount
as shown in e-tender notice an in the form as deliberated at Cl.3 of e-tender notice. In
case of extension of bid validity, on mutual consent, the validity of B.G. shall be suitably
extended.
14.2. Any Bid not accompanied by an acceptable Bid Security/ /EMD shall be rejected by the
employer as nonresponsive.
14.3 The Bid Security/ /EMD of the unsuccessful bidder shall become refundable. The
unsuccessful bidder for this purpose means the bidders who have not qualified for opening
of Part-II Price Bid) and those who have not emerged as L-1 Bidder after reverse auction.
14.4 The Bid Security/ /EMD (submitted in the form of BG) of the successful Bidder will be
discharged when the Bidder has signed the Agreement and furnished the required
Performance Security/Security Deposit.
The Bid Security / EMD (submitted in the form of Draft /Certified Cheque) of successful
bidder may be retained and adjusted with performance security / security deposit at
bidder’s option.
14.5 The Bid Security/Earnest Money may be forfeited:
a. if the Bidder withdraws the Bid after Bid opening during the period of Bid validity /
extended validity with mutual consent; or
b. in the case of a successful Bidder, if the Bidder fails within the specified time limit to:
(i) sign the Agreement; or
(ii) furnish the required Performance Security/ Security Deposit or
(iii)
If the L-1 bidder does not accept the rate quoted by him in the Reverse Auction
or fails to submit the duly filled form-III of Annexure-M within the specified time limit.
Additionally the company reserves the right to debar such defaulting contractor
(individual/proprietor/partners/director etc.) from participating in future bids for a minimum
period of 12(twelve) months.
14.6 The Bid Security/ EMD deposited with the Employer will not carry any interest.
15. DEADLINE FOR SUBMISSION OF BIDS
15.1. Bids shall be submitted on line on the on the e-tendering portal of Bharat Coking Coal
Limited https://bccl.eproc.in within the date and time specified in the e-tender notice.
15.2. The employer may extend the deadline for submission of bids by issuing a corrigendum
in accordance with provisions of e-tender notice/ITB, 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.
ITB
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16. SIGNING AND SUBMISSION 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 Submission of bid shall be as detailed at clause 7 & 8 of e-tender notice.
17. MODIFICATION AND WITHDRAWAL OF BIDS
17.1 Modification and withdrawal of bid shall be guided by clause 12 of e-tender Notice.
17.2 No bid withdrawal/modifications shall be allowed after end date and time of Bid
submission
17.3 Withdrawal of a Bid between the deadline for submission of Bids and the expiration of
the period of Bid validity specified in the bid document or as extended pursuant to SubClause 13.2 may result in the forfeiture of the earnest money pursuant to Clause 14.
18. BID OPENING
18.1 All bids are to be submitted on line only at the on the e-tendering portal of Bharat Coking
Coal Limited https://bccl.eproc.in
18.2 After receipt and acceptance of Earnest Money and other documents as per provision of
bid submission (clause 7 & 8 of e-tender notice), the Employer will open the bid in the
manner as specified under clause 9 of e-tender notice.
19. CLARIFICATION OF BIDS
19.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at
the Employer's discretion, ask any Bidder for online clarification of the Bidder's Bid
including breakdowns of unit rates. The request for clarification on bidder’s bid shall be
online. The bidder shall upload digitally signed scanned copy of required
document/response within 10 (ten) days from date of issue of clarification notice. No
further extension for submission shall be allowed.
19.2 No document uploaded / presented by the bidder after closing date and time of
submission of Bid will be considered unless otherwise called for during scrutiny /evaluation
and shall be against online request only.
20. EVALUATION AND COMPARISON OF BIDS
20.1 Evaluation and comparison of Bids will be done by System on-line. The bidder shall also
comply with system requirement as at clause 8 of e-tender notice. Bid evaluation shall be
done after taking into consideration overall quoted price by the bidder.
20.2 If the Bid of the successful Bidder is seriously unbalanced in relation to the Company’s
estimate of the cost of work to be performed under the contract, the Employer 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 those prices with the methods and schedule
proposed. After evaluation of the price analysis, the company may require that the amount
of the performance security/security deposit is increased at the expense of the successful
bidder to a level sufficient to protect the company against financial loss in the event of
default on the part of the successful bidder under the contract.
Such additional performance security shall be applicable if the bid price is below 15% of
the estimated cost put to tender. The amount of such additional performance security shall
be the difference between 85% of the estimated cost put to tender and quoted price.
Such additional performance security shall be furnished by bidder along with normal
performance security. Failure to submit such additional performance security may result
into termination of the contract.
ITB
20
21. AWARD CRITERIA
21.1 Subject to Clause 22, 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.
22. EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO REJECT ANY OR
ALL BIDS
22.1 Notwithstanding Clause 21, 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.
23. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT
23.1 The Bidder who’s Bid has been accepted, will be notified of the award by the Employer
prior to expiration of the Bid validity period online and confirmed by registered letter. This
letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will
state the sum that the Employer will pay the Contractor in consideration of the execution
and completion of the Works by the Contractor as prescribed by the Contract (hereinafter
and in the Contract called "the Contract Price").
23.2 The notification of award will constitute the formation of the Contract.
23.3 The Agreement will incorporate all agreements between the Employer and the
successful Bidder within 28 days following 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 request of the bidder, if any,
the department in addition to other penal measures as per clause 14.5 shall be at liberty to
debar the selected bidder from participating in future Bids for at least 12 months.
23.4 In the bidding process, the cause of rejection of bid of any bidder should be intimated to
non-qualified bidder after the award of the work to the successful one and the Security /
Earnest Money shall be refunded to unsuccessful bidders as per provision of Clause. 14.3.
23.5 The contractor shall enter into and execute contract agreement in the prescribed form.
The cost of the stamp papers for the contract agreement shall be borne by the contractor.
Two sets of contract document/agreements shall be prepared and signed by both the
parties One of the sets shall be stamped "Original" and the other "Duplicate". The
duplicate copy and one additional 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.
23.6 Successful Bidder on receipt of LOA/issuance of work order/approval of work schedule
(prior to start of work) will furnish the total list of the workmen category wise i.e. statutory
personnel, unskilled, semiskilled/unskilled supervisory, skilled and highly skilled to be
engaged by them for the work to the Engineer-in-charge with the issuance of Identity Card
to them and subsequently arrange for their vocational training and medical examination
accordingly as per requirement. The cost of training and medical examination shall be
borne by successful bidder.
Before deployment of any person in future other than the listed person as above same
procedure as mentioned above shall be strictly followed.
ITB
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24. PERFORMANCE SECURITY/SECURITY DEPOSIT
24.1 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 clause 4 of Conditions of Contract (General terms and Conditions)
25. EMPLOYMENT OF LABOUR
25.1 Contractors are to employ, to the extent possible, only local project affected people and
pay wages in accordance with clause no.12 (xi) of General Terms and Conditions.
However preferably 20% of required unskilled workers are to considered for employment
from project affected people.
The list of PAPs recommended by the concerned Mukhiya to be obtained by the
concerned Area GM and displayed in the notice board. Any further addition is to be duly
certified by the Mukhiya.
In addition, the contractors are to provide benefits of Provident Fund for the workmen
employed by him for the work as per the Laws prevailing under provision of CMPF / EPF
and allied scheme valid from time to time and also submit statutory returns..
25.2 The contractor shall utilize their regular employees throughout the period of contract. The
bidder shall also comply with statutory requirements of various acts including CL(R&A)
Act.
25.3 The contractor’s workmen shall be paid through Bank.
26. LEGAL JURISDICTION
26.1 Matter relating to any dispute or difference arising out of this bid and subsequent
contract awarded based on the bid shall be subject to the jurisdiction of Dhanbad court
only.
27. e-payment
27.1 All the payments will be made through e-payment mode. The bidders should submit
MANDATE FORM for e-Payment along with original EMD as per the format given in the bid
document at ANNEXURE- D.
28. Integrity Pact
28.1 The bidders must accept the Integrity Pact online. The format of Integrity Pact is at
Annexure-H of tender document.
29. Change in the Constitution of Contracting Agency.
29.1 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 treated as a breach of contract.
30. Miscellaneous.
30.1 The bidders should fill the bid document properly and carefully. They should avoid
quoting absurd rates.
30.2 throughout the bidding documents, the terms ‘bid’ and tender and their derivatives are
synonymous.
30.3 The site for work shall be made available in parts.
----------------ITB
22
CONDITIONS OF CONTRACT
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS :
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
The word "Company'" or "Employer" or "Owner" wherever occurs in the
conditions, means the Bharat Coking Coal Limited, represented at the
headquarters of the Company by the CMD, BCCL or his authorized
representative or any other officer specially deputed for the purpose.
The word “Principal Employer" wherever occurs, means the authorized
representative or any other officer specially deputed by the Company for the
purpose.
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 Bid 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.
"The Site" shall mean the site of the contract work including land and any building
and erections thereon and any other land allotted by the company for contractor's
use.
'Accepting authority' shall mean the management of the company and includes an
authorised representative of the company or any other person or body of persons
empowered in this behalf by the company.
A 'Day 'shall mean a day of 24 hours from midnight to midnight.
Engineer-in-Charge / designated Officer Incharge for this contract will be Sri
………. ( Post / Designation of an officer to be given here as decided by the
competent authority) who will be responsible for supervising and administering
the contract.
Unless otherwise decided by the competent authority, Engineer Incharge for the
awarded work will be the Area CGM / Area GM of the concerned Area / Project.
The 'contract' shall mean the notice inviting Bid, the Bid as accepted by the
company and the formal agreement executed between the company and the
contractor together with the documents referred to therein including work order,
general terms and conditions, special terms and conditions, Additional terms and
conditions etc., if any, schedule of quantities with rates and amounts, Schedule of
work.
The 'works' shall mean the works required to be executed in accordance with the
contract or parts thereof as the case may be and shall include all extra or
additional or any work of emergent nature, which in the opinion of the Engineerin-charge, become necessary during the progress of the works to obviate any risk
or accident or failure or become necessary for security.
'Schedule of Rates' referred to in these conditions shall mean the standard
schedule of rates prescribed by the company and the amendments issued from
time to time.
'Contract price' shall mean
The total sum arrived at based on the individual rates quoted by the Bidder for the
various items online.
'Written notice' shall mean a notice or communication in writing and shall be
deemed to have been duly served if delivered in person to the individual or
to a member of the firm or to an office of the Corporation/Company, or if
delivered at or sent by registered mail / e-mail to the last business address known
to him who gives the notice.
23
2. CONTRACT DOCUMENT:
The following documents shall constitute the contract documents :
(i)
Articles of Agreement,
( ii ) Notice Inviting Bid and Instruction to bidders,
( iii ) Letter of Acceptance of Bid indicating deviations, if any, from the conditions of
contract incorporated in the Bid/Bid document.
( iv ) Conditions of contract, including general terms and conditions, special notes
and additional terms and conditions, special terms and conditions, Vocational
Training & Safety Norms etc. forming part of the bid document,
(v)
Integrity Pact, if applicable
( vi ) Scope of work/Bill of Quantity and
(vii ) Finalised work programme/schedule.
2.1 After acceptance of Bid and on execution of contract/issue of work order to
proceed with the work, as the case may be, the contractor shall be furnished, free of
charge, two copies of contract documents. (certified copies), excepting those
drawings to be supplied during the progress of work. 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
None of these documents shall be used by the contractor for any purpose
other than this contract and the contractor shall ensure that all persons employed for
this contract strictly adhere to this and maintain secrecy, as required of such
documents.
3.
DISCREPANCIES AND ADJUSTMENTS THEREOF:
The documents forming part of the contract are to be treated as mutually explanatory
to one another.
3.1 In the event of varying or conflicting provisions made in any of the
document/documents forming part of the contract, the 'Accepting Authority's
decision/clarification shall hold good with regard to the intention of the document or
contract, as the case may be.
3.2 Any error in description, quantity or rate in schedule or quantities or any omission
therefrom, shall not vitiate the contract or release the contractor from discharging his
obligations under the contract including execution of work according to the
specifications forming part of the particular contract document.
3.3 Any difference detected in the Bid/Bids submitted, resulting from :
i) discrepancy between description in words and figures the rate which
corresponds to the words quoted by the contractor shall be taken as correct.
ii) discrepancy in the amount quoted by the contractor due to calculation mistake of
the unit rate and quantity, the unit rate shall be regarded as firm and amount
corrected.
iii) discrepancy in totaling or carry forwards in the amount quoted by the contractor
shall be corrected.
24
The tendered sum so corrected and altered shall be substituted for the sum originally
tendered and considered for acceptance instead of the original sum quoted by the
Bidder along with other Bid/Bids. Rounding off to the nearest rupee should be done
in the final summary of the amount instead of in totals of various sections of schedule
of quantities.
4. SECURITY DEPOSIT
4.1 Security deposit shall consist of two parts:
a)
Performance security to be submitted at award of work and
b)
Retention money to be recovered from running bills.
The Security Deposit shall bear no interest. Total of the performance security and
retention money should not exceed 10% of the annualized value of contract amount
or the lesser sum indicated in the bid document.
The bidders have the choice for submission of performance security and retention
money in any of the following forms as given at ‘A’or ‘B’ below :A.
(i) Performance Security as per clause No-4.2
and
(ii) Retention Money as per clause No-4.4
Or
B. Deposition of Bank Guarantee for the entire period of contract by the contractor, to
the extent of 10% of the annualized contract value (i.e. 5% of the performance
security and 5% of the retention money of the annualized value) for the contract
period one year or more, at the time of award of work, be provided.
Or
Deposition of Bank Guarantee for the entire period of contract by the contractor, to
the extent of 10% of the awarded value (i.e. 5% of the performance security and 5%
of the retention money of the awarded value) for the contract period less than one
year, at the time of award of work, be provided.
4.2 Performance Security should be 5% of annualized value of contract amount OR
10% of annualized value of contract amount (i.e. 5% performance security and 5%
retention money of annualized value of contract amount) for the contract of one year
or more duration
Or
Performance Security should be 5% of awarded value of contract amount OR 10% of
awarded value of contract amount (i.e. 5% performance security and 5% retention
money of awarded value of contract amount) for the contract of less than one year
duration.
Performance Security as mentioned above should be submitted within 28 days of
receipt of LOA by the successful bidders in any of the form given below:-.
a) Bank Guarantee in the form given in the bid document (from any
Nationalized/Scheduled Bank payable at its Branch at Dhanbad/Kolkata).
b) Govt. securities, FDR or any other form of deposit stipulated by the owner.
c) Demand Draft drawn in favour of Bharat Coking Coal Limited on any Schedule
Bank payable at its Branches at Dhanbad.
The bid security deposited in the form of Bank Guarantee shall be duly discharged
and returned to the contractor. The bid security deposit in the form of Demand Draft
shall be adjusted against the security deposit.
25
4.3
If performance security is provided by the successful bidders in the form of
Bank Guarantee (payable at its Branch at Dhanbad/Kolkata) it shall be issued either–
(a) at Bidder’s option by a nationalized/ scheduled Indian Bank or
(b) by a Foreign Bank located in India and acceptable to the employer
(c) the validity of the Bank Guarantee shall be for a period of one year for the
contract of less than one year duration or ninety days beyond the period of contract
in case the contract period is for a period of one year and upto three years.
For contracts of more than three years duration:
(d) the validity of the Bank Guarantee shall be for a period of three years ninety days
initially and subsequently extended every year for a period of one year and final
extension shall be made for a period of one year or upto ninety days beyond the
remaining period of contract whichever is less . Extension of Bank Guarantee shall
be made by the contractor 60 days prior to the date of expiry of validity of the Bank
Guarantee.
In case of failure of contractor to extend the validity of initial Bank
Guarantee/extended Bank Guarantee for performance security as above, it will be
encashed.
Failure of the successful bidder to comply with the requirement as above shall
constitute sufficient ground for cancellation of the award of work and forfeiture of the
bid security.
However if the contractor fails to submit the Performance Security within 28
days of receipt of LOA due to some reasons or otherwise and if the
management takes it to be reasonable this period of within 28 days of receipt
of LOA may be waived and the agency can be allowed to submit the
Performance Security up to an extended period as deemed fit with the approval
of CMD, BCCL.
4.4
Retention Money should be deducted at 5% from running bills. Total of
performance security & retention Money should not exceed 10% of annualized value
of contract amount for contract period of one year or more or lesser sum indicated in
the bid document
Or
Retention Money should be deducted at 5% from running bills. Total of performance
security & retention Money should not exceed 10% of awarded value of contract
amount for contract period less than of one year or lesser sum indicated in the bid
document.
4.5 5% performance security OR performance security and retention money (10% of
annualized value/awarded value of contract), as the case may be, should be
refunded within 60 days of the completion of the work. (The date of completion of the
work will be certified by the Engineer In-charge).
4.6 Refund of Security Deposit: The refund of security deposit shall be subject to
company’s right to deduct/appropriate its dues against the contractor under this
contract or under any other contract. On completion of the work and certified as such
by the Engineer-in-charge, the security deposit, remaining with the company shall be
refunded. However, for contracts for more than 1(one) year period, Security deposit
accrued by paying the running bill at 95%,may be refunded annually on submission
of Bank Guarantee of equivalent amount, in the proforma provided with the Tender
26
Document at Annexure – K, subject to satisfactory performance of the contractor
during the year.
4.7 Additional performance security:
Additional performance security shall be applicable if the bid price is below 15% of
the estimated cost put to tender. The amount of such additional performance
security shall be the difference between 85% of the estimated cost put to tender and
quoted price.
Additional performance security shall be furnished by bidder along with normal
performance security. Failure to submit such additional performance security may
result into termination of the contract.
This additional performance security will not carry any interest and shall be released
in the following manner:
i) 30% of Additional performance security will be released after 60% of the total
work is completed.
ii) 50% of Additional performance security will be released after 80% of the total
work is completed.
iii) 100% of Additional performance security will be released after total work is
completed.
Additional performance security may be furnished in any of the forms as applicable
for performance security.
5.
DEVIATIONS/VARIATIONS IN QUANTITIES:
Extent and Pricing: The quantities given in the 'Schedule of Quantities' are
provisional and are meant to indicate the extent of the work and to provide a uniform
basis for bidding and any variation either by addition or omission shall not vitiate the
contract.
5.1 The company through its Engineer-in-charge or his representative shall, without
radically changing the original scope and nature of the contracted work, have power
to make any alterations in or additions to or substitution of the original 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 in accordance with the
instructions given to him in writing by Engineer-in-charge or his representative on
behalf of the company.
Such altered or additional work, which shall form part of the original contract, shall be
carried out by the contractor on the same conditions in all respects on which they
agree to do the main works and at the same rate/rates as are specified in the
contract.
5.2 If the additional or altered work includes any class of work for which no rate/rates
is/are specified in the contract, rates for such items shall be determined by the
Engineer-in-charge as follows:
a. the rate shall be derived from the rate/rates for similar or near similar class of work
as is/are specified in the contract, failing which
b. the rates shall be derived from the company's prescribed schedule of rates based
on which the estimate for tendered work has been prepared plus or minus the
percentage by which the tendered amount for the whole work quoted by the
27
contractor is above or below the estimated amount as per the Bid documents, failing
which
c. the rate shall be derived from contractor's rate claimed for such class of work
supported by analysis of the rate/rates claimed by the contractor. The rate to be
determined by the Engineer-in-charge as may be considered reasonable taking into
account percentage of profit and overhead not exceeding fifteen percent or on the
basis of market rates, if any, prevailing at the time when work was done.
In the case of composite tenders, where two or more schedule of quantities for
similar item description may form part of the contract, the applicable rate 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.
However, the Engineer-in-charge shall be at liberty to cancel the instruction by notice
in writing and to arrange to carry out the work in such manner as he /she considers
advisable under the circumstances. The contractor shall under no circumstances
suspend the work on the plea of non-settlement of rates.
5.3
Alterations in the quantities shall not be considered as a change in the
conditions of the contract nor invalidate any of the provisions thereof provided that a
supplementary work order or agreement for the item/items involved will be necessary
when the alterations involved one or more of the followings :
An increase of more than 10% of the total cost of work calculated from the original
tendered quantities and the contract Price.
More than 10% deviation from original awarded value should require approval of next
higher authority, but total amount should be within the delegated power of next
higher authority.
5.4 The time for completion of the originally contracted work shall be extended by
the Company in the proportion that the additional work ( in value) bears to the
original contracted work ( in value) as may be assessed and certified by the
Engineer-in-charge.
However, the validity of the Bank Guarantee submitted by the contractor in
lieu of Performance Security / Security Deposit shall be extended in pursuant to
Clause No. 4.3 and the period of extension.
5.5
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 for any reason and
the contractor shall be bound to carry out the work in accordance with the instruction
given by the Engineer-in-charge. No claim for extra charges/damages shall be made
by the contractor on these grounds.
5.6
In the event of any deviation being ordered which in the opinion of the
contractor changes radically the original scope and 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 or the
rate/rates to be paid thereof shall be resolved separately with the company.
5.7 The re-appropriation/ re-allocation of the quantities may be done with the
approval of Engineer-in –charge within the stipulated contract period and contract
value with the approval of the approving authority of the contract. In case the
approving authority is Board, then with the approval of the CMD of the BCCL.
28
6. TIME FOR COMPLETION OF CONTRACT - EXTENSION THEREOF, DEFAULTS
& COMPENSATION FOR DELAY:
Immediately after the contract is concluded the Engineer –in-charge and the
contractor shall agree upon time and progress chart (work schedule) duly approved
by CMD, BCCL prepared on the basis of a transportation schedule to be submitted
by the contractor showing the order in which the work is proposed to be carried out
within the time specified in the contract documents. For the purpose of this time and
progress chart (work schedule), the work shall be deemed to have commenced on
the expiry of 10 (ten) days from the issue of letter of acceptance/ work order or
handing over the site of work whichever is later.
6.1 If the contractor, without reasonable cause or valid reasons, commits default in
commencing the execution of the work within the aforesaid date, the company shall
without prejudice to any other right or remedy, be at liberty, by giving 15 days notice
in writing to the contractor to commence the work, failing which to forfeit the Earnest
Money deposited by him.
Additionally, the Company will reserve the right to debar such defaulting Contractors
from participating in future tenders for a minimum period of one year.
6.2
In the event of the contractor’s failure to comply with the required progress in
terms of the agreed time and progress chart or to complete the work and clear the
site on or before the contract or the 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, shall become liable to pay for penalty as under :
If the average daily progress of work during the calendar months is less than
the stipulated rate indicated in the tender document and as per work schedule (time
and progress chart) approved by CMD BCCL, penalty as detailed below will be
levied.
If the average daily progress of work executed during the calendar month is more
than 80% and less than 100% of stipulated rate of progress, penalty equal to 10% of
the contract value of the shortfall in work shall be levied.
(ii)
If the average daily progress of work executed during the calendar month is
less than 80% of stipulated rate, penalty equal to 20% of contract value of the
shortfall in work shall be levied.
(iii)
The aggregate of the penalties so levied shall not exceed 10% of the total
contract value.
i), ii) & iii) Penalties will be calculated every month and withheld. The contractor shall
be allowed to make up the short fall within the stipulated time of completion. Once
the shortfall is fully made up on cumulative basis, the so withheld penalty will be
released. Commensurate amount of the penalty already deducted shall be released
as & when part or full shortfall is made up on Progressive basis.
However, the withheld/keep back amount against penalty can be released on
submission of unconditional Bank Guarantee and Affidavit in the prescribed formats
enclosed with tender document as at Annexure I and Annexure J respectively, on
case to case approval of D(F) and concerned Director. Validity of such bank
guarantee shall be for a period not less than 180 (One hundred and eighty) days
beyond the contract period including extended period of contract if any.
6.3 The company may waive the payment of compensation, depending upon merit of
the case, on request received from the contractor if the entire work is completed
29
within the date as specified in the contract or as validly extended without stipulating
any penalty.
6.4 Extension of date of completion - on happening of any events causing delay as
stated here under, the contractor shall intimate immediately in writing the Engineerin-charge:
a. abnormally bad weather
b. serious loss or damage by fire
c. civil commotion, strikes or lockouts affecting any of the trades employed
on the work
d. delay on the part of the contractors or tradesmen engaged by the company
not forming part of the contract, holding up further progress of the work
e. any other causes which, at the sole discretion of the company is beyond
the control of the contractor.
"Hindrance Register" should be maintained for recording the hindrances. This shall be
maintained on day to day basis and should be signed by both the parties. Disputes if
any should be decided by Engineer-in-charge or authority higher than him which
should be binding on the contractor. In case of dispute, decision should be conveyed
within 15 days from the dispute.
The contractor may request the company in writing for extension of time within 14
days of happening of such event causing delay stating also, if practicable, the period
for which extension is desired. The company may, considering the eligibility of the
request, give a fair and reasonable extension of time for completion of the work.
Such extension shall be communicated to the contractor in writing by the company
through the Engineer-in-charge within 1 month of the date of receipt of such request.
The contractor shall however use his best efforts to prevent or make good the delay
by putting his endeavors constantly as may be reasonably required of him to the
satisfaction of the Engineer-in-charge.
6.5 Provisional extension of time may also be granted by the Engineer-In-charge
during the course of execution, on written request for extension of time within 15
(Fifteen) days of happening of such events as stated above, reserving the company’s
right to impose / waive penalty at the time of granting final extension of time as per
contract agreement.
However, the validity of the Bank Guarantee submitted by the contractor in lieu of
Performance Security / Security Deposit shall be extended in pursuant to Clause No.
4.3 and the period of provisional extension.
6.6 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 company or the both. The extension will have to be by the party’s
agreement, expressed or implied.
In case the contractor does not apply for grant of extension of time within 15 (Fifteen)
days of hindrance occurring in execution of the work and the company wants to
continue with the work beyond the stipulated date of completion for reason of the
work having being hindered, the Engineer-in-Charge at his sole discretion can grant
provisional extension of time even in the absence of application from the contractor.
Such extension of time granted by the Engineer-in-charge is valid provided the
contractor accepts the same either expressly or implied by his actions before and
subsequent to the date of completion. Such extension of time shall be without
prejudice to company’s right to levy compensation under the relevant clause of
contract.
30
However, the validity of the Bank Guarantee submitted by the contractor in lieu of
Performance Security / Security Deposit shall be extended in pursuant to Clause No.
4.3 and the period of provisional extension.
6.7 The bidding documents will clearly state that:
a) The successful bidder will advise , in the event of his having resort to this clause
by a registered letter duly certified by the local chamber of commerce or statutory
authorities, the beginning and end of the cause of delay, within fifteen days of the
occurrence and cessation of such Force Majeure condition. In the event of delay
lasting over two months, if arising out of force majeure, the contract may be
terminated at the discretion of the company.
b)
For delays arising out of force majeure, the bidder will not claim extension in
completion date for a period exceeding the period of delay attributably to the causes
of force majeure and neither company nor the bidder shall be liable to pay extra cost
(like increase in rates, remobilization advance, idle charges for labour and machinery
etc.) provided it is mutually established that the force majeure conditions deed
actually exist.
c)
If any of the force majeure conditions exist in the place of operation of the
bidder event at the time of submission of bid he will categorically specify them in his
bid and state whether they have being taken into consideration in their quotations.
6.8 Whenever time extension is given to the contractor for reasons for delay solely
attributed to the company, Price variation may have to be allowed depending on the
conditions of the contract. In order to determine the above, a hindrance register will
be maintained which will be jointly signed by both the parties at the time of periodical
review meetings to be held at least once in a month by the Engineer-in-Charge /
Designated Officer-in-charge whose decision in this cases will be final. The delays
will be determined solely on the basis of this register, and that any refusal on the part
of the contractor to sign the register would mean that the delay, if it occurs will be
solely attributed to him.
Hindrance register is signed by both the parties. The contractor should also be given
permission to write his observations / disagreement in the register.
In case the contractor has a different opinion for hindrance and a dispute arises, then
the matter would be referred to the higher authority whose decision will be final and
binding on the contractor and the decision to be communicated within 15 days.
7.
QUALITY ASSURANCE:
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 instructions of
the Engineer-in-charge. The Engineer-in-charge may issue from time to time further
detail instructions/directions in writing to the contractor. All such
instructions/directions shall be consistent with the contract documents and should be
reasonably inferable therefrom, along with clarifications/explanations thereof, if
necessary. Extracted coal shall be free from any extraneous materials like shale,
rock etc.
8.
MEASUREMENT AND PAYMENT:
Except where any general or detailed description of the work in quantities provides
otherwise, measurements of work done shall be taken in accordance with “New
Code for Uniform System of Maintenance, Control and Verification of Coal Stock in
31
all mines of CIL” and the relevant standard method of measurement as applicable to
the schedule of quantities/schedule of work /specification to the contract. In the case
of items not covered by any of the aforesaid contract documents, measurement shall
be taken in accordance with the relevant standard method of measurement issued by
the Indian Standard Institution.
8.1 All items of work carried out by the contractor in accordance with the provisions
of the contract having a financial value shall be entered in the Measurement
Book/Log Book, etc. as prescribed by the company so that a complete record is
obtained of all work performed under the contract and the value of the work carried
out can be ascertained and determined therefrom.
8.2 Measurements shall be taken jointly by the Engineer-in-charge or his authorized
representative and by the contractor or his authorized representative.
8.3 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 of measurements, a note to that effect shall be made
in the Measurement Book /Log Book and signed and dated by both the parties.
8.4 In the event of failure on the part of contractor to attend or to send his authorized
representative to attend the measurement after receiving the intimation, or to
countersign or to record objection within a week from the date of the measurement,
the measurement taken by the Engineer-in-charge or by his authorized
representative shall be taken to be the correct measurement of the work done.
8.5 Payment on Account - The contractor shall submit interim bill/bills for the work
carried out/materials provided in accordance with the contract. The Engineer-incharge shall then arrange for verification of the bill/bills with reference to the
measurements taken or to be taken or any other records relevant for the purpose.
8.6 Payment on account shall be made on the Engineer-in-charge certifying the sum
to which the contractor is considered entitled by way of interim payment for 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 contract.
8.7 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 relates 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.
8.8 The company reserves the right to recover/ enforce recovery of any
overpayments detected after 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 claim of the contractor are the
subject matter of arbitration or not.
The amount of such overpayments may be recovered from the subsequent bills
under the contract, failing that from contractor’s claim under any other contract with
the company or from the contractor’s security deposit or the contractor shall pay the
amount of overpayment on demand.
32
8.9 Amount payable/ recoverable for any subsequent change in the sales tax on
works contract will be made to/from the contractors after departmental verification of
such changes of tax law issued by statutory authority.
8.10 All the payment will be made in ELECTRONIC MODE through bank. The bidders
should submit MANDATE FORM for e-Payment MD as per the format given in the bid
document at ANNEXURE- D.
9. TERMINATION, SUSPENSION, CANCELLATION & FORECLOSURE OF ONTRACT:
The company shall, in addition to other remedial steps to be taken as provided in the
conditions of contract, be entitled to cancel the contract in full or in part, if the contractor
a. makes default in proceeding with the works with due diligence and continues to do so
even after a notice in writing from the Engineer-in-charge, then on the expiry of the
period as specified in the notice
Or
b. fails to achieve a monthly agreed quantity of 75%(Seventy five percent) for a period
of 6(six) consecutive month or for cumulative period of six months within any
continuous period of 18(eighteen) months, save and except to the extent of nonavailability caused by i) a Force Majeure event or ii) an act of omission of company,
not occurring due to any default of the contractor.
Or
c. 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
d. 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
e. shall offer or give or agree to give any person in the service of the company or to any
other person on his behalf any gift or consideration of any kind as an inducement or
reward for act/acts of favour in relation to the obtaining or execution of this or any
other contract for the company
Or
f. obtains a contract with the company as a result of ring tendering or other nonbonafide method of competitive Bidding.
Or
g. 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 give a
written notice; cancel the whole contract or portion of it in default.
9.1 The contract shall stand terminated under 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 company or by an order of court, not being a
voluntary liquidation proceedings for the purpose of amalgamation or re-organisation,
33
or a receiver or manager is appointed by the court on the application by the
debenture holders of the company, if any.
c. If the contractor shall suffer an execution being levied on his/their goods, estates
and allow it to be continued for a period of 21 days.
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 legal representative or to the partnership concern.
9.2 On cancellation of the contract or on termination of the contract, the Engineer-incharge shall have powers:
a. To take possession of the site and carry out balance work 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 and additional performance security, if any, at disposal of the employer.
Or
ii) 20% of value of incomplete work. 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 including price variation as applicable on the
date, when notice in writing for termination of work was issued to the contractor.
It is being clarified that the above liability is over and above the penalties payable by
the contractor on account of shortfall in quantities as per provision of clause 6.
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.
34
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, equipments 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 9.1(d).
9.3
Suspension of work - The company shall have power to suspend the progress
of the work any part thereof and the Engineer-in-charge may direct the contractor in
writing to suspend the work, for such period and in such manner as may be specified
therein, on account of any default on the part of the contractor, or for proper
execution of the work for reasons other than any default on the part of the contractor,
or on ground of safety of the work or part thereof. In the event of suspension for
reason other than any default on the part of the contractor, extension of time shall be
allowed by the company equal to the period of such suspension.
9.4 Foreclosure of contract in full or in part - If at any time after acceptance of the
Bid, the company decides to abandon or reduce the scope of the work for any reason
whatsoever the company, through its Engineer-in-charge, shall give notice in writing
to that effect to the contractor. In the event of abandonment/reduction in the scope of
work, the company shall be liable to pay the contractor at the contract rates full
amount for works executed and measured at site upto the date of such
abandonment/reduction in the work.
The contractor shall, if required by the Engineer-in-charge, furnish to him books of
accounts, papers, and relevant documents as may be necessary to enable the
Engineer-in-charge to assess the amount payable. The contractor shall not have any
claim for compensation whatsoever either for abandonment or for reduction in the
scope of work, other than those as specified above.
EMP & Forest clearance shall be the responsibility of the Company. In absence of
Environmental & forest clearance of any part of the working site, the work will be
stopped & contract will be closed without any liability on the part of Company other
than as mentioned at 9.4 above.
9.5 The work shall, throughout the stipulated period of contract, be carried out with all
due diligence on the part of the contractor. In the event of termination or suspension of
the contract, on account of default on the part of the contractor, as narrated herein
before, the security deposit and other dues of this work or any other work done under
this company shall be forfeited and brought under the absolute disposal of the
company provided, that the amount so forfeited shall not exceed 10% of the contract
value.
35
9 (A) Closure of Contract
The company shall, in addition to other remedial steps to be taken as provided in
conditions of contract, be entitled to close the contract in view of the followings :-
the
i) Closure of contract is to be done either on completion of period of work as per award
provided there is no scope for extension of period for execution of the balance or left
out work, if any, for the said contract or on execution of the awarded work. However
approval for extension of contract period, if required, should be obtained from the
competent authority before completion of contract period.
ii) Closure of Contract can be done on complete execution of awarded quantity of coal. If
at this stage some quantity of OB removal still remain unexecuted that may be
considered not to be executed, if not required to be executed, keeping in view other
reasons and safety etc. Since the awarded quantity of coal is already executed and
there is no scope for getting any more coal from the patch/project and the work may be
considered to be completed.
iii) Closure of contract is required to be approved by the awarding authority.
iv) The contractor shall, if required by the Engineer-In-charge, furnish to him books of
account, papers relevant documents as may be necessary to enable the Engineer-incharge to assess the amount payable.
v) The work shall, throughout the stipulated period of contract, be carried out with all due
diligence on the part of the contractor. In the event of closure of the contract, on
completion of period of work as per award and there is balance or left out work which
has not been executed on account of default on the part of the contractor, penalty will
be imposed as per terms and conditions of the contract and shall be under the absolute
disposal of the company provided, that the aggregate of the penalties so levied shall
not exceed 10% of the contract value.
vi) Any amount required to be recovered from the contractor determined as above, if any,
shall be recovered from any moneys due to the contractor on any account or under any
other contract and in the event of any shortfall, the contractor shall be called upon to
pay the same on demand.
10. CARRYING OUT PART WORK AT RISK & COST OF CONTRACTOR.
10.1 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-inCharge 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,
any other penalty will not be applicable other than on account of shortfall in quantities
as per clause 6.2.
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.
36
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 materials, equipments or entered into agreement or made
advances on any account or with a view to the execution of work or performance of
the contract.
11. COMPLETION CERTIFICATE/ DEFECT LIABILITY CERTIFICATE:
11.1 On completion of the work and notifying the same by the contractor to the
Engineer in-Charge, Completion Certificate shall be issued by the Engineer-in-charge
only in the event the work is completed satisfactorily in every respect. Payment of final
bill shall be made on completion of the contract and refund of security deposit shall,
however, be made as per relevant clause of the contract.
12. RESPONSIBILITIES OF THE CONTRACTOR
i. The company reserve the right to let other contractors, in connection with the
project, also work 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/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 three hours of such orders.
iii. Precautions shall be exercised at all times for the protection of persons (including
employees) and property. The safety required or recommendation by all applicable
laws, codes, statutes and regulations will be observed. In case of accidents, he/they
shall be responsible for compliance with all the requirements imposed by the
Workmen's Compensation Act or any other similar laws in force, and shall indemnify
the company against any claim on this account.
The contractor/contractors shall at all times exercise 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 or Central
Government 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.
iv. 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.
v. Building 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 shall vigorously prohibit committing of
nuisance at any other place. Cost of all works under these items shall be covered by
the contractor's/contractors' quoted rates.
vi. The contractor/contractors shall furnish to the Engineer-in-charge or his
authorized representative with work reports from time to time regarding the
37
contractor/contractors organization and the progress made by him/them in the
execution of the work as per the contract agreement.
vii All duties, taxes (excluding Service Tax only) and other levies payable by the
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. All investments, operating expenses, incidentals, overheads
etc. as may be attendant upon execution and completion of works shall also be
included in the rates, prices and total Bid price submitted by the bidder.
However, such duties, taxes, levies etc. which is notified after the last date of
submission of Bid and/or any increase over the rate existing on the last date of
submission of Bid shall be reimbursed by the company on production of documentary
evidence in support of payment actually made to the concerned authorities.
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 in the Price bid.
The item wise rate quoted shall be exclusive of service tax. Service tax will be paid
extra, if payable. Payment of service tax by the service availer (i.e. BCCL),to the
service provider would be made only on the later submitting a Bill and Invoicein
accordance with the provision of relevant service tax rules. CENVAT credit is to be
availed by paying authority as per rule.
Payment of service tax is the responsibility of the service provider.
viii 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.
ix. The contractor/contractors shall make his/their own arrangement for all
equipment, dumpers, materials, consumables (excluding explosives to be issued free
of cost), tools, staff and labour 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 the entire satisfaction of the company.
The contractor shall at his own cost arrange maintenance/repair of all equipment
required/deployed for the work. The company shall have no liability whatsoever on
this account.
x. No sub-letting of the work as a whole by the contractor is permissible. Prior
permission is required to be taken from the principle employer for engagement of
sub-contractors in hiring equipment contract for part work / piece rated work.
xi. Provision Related to Employment of Labour, Payment of wages and Provident
Fund Deduction
The execution of work shall be done by deploying machines / equipment through
only regular employees of the contractor. The contractor shall also comply with
statutory requirements under CL(R&A) Act and also obtain labour license.
The contractor shall not engage any person of less than 18 year age or females
during night hours as required by relevant law.
38
The contractor / contractors shall have to make payment to all workers engaged in
line with the following
mimiMiMwages to the contractor workers ie rieefdfme ereffidifo
Categories of eMyoipff
)yfd rrp( roie cref
VDA (Variable DA) as
on 01.10.14
Unskilled
Rs. 464.00
Rs. 23.00
Semio-killed/ Unskilled Supervisory
Rs. 494.00
Rs. 29.00
Skilled
Rs. 524.00
Rs. 34.00
yifgopskilled
Rs. 554.00
Rs. 40.00
Categorization of contractor’s workers into Unskilled, Semiskilled, Skilled and Highly
skilled shall be as per the norms adopted by the Ministry of Labour & Employment,
Govt. of India for non – coal mines.
Where the existing rates of wages of any employee based on contract or agreement
or otherwise are higher than the rates, the higher rates shall be protected and treated
as the Minimum rates of wages for the contractor workers.
V rmr egf dfsiofr dref ie .1.11.0.10eid imrioediro lidsfdo ogroo af tiu ro im .A.r.
Vogroo af yrir isfd egf eimoiMfd ydief imrf .A.r.x0..arof ( 0.0.02 1 ediM )1.. =
1st 1Aydio rmr st & ie uraiid ro mieieifr ap mimioedp ,reeiafd im fsfdp pfrd
Employment, Govt. of India for the workers employed in scheduled employment for
non-coal mines.
Further contractor has to provide benefits of Provident Fund for the workmen
employed by him for the work as per the laws prevailing under provisions of CMPF
and Allied Schemes and Miscellaneous Provisions Act ro yfd Cmye Aee1948 rmr
1990CmyM or Employees Provident Fund and Miscellaneous Provisions Act 1952
as the case may be. Contractor / contractors shall have to ensure implementation of
CMPF and Miscellaneous Provisions Act 1948 and allied schemes framed there
under in respect of workers deployed by him/ them and will have to recover statutory
dues and deposit the same along with employer’s contribution (contractor’s share) to
respective CMPF Office and to submit statutory returns under intimation to principal
employer.
Revision in the rate of Variable Dearness Allowance will be made as per the
communication made from Coal India Limited from time to time. It will be applicable
from the retrospective date and will be binding on the contractor. Revised rate of
variable dearness allowance will be communicated to the executing Area authority.
As & when communicated by competent authority, in case of any change in future in
the rate of payment of the wages to the workers of the contractor, the difference
between the already paid and the revised rate of payment of wages during the
contract period, will be reimbursed as per the laid down procedure of the company,
on production of the documentary proof of payment of difference of wages by the
concerned contractor to their workers engaged by him for the particular awarded
contract.
The contractor shall make payment to his employees at the place(s) specified by the
General Manager/Project officer and in the presence of company’s authorized
representative, who shall duly witness all payments by the contractor to his
employees. For this purpose, the contractor shall notify the wage period(s), day/date
and time of payment.
39
The payment of wages to the workers should be made through Bank.
The Contractor/ Contractors shall make necessary payment of the Provident Fund for
the workmen employed by him for the work as per the laws prevailing under
provisions of CMPF and Allied Schemes and Miscellaneous Provisions Act 1948 or
Employees Provident Fund and Miscellaneous Provisions Act 1952 as the case may
be. The Contractor shall regularly deposit the contribution in accordance with such
scheme. The company shall have no liability whatsoever in this regard.
The contractor shall arrange treatment facilities to contractor’s workers. However,
treatment facilities, as available at company’s hospital and dispensary shall be
provided to contractors’ workers, in case contractor wants to avail it. The treatment
facility at company’s Hospitals / Dispensary shall be free of cost, but to the extent of
available medicines, pathological examination and other surgical treatment. Such
facilities shall not be applicable to worker’s spouse or dependent.
The contractor should issue Identity Card to the workmen deployed by them with
photograph duly attested by him which the employee shall always carry with him
while on work and produce for Inspection whenever required.
The contractor shall familiarize himself and fully comply with the provisions of all the
Acts/Rules/Regulations/Bye-laws and orders of the Local authority / Municipality
/State Govt./ Central Govt. applicable to the worker. Mines Act, Payment of Wages
Act, Motor Vehicle Act, Workermen’s Compensation Act, Labour Laws, Insurance
etc. and shall be fully responsible and liable for the due observance of the same. The
company shall have no responsibility / liability whatsoever on these accounts. The
contractor shall fully indemnify the Company against any claim/dispute/reference
Award, etc. arising out of the same.
The contractor shall make timely payment of all salary /wages/ dues to his
employees and shall also provide all benefits to his employees as per various Acts/
Rules, Regulation, Orders applicable to the work e.g. bonus under Coal Mines Bonus
Scheme and Payment of Bonus Act, Sunday Wages, Overtime, Holiday Wages,
Leave Wages, Sick Leave etc.
The contractor shall prepare the wages sheet for his employees in duplicate, a copy
of which shall be regularly submitted to the Engineer-in- charge of the project.
The responsibility of the contractor in respect of all payments to his employees will
be complete and absolute. The Company shall have no liability whatsoever in this
regard and shall be fully indemnified by the Contractor against any claim arising out
of any non-payment / short payment / dispute/ award.
In case any accident occurs or any injury is caused to any employee of the Company
by the vehicles/equipments of the contractors or by any act of omission/ commission
on the part of the contractor's representative/ employees, the compensation for the
same, as provided in law or as assessed by the company shall be recovered from
the contractor along with the costs and expenses incurred by the company on the
same.
xii) The contractor will have to make necessary security arrangement for Coal,
Machinery & Personnel including prevention of theft of coal from the project
premises, during transportation and also at coal dumps.
40
xiii) All accounts shall be maintained in English and the company shall have the right
of access and inspection of all such books of accounts etc. relating to payment of
labourer considered necessary and the company may arrange for witnessing the
payment to the labourer by its representatives.
xiv) 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, if any :
a. The contractor shall at all times during the pendency of the contract indemnify the
company against all claims, damages or compensation underthe provisions of the
Workmen's Compensation Act and shall take insurance policy covering all risk,
claims, damages or compensation payable under the Workmen's Compensation
Act or under any other law relating thereto.
b. The contractor shall ensure that the insurance policy/policies are kept alive till full
expiry of the contract by timely payment of premiums and shall not be cancelled
without the approval of the company and a provision is made to this effect in all the
policies, and similar insurance policies are also taken by his sub-contractors if any.
The cost of premiums shall be borne by the contractor and it shall be deemed to
have been included in the quoted rate.
c. In the event of contractor's failure to effect or to keep in force the insurance
referred to above or any other insurance which the contractor is required to effect
under the terms of the contract, the company may effect and keep in force any
such insurance and pay such premium/premiums as may be necessary for that
purpose from time to time and recover the amount thus paid from any moneys due
by the contractor.
The contractor shall whenever required produce before Engineer-in-charge the
policy or policies of insurance and receipt of payment of the current premium.
xv) ACCOMMODATION, SITE OFFICE, ELECTRICITY, WATER ETC.
a. The successful bidder shall arrange accommodation, security etc. of its own for its
workmen. The employer shall not provide any land for setting up of labour camp
and the contractor shall make his own arrangements. However, company may
provide accommodation, if available, on chargeable basis on request made in
writing by the contractor.
b. Subject to availability, the employer may allot at his own discretion and
convenience land for the construction of contractors site office, godowns, workshop
and assembly yard near the site. Allotment of such land shall not confer any
tenancy rights to the contractor. The contractor shall construct and maintain the
same at his cost. All these temporary works shall be well ventilated, lighted and
provided with water, electricity and sanitary arrangement to the approval of
Engineer-in-charge.
The contractor shall remove immediately on completion of the work such buildings
and make good, to the satisfaction EIC, all the damages sustained.
The contractor shall not use the land for any purpose other than that for or in
connection with the contract.
In case contractor requires any land additional to what is made available to him,
the contractor shall make arrangement for the same at his own cost.
41
c. It will be the responsibility of contractor, to whom the work would be allotted, for
making other arrangements at their own cost.
d. Electric power, if available, may be made available for the work by the employer at
one point within the site or near the site on conditions as specified:
The contractor shall arrange at his own cost necessary cabling/wiring, switch board,
switch gear etc and shall be responsible for the safe maintenance.
Distribution arrangement shall be done by the contractor at his cost as per
approved layout. Distribution arrangement shall be shifted and rerouted at the
contractor’s cost during execution of work, if same is required for continuation of
work or for any unforeseen reason.
The contractor shall install metering devices for recording of energy consumption.
Tariff will be deducted as per Company rules. No extra payment will be made and
no extension of time period will be allowed on account of power failure or delay in
providing of power due to non-availability of such facility near the site. No idle
wages will also be allowed on this ground.
The contractor shall remove immediately on completion of the work such
distribution system and all installations and make good, to the satisfaction EIC, all
the damages sustained.
The contractor shall employ certified and licensed electrician for carrying out the
work and its maintenance.
e. The contractor shall make his own arrangement for water required for the work.
Mine water, if available, may be utilized for this purpose and shall be provided free
of cost. Arrangement of its pumping and distribution for use in his work shall be
responsibility of contractor. Drinking water, if available, will be provided free of cost
by company at one point. Distribution to required places will be the responsibility of
contractor. The employer doesn’t guarantee uninterrupted supply. It will incumbent
on the contractor to make alternative arrangement for drinking water at his own
cost.
xvi)
The contractor /contractors shall at all times ensure that all dumpers/tippers
engaged in mining related activity are provided /fitted (i) Full cabin canopy (ii) tail
lamp guard kit (iii) propeller shaft guard (iv) blind spot mirror (v) body locking
device (vi) reflex reflector on body (vii) seat belt reminder (viii) limiting speed
device (ix) audio- visual alarm during reverse gear with flasher (x) provision of two
brakes (xi) exhaust /retard break (xii) body lifting position locking arrangement (xiii)
semi automatic fire suppression system and (xiv) rear view camera along with
suitable visual display unit (VDU) in the driver’s cabin in addition to other safety
features.
xvii)
The contractor/ contractors shall be provided OPD and Indoor Treatment facility to
contractor’s workers in company’s hospital and dispensary free of cost (excluding
spouse or any dependent) to the extent of availability of medicines, pathological
examination and other surgical treatment. Contractor’s workers will not be allowed
to get treatment other than the company’s hospital/dispensary (no referral cases).
Contractors should issue Identity Card to their workmen deployed.
xviii) The contractor shall take efficient dust suppression measures in the site allotted to
him for operation and for the work awarded to him (total working area under the
contract including the transport route).
xix)
Pumping: The contractor will have to provide the required pumping arrangement as
per requirement under the contract. In the event of the contractor's failure to
provide the required pumping arrangement as per requirement of the contract if the
Company through its Engineer-in-Charge provide necessary pumping arrangement
42
to maintain the production & safety, the cost incurred for the same as derived and
finalized by Engineer-in-Charge duly checked and vetted by Associated Finance,
will be recovered from the running on account bills of contractors.
14. SETTLEMENT OF DISPUTES
It is incumbent upon the contractor to avoid litigation and disputes during the course
of execution. However, if such disputes take place between the contractor and the
department, effort shall be made first to settle the disputes at the company level.
The contractor should make request in writing to the Engineer-in-charge for
settlement of such disputes/ claims within 30 (thirty) days of arising of the cause of
dispute/ claim failing which no disputes/ claims of the contractor shall be entertained
by the company.
Effort shall be made to resolve the dispute in two stages
In first stage dispute shall be referred to Area CGM,GM. If difference still persist the
dispute shall be referred to a committee constituted by the CMD, BCCL. The
committee shall have one member of the rank of Director of the company who shall
be chairman of the committee.
If differences still persist, the settlement of the dispute shall be resolve in the
following manner:
Disputes relating to the commercial contracts with Central Public Sector Enterprises /
Govt. Departments (except Railways, Income Tax, Customs & excise duties )/ State
Public Sector Enterprises shall be referred by either party for Arbitration to the PMA (
Permanent Machinery of Arbitration ) in the department of Public Enterprises.
In case of parties other than Govt. Agencies, the redressal of the dispute may be
sought in the Court of Law.
14. Revocation of Tender Process: The online evaluation of tender must be performed by
the Evaluator with utmost care and diligence. The Evaluator of tender must ensure
that the decision of Tender Committee is correctly uploaded on the e-Tendering portal.
However, there may be situation when the decision of Tender Committee may have to be
changed subsequently on account of a Court’s verdict. Also, there may be
circumstances when online evaluation of tender is not done correctly due to mistake by
the Evaluator or due to technical error in the system, which may lead to cancellation of
tender.
In order to avoid the cancellation of tender in such cases, the tender process needs be
reverted back to appropriate stage (Technical-bid Opening or Price-bid Opening
stage) to comply with the Court’s verdict or to rectify the error committed by the
Evaluator. This provision in the e-Tendering system has been introduced with an
objective to abide by the Court’s verdict or to ensure that the tender process should not
suffer due to any mistake committed by an individual or due to any technical error in the
system.
Revocation of Tender process back to Technical-bid opening stage or Price-bid opening
43
stage from an advanced stage shall be done under the following circumstances:
1. To comply with the directives of Hon’ble Court of Law.
2. If the Evaluator makes a mistake in online evaluation of tender, which is not in
line with the Tender Committee decision.
3. If there is an error in the online evaluation of tender due to technical error in the
system.
However revocation of tender process will be under the discretion of the BCCL
Management.
44
SPECIALTERMS & CONDITIONS FOR HIRING CONTRACTS
EXCAVATION, REMOVAL OF OVERBURDEN, EXTRACTION OF COAL AND
TRANSPORTATION.
1.00 The contractor, before starting the work, shall furnish to the General Manager/
Project Officer /Engineer-in-Charge the list of equipment e.g. Excavator / Pay loaders /
drills / surface miner/ tippers/ dumpers / light motor vehicle etc. as prescribed in the NIT
proposed to be deployed for the work, with the related papers of registration, fitness
certificate, permits, licenses, Insurance, driving licenses etc. for inspection. No
equipment/dumpersshall be deployed for the work without the approval of the Project
Officer/ General Manager/ Engineer-in-Charge.
2.00 The equipment/dumpers deployed in any other project of the company or any project
of any subsidiary of Coal India Limited, shall not be diverted for the work without the
approval of the company. Similarly, the equipment / dumpers deployed for the work shall
not be diverted to any other project without the approval of the General Manager /
Engineer-in-Charge.
3.01 The contractor shall deploy adequate number of matching equipment/dumpers at
least as per NIT for the satisfactory execution of the work.
3.02 Only tipping trucks with mechanical unloading arrangements shall be deployed by
the contractor and in no case "Dala" trucks shall be deployed or permitted to be deployed
for the work.
3.03 Only equipment, as elaborated above, in good and safe condition having valid
fitness certificate permits/ licenses etc. (wherever applicable) and in respect of which the
required taxes/ fees have been deposited and which are properly covered by insurance,
shall be deployed for the work.
The company shall have the right to inspect or arrange inspection of the vehicles/
equipment deployed by the contractor for the work at any time and declare any vehicle/
equipment unsafe and ask for its immediate withdrawal from the site/ operation. The
contractor shall ensure prompt/ immediate compliance of the same.
3.04 The contractor shall at his own cost, arrange for regular checking/ maintenance/
repair of the tipping trucks/ equipment and keep them in good and safe conditions at all
times.
Proper records of such checking/ maintenance/ repair shall be maintained in a Log Book
kept on the equipment / vehicle for the purpose, which shall be readily available for
inspection whenever required.
The contractor shall at his own cost arrange for all materials, stores, spares, tools, tackles
etc. and maintenance / repairs of the tipping trucks/ payloaders/ equipments required/
deployed for the work. The company shall have no liability whatsoever on this account.
3.05 Only experienced, skilled and disciplined operators / drivers of sound health, good
behavior and antecedents having valid and requisite driving/statutory license shall be
deployed by the contractor for operating the equipment/ driving dumpers deployed for the
work.
45
In no case any unauthorized driver of the tipping trucks or operator of pay loaders/
equipment shall be permitted by the contractor.
The Contractor shall post adequate number of competent, experienced, skilled and
disciplined persons having good antecedents for satisfactory execution of the work. A list
of all such persons shall be kept in the office of the contractor and a copy of the same
shall be furnished to the General Manager/Project Officer as and when required. All these
persons shall be in the regular employees and under direct administrative control of the
contractor and the management shall have no responsibility/ liability whatsoever in this
regard.
3.06 The tare-weight, gross weight, maximum carrying capacity of the dumper / tipping
truck and the dimensions of the body of the dumper / tipping truck shall be clearly
indicated on the body of each dumpers deployed for the work and maintained in good
legible condition, at all times.
All tippers shall have its registration number written with paint on both sides of the tipper
body (Dala) of 3”-4” size letters/numbers apart from usual number in front and back which
is properly fixed and no hanging number plate will be allowed.
3.07 No addition or alteration to the size of the body or any such dumper / tipping truck
shall be carried out, without prior approval of the Project Officer/ General Manager.
The dumper / tipping truck shall be loaded only up to the maximum carrying capacity and
shall not be overloaded under any circumstances.
4.00 No manual workers shall be engaged by the contractor for loading/ unloading of the
dumper / tipping truck or loading of wagons, under any circumstances whatsoever.
5.00 The contractor shall bring/ take back and arrange for the transportation of the
dumper / tipping truck / equipment/ men and materials required for the work at his own
cost.
6.00 Contractor's dumper / tipping truck should ply only on specified routes/ roads. In
case, plying of the dumper / tipping truck on any other route/ road become necessary, due
to any reason, prior approval for the same shall be taken by the contractor from the
Project Officer/ General Manager. In case of violation of this provision penalty may be
imposed on the contractor and/ or the contract terminated.
7.00 The work shall be executed round the clock or during specified period on all the
days of week as directed by the Project Officer/ General Manager and the contractor shall
be obliged to comply with the same.
8.00 The contractor shall not have any claim whatsoever for the idleness of his
equipment / dumpers due to non-availability of working site or any dislocation enroute and
/ or for any other reason.
9.00 The contractor shall maintain proper records in English/ Hindi of the trucks/
equipment/ persons, etc. deployed for the work, work done, daily attendance of the
employees, payment to the employees etc. and the Company shall have the right of
access to and inspection of these records or to call for any or all these records or ask the
contractor to submit such reports as it considers necessary and the contractor shall be
bound to comply with such instructions.
46
10.00 The Company shall have no responsibility/ liability whatsoever for any accident/
damage to the contractor's vehicle/ equipment in transit or while engaged in the work.
11.00 If the Company suffers any loss on account of suspension of production or idleness
of its equipment/ employees or on any other account or damage to its property, due to
any failure on the part of the contractor or due to any act of omissions or commission on
the part of his representative/ employees or from the trucks/ equipment of the contractor,
the value of the same as assessed by the Company, shall be recovered from the
contractor's bill/ security deposit. The decision of the company in this regard shall be final
and binding on the contractor.
12.01 Where wagons are being weighed at the loading end, payment for coal/middlings
transported to the siding/ CHP (where wagons are being loaded), loading of the tipping
trucks by the Contractor's pay loader (s), picking, breaking and wagon loading by
Contractor's pay loader (s), shall be made on the basis of the RR weight of coal/middlings
despatched, duly reconciled with the measured quantity every month and after effecting
deductions of penalties/ recoveries as per terms & conditions of this contract.
12.02 (i) Where wagons are not being weighed at the loading end, payment for the items
of work stated in 12.01 above shall be made on the basis of the actual weight of coal
received by the Power Houses/ consignees as per the weighment of the wagons at their
end, duly reconciled with measured quantity every month.
(ii) If in the case of wagons not being weighed at the loading end, the payment is made by
any consignee on the basis of RR weight, the contractor (s) shall be paid accordingly
however duly reconciled with measured quantity
(iii) In the case of wagons not being weighed at the loading end, 90% payment for items
of work stated in 12.01 above shall be made provisionally on the basis of RR weights.
Balance payment shall be made after reconciliation, as explained in (i) above and
effecting deduction of penalties/ recoveries as per terms & conditions of this contract.
12.03 In the case of coal transportation from face to stock if the trucks/tipping trucks are
not being weighed, payment shall be made on volumetric measurement of the coal
transported, converted to weight as per conversion factor adopted by the company for the
work duly reconciled with the measured opening and closing stocks for the month and offtake from stock to the siding/ CHP as per 12.01/12.02 above and payment shall be made
to the contractor (s) accordingly.
12.04 In case two or more contractors are engaged for the transportation work, the reconciled total quantity for the month arrived at in 12.01/12.02 & 12.03 above shall be
distributed between the transporting contractors, in proportion of the number of trips
performed by each, during the month or in any other manner which the General Manager
considers more appropriate.
12.05 In cases there is mixed contractual and departmental transportation to
stock/CHP/Siding, the quantity transported departmentally shall be separated to arrive at
the quantity transported contractually for 12.01/12.02 & 12.03 above.
13.00 In case two or more contractors are engaged on picking/ breaking and wagon
loading, the distribution of the reconciled quantity for the month, arrived at in clause
12.01, 12.02 & 12.03 above.
47
14.00 In case of transportation of coal to the Washery, payment shall be made on the
basis of the actual quantity received at the Washery, as per weighment of the trucks at
the washery end, subject to such verification as the General Manager may consider
necessary and appropriate.
In case the washery weighbridge goes out of order, the Project Officer shall make
alternative arrangement for weighment of the trucks or the weight at the loading end shall
be taken as the weight of coal received at the washery, subject to such checking/
verification as the Project Officer/ General Manager may deem necessary.
15.00 In case the weighbridge of the loading end goes out of order or is not available, the
Project Officer/General Manager shall make alternative arrangement for weighment of the
trucks or such arrangement (s) as he considers necessary to ensure that all coal loaded
at the loading end reaches the destination.
16.00 In case the tipping truck / dumper is being weighed both at the loading end as well
as unloading end, the figures of weighment at both the ends shall be reconciled every
month in respect of each contractor and if there is any shortage of coal received at the
unloading end, the value of coal found short, will be deducted at double the then
prevailing rate including all royalty, cess, from the security deposit of the transporting
contractor (s) concerned or otherwise, specifically mentioned in work order/agreement.
17.00 No payment shall be made to the contractor for stone/ shale/ bands/ extraneous
materials segregated at the siding/ coal handling plant/ stock/ washeries in the process of
dispatching coal to consumers.
18.00 If the work of transportation/ removal of picked out band/ shale/ stone/ extraneous
materials/ overburden/ washery rejects is contracted out payment for the same shall be
made on the basis of volumetric measurement of trucks, duly verified against the
volumetric measurement of such materials at the site of unloading where weighment of
such materials is not possible.
19.00 In case two or more contractors are engaged for loading of wagons at any siding,
the allocation of wagons to be loaded by each of them will be decided by the Project
Officer/ General Manager, which will be final and binding on each contractor.
20.00 Wagons supplied at the siding shall be loaded by the contractor (s) within the free
loading time given by the railways / any period decided upon by the management. Such
time period may vary periodically.
21.01 (i) If the demurrage of wagons occur due to less availability of coal at the siding
because of less transportation of coal, the contractor shall be held responsible and liable
for the same and the demurrage charges incurred shall be recovered from him.
(ii) If the demurrage is due to failure on the part of two or more coal transporting
contractors the demurrage charges shall be apportioned by the General Manager/ Project
Officer, amongst the concerned contractors as he considers appropriate and his decision
in the matter shall be final and binding on each of these contractors.
21.02 (i) If the demurrage occurs due to failure on the part of contractor the demurrage
charges incurred shall be recovered from the contractor.
(ii) In case there are two or more contractors for wagon loading, the contractor who has
not completed the loading of all the wagons allotted to him, within the free loading time,
48
shall be held responsible and liable for the demurrage and demurrage charges for the full
rake shall be recovered from him.
(iii) In case demurrage of any rake occurs due to failure on the part of two or more wagon
loading contractors, demurrage charges for the rake shall be recovered in proportion of
the number of wagons allotted to each of them for loading.
21.03 (i) If the demurrage of wagons occurs due to failure on the part of the picking and
breaking contractor, for not making available adequate quantity of clean and sized coal
free from stone/ shale/ extraneous materials, he shall be liable for the demurrage charges
incurred and the same shall be recovered from him.
(ii) In case the demurrage occurs due to failure of two or more picking/ breaking
contractors, the demurrage charges shall be apportioned in the manner as considered
appropriate by the Project Officer/ General Manager and his decision shall be final and
binding on each of the concerned contractors.
22.01 The contractor, if allowed to load wagon, shall be also responsible for cleaning of
the siding tracks/ between the line and on both sides of the same, leveling of coal loaded
into the wagons and lime washing on the top of the same, in respect of the wagons
allotted to him/ each of them.
In case any rake is put on demurrage/ any penalty is imposed on the company for failure
on the accounts, the same shall be recovered from the contractor/s concerned.
22.02 In case any derailment of wagons occurs due to non-cleaning of the tracks by the
contractor, if allowed to load wagon, the charges/ penalties for the same levied by the
Railways as also the demurrage charges for the same shall be recovered from the
defaulting contractor (s).
22.03 All such charges/ penalties shall be apportioned between the defaulting contractors,
as the General Manager thinks fit and reasonable and his decision in all the above cases
shall be final and binding on the contractors concerned.
23.00 In order to ensure proper loading of wagon, the contractor shall ensure loading upto
proper level keeping in view the stipulated carrying capacity of the wagons and the
loading will be done as per directions of Colliery/ Project/ Area officials responsible for
the supervision of the loading of wagons at siding.
24.00 The contractor shall load clean coal free from stone/ shale/ bands/ extraneous
materials and of stipulated size.
(Note: Provisions at clause 12.01 to 24 shall be guided by provisions of “Measurement of
Coal Removal and Regulations in Payment of Coal” under Special Notes and Additional
Terms and Comdtions)
25.00 The monthly rate of removal of OB and extraction of Coal shall be as per removal
schedule of the agreement. However, the Engineer-in-charge (GM/Project officer) may
call upon the contractor, for a limited period, to increase monthly rate of removal of
OB/Coal or both up to +20%. The contractor shall make necessary arrangement for the
increased rate of removal and no claim shall lie against the company on account of such
increase ordered.
In case of exigencies the Engineer-in-charge may call upon the contractor, for a limited
period, to increase monthly removal of OB/Coal or both to a further higher range (mutually
agreed), and no claim whatsoever shall lie against company on account of such variation
ordered.
49
26.00 In case a contractor fails to deploy adequate number of equipment, the company
may, without any reference to the contractor, deploy its own equipment and or make
alternative arrangements. The extra expenditure incurred by the company for such use of
company’s equipment or for making alternative arrangements shall be recovered from the
contractor.
27.00 The contractor shall provide foot-wears, DGMS approved helmets, dust musk
florescent jacket, safety appliances and other protective equipment, to his employees as
provided in the law, at his own cost. In case of failure on the part of the contractor to
provide these Protective equipment, the company may provide the same to the
employees at the cost of the contractor.
28.00 Attested photocopy of Driving License of all contractor’s drivers / operators shall be
deposited with the company.
29.00 Materials obtained from excavation: Material of any kind obtained from excavation on
the site shall remain the property of the company.
All fossils, coins, articles of value or antiquity, structure and other remains or things of
Geological or Archeological interest, discovered on the site shall be the absolute property of
the company. The contractor shall immediately upon discovery thereof, and, before removal
inform the Engineer-in-charge.
30.00 The contractor will attend site co-ordination meeting as fixed by the Engineer-incharge from time to time to discuss all issues related to works in general and progress in
particular. A site order book shall be kept at the site of work as far as possible, all orders
regarding are to be entered in this book. All the entries shall be signed by the Engineer or
his representative and contractor or his representative. The site order book shall not be
removed from the work site and contractor or his representative shall be bound to take note
of all instructions and directions meant for the contractor.
31.00 Income Tax deduction at source will be regulated as per IT Act 1961.
32.00 Price Variation Clause
If the prices of diesel increases or decreases and/or there is change/variation in the CIL
approved contractors workers wages, the contractor shall be compensated for such
increase or recoveries shall be made from the dues of the contractor for such decrease as
per provisions detailed below and the amount of the contract shall accordingly be varied,
subject to the condition that such compensation for variation in prices/wages shall be
available only for the work done during the stipulated period of the contract including such
period for which the contract is validly extended under the provisions of the contract
without any penal action. If the contract is to be extended beyond the stipulated period for
completion of the work due to fault on the part of the contractor, escalation on
prices/wages should not be allowed further if not provided otherwise in the accepted
contract.
Where the contract period is upto six months, no compensation for price variation will be
paid. Where the contract period is more than six months, compensation for price variation
in the price of diesel and/or change/variation in the CIL approved contractors workers
wages only will be paid/ recovered in accordance with the escalation formula provided in
the special terms and conditions. Such compensation for variation in the prices/wages
when due shall be worked out based on the following provisions:
32.01 Where the contract period is more than 6(six) months, compensation for price
variation will be paid / recovered.
50
32.02 The base date for working out such price variation shall be the last date on which
tenders were stipulated to be received.
32.03 The contractor shall submit certified copy of price of diesel from retail outlet of
IOC/BP etc. nearest to the work site or certified copy of price of diesel on Bulk
Consumption basis from the dealer of IOC/BP etc. nearest to the work site, as the case
may be. Subsequently the contractor shall also submit an undertaking alongwith
documentary proof in respect of the basis of procurement of diesel for their own
consumption.
32.04 Applicability of price variation (summarized position):
Item of work
Contract period less
than six months
NIL
Contract
period
more
than
six
months
Price variation on
diesel & wages
-do-
Composite rate (Rs./cu.m.) of
excavation & removal of OB
Rate (Rs./cu.m.) of removal of
loose dumped OB
Composite rate (Rs./Te) of
excavation & removal of coal
Rate (Rs./mtr.) of drilling blast
holes in coal and OB
NIL
NIL
-do-
NIL
-do-
32.05.1
a) Rates will be updated for variation of diesel price from the base diesel price as per
the following formulae.
Composite rate (Rs./cu.m.) of excavation & removal of OB
(Rn) = R×[1+{0.41×(D2 - D1)/D1}]
Rate (Rs./cu.m.) of removal of loose dumped OB
(Rn) = R [1+{0.41 ×(D2 - D1)/D1}]
Composite rate (Rs./Te) of excavation & removal of coal
(Rn) = R×[1+{0.42×(D2 - D1)/D1}]
Rate (Rs./mtr.) of drilling blast holes in coal and OB
(Rn) = R [1+{0.50 ×(D2 - D1)/D1}]
Where,
Rn = Revised rate due to change in price of diesel.
R=Base Rate
D1 = Base price of diesel in (Rs./ltr.)
D2 = Changed price of diesel in (Rs./ltr.)
b) Rates will be updated for variation of CIL approved contractors workers wages from the
base CIL approved contractors workers wages as per the following formulae.
Composite rate (Rs./cu.m.) of excavation & removal of OB (Rn) = R×[1+{0.03×(W2 W1)/W1}]
Rate (Rs./cu.m.) of removal of loose dumped OB (Rn) = R×[1+{0.03×(W2 - W1)/W1}]
51
Composite rate (Rs./Te) of excavation & removal of coal (Rn) = R×[1+{0.07×(W2 W1)/W1}]
Rate (Rs./mtr.) of drilling blast holes in coal and OB (Rn) = R×[1+{0.09×(W2 - W1)/W1}]
Where,
Rn = Revised rate due to change in wage/manshift.
R = Base rate
W1 = Base wage in (Rs./manshift)
W2 = Changed wage in (Rs./manshift)
Base Wage(W1) = 0.80x Base Skilled wage + 0.08x Base Semiskilled wage +
0.12x Base Unskilled wage
Changed Wage(W2) = 0.80x Changed Skilled wage + 0.08x Changed Semiskilled wage +
0.12x Changed Unskilled wage
The wage will constitute the (Basic rate + Variable Dearness Allowance) and 12% CMPF
(as applicable)
52
SPECIAL NOTES AND ADDITIONAL TERMS & CONDITIONS FOR HIRING CONTRACT
EXCAVATION, REMOVAL OF OVERBURDEN, EXTRACTION OF COAL
AND TRANSPORTATION
1. Scope of Work:
The contractor, at all times during the contract period, ensure the fulfillment of its
obligation in respect of excavation, removal, depositing of overburden, extraction and
delivering coal in accordance with applicable laws, mining plan, the provisions of the
agreement and good industry practice.
The contractor shall remove overburden excavated from mines/specified locations and
deposit the same, as per provisions of the agreement, at specified locations decided by
Engineer Incharge or shown in the mine plan.
The contractor shall extract coal from mines and deliver at specified location as per
provisions of the agreement at specified location(s) decided by the Engineer incharge.
The contractor agrees and undertakes that the geometry of the mines including bench
height and width of coal seams, Overburden and inter-burden shall at all times conform to
provisions of this agreement, statutory provisions and standard industry Practice.
The work proposed covers removal of OB, de-coaling of area and back filling / dumping
the same with available excavated spoils by deploying HEMM. The contractor is expected
to execute any of the above work or all the works as per items covered under Bill of
Quantities.
This scope of work thus covers any or all of the following as specified in the Bill of
Quantity:i)Removal / Excavation of earth / soil(all kinds) / rock (all kinds) in various strata at all
depth including transportation of the same, following approved route, dumping, spreading
/ dozing and allied works in specified dumping area(s) / adjoining area(s) / subsided
area(s) / existing dump(s) using heavy earth moving machineries.
ii) Extraction / winning of coal (free from extraneous materials) from various strata and its
transportation following approved route upto specified area like, departmental stock yard /
coal dump / railway siding / coal handling plant etc. as desired by department using
HEMM.
iii)Loading into wagon deploying HEMM as and when required.
iv) Refilling / back filling of affected area after winning of coal including loading,
transportation, dumping, spreading, compacting etc. all by mechanical means. Such
refilling / back filling may be carried out simultaneously during excavation and
transportation stage of overburden i.e. earth, soil, rock (all kinds) depending on availability
of de-coaled area as per direction / approved work plan.
v) Crushing of coal as per description in BOQ of tender document/price bid.
Crushing of coal into (-) 100 mm size (all dimensions) by electrically operated mobile
crusher with spreader including feeding of coal to mobile crusher. The element includes
providing & installing suitable & matching crushing arrangement as per NIT with all
53
infrastructures including operation, repair & maintenance of the crushing arrangement.
(Electricity will be supplied free of cost by BCCL).
Coal is to be crushed below 100 mm size. In case of any complaint for oversize coal, for
which deduction has been made by the consumer from BCCL, the same amount will be
deducted from the contractor’s bill.
This will be the contractor’s responsibility to ensure that personnel engaged by him for
operation & maintenance / repair of the plant posses requisite statutory certificates.
It should be the duty and responsibility of the contractor to report to the management as
soon coal is exposed / likely to be exposed.
The contractor expressly agrees that excavation, removal of overburden, extraction of
coal and delivery of coal shall be as per agreed work schedule.
Contractor shall be solely responsible for security of the extracted coal till delivery up to
the department’s specified destination. Contractor shall indemnify the company from any
pilferage in handling of coal and also be liable to pay compensation for any mishandling
of such materials at any stage of operation upto the delivery at the destination.
2. Equipment:
The contractor shall deploy their diesel operated heavy earth moving machineries
consisting of any or all of the following:
a) Shovel / Scrapper / Excavator.
b) Dumper / tipper.
c) Dozer / Grader.
d) Wagon drill / blast hole drill and other deep hole drilling equipment.
e) J.H. Drill.
f) Compressor.
g) Water sprinkler.
h) Pay loader.
i) Surface Miner
j) Pump / Motor
k) Any other equipment required for completion of the work.
Numbers, Size and capacity of such equipments shall be brought to site considering bid
provisions, if any, or as directed by department to facilitate required output within the
specified time frame and also environmental consideration.
3. Working Parameter:
a) The area required to be excavated shall be shown in the plan / drawing given by the
Engineer-in-charge. The contractor should sign the plan with pre-level survey and same
should be the base plan for working.
b) The area thus set out shall be cleared from all obstruction such as rubbish of all kind,
vegetation, bush etc. No additional payment shall be made to the contractor for such
works.
c) After clearance of site, the central line of excavation will be given by the engineer-incharge or his representative and it will be the responsibility of the contractor to go ahead
with further detailed layout, bench marks etc. The permanent bench marking by
constructing pillars, centers shall be permanently laid by the contractor at his own cost
and shall remain at places till handing over the work/completion of the work.
54
d) The proposed site including the size of the block may vary depending upon geo-mining
conditions and subject to mine working condition.
e) The site of dumping as shown in plan or as originally conceived may change
depending on availability of space.
f) The deployment of equipment is to be done by the contractor, considering the working
conditions, depth of the mine working, etc. in consultation with the Engineer Incharge.
g) Excavation shall include removal of coal/soil as deliberated at 1(i) & (ii), all kinds (wet
or dry) exactly in accordance with all levels and contours shown on the plan or as directed
by the Engineer In Charge. No extra payment will be allowed for removal of semi liquid
mud/sludge during the entire excavation of soil / or rock including coal and the rate
quoted for the respective items of work shall be deemed to have been covered by the
same. It shall be taken to the exact level and gradient of the lowest floor and the sides
shall be cut by maintaining the statutory benches as required for the purpose.
h) Environment Protection Act, 1986 and rules and regulations made thereunder from
time to time are to be strictly followed for blast hole drilling, blasting, excavation, loading,
hauling and dumping of broken rocks / soil-earth by mechanical means. Air pollution
control measures are to be adopted as per SPCB and CPCB norms. Sufficient Sprinklers
are to be used to prevent air pollution. Dumping of OB shall be at specified location.
Height of dump, slope of the dump is to be followed as per instruction of EIC.
The contractors shall follow the relevant provisions of clearance, as communicated by
Ministry of Environment and Forest (MOEF),as applicable for the mine / project and also
instruction of Engineer-in-Charge.
i) Explosives:- Supply of explosives, detonators and related materials and accessories will
be made by company free of cost. The quantity to be issued shall be to the extent as per
established norms for such work.
The services of Statutory supervisory personnel as required for the work will be provided
as and when considered necessary by the management free of cost. Blasting shall be
done by department free of cost. However, necessary supporting manpower required for
such blasting is to be provided by the Contractor. Department shall transport the
explosives from departmental magazine.
j) Overburden is to be dumped at site indicated by Engineer-in-Charge or his
representative. Necessary access road /haul road as required for the work for movement
of vehicle / HEMM to the place of work and for transportation of excavated soil / rock to
disposal point are to be made / maintained (as the case may be) by the Bidder for which
no extra payment shall be made. For management of OB dump yard, haul roads, and
working faces, dozers and graders are also to be provided. The contractor’s quoted rate
shall be deemed to cover the same.
However, if soil transportation route follows any existing road (colliery road / DB road
etc.), the maintenance of the same shall be the responsibility of management /
appropriate authority.
Extracted coal is to be transported to appropriate dump yard / railway siding / stock yard/
CHP / washeries etc. as decided by Engineer-in-charge. Necessary weighment through
designated weighbridge shall also be covered in the scope of work, if so required.
Necessary access/haul road for extraction of coal shall also be the responsibility of the
Bidder including its making and maintenance. For management of coal dump yard(s),
55
haul road(s) and working face(s), dozer(s) and grader(s)are also to be provided. The
contractor’s quoted rate shall be deemed to cover the same.
However, if the coal transportation route follows any existing road( colliery road / DB road
etc.), the maintenance of the same shall be the responsibility of management /
appropriate authority.
k) Face advance shall be as per approved mine plan/ section. OB removal and coal
extraction shall be as per agreed work schedule. In respect of existing mines/workings,
this can be seen at the office of CGM/GM of concerned Area.
l) The Bidder shall make his own arrangement of dust suppression by water spraying at
faces, loading points, haul roads, transportation roads and dump yards etc. Water, if
available, at working site with the authorities / department, shall be spared free of cost. In
case of non-availability of such water, arranging water for dust suppression shall be the
responsibility of the Bidder.
m) De-watering and drainage arrangement, as long as required, during the entire
execution of work arising out of rain, sub soil water or stored water shall be the
responsibility of the Bidder. Volume/ quantity of pumping/dewatering to be specified if
possible.
Note: Dewatering of some stagnant water in V/VI/VII/VIII seams working, strata
seepage water, pumping of normal mine water during working of the OC patch and
expected rain water is to be carried out by the contractor.
The contractor will have to provide necessary pumping machineries and pipes.
In the event of failure to provide required pumping arrangement by the contractor to meet
agreed work-schedule or Safety of mines, the company through its Engineer-in-Charge
may provide necessary pumping arrangement. The cost incurred for the same as derived
shall be recovered.
n) Necessary quarry lighting as long as required during the entire execution of work shall
be the responsibility of the contractor.
NOTE: However, company may decide based on location / mining consideration if
drainage /de-watering / quarry lighting can be done departmentally. In case
departmental de-watering and quarry lighting is preferred, the same be indicated in the
bid document and necessary modification on (m&n) above can be incorporated
indicating that the same shall be free of cost.
o) The contractor shall facilitate cleaning of faces, preparation of ramps and other work
to facilitate movement and plying of machines deployed by him. Necessary equipments
like dozers, graders etc. shall be deployed by the Bidder and shall be considered as a
part of work.
p) Earth as available in the excavation may be kept revived for use / used as far as
possible in the top layer or reclamation / covering the back filling or as directed.
q) The management shall not be liable for any compensation whatsoever in case of any
detention / idling of the machinery of the contractor for any reason. The contractor will
fully indemnify/compensate the company for the loss suffered by the company due to
stoppage of work by the contractor and / or his employees / workers on his / their own
accord / and / or for any damages caused to any property of Company or others due to
any act of omission and commission on the part of the contractor and / or his employees.
The assessment made by the company in this regard shall be final and binding on the
contractor.
56
r) The custodial responsibility in respect of the property of the management or of the
contractor will rest on the contractor fully from the date of the issue of Letter of
Acceptance / Work Order till the completion / termination of the work and handing over
the property back to the management.
s) The company shall provide the required land for execution, entirely or in a phased
manner. The Company may restrict the magnitude of the work depending upon the
availability of land for the purpose for which the contractor will have no claim on
Company and no compensation on this ground will be paid to the contractor other than
as mentioned under the general terms and conditions of the contract.
t) The cost of manpower & materials required for making pillars etc. for survey
measurement shall be to the account of contractor and rates quoted by the Bidder shall
be deemed to have included all such costs.
u) Company would not be liable for any compensation due to stoppage / change in
scope of work, due to local disturbance, change in Govt. policy, law and any order of
judiciary, obstruction or delay by any outside elements / agency.
v) Geometry, cross section etc. of haul roads etc. will have to be got checked by the
Safety and Civil Engineering Department of the concerned project of company before
putting in use.
4. Detailed Scope of Work: HEMM as detailed in clause no.2 above and others as
required shall have to be engaged by the contractor for the works as detailed below
subject to stipulation in BOQ.
a. Excavation of soil (all kinds and at all levels) and / or rock(all kinds, all strata and
at all levels) from company’s land and / or from the land (arranged by the
company) at all depth as decided by EIC.
b. Necessary preparation of site and drilling holes to facilitate blasting (spacing and
size of drilled holes shall be in consultation with management’s representatives
on day to day basis so as to avoid dispute and fragmentation of rock) in all soil
and all rock stratas. The agency will be responsible for drilling in all gradient /
terrain and stemming during charging of explosives as per requirement.
c. Facilitating blasting as described at 3 above
d. Loading the excavated spoils into dumper / tipping truck (size of such tipping
tuck / dumper shall be as per NIT or as decided by management to limit
pollution level).
e. Transporting, unloading and dumping the spoils on dump site or on the land
arranged by the management / existing dump(s) and spreading or simultaneous
dumping and spreading in layers for filling de-coaled area(s) or subsided area(s)
by mechanical means.
f. Necessary drilling to facilitate blasting (spacing and size of drilled holes shall be
in consultation with management’s representative on day to day basis so as to
avoid dispute) in coal strata if applicable. The agency will be responsible for
drilling in all gradient / terrain and stemming during charging of explosives as
per requirement.
57
g. Winning and extraction of coal from all strata, using conventional technology
such as use of excavator / drill etc. (capacity and size shall be as per NIT or as
decided by management to maintain targeted production within specified time
period) as per provision of BOQ.
h. Facilitating blasting as described at 3 above.
i. Winning and extraction of coal using surface miner from all strata (capacity and
size of surface miner shall be as per NIT or as decided by management to
maintain targeted production within specified time period) as per provision of
BOQ.
j. Loading of coal into tipper / dumper, its transportation and unloading at the
destination fixed by the EIC and stacking properly.
k. Loading into wagons by pay loader (as per provision of BOQ).
l. Making and maintaining haul roads, access roads. In case of existing mines
where haul road already exists, maintenance of the same shall be within the
scope of work.
m. Back filling the coal faces after completing extraction of entire coal by way of rehandling of excavated dumped spoil (soil & rock) laid in layers and compacted
only when specified in BOQ.
n. De-watering, drainage arrangement and quarry lighting as long as required for
the entire execution / operation of the work including at the coal benches (if
specified in the BOQ). The contractor will have to provide required pumping
arrangement along with pipings.
o. Electrical power, required by the tenderer for the purpose of Site office and any
workshop set up during execution of the work shall be provided by Area in form
of a suitable electrical point as near to these premises as practically possible.
Tenderer will have to draw his own distribution lines and install metering devices
for recording of energy consumption. Tariff will be deducted as per Company
rules. Pumping and quarry lighting shall be done by the contractor at his own
cost during the progress of work with all statutory provisions as the case may
be.
p. Dust suppression by spraying water at workings as well as haul roads / roads.
q. All other miscellaneous works for completion of the items of works as per BOQ
5. Measurement of O.B. and Coal:The measurement of O.B. and Coal shall be done by the surveyor along with the
agency in accordance with survey measurement as prescribed in the code for uniform
system of maintenance, control and verification of coal stock in all mines of CIL, as
described below :
Initial surveying and leveling: a) Before an area is taken up for opencast mining, masonry pillars are constructed at
30 Meter intervals. The pillars are so constructed that when they are joined in one
direction, a series of parallel lines is formed in the general direction of the proposed
face/ faces. The lines formed by pillars joined in another direction will be at right angle
to the first set of lines. The ground levels at the pillars and at 15 meter intervals will be
taken. In case of a working quarry, pillars will be constructed on the solid ground in the
virgin area of the quarry. The levels will however, be taken in the working area as well
as in the virgin area. Each pillar will be numbered and the number engraved in it.
58
b) In case of working opencast mines where masonry pillars as indicated in (a) above
were not constructed, a base line should be laid with masonry pillars constructed at 30
Meter intervals. Another line should be laid at right angle to this base line on which also
masonry pillars should be constructed at 10 Meter intervals. These two lines should
become the reference lines which should be utilized for making quarry sections at 15
Meter intervals parallel to both the reference lines. The first set of section should be
made based upon surveying and leveling conducted by the Area surveyors which
would give initial profile of the opencast. Thereafter, every month surveying should be
carried out for making the new profiles of the opencast in order to arrive at the quantity
or correct excavation of coal and overburden.
c) In case of opencast mine being worked on developed workings either in single
section or multi-sections, offset survey should be carried out to assess the quantity of
coal locked in pillars/ stooks and partings. This will form the basis of calculation of
extracted quantity of coal when the pillars/ stooks and partings are mined out by
opencast method.
The running on account bill will be raised every month or stipulated in the work order/
contract agreement and payment will be made within 30 (thirty) days from the date of
passing of the bill by the executing authority.
6.1
If the surface is too much undulated, the intervals of measurement may be suitably
reduced from 15 Meter.
6.2
Maintenance of records:The plan of the quarry will be drawn on cartridge paper on 1:500 scale and the ground
level will be recorded at 15 Meter intervals. The intervals may be further reduced, if
found necessary. The number of each pillar will be recorded on the plan.
6.3
Subsequent Surveying and Leveling :The levels of the overburden at 15 Meter intervals at the exact spots, where initial
levels were taken, will be taken in the working area at the end of each month. The
dates of all such measurements and also the date of initial measurement will be
recorder on the plan along with the reduced level of each point. If the entries are too
numerous and difficult to accommodate on the plan, a register may be maintained for
recording the levels with dates.
6.4
When coal seam is exposed, the levels of top of the seam will be taken before the coal
is extracted. Similarly, the levels of floor will be taken before the area is back filled or
allowed to get drowned.
6.5
In the excavated portion also, the levels of the points along the grid where there are
abrupt changes in the levels should also be taken.
6.6
A Bench Mark and a base line will be maintained at suitable places away from the
quarry on firm undisturbed ground. The levels and positions of the pillars should be
rechecked in reference to the bench mark and base line every six months.
6.7
Measurement of Overburden Removal:Any standard method for measurement of quantity of overburden removed can be
adopted. But, once a method is adopted it will not be changed. Either of the two
methods as described at sl. No. 14 & 15 at page- 3 of ‘Code for uniform system of
maintenance, control and verification of Coal Stock in all mines of CIL shall be
adopted.
59
6.8
Measurement of Coal Removal:Volumetric measurement of coal production can be found out in the same manner as in
the case of OBR. In this case the levels from top of the seam up to the floor of the
seam will be considered.
6.9 Measurement and billing terms and conditions for drilling blast holes :
i) Before deployment of the contractual drilling machine in a hired OC patch the concerned
Area has to prepare an offset plan of scale 1 : 200 and section block wise against each
month showing the drilling pattern specifying the spacing, burden, depth of blast holes,
number of blast holes and total length of drilling required during the month. Such month
wise plan and section of drilling blast holes shall be prepared by the colliery surveyor/
survey officer duly vetted by Blasting Officer, Manager and Project Officer and to be
approved by Area General Manager each month. After approval of such month wise plan
of drilling blast holes a copy of the approved plan of drilling blast holes will be provided to
the colliery surveyor/ survey officer, Blasting officer and the contractual agency and drilling
will be done strictly as per the approved plan of each month.
ii) Before deployment of the contractual drilling machine, blasting officer of the mine along
with surveyor has to mark the position of number of blast holes to be drilled as per the
approved drilling plan.
iii) The colliery surveyor in association with blasting officer and contractor or his authorized
representative has to measure the depth of each hole drilled duly marked on daily basis
before blasting and record is to be kept in a bound paged register treated as the
Measurement Book (MB) duly signed by surveyor, blasting officer, manager and the
contractor or his representative.
iv)In case there are some hole(s) which has not been drilled as per the desired specification
such holes are liable to be rejected with note in the MB and no payment shall be made
towards such rejected holes.
v) The blasting officer shall keep the record of charging and blasting of number of holes
corresponding to the measurement record as mentioned at sl.No.(iii) above. In case there
are holes left un-blasted after a round of blasting the same to be recorded by the blasting
officer as per the blast hole number recorded in the register as mentioned in sl.No.(iii)
above.
vi)The colliery surveyor shall keep the date wise detail of drilling and blasting in two different
colour on the approved offset plan as mentioned at sl.No.(i) above. Such plan shall be
signed by the surveyor, blasting officer, Manager and the Project Officer on daily basis.
vii) For the purpose of billing a separate register will be kept where the date wise depth of
drilling done along with total number of holes drilled will be recorded duly reconciled by
blasting officer and surveyor. This record will be signed by surveyor, blasting officer,
Manager, Project Officer, Addl.GM and General Manager and contractor or his
representative on fortnightly basis. A copy of the same shall be put up to Area Finance
Manager as the supporting document for the purpose of payment on monthly basis for
drilling blast holes subject to the approved monthly limit as mentioned in sl.no.(i).Further
total payment towards drilling blast holes in a hired HEMM OC patch will be limited to the
awarded amount for drilling of blast holes.
viii) Besides above every quarter the total length of drilling of blast holes will be reconciled
by an external committee in respect of quantity of OB and coal excavated, quantity of
explosives used and powder factor gained.
7. Regulations in payment for coal
The volumetric quantities of coal shall be calculated in accordance with prescribed
guidelines in above clause no.6.8. The same shall be converted in tonne and shall be
reconciled with the quantity dispatched as per weighment of Railway/Truck receipts.
Payment will be made on the lesser of the quantities as determined by the above modes.
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8. A) Payment will be released on quantity of coal dispatched outside the leasehold limits of
the quarry and quantity of overburden removed for the above purpose as calculated on the
basis of current stripping ratio as per mutually agreed ‘Work Schedule’ (time and progress
chart) drawn by the Area Authority and duly approved by CMD, BCCL. Payment of coal and
OB shall be regulated in the following manner:a) On account payment for removal of OB (as per average monthly quantity in work
schedule) will be admissible to the extent of 80% (eighty percent) of the quantity of
OB disposed off by the contractor till the time coal is exposed for extraction subject to
fulfillment of OB removal schedule.
b) Full value of payment due for coal dispatched within contract quantity shall be paid in
on account bills.
c) Full value of payment for OB actually removed or OB commensurate to coal
dispatched (as per current stripping ratio), whichever is less shall be paid in on
account bills.
d) 80% (eighty percent) of payment for OB removal in excess of commensurate quantity
within contract quantity will be paid in on account bills.
Above stipulation for progressive payment is to ensure compliance of targets as per
work schedule (time and progress chart) approved by CMD, BCCL, However, actual
quantity executed as certified in the joint measurement shall be paid in the final bill
after reconciliation.
B) Release of payment after extraction/production of coal and transportation to surface
dump by the contractor in those cases where the contractor is not responsible for nondispatch of coal from surface dump the following system is to be adopted:
i) 80% payment for the coal produced and transported up to Dump to be considered for
payment.
ii) Balance 20% payment from the above coal produced and transported will be released
only after dispatch of the total coal considered at Sl .No. (i).
iii) The volumetric quantity of coal produced/transported and dumped at Surface Dump as
per BOQ shall be calculated in accordance with the prescribed guidelines of the yellow
book and same shall be converted into tonne for considering the above payment.
iv) Final payment for coal will be regulated in accordance with clause of work order issued
to the Agency for the work.
v) Release of payment for the quantities of OB commensurate with 80% quantity of coal
produced (as per current stripping ratio) and transported to dump.
For releasing such payments as at ‘B’, approval of CMD, BCCL will be required with
information to Board. Area will only process such proposals where the contractor is not
responsible for non-dispatch of coal.
9.
Earth as available in the excavation may be kept revived for use/used as far as
possible in the top layer or reclamation/covering the back filling or as directed.
10.
The custodial responsibility in respect of the property of the management or of the
contractor will rest on the contractor fully from the date of the issue of Letter of
Acceptance/ Work Order till the completion/ termination of the work and handing over
the property back to the management.
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11.
The company (BCCL) shall provide the required land for execution entirely/ in a phased
manner and/or restrict the magnitude of the work depending upon the availability of
land for the purpose for which the contractor will have no claim on BCCL and no
compensation on this ground will be paid to the contractor.
12.
The cost of manpower & materials required for making pillars etc. for survey
measurement shall be on the account of contractor/contractors and rates quoted by the
tenderer deemed to have included the cost.
13.
The bidder shall give an undertaking in the form of an affidavit enclosed as Annexure-C
of tender document to the effect that they shall not utilize contract labour but shall
utilize their permanent workforce throughout the period of contract. The bidder shall
also comply with the statutory requirements of various acts including CL(R&A) Act.
14.
The bidders must accept the Integrity Pact online. The format of Integrity Pact is at
Annexure-H of tender document. Bidder must submit a signed copy of Integrity pact in
the office of CGM/GM of the concerned area.
Changes in the stripping ratio during execution shall not be considered as a change in
the conditions of the contract nor invalidate any of the provisions thereof but the same
will require approval in the following manner before making payment:(i) If the variation in stripping ratio is within + 20%, approval of CMD is required to be
accorded.
(ii) In case such variation in stripping ratio is beyond + 20%, the matter needs to be
placed before BCCL Board for approval and making payments accordingly.
Finally at the time of closure of the contract the matter will be put up before BCCL
Board for approval along with the proposal for closure of work irrespective of whether
the change in stripping ratio was approved by the CMD or by the BCCL Board.
15.
16.
The payment of wages to the contract workers should be made strictly through bank
cheques in case of contracts for a period of more than six months.
17.
All the payment will be made by ELECTRONIC MODE through bank. The bidders
should submit MANDATE FORM for e-Payment as per the format given in the bid
document at ANNEXURE- D
18.
Working up to 500 meters outside the boundary allocated in any direction, at the
same rate, terms and conditions may be executed under the scope of work for
this contract with approval of CMD and subsequent information to BCCL Board.
The distance of 500 meters will be duly certified by HQ Survey Department.
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SPECIAL NOTES AND ADDITIONAL TERMS & CONDITIONS FOR HIRING CONTRACT
CRUSHING OF COAL
Crushing of coal into (-) 100 mm size (all dimensions) by electrically operated mobile
crusher with spreader including feeding of coal to mobile crusher. The element includes
providing & installing suitable & matching crushing arrangement as per NIT with all
infrastructures including operation, repair & maintenance of the crushing arrangement.
(Electricity will be supplied free of cost by BCCL).
Coal is to be crushed below 100 mm size. In case of any complaint for oversize coal, for
which deduction has been made by the consumer from BCCL, the same amount will be
deducted from the contractor’s bill.
01 The contractor has to submit affidavit for ownership or hiring of electrically operated
mobile crusher with spreader as specified in the NIT.
The contractor should have capacity to deploy the mobile crusher with spreader
(capacity and nos as specified in NIT) including the ancillary equipments required and
to increase the equipment further, if required, based on the quantum of work
awarded.
02 Electrically operated Mobile Crusher with spreader procured by the contractor under
any hire purchase scheme will also be considered as if owned by the contractor.
03 Electrically operated mobile crusher with spreader will be required to crush coal for an
output of (-) 100 mm size coal as per the instructions of the Engineer-in-Charge at
site.
04 The rate for crushing of coal by electrically operated mobile crusher with spreader will
be excluding the cost of electricity which will be provided by BCCL free of cost.
05 Electrical power shall be provided upto a suitable point to the contractor for the
purpose of coal crushing, as practicably possible. The contractor has to make their
own arrangement for using the electrical power from the point provided by the
company for execution of the work.
06 The contractor shall make adequate arrangement for water spraying and other suitable
dust suppression measure while crushing of coal to keep air borne dust to minimum.
07 The contractor shall ensure the compliance of provisions of statutory obligations like
Prevention and Control of Pollution Act, 1974, Indian Electricity Rule, Coal Mines
Regulation etc as applicable.
08 The plant is to operate round the clock for all the days in a year. The contractor shall
provide all required material and manpower including the supervisors and other
technically skilled and unskilled labour for all the three shifts or as required for
operation, repair and maintenance of the mobile crusher with spreader, conveyors,
hoppers and other parts and machineries to ensure effective running of the plant.
09 Contractor shall provide manpower for segregation / removing of stone from the
hopper of Feeder Breaker if any.
10 Contractor shall provide and maintain sufficient number of fire extinguisher. Contractor
shall provide and maintain effective fire fighting arrangements.
11 In case of breakdown of any equipment in the system this will be immediately attended
by the contractor for necessary rectification to bring it to normal operation in the
shortest possible time. The contractor will make necessary arrangement for providing
supervisory services by themselves and if necessary by the original
equipment/system manufacturer’s service engineer at their cost.
12 All materials, tools, tackles and appliances for plant maintenance including those
required for dismantling, shifting, hoisting, lowering, fitting etc shall be provided by the
contractor.
13 Cleaning of the entire plant including all roads, drainage, plantation etc. will be in the
scope of the contractor.
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14 All statutory requirements are to be fulfilled by the contractor including labour license,
rules and regulation of DGMS and other statutory authorities including those of State
Govt., Central Govt, and BCCL.
15 Supply of all safety appliances required for the working personnel shall be in the scope
of the work.
16 Contractor shall depute only competent supervisors, who are experienced and skilled
in their respective fields to execute and supervise the work.
17 Skilled, semiskilled and unskilled labour as is necessary for the operation and proper
and timely repair & maintenance and upkeep the mobile crusher should be deployed
by the contractor.
18 The Contractor shall maintain at his own cost all security arrangement for protection of
the mobile crusher including places where maintenance is being carried out.
19 The contractor shall ensure insurance of all personnel engaged by him for any
accident during operation and maintenance of the mobile crusher.
20 The tenderer shall ensure that the persons deployed by them for the operation and
maintenance of the equipments comply with the Mines Act and any other Law for the
time being in force.
21 The contractor shall operate, repair and maintain the crushing plant in totality
throughout the entire contract period. The contractor shall provide sufficient
manpower skilled and unskilled to operate, repair and maintain the plant at a level to
meet system operating criteria.
22 To improve the service back-up the contractor shall establish a 24 hourly contact
point at Dhanbad by posting competent Engineer with all essential float units and
spare parts. He will also keep effective liaison with BCCL’s engineer. This
arrangement shall be apart from the site Engineers to be placed at Areas as may be
required.
23 The contractor must ensure maintenance of sufficient stock of readily consumable
items and spares required for the plant.
PRICE VARIATION CLAUSE FOR CRUSHING OF COAL BY MOBILE CRUSHER
The impact of price variation relating to changes in the CIL approved wages of different
categories of contractors' worker's subject to adjustment up or down may be worked out in
accordance with the following formula
Rn = R [1+{ 0.18 x (W 2 - W 1)/W 1}]
When,
Rn = Revised rate due to change in wage/manshift.
R = Base rate
W2= Changed wage in (Rs. /manshift) for skilled and unskilled contractor's workers will be as per
time to time communication of CIL for revision of the wage of contractor's workers to be
derived considering:
{0.67 x skilled wage [basic+DA+12% PF on (basic +DA)] } + {0.33 x unskilled wage
[basic+DA+12% PF on (basic +DA)] }.
W1 = Base wage Rs. per manshift for skilled and unskilled contractor's workers as indicated in
clause no. 12(xi) of General Terms & Condition to be derived considering
{0.67 x skilled wage [basic+DA+12% PF on (basic+DA)] } + {0.33 x unskilled wage
[basic+DA+12% PF on (basic +DA)] }
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VOCATIONAL TRAINING AND SAFETY REQUIREMENTS.
A) VOCATIONAL TRAINING
1) OBLIGATION ON THE PART OF CONTRACTOR.
i) Contractor shall ensure initial and refresher vocational training to his employees and
supervisors as per V.T. Rule 1966 (read with any amendments) at the company’s
training centre. Training shall be imparted to all workers, well in advance, before
deployment in the mines. Trainees completing the training successfully shall be issued
Training Certificate/Card.Trainees shall be entitled toreceive stipend as per V.T. Rule
for the period of training concerned.
ii) The Contractor shall pay stipend to the entitled trainees as per V.T. rule for
the entire period of training through Bank. In case of failure to pay stipend, the
employer shall pay the same to trainees who complete training successfully.
Payment so made, shall be recovered from the bill of the contractor.
iii) The cost of stipend to impart Vocational Training, may be included in the bidders
quoted Price.
iv) Contractor shall receive training card/ certificate for trained persons, from the
employer’s training centre. The contractor shall maintain record of such trained
persons with copy of certificate. A copy of certificate be submitted to the Engineer-incharge. Only trained persons shall be deployed for the contracted work.
v)The Contractor shall arrange training on simulation and 3D Virtual Reality System
2) OBLIGATION ON THE PART OF EMPLOYER.
i)The employer shall arrange vocational training at the employer’s training Centre as
may be required in conformation with V.T. rule and the nature of work. Certificate to
workers, completing training successfully shall be issued. Record of such trainees
with their photograph shall be maintained.
ii)The employer shall ensure payment of stipend to trainees, completing training
successfully.
iii)Employer shall ensure that only trained persons are deployed at work site during
the contract period.
B) SAFETY REQUIREMENTS
The contractor shall comply with provisions of this agreement, applicable laws,
guidelines of DGMS and conform to Standard Industry Practice for securing the safety
of Mines, Equipment and Individual on or about the site. The contractor shall develop,
implement and administer a surveillance and safety programme for providing a safe
environment on or about the mines. Safety measures shall be implemented during
entire contract period or extended period. Safety requirement include measures
associated with safe movement, safety management, safety equipment, fire safety,
enforcement and emergency response.
The Contractor shall impart safety training to its employees and shall at all times be
responsible for observance of safety procedure by its employees and agents.
The contractor shall comply with the instructions issued by Appropriate Government
Authority and directions of Employer. The contractor shall also comply with the
provisions of Mines Acts and rules made thereunder.
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All cost or expenses arising out of or relating to safety requirement shall be borne by the
contractor.
Safety requirements to be complied.
1) General Aspect.
i) Contractor shall submit list of person deployed for the work. No person shall be
deployed for the work without knowledge of the authority.
ii) All employees deployed for the work shall undergoIME and PMEas per statute and
the record of the same shall be maintained in the office of Manager.
iii) Contractor shall maintain form ‘B’ of his Employees and a soft copy shall be
submitted to the Engineer-in-charge.
iv) Contractor shall issue “Identity Card” with photograph duly attested mentioning
Name of contractor, Name of employee, Designation, DOB, Date of IME/PME,
VTC and period of validity etc. to each employee. The Drivers / employees shall carry
original identity card, while on work and produce for inspection whenever required.
v) Daily attendance shall be marked in form C/D/E for IN and OUT.
vi) Safety requirement shall be exercised round the clock. In case of non-compliance of
safety requirements or any specific instruction given in writing by the Engineer-incharge, the operation may be suspended till such non-compliance is rectified. In case
of repeated violation of safety requirements, serious in nature,the Engineer-in-charge
shall have right to suspend the work.
vii) Safe Operating Procedure (SOP)/Code of practice/traffic rule for the work shall be
prepared and shall be displayed in working place/important places in languages
understood by the workers. Risk assessment shall be conducted and safe method to
deal the same shall be carried out. Copy of SOP and Site Specific Code of Practice
shall be given to the EIC/Authorized representative. Contractor shall deploy qualified
and competent person to ensure working as per statute and SOP.
viii) Contractor shall ensure Group Insurance for all employees for a minimum
coverage of Rs. 5 Lakhs.
ix) Contractor shall ensure that working hours for his employees comply with relevant
sections of Mines Act 1952 and modifications thereof.
x) Contactor shall submit list of all accidents and analysis thereof.
xi) Contractors workers shall not remain unattended on the floor of the working face.
Breakdown in mines shall be attended by competent supervisor.
xii) Contractor shall provide roadworthy vehicle/pick up van for movement of
maintenance/operator
xiii)
(a) At each work site contractors will employ adequate numbers of statutory
supervisors as per statute for ensuring safe working and will inform the local
management in writing. No work can be started by contractor at any site without such
employment. If needed, the above mentioned supervisors should be given suitable
training to be assessed by Manager/Safety officer of the mine.
66
(b) Such supervisors will constantly be in touch with Manager/Safety Officer of the
mines and will conduct work as per his guidance.
(c) The contractor shall maintain statutory registers as per relevant rules, regulation
etc.
Safety requirement for equipment, vehicles and machinery
All equipment shall be provided with adequate safety features as per DGMS circulars.
The operator’s seat should be economically designed. Operator’s cabin shall be airconditioned and substantially strong to protect operator from dust, heat and noise.
All equipment and vehicles shall have Audio Visual Alarm(AVA), rear view camera,
proximity detection device, additional warning system for operator’s fatigue, rear vision
system, efficient brake, Turbo charge guard, front and rear light speed retarder etc. to
conform to DGMS requirement.
The transport vehicles shall have limiting speed device and load indicator and recorder.
These shall be incorporated with AVA with sound level 5-20% higher than ambient
noise level. The AVA should be of IP-67 compliance. Vehicles shall be fitted with
Antiskid and Tail end protection system.
In case of surface miner there shall be automatic water sprinkling arrangement and
suitable firefighting arrangements. All drills shall be with wet drilling system and
portable fire extinguisher.
Road Worthiness of Vehicle:
All vehicles shall maintain / carry - (a) RC Book, (b) Valid Insurance, (c) Valid
Pollution Clearance Certificate, (d)Valid Fitness Certificate, (e) Operation Manual &
Maintenance Manual, (f) Any other requirement as per RTO.
The contractor shall ensure regular checking, maintenance, and repair of all vehicles
and equipment as per best industry practice and keep them in good condition.
Record of such activities shall be maintained in a logbook and kept in operator’s
custody, which shall always be available for inspection by EIC or his representative.
In case of deficiency, EIC shall have the right to prohibit deployment of such
vehicle/equipment.
67
68
69
ANNEXURE- A
PROFORMA FOR CONTRACTOR'S BID AND ACCEPTANCE OF BID CONDITIONS
(ON THE LETTER HEAD OF THE BIDDER AS ENROLLED ONLINE ON e - TENDERING
PORTAL OF BCCL)
To:
The GM (CMC) HEMM & others,
Contract Management Cell,
Level-V, Koyla Bhawan,
BCCL Dhanbad (Jh)
Pin Code - 826 005
Sub: BID for the Work _________________________________
Ref: 1. NIT No ……………………………….………………….
Dear Sir,
This has reference to above referred tender. I/we have read and examined the conditions of
contract, technical specifications, BOQ and other documents carefully as available in website
mentioned in NIT.
I /We am/are pleased to submit our bid for the above work. I/We hereby unconditionally
accept the tender conditions and tender documents 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 tender is found to be
incorrect at any time, penal action as deemed fit may be taken against me/us for which I/We
shall have no claim against BCCL.
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 BCCL.
70
Should this bid be accepted, we agree to furnish Performance Security within 28 days of
receipt of letter of acceptance and commence the work within 10 days of receipt of letter of
acceptance/work order or handing over the site of work whichever is later. In case of our
failure to abide by the said provision BCCL 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 future tenders for a minimum period of 12
months.
Yours faithfully,
Signature of Bidder OR Authorized signatory
Encl.:
i) Earnest Money of Rs………… vide …….. Dated ……..
1. Name of the Signatory:
2. Status of Signatory:
(Whether he is the Bidder himself OR Authorized person of bidder OR DSC Holder
bidding online with authorization from bidder)
3. Address :
4. e-Mail Address :
5. Mobile Number :
6. FAX Number :
7. Telephone Number :
71
Annexure - B
Format for Affidavit to deploy matching fleet/equipments
(To be filled by the Bidders on Non Judicial Stamp Paper of minimum value of Rs.10/- duly
attested by Notary Public)
AFFIDAVIT
I/We, --------------------------------- Proprietor/Partner/Legal Attorney/director/Accredited
Representative of M/s ................................................................., solemnly declare that:
1. We are submitting Bid for the work …………………………………….. against the Bid Notice
No…………………………. dated…………………and Tender ID No. ………….
2. We hereby confirm that we shall deploy matching equipments, dumpers, tippers etc. of
required capacity as per requirement of clause No 6.C of NIT either owned or through
hiring.
Signature of the Bidder.
Dated……………………….
In case of Joint Venture/consortium the affidavit shall be
signed by all the members of
Joint Venture/consortium
Seal of Notary
72
Annexure - C
FORMAT FOR AFFIDAVIT
To be submitted by Bidder on Non-Judicial Stamp Paper of minimum value of Rs. 10/- duly
attested by Notary Public.
(For commitment, genuineness of the information furnished and authenticity of the documents
furnished during bidding process )
AFFIDAVIT
I/We,…………………………………………Proprietor/Partner/Legal
Attorney/Director/Accredited Representative of Shri/Smt./M/S……………, solemnly
declare that:
1. I/We am/are submitting Bid for the work………….against Bid Notice No. .........................
dated………………… and I/we offer to execute the work in accordance with all the
terms, conditions and provisions of the bid.
2. Myself /Our
Partners/Directors don’t has/have
any
relative as
of…………………………………………………... (Name of the Company)
employee
3. All information furnished by me/us in respect of fulfillment of eligibility
criteria and qualification information of this Bid is complete, correct and true.
4. All copy of documents, credentials and documents submitted along with this
Bid are genuine, authentic, true and valid.
5. I/we hereby confirm that the work experience indicated by me/us is for similar
nature of work as defined in clause no. 6(A) of NIT.
6. I/ We hereby authorize department to seek references / clarifications from our Bankers.
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7. I/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.
8. * We hereby undertake that we shall obtain Service Tax registration in respect
other partners of Joint Venture/consortium, if the work is awarded to us and
submit the same before any payment is made to us.
Or
*We have service registration in respect of all the partners of Joint
Venture/consortium and shall submit the same if the work is awarded to us
(applicable for Joint Venture/consortium only)
* Delete whichever is not applicable.
9. ** I/We have not been banned or delisted by any Govt., or Quasi Govt. Agencies or PSUs.
(In case of Joint Venture/consortium, all partners are covered)
OR
**I / We ……………….. have been banned by the organization named “_____________”
for a period of
………………… year/s, effective from ……………….
to……………………..…..
[ in case of Joint Venture/consortium, name(s) of the Joint Venture/consortium Partner(s) ]
** Delete whichever is not applicable .
10. If any information and document submitted is found to be false/ incorrect at
any time, department may cancel my Bid and action as deemed fit may be
taken against me/us, including termination of the contract, forfeiture of all dues
including Earnest Money and banning/ delisting of my/our firm and all partners
of the firm.
Signature of the Bidder
Dated
.............................
In case of Joint Venture/consortium,
Signature of all partners of Joint Venture/consortium
Seal of Notary
74
Annexure-D
PROFORMA OF MANDATE FORM FOR ELECTRONIC MODE PAYMENT
PROFORMA FOR COLLECTING PAYMENT THROUGH ELECTRONIC MODE INCLUDING
ELECTRONIC FUND TRANSFER (EFT) & ELECTRONIC CLEARING SYSTEM (ECS)
1
VENDOR/SUPPLIER/CONTRCTOR/CUSTOMER’S
NAME & ADDRESS ( With Telephone No and Fax)
2 Permanent Account No.
3
PARTICULARS OF BANK ACCOUNT
A) BANK NAME
B) (i) BRANCH NAME (including RTGS code and
IFSC code)
(ii) ADDRESS
(iii) TELEPHONE NO & FAX NO.
C) 9 – DIGIT CODE NUMBER OF THE BANK AND
BRANCH
( appearing on the MICR cheque issued on the
bank) OR
5 – DIGIT CODE NO OF SBI
D) ACCOUNT TYPE
(S.B.Account/Current Account OR Cash Credit
with code 10/11/13)
E) LEDGER NO/LEDGER FOLIO NO.
F) ACCOUNT NUMBER ( Core Banking) & Style of
Account ( As appearing in the cheque Book)
4 DATE OF EFFECT
I hereby declare that the particulars given above are correct and complete. If the transaction
is delayed or not effected at all for reasons of incomplete or incorrect information, I would not
hold the user institution responsible. I have read the option invitation letter and agree to
discharge responsibility expected of me as a participant under the scheme. Any Bank charges
levied by the Bank of such e- Transfer shall be borne by us.
Date:
(
)
Signature of the CUSTOMER/ VENDOR/
SUPPLIER/CONTRCTOR
Certified that the particulars furnished above are correct as per our records.
(
)
Signature of the AUTHORIZED OFFICIALS FROM THE BANK
75
Annexure-E
FORM OF AGREEMENT
(On Non Judicial Stamp Paper)
Agreement No.
This
agreement,
made
the
_______________
day
of
___________200…between
___________ _______________________ (name and address of the Employer) (hereinafter
called "the Employer" and ____________________________________________ (name and
address of the Contractor) (hereinafter called "the Contractor" of the other part )
Whereas the Employer is desirous that the Contractor execute ______________________
_______________________________________________________________________
(name and identification number of Contract ) ( hereinafter called "the Works" ) and the
Employer has accepted the Bid by the Contractor for the execution and completion of such
Works and the remedying of any defects therein.
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this agreement , works and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to,
and they shall be deemed to form and be read and construed as part of this
agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby convenants with the Employer to
execute and complete the Works and remedy any defects therein in conformity in all
respects with the provisions of the Contract.
3. The Employer hereby convenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of the defects wherein the
Contract price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part
of this Agreement , viz. :
(i) Letter of Acceptance.
(ii) Notice to proceed with the work ;
(iii) Contractor's Bid
(iv) Conditions of Contract
(v) Specifications
(vi) Drawings
(vii) Bill of Quantities and
(viii) Any other document listed in the bid document/ Contract as forming part of
the contract
IN witness whereof the parties thereto have caused this Agreement to be executed the day
and year first before written
The Common Seal of ______________________________________________
was hereunto affixed in the presence of : ___________________________
Signed, Sealed and Delivered by the said ___________________________________
in the presence of : _________________________________________________
Binding Signature of Employer _______________________________________
Binding Signature of the Contractor ___________________________________
Under Jurisdiction of Dhanbad Court only.
76
Annexure-F
PROFORMA OF BANK GUARANTEE IN LIEU OF BID SECURITY / EARNEST MONEY
To
M/s. Bharat Coking coal Limited,
Koyla Bhawan,
Dist : Dhanbad- 826005.
Dear Sir,
In consideration of the “Bharat Coking coal Limited” having its Registered Office at
Dhanbad (hereinafter called “ the Company” which expression shall unless repugnant to the
subject or context includes its successors and assigns) having agreed to accept from M/s ------------------------------------------------------------------------------------- (name of bidder) having its
registered office at ------------------------------------------ (herein after called ‘the said tenderer”
which expression shall unless repugnant to the subject or context includes its successors
and assigns) a Bank Guarantee from a Nationalised /Scheduled Bank in lieu of deposit of Bid
Security/ Earnest money in Cash/Bank draft for the due fulfillment of the terms and
conditions contained in the tender No-------------------------------------------------- dated-----------------, we ------------------------------------- Bank (hereinafter referred to as the Bank) having its office ---------------------------------------- do hereby undertake to pay to the company an amount not
exceeding `-------------------------- on demand by the company for the reason of any breach by
the tenderer of any of the terms and conditions contained in the said Tender. The decision of
the company as to whether any such breach having been committed by the tenderer shall be
final and binding on us.
1.
We------------------------------ Bank do hereby undertake to pay an amount due and
payable under this guarantee without any demur merely on a demand from the
company stating that the amount claimed is due from the tenderer for the reason of
breach by the said tenderer of any of the terms and conditions contained in the said
tender or for the reason of the tenderer failing to keep the Tender valid. Any such
demand made on the Bank shall be conclusive. As regards the amount due and
payable by the Bank under this Guarantee shall be restricted to an amount not
exceeding `------------------.
2.
We, the said Bank further agree that the Guarantee herein contained shall come into
force from the date hereof and shall remain in full force and effect till a demand or
claim under this guarantee is made on us in writing on or before the---------------- . We
shall discharge from all liability under this Guarantee thereafter.
3.
We, the said Bank lastly undertake not to revoke this Guarantee during its currency
except with the previous consent of the company in writing and agree that any change
in the constitution of the said tenderer or the Bank shall not discharge our liability
hereunder,
4.
This Guarantee is issued by Sri------------------------------------- who is authorised by the
Bank.
5.
The Bank Guarantee as referred above shall be payable at Kolkata Branch/Dhanbad
Branch at............................................(pl.specify name of Branch with address)”
Dated ,this ------------------------- day of --------------------- 20-Signature of the authorised person
For and on behalf of the Bank.
Place:
Under Jurisdiction of Dhanbad Court only.
77
Annexure-G
PROFORMA OF BANK GUARANTEE FOR PERFORMANCE
To,
_________________
Re: Bank Guarantee in respect of contract No-----------------------Dated----------------------between ----------------------(Name of the company)
And---------------------------------------- (Name of the contractor).
M/s -------------------------- (Name and address of the contractor)(herein after called “the
contractor”) has entered into a contract dated -------------------------(herein after called the
said contract) with M/s ------------------------------------------------- (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 contractor shall furnish the Bank guarantee from a Nationalised /
Scheduled Bank for a sum of `----------------- as security for due compliance and
performance of the terms and conditions of the said contract.
The------------------------- (name of the Bank) having its office at___________ has at the
request of the contractor agreed to give the Guarantee hereinafter contained.
We, the------------- Bank (hereinafter called “the Bank” ) do hereby unconditionally agree with
the company that if the contractor shall in any way fail to observe or perform the terms and
conditions of the said contract or shall commit any breach of its obligation there under, the
Bank shall on demand and without any objection or demur 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 calling on the company to compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the contractor to the
company and as regards the amount payable by the Bank under this Guarantee. The Bank
Shall not be entitled to withhold payment on the ground that the contractor has disputed its
liability to pay or has disputed the quantum of the amount or that any arbitration proceeding
or legal proceeding is pending between the company and the contractor regarding the
claim.
We, the ------------------- Bank further agree that the Guarantee shall come into force from the
date hereof and shall remain in 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 `--------- as may be due to the company and as the
company may demand. The 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 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 forbear to enforce any
of the terms and conditions relating to the said contract and the Bank shall not be relieved
78
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 due to the
company and as the company may require.
Notwithstanding anything contained herein the liability of the Bank under this Guarantee is
restricted to `----------- the guarantee shall remain in force till the day ---------- of ---------------- and unless the Guarantee is renewed or claim is preferred against the Bank within six
months from 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 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 Shri-----------------------who has signed it on behalf of the Bank has authority to do so.
“The Bank Guarantee as referred above shall be payable at Kolkata Branch/Dhanbad
Branch at............................................(pl. specify name of Branch with address)”
Dated this------------------------- day of -------------------------- 20-Signature of the authorised Person.
For and on behalf of the Bank.
Place:
Under Jurisdiction of Dhanbad Court only.
79
Annexure – H
INTEGRITY PACT
Between
BHARAT COKING COAL LIMITED(BCCL) hereinafter referred to as “The Principal”
And
………………………………..hereinafter referred to as “The Bidder/Contract”
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for ------------------------------------------. The Principal values full compliance with all relevant laws
and regulations, and the principles of economic use of resources, and of fairness and
transparency in its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal cooperates with the renowned international
Non-Governmental Organisation “Transparency International” (TI). Following TI’s national
and international experience, the Principal will appoint an external independent Monitor who
will monitor the tender process and the execution of the contract for compliance with the
principles mentioned above.
Section 1 – Commitments of the Principal
The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles: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
him/herself or third person, any material or immaterial benefit which he/she is not legally
entitled to.
The Principal will, during the tender process treat all Bidders with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidders the
same information and will not provide to any Bidder confidential/additional information
through which the Bidder could obtain an advantage in relation to the tender process or the
contract execution.
The Principal will exclude from the process all known prejudiced persons.
If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the relevant Anti-Corruption Laws of India, or if there be a
substantive suspicion in this regard, the Principal will inform its Vigilance Office and in
addition can initiate disciplinary actions.
Section 2 – Commitments of the Bidder/Contractor
(1)
The Bidder/Contractor commits itself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
The Bidder/Contractor 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 immaterial benefit
which he/she is not legally entitled to, in order to obtain in exchange any advantage
80
of any kind whatsoever during the tender process or during the execution of the
contract.
The Bidder/Contractor will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or nonsubmission of bids or any other actions to restrict competitiveness or to introduce
cartelization in the bidding process.
The Bidder/Contractor will not commit any offence under the relevant Anti-corruption
Laws of India; further the Bidder/Contractor 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.
The Bidder/Contractor will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
(2)
The Bidder/Contractor 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
I f 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 has committed a transgression through a violation of Section
2 such as to put his reliability or credibility into question, the Principal is entitled also
to exclude the Bidder/Contractor 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 transgressions 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.
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.
3.
If the Bidder/Contractor 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.
4.
A transgression is considered to have occurred if in light of available evidence no
reasonable doubt is possible.
Section 4 – Compensation for Damages
1.
If the Principal has disqualified the Bidder from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover from the
Bidder liquidated damages equivalent to 3 % of the value of the offer or the amount
equivalent to Earnest Money Deposit/Bid Security, whichever is higher.
81
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 equivalent to
5% of the contract value or the amount equivalent to Security Deposit/Performance
Bank Guarantee, whichever is higher.
3.
The bidder agrees and undertakes to pay the said amounts without protest or demur
subject only to condition that if the Bidder/Contractor can prove and establish that the
exclusion of the Bidder from the tender process or the termination of the contract
after the contract award has caused no damage or less damage than the amount or
the liquidated damages, the Bidder/Contractor shall compensate the Principal only to
the extent of the damage in the amount proved.
1.
2.
Section 5 – Previous transgression
The Bidder declares that no previous transgression occurred in the last 3 years with
any other Company in any country conforming to the TI approach or with any other
Public Sector Enterprise in India that could justify his exclusion from the tender
process.
If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or the contract, if already awarded, can be terminated for such
reason.
Section 6 – Equal treatment of all Bidders/Contractor/Subcontractors
1.
The Bidder/Contractor undertakes to demand form all subcontractors a commitment
in conformity with this Integrity Pact, and to submit it to the Principal before contract
signing.
2.
The Principal will enter into agreements with identical conditions as this one with all
Bidders, Contractors and Subcontractors.
3.
The Principal will disqualify from the tender process all bidders who do not sign this
Pact or violate its provisions.
Section 7 – Criminal charges against violating Bidders/Contractors/Subcontractors
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of
an employee or a representative or an associate of a Bidder, Contractor or Subcontractor,
which constitutes corruption, or if the Principal has substantive suspicion in this regard, the
Principal will inform the Vigilance Office.
Section 8 – External Independent Monitor/Monitors (three in number depending on the
size of the contract)(to be decided by the Chairperson of the Principal)
1.
The Principal appoints competent and credible external independent Monitor for this
Pact. 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 functions neutrally and independently. He reports to the Chairperson of
the Board of the Principal.
3.
The Contractor 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 request and demonstration of a
valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractors. The Monitor is under contractual
82
4.
5.
6.
7.
8.
9.
obligation to treat the information and documents of the Bidder/Contractor/
Subcontractor with confidentiality.
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.
As soon as the Monitor notices, or believes to notice, a violation of this agreement,
he will so inform the Management of the Principal and request the Management to
discontinue or heal the violation, 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.
The Monitor will submit a written report to the Chairperson of the Board of the
Principal 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.
Monitor shall be entitled to compensation on the same terms as being extended
to/provided to Outside Expert Committee members/Chairman as prevailing with
Principal.
If the Monitor has reported to the Chairperson of the Board a substantiated suspicion
of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has
not, within reasonable time, taken visible action to proceed against such offence or
reported it to the Vigilance Office, the Monitor may also transmit this information
directly to the Central Vigilance Commissioner, Government of India.
The word ‘Monitor’ would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 12
months after the last payment under the respective contract, and for all other Bidders 6
months after the contract has been awarded.
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
Chairperson of the Principal.
1.
2.
3.
4.
Section 10 – Other provisions
This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
Changes and supplements as well as termination notices need to be made in writing.
Side agreements have not been made.
If the Contractor is a partnership or a consortium, this agreement must be, signed by
all partners or consortium members.
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 intensions.
-------------------------------For the Principal
---------------------------------For the Bidder/Contractor
Place……………………
………………………………
Witness1:
Date ……………………
………………………………
Witness2:
83
Annexure - I
UNCONDITIONAL BANK GUARANTEE IN LIEU OF
WITHHELD / KEEP BACK AMOUNT AGAINST PENALTY
To
M/s Bharat Coking Coal Limited,
Koyla Bhawan, Koyla Nagar,
Dhanbad-826005
Re: Bank Guarantee No.......................... Date......................
Bank Guarantee Amount INR Rs........................[(Indian
Rupees..............................(in words)]
Valid upto................................................
Claimed Period upto...............................(i.e. 180 days
beyond contract period)
Ref: Application No....................... Dated...........................
submitted by M/s ..........................................(Contractor) and
letter No................... Dated...................... issued by the
General Manager, BCCL...............Area.
------------------------------------------------------------------------------------M/s .............................. (Name and address of the Contractor) (hereinafter called the
Contractor has entered into a contract under NIT No....................... LOA vide letter
No......................
Dated
......................
and
Work
Order
No.................................Dated...................... (herein after called the said contract) with M/s..
Bharat Coking Coal Limited (hereinafter called the Company) to execute...........................
(name of the contact and brief description of work) on the terms and conditions contained in
the said contract.
It has been agreed that the Contractor shall furnish the Bank Guarantee from a
Nationalised/Schedule
bank
for
a
sum
of
INR
`.............................(Indian
Rupees............................................................................................) as security in lieu of
withheld/Keep back amount against the short fall of coal and OB under the terms &
conditions of the said contract.
The............................................................(Name of the Bank) having Registered Office
at................................................ and one of its branches at ................................................ has
at the request of this contractor agreed to give this Guarantor herein under contained.
We, the........................... Bank (hereinafter called “the Bank” do hereby unconditionally
agreed with the Company that the Bank shall merely on demand in writing without any
objection or demur to pay to the company the said sum of INR ...........................(Indian
Rupees.............................................................................................) or such portion as shall
then remain due 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 calling on the company to
compel such payment by the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the company
and as regards the amount payable by the Bank under this Guarantee. The Bank shall not be
entitled to withhold payment on any ground including that the Contractor has disputed its
liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or
legal proceeding is pending between the company and the Contractor regarding the claim.
We, the.............................. Bank further agree that the Guarantee shall come into force from
the date hereof and shall remain in force and effect till 180 days beyond the contract period
which is likely to be............... day............but if the period of Contract is extended in any
manner Bank shall renew the period of the Bank Guarantee against request from contractor
,failing which it shall pay to the company the said sum of INR ......................... (Indian
84
Rupees...............................................................) or such lesser amount of the said sum of
INR.................... (Indian Rupees...............................................) 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 INR ..........................(Rupees.................................................................) and interest are full
satisfied and the Company certifies that the Contract has been successfully carried out by the
contractor and discharged the guarantee or up to ...................... which is earlier.
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 contractor from time to time 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 forbear 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 against service of their written claim on the Bank within ....................., the said sum
of INR......................... (Indian Rupees....................................................................) 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 INR......................(Indian Rupees......................................................................)
the guarantee shall remain in force till the day............................... of............................. i.e. 180
days beyond the contract period and unless the guarantee is renewed or claim is preferred
against the bank within the said date all rights of the Company under this guarantee shall
ceases and the Bank shall be relieved and discharged from all liabilities hereunder except as
provided in the preceding Clause.
The Bank Guarantee as referred above shall be payable at Kolkata Branch/Dhanbad Branch
at............................................(pl.specify name of Branch with address).
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.............................. &
Sri........................................ who has signed it on behalf of the Bank has authority to do so on
mentioning identity code no. of the signatories.
Dated, this.................................. day of...................................
Signature of the authorised person
For and on behalf of the Bank
Place
Under jurisdiction of. Dhanbad court only.
85
Annexure – J
Format for Affidavit required to be submitted along with Bank Guarantee
in lieu of withheld/ keep back amount.
Non Judicial Stamp Paper
Affidavit
(To be verified before the Notary Public)
I………………………..S/O…………………..age………resident of -------------------------------------------having authorized by M/s…………………………….solemnly hereby state on oath as under:
1)
That the work of…………………………………under LOA No………………………….dt
…………………... & work order no. ……………………dt ……………………. (hereinafter
referred as contract) has been awarded by Bharat Coking Coal Ltd. Koyla Bhawan,
Dhanbad (hereinafter referred as Company) to M/s ………………………. (hereinafter
referred as contractor) against Tender Notice no…………dt……………
2) That in view of the said contractual work we have been performing the work. Due to
various reasons beyond our control we could not achieve the targeted production of coal
and
OB.
As
such,
as per
terms
of
the
contract,
a
sum
of
Rs……………….(Rupees……………………………..) only has been deducted from
running on account bills as keep back money which is adjustable against the penalty in
case the scheduled/targeted production could not be fulfilled/achieved within the next
considerable period as per the terms of the contract.
3) That in response of our appeal no…………..dt………….to release the said keep back
money retained with the company, the General Manager, …………….Area, BCCL was
pleased to agree for releasing of keep back money on furnishing unconditional Bank
Guarantee from a nationalized/scheduled bank as security.
4) That we are agreed to make up the short fall of OB and Coal as may be agreed by the
area authority, within the period not more than six months OR the remaining contract
period with effect from the date of approval of competent authority, whichever is earlier.
5) That the released keep back money shall be exclusively utilised for mobilising our
equipments and mining activities for efficiency improvement.
6) That the unconditional Bank Guarantee No………………dt……………….. amounting to
Rs…………(Rupees…………………) only submitted by us in lieu of withheld/keepback
money issued by ……………Bank for the aforesaid purpose shall remain valid for a
period of not less than 180 ( one hundred and eighty) days beyond the contract period
including extended period of contract. In case we fail to make up the shortfall of OB and
Coal as mentioned above, the aforesaid Bank Guarantee shall be invoked/encashed
immediately after the expiry of the period mentioned at sl. No.4.
86
7) That we shall extend the validity of the said Bank Guarantee as and when required for
such a period as may be advised by the company and the same Bank Guarantee shall
be returnable to us by the Company only after closure of the contract.
8) That if any information and document submitted by us is found to be false/incorrect at
any time, the company may take action against us as deemed fit.
9) That the deponent is duly authorized and competent to swear the affidavit under authority
given.
Date:
Deponant
Place:
VERIFICATION
I the above deponent do verify that the contains given in Para 1 to 8 of the affidavit are true to
the best of my knowledge and belief.
Verified on at……………………………………………………
Deponant
87
Annexure – K
FORMAT FOR UNCONDITIONAL BANK GUARANTEE 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 BILLS
To
M/s. Bharat Coking Coal Limited
Koyla Bhawan, Koyla Nagar
Dhanbad – 826005
Sub : Bank Guarantee No. ................... Date ...............
Bank Guarantee Amount INR / Rs. ....................... {(Indian Rupees ..............(in words)}
Valid up to ..................
Claim Period up to ..............
Ref : Application
No.
........................
Dated
................
submitted
by
M/s.
.................................... (Contractor) and letter No. ............................... dated ................
issued by General Manager, ................. Area, BCCL.
M/s. ......................................... (Name and Address of the Contractor) (hereinafter called the
Contractor) has entered into a contract under NIT No. ................................. dt.......... LOA vide
letter No. ................................ dt............. and work order / Agreement
no.
.................................. dt............ (hereinafter called the said contract) with M/s. Bharat Coking
Coal Limited (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.
The Contractor agreed that it shall furnish the Bank Guarantee from a Nationalised /
Scheduled Bank encashable at Dhanbad Branch / Kolkata Branch for a sum of INR
..................... (Indian Rupees .......................................................) as security in lieu for
receiving payment against the Security deposit accrued annually by paying the running bill at
95%, i.e the Retention money deducted @ 5% from running bills.
The ..................................... (Name of the Bank) having Registered Office at
................................... and one of its branches at ......................................... has at the request
of this contractor agreed to give this Guarantor herein under contained.
We, the ............................., Bank (hereinafter called “the Bank”) do hereby unconditionally
agreed with the Company that the Bank shall merely on demand in writing without raising any
question or objection or demur shall pay to the company the said sum of INR ........................
(Indian Rupees ...................................................) or such portion as shall then remain due
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 calling on the company to compel such payment by
the contractor.
Any such demand shall be conclusive as regards the liability of the Contractor to the
Company and as regards the amount payable by the Bank under this Guarantee. The Bank
shall not be entitled to withhold payment on any ground that the Contractor has disputed its
liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or
any legal proceeding is pending between the company and the contractor regarding the claim
in any forum.
We, the ...................... Bank further agree that the Guarantee shall come into force from the
date hereof and shall remain in force and effect till .................. (90 days beyond the remaining
period of contract). However, if so required by the company, before expiry of the validity of
88
this guarantee, the bank shall renew the period of validity of the Bank Guarantee against
request for a further period, 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, failing which it shall pay to the company the said sum of INR ................... (Indian
Rupees .....................................) or such lesser amount of the said sum of INR ..................
(Indian Rupees ............................) 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 INR ................... (Indian Rupees ....................................) and interest are fully satisfied and
the Company certifies that the Contract has been successfully 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 from time to time, 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 forbear 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 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 against service of their written claim on the Bank within .................., the said sum of
INR ................. (Indian Rupees .......................................) 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 INR .................... (Indian Rupees ................................................) the guarantee
shall remain in force till the ................. day of ............................ and unless the guarantee is
renewed or claim is preferred against the bank within the said date all rights of the company
under this guarantee shall ceases and the bank shall be relieved and discharged from all
liabilities hereunder except as provided in the preceding clause.
The Bank Guarantee as referred above shall also be encashable at Dhanbad Branch /
Kolkata Branch at ......................................... (pl. Specify name of the Branch with address).
This guarantee shall 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 ........................ & Sri
............................. who have signed it on behalf of the Bank have authority to do so on
mentioning identity code no. of the said signatories.
Dated, this ............... day of ....................
Signature of the authorised person
For and on behalf of the Bank
Place
Under Jurisdiction of Dhanbad Court only.
89
Bidders should accept on line the e-Tender Portal User Agreement enclosed as annexure L
Annexure-L
User Portal Agreement (To be accepted by the bidder on line.)
In order to create a user account and use the eTender portal you must read and accept this
eTender portal User Agreement.
A. UNDERTAKINGS TO BE FURNISHED ONLINE BY THE BIDDER I DO HEREBY
UNDERTAKE
1. That all the information being submitted by me/us is genuine, authentic, true and valid
on the date of submission of tender and if any information is found to be false at any
stage of tendering or contract period I/We will be liable to the following penal actions apart
from other penal actions prescribed elsewhere in the tender document.
a. Cancellation of my/our bid/contract (as the case may be)
and
b. Forfeiture of EMD/Performance Security (as the case may be)
and
c. Banning/delisting of our firm and all Partners/Directors/Proprietor of the firm for a
minimum period of 12 months.
2. That I/we accept all terms and condition of NIT and tender document as a whole as
available on the website.
3. That I/we accept the Integrity Pact as given in the tender document (if applicable).
4. That I/we am/are giving my/our consent for e-payment and submitting/shall submit the
mandate form for e-payment in the format as prescribed in the document in case, the work
is awarded to us.
5. That I/we do authorize BCCL for seeking information/clarification from my Bankers having
reference in this bid.
6. That I/we will upload original/certified photo/scanned of all the relevant documents as
prescribed in the tender document in support of the information and data furnished by
me/us online.
7. I/We confirm that I/We have not been banned or de-listed by any Govt. or Quasi Govt.
agencies or PSUs. In case We are banned or delisted this information shall be specifically
informed to the tender issuing authority.
8. That I/We accept all the undertakings as specified elsewhere in the tender document.
9. That this online agreement will be a part of my bid and if the work is awarded to me/us, this
will be a part of our agreement with BCCL.
B. TERMS AND CONDITIONS OF E-TENDER SERVICES AGREEMENT
COPY RIGHT NOTICE. Copyright©2013, Bharat Coking Coal Limited, India. All rights
reserved.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the website
solely for your own non-commercial use provided that you agree that you shall not change or
delete any copyright or
proprietary materials from the site.
https://bccl.eproc.in is an e-procurement portal of Bharat Coking Coal Limited.
90
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 OF THE 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/enrollment of bidder on the portal should be done in the name of the
bidder.
The person whose DSC is attached to the Registered Bidder should be either the bidder
himself Or, duly authorized by the Bidder.
User ID and password are strictly personal to each Authorised User and non-transferable.
The User shall ensure that its Authorised Users do not divulge or disclose their user ID or
password to third parties. In the event that the Authorised User comes to know that the User
ID/ Password has been/might have been divulged, disclosed or discovered by any third party,
user or its authorized user shall immediately modify the password using “Change password”
option. BCCL will have no responsibility or obligation in this regard.
At the time of enrollment in the e-Tendering portal of BCCL, 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. BCCL shall not be
liable for any loss or damage caused to you due to your failure to comply with the foregoing.
Registered user can modify or update some of the information in their profile as and when
required at their own discretion. However some information such as “User ID” are protected
against changes by Bidder after enrollment and some other information such as “Bidder
Name” etc are protected against changes by Bidder after bid submission.
Modification of software
With consent of Project Advisory Committee, e-procurement of BCCL, the Administrator of eTender portal, reserves the right to modify, add, delete and/or change the contents,
classification and presentation of the information on the marketplace 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.
91
Bharat Coking Coal India Limited reserves right to interrupt/suspend the availability of the eTender system without any notice to the users.
System Requirements
It is the users responsibility to comply with the system requirements: hardware, software,
Internet
connectivity at user premises to access the eTender portal as mentioned in the home page in
the link ‘resources required’.
Under any circumstances, BCCL 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 equipments 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 BCCL. 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. Bharat
Coking 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 contains only the relevant information as stated by the Tender Inviting Authorities
for the particular tender. It is not obligatory on the part of BCCL 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
BCCL 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.
92
BCCL 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,
BCCL 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 BCCL reserves the right to re-tender / cancel a tender or
extend the closing date or amend the details of tender at any time by publishing corrigendum
as applicable.
Special Admonitions For International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online content and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data to and from India or the country
in which you reside.
Links
The Site may provide, links to other World Wide Web sites or resources. Because BCCL has
no control over such sites and resources, you acknowledge and agree that the BCCL is not
responsible for the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that the BCCL
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such Content, Goods
or Services available on or through any such site or resources.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of India &
applicable to agreements made and to be performed in India. The e-Tender portal's failure to
insist upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement. BCCL may
assign its rights and duties under this Agreement to any party at any time without notice to
you. Any rights not expressly granted herein are reserved.
Governing Law
Terms shall be governed by, and construed in accordance with, Indian law. The parties agree
that the principal civil court of the place where the registered office of Bharat Coking Coal
Limited is situated shall have non-exclusive jurisdiction to entertain any dispute with Bharat
Coking Coal Limited. In case of dispute being with a regional Institute of CMPDIL, the
principle Civil Court where the said regional Institute is situated shall be place of suing.
BCCL reserves the right to initiate any legal action against those bidders violating all or any
of the above mentioned terms & conditions of e-Tender services agreement.
Modification of terms of Agreement
BCCL reserves the right to add to or change/modify the terms of this Agreement. Changes
could be made by us after the first posting to the Site and you will be deemed to have
accepted any change if you continue to access the Site after that time. BCCL reserves the
right to modify, suspend/cancel, or discontinue any or all services/ make modifications and
alterations in any or all of the content, at any time without prior notice.
93
Policy and Security
General Policy
CIL/its Subsidiaries is committed to protecting the privacy of our e-Tender site visitors. BCCL
does not collect any personal or business information unless you provide it to us voluntarily
when conducting an online enrolment, bid submission etc. or any other transaction on the
Site.
Information Collected
When you choose to provide personal or business information to us to conduct an online
transaction, we use it only for the purpose of conducting the specific online transaction that
you requested. The information is also used for the purpose of vendor searches. For each
online transaction, we require only a minimum amount of personal and business information
required to process your transaction.
When you visit our portal to browse, read pages, or download information, we automatically
collect and store only the following information:
 The Internet domain and IP address from which you access our portal;
 The date and time you access our portal;
 The pages you visit
This information would help us to make our site more useful to visitors and to learn about the
number of visitors to our site and the types of technology our visitors use.
We do not give, share, sell or transfer any personal information to a third party unless
required to do so 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 on line 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.
94
Annexure-M
FORMAT of Business Rules, Terms & Conditions for the work of
_________________________________________________
__________________________________________________________________________
__________________
NIT No. & date _______________
BUYER’S NAME
AUCTION TO BE
CONDUCTED BY
DATE & TIME OF
REVERSE AUCTION
DOCUMENTS ATTACHED
M/s BHARAT COKING COAL LIMITED
Koyla Bhawan, Koyla Nagar
Dhanbad-826005
M/s C1 India Pvt. Ltd.
C-104, Sector-2, NOIDA,
U.P.-201301, India
Auction Date :
DD.MM.YYYY
Reverse Auction Time: 11:00 to 15:00 Hours.
1) Business Rules for Reverse Auction
2) Terms & Conditions of Reverse Auction
3) Item Description (Form-I)
4) Process Compliance Form (Form-II)
5) Price bid Breakup (Form-III)
6) Contact Information
95
BUSINESS RULES FOR REVERSE AUCTION
Against this NIT for the subject item with detailed scope of work as per our specification, M/s
BHARAT COKING COAL LIMITED will conduct “ONLINE REVERSE AUCTION
PROCEDURE” i.e. ONLINE BIDDING on INTERNET.
1.
2.
3.
4.
5.
6.
7.
8.
M/s BHARAT COKING COAL LIMITED have engage the services of a service provider
who will conduct the Reverse Auction and provide all necessary training without any
cost and assistance before commencement of on line bidding on Internet.
For the proposed reverse auction, technically acceptable bidders only shall be eligible
to participate.
Business rules like event date & time, etc. will be communicated.
Bidders have to email/Fax a scanned copy of the Process Compliance Form (Form II)
in the prescribed format. Without this form, the Bidder will not be eligible to participate
in the event.
The lowest bidder has to email a scanned copy of the duly signed filled-in prescribed
format for Price Bid Breakup (Form III) to service provider within 2 Hours of the
conclusion of the Auction. Any variation between the on-line bid value and signed
document will be considered as sabotaging the auction process and will invite
disqualification of vender to conduct business with BHARAT COKING COAL LIMITED
as per prevailing procedure.
Only Single Log of same User Id and password is permitted at a time.
Auto Extension of Bidding Time: Initial time of Reverse auction will be 11:00 to 15:00
hours. If a bidder places a bid in the last 30 minutes of closing of the Reverse Auction
and if that bid gets accepted, then the auction’s duration shall get extended
automatically for another 30 minutes, for the entire auction (i.e. for all the items in the
auction), from the time that bid comes in. Please note that the auto-extension will take
place only if a bid comes in those last 30 minutes and if that bid gets accepted. If the
bid does not get accepted, the auto-extension will not take place even if that bid might
have come in the last 30 minutes. In case, there is no bid in the last 30 minutes of
closing of Reverse Auction, the auction shall get closed automatically without any
extension. However, this extension process will continue up to 18:00 Hours on the 1 st
day of bidding day. The reverse bidding will again be continued on the 2nd day from
11:00 hrs. As per the norms followed after 15:00 hrs. On the first day of the reverse
bidding. The process of reverse bidding will finally stop sharp at 18:00 hrs. On the 2nd
day. No auto extension will be given after 18.00 hrs. Of second day of bidding.
Failure of power and Internet malfunctioning at the premises of Bidders during the
Reverse auction cannot be the cause for not participating in the reverse auction. On
account of this, the time for the auction cannot be extended and neither M/s BHARAT
COKING COAL LIMITED nor M/s. C1 India Pvt. Ltd. is responsible for such
eventualities.
96
Terms & Conditions of Reverse Auction.
BHARAT COKING COAL LIMITED shall finalize the award of the item against this Tender
through reverse auction mode. M/s BHARAT COKING COAL LIMITED has made
arrangement with M/s. C1 India Pvt. Ltd. who shall be authorized service provider of M/s
BHARAT COKING COAL LIMITED for the same. Please go through the guidelines given
below.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Online reverse auction shall be conducted by M/s. C1 India Pvt. Ltd, on pre-specified
date, while the Bidders shall be quoting from their own offices/ place of their choice.
Starting Bid/Bid Decrement: The opening price of the RA (Reverse Auction) and the
bid decrement value shall be available to the bidders before start of the auction and
same shall be displayed on the auction website.
At the end of the reverse auction, bidder has to provide a detail break up for his lowest
offer as per Form-III.
Opening Price and Bid Decrement: opening price (OP) (base price) and bid
decrement shall be visible to the all Bidders before start of the reverse Auction. You will
be required to start bidding after announcement of Opening Price and decrement
amount. Also, please note that the Start Price of reverse auction is open to all the
participating bidders. Any bidder can start bidding, in the online reverse auction, from
lesser than the auction's start price minimum by one decrement,
Your bid will be taken as an offer. Bids once made during reverse auction, cannot be
cancelled / withdrawn and you shall be bound to honor your bid to execute the work as
mentioned above at your final bid price. Should you back out and not honor as per
the rates quoted, M/s BHARAT COKING COAL LIMITED will take appropriate
action including forfeit of EMD and Blacklisting / debarring of all future tenders /
auctions of BCCL for a period of at least one year. That is why please be careful
during the online bidding.
All bids made from your Login ID will be deemed to have been made by your company
and in case of any misuse of your User Id and Password, M/s. C1 India Pvt. Ltd can’t
be held responsible for that.
Bidders will be able to see the L1 Bid only after the submitting the one valid bid. During
the bidding bidders will be able to view the following details on the screen.
a. Item Description
b. Auction Start Time & End Time.
c. Opening Price & Bid Decrement value
d. Market rate Price.
e. Bid Placed by you
f. Whether your bid is L1 or not
g. In case of your being L1 Bid “an Icon of hammer would come in front of Bid Value.
At the end of the Reverse Auction, M/s BHARAT COKING COAL LIMITED will decide
upon the winner. Who will be L1 Bidders as emerge from the process of online
Reverse Auction. BHARAT COKING COAL LIMITED’s decision on award of Contract
shall be final and binding on all the Bidders.
M/s BHARAT COKING COAL LIMITED shall be at liberty to cancel the reverse auction
process / tender at any time, before ordering, without assigning any reason.
Neither Service Provider (C1 India Pvt. Ltd.) nor M/s BHARAT COKING COAL
LIMITED shall have any liability to bidders for any interruption or delay in access to the
site irrespective of the cause.
97
Form-I under Annexure-M
ITEM DESCRIPTION: NAME OF THE WORK
NIT No. & date
Sr.
No.
ITEM
DESCRI
PTION
UOM
Quantity Opening
Price
98
Minimum
Bid
Decrement
Start
Time
Will Not Close
Before
11
AM
3 PM
Form-II under Annexure-M
Process Compliance Form
(The bidders are required to send it duly signed and stamped on company’s letterhead, before
starting the Reverse Auction)
To,
___________
M/s C1 India Pvt. Ltd.
C-104, Sector-2, NOIDA,
U.P.-201301, India
Fax: 0120-4746810
Sub: Agreement to the Process related Terms and Conditions for the Reverse Auction of
NIT No. GM(CMC)/------------, Date : DD.MM.YYYY
Dear Sir,
This has reference to the Terms & Conditions for the Reverse Auction mentioned in the
Tender document for NIT No. GM(CMC)/-----------------, Date : DD.MM.YYYY
This letter is to confirm that:
1) The undersigned is authorized representative of the company.
2) We shall abide by all the terms and conditions as mentioned in the NIT as well as the
Business rules governing the Reverse Auction as mentioned in your letter and confirm
our agreement to them.
3) We also confirm that we have taken the online training about the auction functionalities
and have understood the functionality of the same thoroughly.
4) We also confirm that we will email a scanned copy or fax the price confirmation &
break-up of our quoted price as per the Form III.
5) We, hereby, confirm that we will honour the Bids placed by us during the auction
process.
6) We also confirm that we will accept our Rank / Position that will be displayed when the
Bidding Time is over of the Online Reverse Auction.
With regards,
Signature with company seal
Name –
Company / Organization –
Designation within Company / Organization –
Address of Company / Organization –
99
Form-III under Annexure-M
Format for submitting last Quoted Prices (Price bid Breakup)
(To be submitted on Company Letter Head of Bidder within 2 Hours after Online auction
through Mail/Fax followed by Courier.)
To,
Mr. ---------------------M/s C1 India Pvt. Ltd.
C-104, Sector-2, NOIDA,
U.P.-201301, India
Fax: 0120-4746810
Subject: We hereby accept our Last Quoted Price in the Reverse Auction for Name of the
Work
For NIT No. GM(CMC)/----------- Date : DD.MM.YYYY
Description of work
UOM
Quantity
Sr.
No.
Rate (Rs.
Per UOM)
(To be
quoted by
bidders)
1
Total
Signature:
Name:
Designation:
Date:
100
Amount.
Rs.
CONTACT INFORMATION
During & After the Reverse auction bidder may contact us on following NOs.
M/S C1 INDIA PVT. LTD.
1-
Mobile:
E-Mail :
2-
Mobile:
E-Mail :
3-
Mobile:
E-Mail :
C1 India Pvt Ltd | C - 104 |Sector - 2 | NOIDA | INDIA | 201301 | Tel +91 120
4746840 | Cell +91 8800785500| Fax +91 120 4746810 | Web www.c1india.com
101
Annexure N.
PROFORMA OF JOINT VENTURE /CONSORTIUM AGREEMENT
(On Non-Judicial Stamp paper of appropriate value as per provision of the Stamp Act
applicable in the concerned state)
This Joint Venture /Consortium agreement is made on this ……………………..day
of…………………………………..
AMONGST/BETWEEN
M/s………………………………………, having its registered Office at ………………………...
Represented
by
Shri…………………………….(Name
and
Designation)
of
M/s………………...Who has power of Attorney to enter into Joint Venture /Consortium
with…………………………………...and
Sign all documents/agreements on behalf of M/s……………… (hereinafter referred to
as”……………….”)
AND
M/s………………………………………, having its registered Office at ………………………...
Represented
by
Shri…………………………….(Name
and
Designation)
of
M/s………………...who has power of Attorney to enter into Joint Venture /Consortium
with…………………………………...and
Sign all documents/agreements on behalf of M/s……………… (hereinafter referred to
as”……………….”).
The expressions 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 /Consortium/Parties” and
individually as “Joint Venture /ConsortiumPartner/Party”.
WHEREAS M/s……………….and M/s………………agreed to form a Joint Venture
/Consortium in order to join their forces to obtain best results from the combinations of their
individual resources of technical and management skill, finance and equipment for the benefit
of
the
project and
in order to
submit the Bid for the
work of
“………………………………….............................................………………………………………
………………………………………………………………………………………..
(hereinafter
referred to as “Project”) under……………………..(Name of Company(hereinafter referred to
as “the principle Employer”).
The Parties hereby enter into this Joint Venture /Consortium Agreement (hereinafter referred
to as “Joint Venture /Consortium Agreement”) to jointly prepare and submit the Bid for the
Project and in the event of securing the Project from the Employer, to execute the Project in
accordance with the Contract terms and conditions, to the satisfaction of the Principal
Employer.
NOW THEREFORE, the parties, in consideration of the mutual premises contained herein,
agree as follows:
1) FORMATION AND TERMINATION OF THE JOINT VENTURE /CONSORTIUM.
The parties under this Agreement have decided to form a Joint Venture /Consortium to
submit the Bid for the above Project and execute the Contract with the Principal Employer
for the Project, if qualified and awarded.
a) The name and style of the Joint Venture /Consortium shall be
“………………………………..”
(hereinafter called the “Joint Venture /Consortium”
b) The Head Office of the Joint Venture /Consortium shall be located
at………………………. and the site office will be located at the site of the Project. All
communication regarding the project will be made to…………………… Telephone
Nos…………………………..
102
c) None of the parties of the Joint Venture /Consortium shall be allowed to assign, pledge,
sell or otherwise dispose all or part of its respective interests in the Joint Venture
/Consortium to any party including the existing partner of the Joint Venture
/Consortium.
d) The term of the Joint Venture/Consortium shall begin as on the date first set forth
above and shall terminate on the earliest of the following dates.
i)
ii)
iii)
iv)
The Joint Venture /Consortium fails to obtain qualification from the Employer.
The Contract for the Project is not awarded to the Joint Venture /Consortium.
The Employer cancels the Project
Either Party commits material breach of this Agreement and fails to cure such
breach within the period designated by the non-defaulting Party
v) Both parties agree to terminate this Agreement in writing.
vi) The Project is completed including defects liability period to the satisfaction of the
Employer and all the parties complete any and all duties, liabilities and
responsibilities under or in connection with the Contract and the Joint Venture
/Consortium Agreement.
2) LEAD PARTNER.
M/s…………………………. shall be the Lead Partner of the Joint Venture /Consortium and
is responsible for performing a key function in contract management. M/s………………….
shall be attorney of the parties duly authorized to incur liabilities and receive instructions
for and on behalf of any and all partners in the Joint Venture /Consortium and also all the
partners of the Joint Venture /Consortium shall bejointly and severally liable during the
bidding process and for the execution of the contract as per contract terms with the
employer in accordance with the power of attorney annexed.AllJoint Venture /Consortium
partners M/s………………….. & M/s………………………….. nominate and authorize
Shri………………. ( name and designation) of M/s……………………………… to sign all
letters, correspondence, papers & certificates and to submit the Pre-qualification
Application / Bid documents for and on behalf of the Joint Venture /Consortium.
REPRESENTATIVE OF THE PARTNERS OF THE JOINT VENTURE /CONSORTIUM.
Each constituent party of the Joint Venture /Consortium appoints the following personnel
as the representative of the relevant party with full power of attorney from the Board of
Directors of the concerned company.
JV / CONSORTIUM Partner Name
Position in the respective Company
M/s……………
………………….
……………………………………..
M/s…………..
…………………..
……………………………………..
3) PARTICIPATION SHARE & WORK RESPONSIBILITIES.
4.1 The parties agree that their respective participation share (hereinafter called
‘Participation Share’) in the Joint Venture /Consortium shall be as follows:
M/s………………………………….. : ……..…..% (…………..per cent)
M/s………………………………….. : ……..…..% (…………..per cent) and
M/s………………………………….. : ……..…..% (…………..per cent)
4.2 The Parties shall share the rights and obligations, risk, cost and expenses, working
capitals, profits or losses or others arising out of or in relation to execution of the Project in
proportion to their share of participation in the Joint Venture /Consortium except as
otherwise agreed.
103
4)
5)
6)
7)
8)
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.
JOINT AND SEVERAL LIABILITIES.
All partner of Joint Venture /Consortium shall be liable jointly and severally during the Prequalification and Bidding process; and in the event the contract is awarded, during the
execution of the Contract, in accordance with Contract terms.
WORKING CAPITAL
Each party shall contribute working capital for equipment, labour and material or any
expenses incurred for execution of the Project or any other investment required in
connection with the execution of the project proportionate to the participation ratio.
BID SECURITY:
Bid Security, Performance Security and other securities shall be paid by the Joint Venture
/Consortium except as otherwise agreed.
PERSONNEL & EQUIPMENT
Team of Managers / Engineers of all the partners of the Joint Venture /Consortium will
form part of the core management structure and assist in execution of the project. The list
of Personnel and equipment proposed to be engaged for the project by each Party will be
decided by the management committee.
NON PERFORMANCE OF RESPONSIBILITY BY ANY PARTY OF JOINT VENTURE
/CONSORTIUM.
a) As between themselves, each Party shall be fully responsible for the fulfillment of all
obligations arising out of its scope of the work for the Project to be clarified subject to
the Agreement between the Parties and shall hold harmless and indemnified against
any damage arising from its default or non-fulfillment 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 /Consortium with all the
liabilities of the existing partner from the beginning of the contract with the prior
approval of company.
d) Notwithstanding demarcation or allotment of work of between/amongst Joint Venture
/Consortium partners, Joint Venture /Consortium shall be liable for non-performance of
the whole contract irrespective of their demarcation or share of work.
e) In case bid being accepted by Company, the payments under the contract shall only be
made to the Joint Venture /Consortium and not to the individual partners.
9) BANK A/C.
Separate Bank A/c. shall be opened in the name of the Joint Venture /Consortium in a
scheduled or Nationalized Bank in India as per mutual Agreement and all payments due to
the Joint Venture /Consortium shall be received only in that account, which shall be
operated jointly by the representative of the Parties hereto. The financial obligations of the
Joint Venture /Consortium shall be discharged through the said Joint Venture /Consortium
Bank Account only and also all the payments received or paid by company to the Joint
Venture /Consortium shall be through that account alone.
10) LIMIT OF JOINT VENTURE /CONSORTIUM ACTIVITIES.
The Joint Venture /Consortium activities are limited to the bidding and in case of award, to
the performance of the Contract for the Project according to the conditions of the Contract
with the Employer.
104
11) 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 /Consortium in connection with the P:roject shall be paid from the
account of the Joint Venture /Consortium.
12) 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.
13) MISCELLANEOUS:
a. Neither party of the Joint Venture /Consortium shall assign, pledge, sell or otherwise
dispose all or part of its respective interests in the Joint Venture /Consortium to a third
party without the Agreement of the other parties in writing and also without the permission
of the Employer.
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.
14) APPLICABLE LAW
This agreement shall be interpreted under laws and regulations of India.
IN WITNESS Whereof the Parties hereto have hereunder set their respective hands and seals
the day, month, year first above written.
For ……………………………………..
For……………………………..
Signature _____________________
Signature _______________
(Name & Address )
( Name & Address )
…………………………………………..
……………………………………..
(Official Seal )
(Official Seal )
Place …………………………………..
Place ……………………………..
Date ……………………………………
Date ……………………………….
Witness
Witness
Signature ……………………………..
Signature …………………………
(Name & Address )
( Name & Address )
…………………………………………..
……………………………………..
105
BHARAT COKING COAL LIMITED
(A Mini Ratna Company)
e-TENDER DOCUMENT
PRICE BID (PART - II)
Part – II : - Contains 07 (Seven) Marked Pages
e-TENDER NOTICE No.: H-HEMM-3

NAME & PLACE OF WORK: Hiring of HEMM for removal of OB, extraction and
transportation of coal with fire fighting from XIV, XIII, XI/XII, XII, XI, IX/X, VIIIA,
V/VI/VII/VIII, IV(T), IV(B), III, II, I(T) and I(B) seams at Patch-DE (Mega Project) of
Dhansar - Ena Colliery of Kusunda Area along with crushing of coal by portable
crusher


NIT No.: BCCL/GM(CMC)/e-Tender/F-HEMM-OS/2015/312 Date: 09.03.15
Name & address of the Tenderer :___________________________
__________________________
__________________________

Name of person /official
(with designation) authorized
to submit Price Bid:

Estimated Cost

Amount of Earnest Money / Bid Security: Rs.1,00,000,00/-

Date & Time of submission of Tenders : - As per NIT
:
:-
________________________
Rs. 1694,84,38,224/-
P/1
BHARAT COKING COAL LIMITED
PART-II (PRICE BID)
e-TENDER NOTICE No.: H-HEMM-3
NIT No.: BCCL/GM(CMC)/e-Tender/F-HEMM-OS/2015/312
Date: 09.03.15
NAME & PLACE OF WORK: Hiring of HEMM for removal of OB, extraction and transportation of coal with fire
fighting from XIV, XIII, XI/XII, XII, XI, IX/X, VIIIA, V/VI/VII/VIII, IV(T), IV(B), III, II, I(T) and I(B) seams at Patch-DE (Mega
Project) of Dhansar - Ena Colliery of Kusunda Area along with crushing of coal by portable crusher
I/ We have agreed to do the above mentioned work as per provisions given in the Part-I & Part-II of the tender document
irrespective of whether all are specifically mentioned in the description of item or not.
After opening of Price-Bid online as quoted below, Reverse-Auction will be done online as per the Terms and
conditions of NIT/ Tender Document.
I / We also hereby declare to abide by all the terms and conditions and various stipulations of the tender document (Part- I &
Part- II).
BILL OF QUANTITIES / SCHEDULE OF QUANTITIES
Sl.
Description of Item
Quantity Unit
No.
1.0 Excavation in benches (In-Situ) by mechanical means at any depth in all kinds 59.67 Cubic
of soil, rock, including mixed soil, mixed hard soil i.e. clay soils mixed with
lakh
metre
pebbles / laterite / stone boulders, soft or hard rock etc., removal of slushy
earth, mud and slurry as required, loading, transporting and unloading the
excavated materials mechanically and disposed off outside the working zone
in proper manner on the dumping yard including spreading, dozing, lighting,
pumping, dewatering, water sprinkling, grading and other ancillary mining
activities etc. all complete as per instruction of Project Officer/ Engineer-incharge. The job involves making access trench/haul roads, dozing, grading as
required for excavation operation and for transportation of excavated
materials etc., all complete.
(Blasting shall be done by department free of cost. Supply of
explosives, detonators and related materials will be made available by
BCCL and the services of statutory supervisory personnel as required
for the work will be provided as and when considered necessary by the
Management free of cost.)
Removal and disposal of overburden also includes fire fighting for which the
tenderer has to provide adequate number of pumps of suitable capacity
including electricals alongwith M.S. pipes of required lengths & dia. including
all required fittings etc for proper fire fighting at OB faces and OB dumps as
per instruction of Project officer/ Engineer In-charge.
The tenderer has to make arrangements of manpower and fire fighting
including hoses to deal with fire during all operations such as drilling in hot
strata at any depth, cooling the blast holes with water before charging them
with explosives, charging of explosives in blast holes, digging and loading of
OB, continuously spraying water over the blasted OB to quench fire etc.
Tenderer has to ensure that fire is absolutely quenched before loading of OB
etc.
Rate
(Rs)
Amount
(Rs)
Carriage lead : (1-2) KM from face to OB dump.
Signature of Tenderer
P/2
Sl.
No
1.1
Description of Items
Quantity Unit
Rate Amount
(Rs) (Rs)
Excavation in benches (In-Situ) by mechanical means at any depth in all kinds of soil, rock, 556.66 Cubic
including mixed soil, mixed hard soil i.e. clay soils mixed with pebbles / laterite / stone lakh metre
boulders, soft or hard rock etc., removal of slushy earth, mud and slurry as required,
loading, transporting and unloading the excavated materials mechanically and disposed off
outside the working zone in proper manner on the dumping yard including spreading,
dozing, lighting, pumping, dewatering, water sprinkling, grading and other ancillary mining
activities etc. all complete as per instruction of Project Officer/ Engineer-in-charge. The job
involves making access trench/haul roads, dozing, grading as required for excavation
operation and for transportation of excavated materials etc., all complete.
(Blasting shall be done by department free of cost. Supply of explosives, detonators
and related materials will be made available by BCCL and the services of statutory
supervisory personnel as required for the work will be provided as and when
considered necessary by the Management free of cost.)
Removal and disposal of overburden also includes fire fighting for which the tenderer has to
provide adequate number of pumps of suitable capacity including electricals alongwith M.S.
pipes of required lengths & dia. including all required fittings etc for proper fire fighting at OB
faces and OB dumps as per instruction of Project officer/ Engineer In-charge.
The tenderer has to make arrangements of manpower and fire fighting including hoses to
deal with fire during all operations such as drilling in hot strata at any depth, cooling the blast
holes with water before charging them with explosives, charging of explosives in blast holes,
digging and loading of OB, continuously spraying water over the blasted OB to quench fire
etc.
Tenderer has to ensure that fire is absolutely quenched before loading of OB etc.
1.2
Carriage lead : (2-3) KM from face to OB dump.
Excavation in benches (In-Situ) by mechanical means at any depth in all kinds of soil, rock, 240.71 Cubic
including mixed soil, mixed hard soil i.e. clay soils mixed with pebbles / laterite / stone lakh metre
boulders, soft or hard rock etc., removal of slushy earth, mud and slurry as required, loading,
transporting and unloading the excavated materials mechanically and disposed off outside
the working zone in proper manner on the dumping yard including spreading, dozing,
lighting, pumping, dewatering, water sprinkling, grading and other ancillary mining activities
etc. all complete as per instruction of Project Officer/ Engineer-in-charge. The job involves
making access trench/haul roads, dozing, grading as required for excavation operation and
for transportation of excavated materials etc., all complete.
(Blasting shall be done by department free of cost. Supply of explosives, detonators
and related materials will be made available by BCCL and the services of statutory
supervisory personnel as required for the work will be provided as and when
considered necessary by the Management free of cost.)
Removal and disposal of overburden also includes fire fighting for which the tenderer has to
provide adequate number of pumps of suitable capacity including electricals alongwith M.S.
pipes of required lengths & dia. including all required fittings etc for proper fire fighting at OB
faces and OB dumps as per instruction of Project officer/ Engineer In-charge.
The tenderer has to make arrangements of manpower and fire fighting including hoses to
deal with fire during all operations such as drilling in hot strata at any depth, cooling the blast
holes with water before charging them with explosives, charging of explosives in blast holes,
digging and loading of OB, continuously spraying water over the blasted OB to quench fire
etc.
Tenderer has to ensure that fire is absolutely quenched before loading of OB etc.
Carriage lead : (3-4) KM from face to OB dump.
Signature of Tenderer
P/3
Sl.
No
1.3
Description of Items
Excavation in benches (In-Situ) by mechanical means at any depth in all kinds of soil, rock,
including mixed soil, mixed hard soil i.e. clay soils mixed with pebbles / laterite / stone
boulders, soft or hard rock etc., removal of slushy earth, mud and slurry as required,
loading, transporting and unloading the excavated materials mechanically and disposed off
outside the working zone in proper manner on the dumping yard including spreading,
dozing, lighting, pumping, dewatering, water sprinkling, grading and other ancillary mining
activities etc. all complete as per instruction of Project Officer/ Engineer-in-charge. The job
involves making access trench/haul roads, dozing, grading as required for excavation
operation and for transportation of excavated materials etc., all complete.
(Blasting shall be done by department free of cost. Supply of explosives,
detonators and related materials will be made available by BCCL and the services of
statutory supervisory personnel as required for the work will be provided as and
when considered necessary by the Management free of cost.)
Quantity Unit
Rate Amount
(Rs) (Rs)
120.34 Cubic
lakh metre
Removal and disposal of overburden also includes fire fighting for which the tenderer has to
provide adequate number of pumps of suitable capacity including electricals alongwith M.S.
pipes of required lengths & dia. including all required fittings etc for proper fire fighting at
OB faces and OB dumps as per instruction of Project officer/ Engineer In-charge.
The tenderer has to make arrangements of manpower and fire fighting including hoses
to deal with fire during all operations such as drilling in hot strata at any depth, cooling the
blast holes with water before charging them with explosives, charging of explosives in blast
holes, digging and loading of OB, continuously spraying water over the blasted OB to
quench fire etc.
Tenderer has to ensure that fire is absolutely quenched before loading of OB etc.
1.4
Carriage lead : (4-5) KM from face to OB dump.
Excavation in benches (In-Situ) by mechanical means at any depth in all kinds of soil, rock,
including mixed soil, mixed hard soil i.e. clay soils mixed with pebbles / laterite / stone
boulders, soft or hard rock etc., removal of slushy earth, mud and slurry as required,
loading, transporting and unloading the excavated materials mechanically and disposed off
outside the working zone in proper manner on the dumping yard including spreading,
dozing, lighting, pumping, dewatering, water sprinkling, grading and other ancillary mining
activities etc. all complete as per instruction of Project Officer/ Engineer-in-charge. The job
involves making access trench/haul roads, dozing, grading as required for excavation
operation and for transportation of excavated materials etc., all complete.
(Blasting shall be done by department free of cost. Supply of explosives,
detonators and related materials will be made available by BCCL and the services of
statutory supervisory personnel as required for the work will be provided as and
when considered necessary by the Management free of cost.)
46.84 Cubic
lakh metre
Removal and disposal of overburden also includes fire fighting for which the tenderer has to
provide adequate number of pumps of suitable capacity including electricals alongwith M.S.
pipes of required lengths & dia. including all required fittings etc for proper fire fighting at
OB faces and OB dumps as per instruction of Project officer/ Engineer In-charge.
The tenderer has to make arrangements of manpower and fire fighting including hoses
to deal with fire during all operations such as drilling in hot strata at any depth, cooling the
blast holes with water before charging them with explosives, charging of explosives in blast
holes, digging and loading of OB, continuously spraying water over the blasted OB to
quench fire etc.
Tenderer has to ensure that fire is absolutely quenched before loading of OB etc.
Carriage lead : (5-6) KM from face to OB dump.
Signature of Tenderer
P/4
Sl.
No
2.0
Description of Items
Quantity Unit
Rate Amount
(Rs) (Rs)
Removal of loose dumped overburden by mechanical means in all kinds of soil, rock 127.30 Cubic
including mixed soil, mixed hard soil i.e. clay soils mixed with pebbles / laterite/ stone Lakh metre
boulders, soft or hard rock etc., removal of slushy earth, mud & slurry as required, loading,
transporting & unloading the excavated materials mechanically and disposed off outside the
working zone in proper manner on the dumping yard including spreading, dozing, lighting,
pumping, dewatering, water sprinkling, grading & other ancillary mining activities etc, all
complete as per instruction of Project officer / Engineer- in charge. The job involves making
access trench/haul roads, dozing, grading as required for excavation operation and for
transportation of excavated materials etc, all complete.
Removal and disposal of overburden also includes fire fighting for which the tenderer has to
provide adequate number of pumps of suitable capacity including electricals alongwith M.S.
pipes of required lengths & dia. including all required fittings etc for proper fire fighting at
OB faces and OB dumps as per instruction of Project officer/ Engineer In-charge.
The tenderer has to make arrangements of manpower and fire fighting including hoses
to deal with fire during all operations such as digging and loading of loose dumped
overburden, continuously spraying water over the loose dumped overburden to quench fire
etc.
Tenderer has to ensure that fire is absolutely quenched before loading of loose dumped
overburden etc.
3.0
Carriage Lead :- (1-2) KM
Winning / extraction of Jhama in benches from available coal seams at any depth, blasting
(Blasting shall be done by department free of cost. Supply of explosives, detonators
and related materials will be made available by BCCL and the services of statutory
supervisory personnel as required for the work will be provided as and when
considered necessary by the Management free of cost.) including mechanical loading
of Jhama free from extraneous materials into tippers / dumpers including removal of slushy
earth / slurry and removal/ segregating/picking and removal of unwanted band stones /
extraneous materials, lighting, pumping, dewatering, water sprinkling, dozing, grading and
other ancillary mining activities and transportation of Jhama from face to surface Jhama
dump etc. complete job as per direction of Project Officer/ Agent/ Engineer-in-charge. The
above job also involves making and maintenance of access trench / haul road, dozing,
grading and all other allied jobs required to accomplish the entire operation of winning /
extraction and transportation of coal. Extraction and transportation of coal also includes fire
fighting for which the tenderer has to provide adequate number of pumps of suitable
capacity including electricals alongwith M.S. pipes of required lengths & dia. including all
required fittings etc. for proper fire fighting at coal faces as per instruction of Project officer
/Engineer Incharge.
8.00
lakh
Metric
Tonne
The tenderer has to make arrangements of manpower and fire fighting including hoses to
deal with fire during all operations such as drilling in hot strata at any depth, cooling the
blast holes with water before charging them with explosives, charging of explosives in blast
holes, digging and loading of coal, continuously spraying water over the blasted coal to
quench fire etc.
Tenderer has to ensure that fire is absolutely quenched before transportation of coal from
face and fire does not reappear subsequently.
Carriage Lead : (1-2) KM from face to surface Jhama dump
Signature of Tenderer
P/5
Sl.
Rate Amount
Description of Items
Quantity Unit
No
(Rs) (Rs)
4.0 Winning / extraction of coal in benches from available coal seams at any depth, blasting 67.62 Metric
(Blasting shall be done by department free of cost. Supply of explosives, detonators Lakh Tonne
and related materials will be made available by BCCL and the services of statutory
supervisory personnel as required for the work will be provided as and when
considered necessary by the Management free of cost.) including mechanical loading of
coal free from extraneous materials into tippers / dumpers including removal of slushy earth /
slurry and removal/ segregating/picking and removal of unwanted band stones / extraneous
materials, lighting, pumping, dewatering, water sprinkling, dozing, grading and other ancillary
mining activities and transportation of coal from face to surface coal dump etc. complete
job as per direction of Project Officer/ Agent/ Engineer-in-charge. The above job also
involves making and maintenance of access trench / haul road, dozing, grading and all other
allied jobs required to accomplish the entire operation of winning / extraction and
transportation of coal. Extraction and transportation of coal also includes fire fighting for
which the tenderer has to provide adequate number of pumps of suitable capacity including
electricals alongwith M.S. pipes of required lengths & dia. including all required fittings etc.
for proper fire fighting at coal faces as per instruction of Project officer /Engineer Incharge.
The tenderer has to make arrangements of manpower and fire fighting including hoses to
deal with fire during all operations such as drilling in hot strata at any depth, cooling the blast
holes with water before charging them with explosives, charging of explosives in blast holes,
digging and loading of coal, continuously spraying water over the blasted coal to quench fire
etc.
Tenderer has to ensure that fire is absolutely quenched before transportation of coal from
face and fire does not reappear subsequently.
4.1
Carriage Lead : (1-2) KM from face to surface coal dump
Winning / extraction of coal in benches from available coal seams at any depth, blasting
(Blasting shall be done by department free of cost. Supply of explosives, detonators
and related materials will be made available by BCCL and the services of statutory
supervisory personnel as required for the work will be provided as and when
considered necessary by the Management free of cost.) including mechanical loading of
coal free from extraneous materials into tippers / dumpers including removal of slushy earth /
slurry and removal/ segregating/picking and removal of unwanted band stones / extraneous
materials, lighting, pumping, dewatering, water sprinkling, dozing, grading and other ancillary
mining activities and transportation of coal from face to surface coal dump etc. complete
job as per direction of Project Officer/ Agent/ Engineer-in-charge. The above job also
involves making and maintenance of access trench / haul road, dozing, grading and all other
allied jobs required to accomplish the entire operation of winning / extraction and
transportation of coal. Extraction and transportation of coal also includes fire fighting for
which the tenderer has to provide adequate number of pumps of suitable capacity including
electricals alongwith M.S. pipes of required lengths & dia. including all required fittings etc.
for proper fire fighting at coal faces as per instruction of Project officer /Engineer Incharge.
166.31 Metric
Lakh Tonne
The tenderer has to make arrangements of manpower and fire fighting including hoses to
deal with fire during all operations such as drilling in hot strata at any depth, cooling the blast
holes with water before charging them with explosives, charging of explosives in blast holes,
digging and loading of coal, continuously spraying water over the blasted coal to quench fire
etc.
Tenderer has to ensure that fire is absolutely quenched before transportation of coal from
face and fire does not reappear subsequently.
Carriage Lead : (2-3) KM from face to surface coal dump
Signature of Tenderer
P/6
Sl. Description of Items
Quantity Unit Rate Amount
No
(Rs) (Rs)
4.2 Winning / extraction of coal in benches from available coal seams at any depth, blasting 71.35 Metric
(Blasting shall be done by department free of cost. Supply of explosives, detonators
lakh Tonne
and related materials will be made available by BCCL and the services of statutory
supervisory personnel as required for the work will be provided as and when
considered necessary by the Management free of cost.) including mechanical loading of
coal free from extraneous materials into tippers / dumpers including removal of slushy earth /
slurry and removal/ segregating/picking and removal of unwanted band stones / extraneous
materials, lighting, pumping, dewatering, water sprinkling, dozing, grading and other ancillary
mining activities and transportation of coal from face to surface coal dump etc. complete
job as per direction of Project Officer/ Agent/ Engineer-in-charge. The above job also involves
making and maintenance of access trench / haul road, dozing, grading and all other allied jobs
required to accomplish the entire operation of winning / extraction and transportation of coal.
Extraction and transportation of coal also includes fire fighting for which the tenderer has to
provide adequate number of pumps of suitable capacity including electricals alongwith M.S.
pipes of required lengths & dia. including all required fittings etc. for proper fire fighting at coal
faces as per instruction of Project officer /Engineer Incharge.
The tenderer has to make arrangements of manpower and fire fighting including hoses to deal
with fire during all operations such as drilling in hot strata at any depth, cooling the blast holes
with water before charging them with explosives, charging of explosives in blast holes, digging
and loading of coal, continuously spraying water over the blasted coal to quench fire etc.
Tenderer has to ensure that fire is absolutely quenched before transportation of coal from face
and fire does not reappear subsequently.
Carriage Lead : (3-4) KM from face to surface coal dump
4.3 Winning / extraction of coal in benches from available coal seams at any depth, blasting
(Blasting shall be done by department free of cost. Supply of explosives, detonators
and related materials will be made available by BCCL and the services of statutory
supervisory personnel as required for the work will be provided as and when
considered necessary by the Management free of cost.) including mechanical loading of
coal free from extraneous materials into tippers / dumpers including removal of slushy earth /
slurry and removal/ segregating/picking and removal of unwanted band stones / extraneous
materials, lighting, pumping, dewatering, water sprinkling, dozing, grading and other ancillary
mining activities and transportation of coal from face to surface coal dump etc. complete
job as per direction of Project Officer/ Agent/ Engineer-in-charge. The above job also involves
making and maintenance of access trench / haul road, dozing, grading and all other allied jobs
required to accomplish the entire operation of winning / extraction and transportation of coal.
Extraction and transportation of coal also includes fire fighting for which the tenderer has to
provide adequate number of pumps of suitable capacity including electricals alongwith M.S.
pipes of required lengths & dia. including all required fittings etc. for proper fire fighting at coal
faces as per instruction of Project officer /Engineer Incharge.
36.60 Metric
Lakh Tonne
The tenderer has to make arrangements of manpower and fire fighting including hoses to deal
with fire during all operations such as drilling in hot strata at any depth, cooling the blast holes
with water before charging them with explosives, charging of explosives in blast holes, digging
and loading of coal, continuously spraying water over the blasted coal to quench fire etc.
Tenderer has to ensure that fire is absolutely quenched before transportation of coal from face
and fire does not reappear subsequently.
Carriage Lead : (4-5) KM from face to surface coal dump
Signature of Tenderer
P/7
Sl. Description of Items
No
5.0 Loading of coal by payloader into dumper at surface coal dump and Transportation of coal
from surface coal dump to portable crusher at lead (0-1) KM dumping mechanically at
crusher, loading of coal by payloader into dumper at discharge end of crusher, transportation
from crusher to BNR siding at lead (2-3) KM and loading of coal into wagon by payloader at
siding including cost of all materials, labour and ancillary works etc. for complete job as per
instruction of Project officer /Engineer Incharge.
5.1 Loading of coal by payloader into dumper at surface coal dump and Transportation of coal
from surface coal dump to portable crusher at lead (0-1) KM dumping mechanically at
crusher, loading of coal by payloader into dumper at discharge end of crusher, transportation
from crusher to Burragarh siding at lead (1-2) KM and loading of coal into wagon by
payloader at siding including cost of all materials, labour and ancillary works etc. for complete
job as per instruction of Project officer /Engineer Incharge.
6.0 Crushing of coal into (-) 100 mm size (all dimensions) by electrically operated mobile crusher
with spreader including feeding of coal to mobile crusher. The element includes providing &
installing suitable & matching crushing arrangement as per NIT with all infrastructures
including operation, repair & maintenance of the crushing arrangement. (Electricity will be
supplied free of cost by BCCL). Tenderer has to make all necessary arrangements including
fire fighting as per instruction of Project officer /Engineer Incharge.
7.0 Drilling in Coal/Jhama and OB by mechanical means at any depth in all kinds of soil, rock,
including mixed soil, mixed hard soil or hard rock, coal etc. water sprinkling, dozing and other
ancillary mining activities etc. all complete. Tenderer has to make all necessary arrangement
also for fire fighting as per instruction of Project Officer/ Engineer-in-charge.
Quantity Unit
Rate Amount
(Rs) (Rs)
200.00 Metric
lakh Tonne
80.00
lakh
Metric
Tonne
280.00 Metric
lakh Tonne
10333250 Mtr.
Signature of Tenderer
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