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EASTERN COALFIELDS LIMITED

Office of the General Manager, Kunustoria
Area
( Office of the General Manager, Kunustoria (E&M) Department CIN-
Area U10101WB1975GOI030295
(E&M) Website- [Link]
Department .U10101WB1975GOI030295
[Link]

NIT No.: ECL/GM-KNT/AE(E&M)/e-Tender/23-24/11 Date: 20.12.2023

निविदा सूचना
e-TENDER NOTICE
(Standard Tender Document for Works Category Tenders: Civil &
Others for Safety and Production)
(For ECV < ₹ 50.00 Lakhs)

1. Tenders are invited on-line under single cover system on the website
[Link] from the eligible bidders having Digital Signature Certificate
(DSC) issued from any agency authorized by Controller of Certifying Authority (CCA), Govt. of
India and which can be traced up to the chain of trust to the Root Certificate of CCA, for the
following work:
Estimated Cost of Period of
Description of work Location Work (Including Earnest Money (In Rs.) Completion
GST) (In Days)
(In Rs.)
Supply, fitting of
Glued joint and
accessories
repairing jobs at
Bansra Gr. Of
Rail track sensor 536782.00/- 6700.00/- 15 Days
Mines
part of the
Sonachara Rail
weighbridge under
Kunustoria Area.

(i). For Site visit of location of work, the prospective bidder(s) may contact …………………
Tender inviting authority Contact Person(s)/Tender Dealing Officer(s)
Colliery Engineer (E&M), Bansra
Area Engineer (E&M), KNT
General Manager, KNT Area Colliery/Dy. Manager(E&T), KNT
Area
Area

(ii) Details of GST Registration of ECL:

West Bengal (WB) Jharkhand (JH)

GSTIN of ECL
19AAACE7590E1ZI 20AAACE7590E3ZX

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2. Time Schedule of Tender:

Sl.
Particulars Date Time
No
a. Tender e-Publication date 26.12.2023 15.00 Hrs
b. Document download start date 26.12.2023 15.00 Hrs
c. Document download end date 09.01.2024 15.00 Hrs
d. Bid Submission start date 27.12.2023 15.00 Hrs
e. Bid submission end date 09.01.2024 15.00 Hrs
f. Start date for seeking Clarification on-line 26.12.2023 15.00 Hrs
g. Last date for seeking Clarification on-line 02.01.2024 15.00 Hrs
h. Date of Pre-bid meeting (if any) NA 15.00 Hrs
i. Bid Opening date 10.01.2024 15.00 Hrs
Note: The auto extension of submission of bid shall be applicable as per details mentioned in clause
No.14 of NIT.
3. Earnest Money Deposit (EMD):

The bidder will have to make the payment of EMD through ONLINE mode only.
3.1 In Online mode the bidder can make payment of EMD either through NET-BANKING from
designated Bank(s) or through NEFT/RTGS from any scheduled Bank(s).

NET-BANKING: In case of payment through net-banking the money will be immediately

transferred to ECL’s designated Account.
NEFT/RTGS: In case of payment through NEFT/RTGS from any scheduled bank(s), the
bidder will have to make payment as per the Challan(s) generated by system on e-
Procurement portal. The payment of EMD through NEFT/RTGS mode should be made well
ahead of time to ensure that the EMD amount is transferred to ECL account before
submission of bid.

NOTE 1: After successful payment of EMD either through Net Banking or

NEFT/RTGS, bidder is advised to log on to [Link] and click
on “Payment Verification Button” to check the transaction status of EMD.

NOTE 2: Bidder is advised not to pay EMD through IMPS mode as such payments
are not acceptable for submission of bid by the system.

NOTE 3: In case of payment of EMD through NEFT/RTGS mode, bidder needs to

pay the EMD from the scheduled bank by visiting their branch.

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

3.1.2 In online payment of EMD, if the payment is made by the bidder within the last date and
time of bid submission but not received by ECL within the specified period due to any
reason(s) whatsoever then the bid will not be accepted. However, the EMD will be refunded
back to the bidder.

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3.1.3 Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by
Department of Micro, Small and Medium Enterprises (MSME) will be exempt from the
payment of earnest money (applicable only for Services tenders).
In case of exemption of EMD, the scanned copy of document in support of exemption will
have to be uploaded by the bidder during bid submission. However, this option is to be
enabled only in those cases where the exemption of EMD to some bidders is allowed as per
NIT.
3.2 If the bidder defaults in satisfying Techno-commercial criteria, full EMD will be forfeited.
4. Pre-bid Meeting:
The pre-bid meeting if applicable shall be held in the office of Tender Inviting Authority, on the
scheduled date & time, if specified in the NIT. The purpose of the pre-bid meeting is to clarify
the issues and to answer the questions on any matter that may be raised at that stage. Non-
attendance at the pre-bid meeting will not be a cause for disqualification of bidder and it shall be
presumed that the bidder does not require any clarification. The management shall circulate
proceedings of the pre-bid meeting, if held.
5. Clarification of Bid:

The bidder may seek clarification on-line within the specified period. However, the management
will clarify as far as possible to the relevant queries.

NOTE 1: The identity of the Bidder will not be disclosed by the system. The clarifications
given by department will be visible to all the bidders intending to participate in that tender.
The clarifications may be asked from the day of e-Publication of NIT. The period for seeking
clarification by bidder will be up to 7 (Seven) days before the end date of bid submission. The
replies to clarifications sought by bidders should be given by the department at least 2 (Two)
days before the end date of bid submission.

NOTE 2: The clarification through any attachment of document should be done on plain paper.

6. User Portal Agreement:

The bidders have to accept the on-line user portal agreement which contains the acceptance of
all the Terms and Conditions of NIT and tender document, undertakings and the e-Procurement
system through [Link] in order to become an eligible bidder. This will
be a part of the agreement.

7. Eligible Bidders:

The invitation for bid is open to all bidders including an individual, proprietorship firm, partnership
firm, company, any legal entity having eligibility to participate as per eligibility criteria stipulated in
clause No.8 of NIT and having Digital Signature Certificate (DSC) issued from any agency
authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be traced up
to the chain of trust to the Root Certificate of CCA. Joint Venture is not allowed to participate in
the tender.

8. Eligibility Criteria:
A. Work Experience:
The Intending bidder must have in its name or proportionate share as a member of Joint
Venture/Partnership firm experience of having successfully completed similar work during last

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7(seven) years ending last day of month previous to the one in which bid applications are
invited (i.e. eligibility period) should be any of the following :-

Three similar completed works each costing not less than the amount equal to 40% of the
estimated cost put to tender.
Or
Two similar completed works each costing not less than the amount equal to 50% of the
estimated cost put to tender.
Or
One similar completed work costing not less than the amount equal to 80% of the estimated
cost put to tender.

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

In all the above cases, while considering the value of completed works, the full value of
completed work be considered whether or not the date of commencement is within the said
7(seven) years period. The date of completion of work should be during last 7(seven) years
ending last day of month previous to the one in which bid applications are invited.

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

NOTE: Till the time of changes in the e-Procurement portal regarding weightage from 5% to 7%
is configured in the portal, the 5% weightage shall be considered for work experience for
floating of tender.

The definition of similar work shall be as follows:

“Successful completion certificate of Repairing maintenance and fitting Rail track”.

In respect of the above eligibility criteria the bidders are required to furnish the following
information on-line:

i) Description of qualifying experience (similar nature)

ii) Work order Number /Agreement Number of each experience
iii) Name & address of Employer/Work Order Issuing authority of each experience
iv) Percentage (%) share of each experience
v) Executed Value of work against each experience
vi) Start date & end date of each qualifying experience (similar nature)

Note:
a. Confirmation in the form of Yes/No regarding submission of similar work experience as defined
in the NIT.

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B. Permanent Account Number (PAN) : The bidder should possess valid 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 on-line :

i) Confirmation regarding possessing of Permanent Account Number (PAN) issued by Income

Tax department, Govt. of India in the form of Yes / No.

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

DOCUMENT):
PAN CARD of the bidder

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

The bidder should be either

GST Registered Bidder under regular scheme

OR
GST Registered Bidder under composition scheme
OR
GST unregistered Bidder

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

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

Note:

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

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

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

GST Certificate of the bidder

D. Purchase Preference under ‘Make in India’ Policy for “Local supplier” (NOT APPLICABLE
WHERE ESTIMATED COST PUT TO TENDER IS LESS THAN 5 LAKHS.)

Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable. In terms
of the above said policy, purchase preference shall be given to Class-I local supplier. In terms
with the above said policy, Class-I local suppliers and Class-II local suppliers shall be eligible to
bid.

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The definitions of Class-I Local Supplier, Class-II local supplier, Non-Local supplier, Local
Content and Margin of Purchase Preference as per above mentioned Order are as follows: -
A. ‘Class-I local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content equal to or more than 50%, as defined under said
order.
B. ‘Class-II local supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content equal to or more than 20% but less than 50%,
as defined under said order.
C. ‘Non-Local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content less than 20% as defined under said order
D. ‘Local Content’ means the amount of value added in India which shall be the total value of
the item procured (excluding net domestic indirect taxes) minus the value of imported content in
the item (including all customs duties) as a proportion of the total value, in percent.
E. ‘Margin of Purchase Preference’ means the maximum extent to which the price quoted by a
Class-I local supplier may be above the L1 for the purpose of purchase preference. The margin
of purchase preference is 20%.
In terms of the above said policy, purchase preference shall be given to local suppliers in the
following manner :
I. In the procurement of works which are divisible in nature, the following procedure shall be
followed: -
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract for full quantity will be awarded to L-1 at L-1 price by the Purchaser.
ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to L-1.
Thereafter, the lowest Bidder among the Class-I local suppliers will be invited to match the L-1
price for the remaining 50% quantity subject to Class-I local supplier’s quoted price falling
within the margin of purchase preference, and the contract for that quantity shall be awarded to
such local supplier subject to his matching the L-1 price. In case such lowest eligible Class-I
supplier fails to match the L-1 price or accept less than the offer quantity, the next higher Class-
I local supplier within the margin of purchase preference shall be invited to match the L-1 price
for remaining quantity and so on, and contract shall be awarded accordingly. In case some
quantity is still left uncovered on Class-I local supplier, then such balance quantity may also be
ordered on L-1 Bidder.
II. In the procurement of works which are not divisible, and in procurement of services where the
bid is evaluated on price alone, the following procedure shall be followed: -
i) Among all qualified bids, the lowest bid will be termed as L-1. If L-1 is from a Class-I local
supplier, the contract will be awarded to L-1.
ii) If L-1 is not from a Class-I local supplier, the lowest Bidder among the Class-I local suppliers,
will be invited to match the L-1 price subject to Class-I local supplier's quoted price falling within
the margin of purchase preference, and the contract shall be awarded to such Class-I local
supplier subject to matching the L-1 price.
iii) In case such lowest eligible Class-I local supplier fails to match the L-1 price, the Class-I local
supplier with the next higher bid within the margin of purchase preference shall be invited to
match the L-1 price and so on and contract shall be awarded accordingly. In case none of the
Class-I local suppliers within the margin of purchase preference matches the L-1 price, then the
contract may be awarded to the L-1 Bidder.
III. Applicability in tenders where contract is to be awarded to multiple bidders-(Delete if not
necessary)

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In tenders where contract is awarded to multiple bidders subject to matching of L1 rates or

otherwise, the ‘Class-I local supplier’ shall get purchase preference over ‘Class-II local supplier’
as well as ‘Non-local supplier’, as per following procedure:
a) In case there is sufficient local capacity and competition for the item to be procured, as notified
by the nodal Ministry, only Class I local suppliers shall be eligible to bid. As such, the multiple
suppliers, who would be awarded the contract, should be all and only ‘Class I Local suppliers’.
b) In other cases, ‘Class II local suppliers’ and ‘Non local suppliers’ may also participate in the
bidding process along with ‘Class I Local suppliers’ as per provisions of the Order.
c) If ‘Class I Local suppliers’ qualify for award of contract for at least 50 (fifty) percent of the
tendered quantity in any tender, the contract may be awarded to all the qualified bidders as per
award criteria stipulated in the bid documents. However, in case ‘Class I Local suppliers’ do not
qualify for award of contract for at least 50 (fifty) percent of the tendered quantity, purchase
preference should be given to the ‘Class I local supplier’ over ‘Class II local suppliers’/ ‘Non
local suppliers’ provided that their quoted rate falls within margin of purchase preference of the
L1 bidder considered for award of contract so as to ensure that the ‘Class I Local suppliers’
taken in totality are considered for award of contract for at least 50 (fifty) percent of the
tendered quantity.
d) First purchase preference has to be given to the lowest quoting ‘Class-I local supplier’, whose
quoted rates fall within margin of purchase preference, subject to its meeting the prescribed
criteria for award of contract as also the constraint of maximum quantity that can be sourced
from any single supplier. If the lowest quoting ‘Class-I local supplier’, does not qualify for
purchase preference because of aforesaid constraints or does not accept the offered quantity,
an opportunity may be given to next higher ‘Class-I local supplier’, falling within margin of
purchase preference, and so on.
e) To avoid any ambiguity during bid evaluation process, the procuring entities may stipulate its
own tender specific criteria for award of contract amongst different bidders including the
procedure for purchase preference to ‘Class-I local supplier’ within the broad policy guidelines
stipulated in sub-paras above.
IV. Requirement for specification in advance: The minimum local content, the margin of
purchase preference and the procedure for preference to Make in India shall be specified in the
notice inviting tenders or other form of procurement solicitation and shall not be varied during a
particular procurement transaction.
V. Verification of local content:
a) If the estimated value of Procurement is less than Rs. 10 crores, all the Bidders at the time of
bidding shall submit self-certification indicating the percentage of local content in the offered
items. They shall also give details of the location(s) at which the local value addition is made, if
applicable.
b) In cases of procurement for a value in excess of Rs. 10 crores, the ‘Class-I local supplier’/
‘Class-II local supplier’ shall be required to provide a certificate with UDIN from the statutory
auditor or cost auditor of the company (in the case of companies) or from a practicing cost
accountant or practicing chartered accountant (in respect of suppliers other than companies)
giving the percentage of local content.
c) Decisions on complaints relating to implementation of this Order, 2020 (amended from time to
time) shall be taken by TAA limited to the CMD of CIL/Subsidiaries to the procuring entity.
d) ECL may constitute committees with internal and external experts for independent verification
of self-declarations and auditor’s/ accountant’s certificates on random basis and in the case of
complaints.

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e) False declarations will be debarring of the bidder or its successors for a period up to two years
as per Guidelines on debarment of firms from bidding along with such other action as may be
permissible under law.
f) A supplier who has been debarred by any procuring entity for violation of the Order shall not be
eligible for preference under the Order for procurement by any other procuring entity for the
duration of the debarment. The debarment for such other procuring entities shall take effect
prospectively from the date on which it comes to the notice of other procurement entities, in the
manner prescribed below.
g) The Department of Expenditure shall issue suitable instructions for the effective and smooth
operation of this process, so that:
i. The fact and duration of debarment for violation of the Order by any procuring entity are
promptly brought to the notice of the Member-Convenor of the Standing Committee and
the Department of Expenditure through the concerned Ministry /Department or in some
other manner;
ii. on a periodical basis such cases are consolidated and a centralized list or decentralized
lists of such suppliers with the period of debarment is maintained and displayed on
website(s);
iii. in respect of procuring entities other than the one which has carried out the debarment,
the debarment takes effect prospectively from the date of uploading on the website(s) in
the such a manner that ongoing procurements are not disrupted.
VI. Reciprocity Clause
1. When a Nodal Ministry/Department IDENTIFIES that Indian suppliers of an item are not
allowed to participate and/ or compete in procurement by any foreign government, due to
restrictive tender conditions which have direct or indirect effect of barring Indian companies
such as registration in the procuring country, execution of projects of specific value in the
procuring country etc., it shall provide such details to all its procuring entities including
CMDs/CEOs of PSEs/PSUs, State Governments and other procurement agencies UNDER
THEIR ADMINISTRATIVE CONTROL AND GEM for appropriate reciprocal action.
2. ENTITIES OF COUNTRIES WHICH HAVE BEEN IDENTIFIED BY THE NODAL
MINISTRY/DEPARTMENTs not allowing Indian companies to participate in their Government
procurement for any item related to that nodal Ministry shall not be allowed to participate in
Government procurement in India (including CIL and its Subsidiaries) for all items related to
that nodal Ministry/ Department, except for the list of items published by the Ministry/
Department permitting their participation.
3. The term 'entity' of a country shall have the same meaning as under the FDI Policy of DPIIT as
amended from time to time.
VII. Manufacture under license/ technology collaboration agreements with phased
indigenization
a) While notifying the minimum local content, Nodal Ministries may make special provisions for
exempting suppliers from meeting the stipulated local content if the product is being
manufactured in India under a license from a foreign manufacturer who holds intellectual
property rights and where there is a technology collaboration agreement / transfer of
technology agreement for indigenous manufacture of a product developed abroad with clear
phasing of increase in local content.
b) In procurement of all goods, services or works in respect of which there is substantial quantity
of public procurement and for which the nodal ministry has not notified that there is sufficient
local capacity and local competition, the concerned nodal ministry shall notify an upper
threshold value of procurement beyond which foreign companies shall enter into a joint venture

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with an Indian company to participate in the tender. ECL while procuring such items beyond the
notified threshold value, shall prescribe in their respective tenders that foreign companies may
enter into a joint venture with an Indian company to participate in the tender. ECL shall also
make special provisions for exempting such joint ventures from meeting the stipulated
minimum local content requirement, which shall be increased in a phased manner.

9. Submission of Bid:

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

EXAMPLE: If any bidder willing to participate in the tender as an individual/partnership

firm, the bidder should enroll/register their Company name at CIL’s e-Tendering
Portal i.e. [Link] as mentioned hereunder:

Name of the bidder as per Type of company Enrolment should be in the

legal status name of
ABC / ABC Enterprise Individual/Proprietorship ABC / ABC Enterprise
ABC Construction Ltd. Partnership Firm ABC Construction Ltd.

(ii). The bidders have to accept unconditionally the online user portal agreement which contains
the acceptance of all the Terms and Conditions of NIT including General and Special Terms &
Conditions, Integrity Pact and other conditions, if any, along with on-line undertaking in support
of the authenticity of the declarations regarding the facts, figures, information and documents
furnished by the Bidder on-line in order to become an eligible bidder. No conditional bid shall be
allowed/accepted.

(iii). The bidders have to accept unconditionally in GTE (General Technical Evaluation) the
Undertaking at Annexure II regarding Genuineness of the information furnished by him on-line &
authenticity of the scanned copy of documents uploaded by him on-line in support of his
eligibility criteria etc. and Annexure I (Letter of Bid). No recycling will be done for this document
i.e. no further clarification will be sought from bidder.

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

Scanned copy of documents uploaded by bidder in Bidder’s space/

S No Document
My Document
1 2 3
1 Permanent PAN card issued by Income Tax department, Govt. of India
Account Number
(Ref. Clause
No.8(A) of NIT)

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2 Goods and The following documents depending upon the status [Link] GST as
Services Tax declared by Bidder in the BOQ sheet:
(GST) Status of a) Status: GST Registered Bidder under regular scheme
Bidder
(Ref. Clause Document: GST Registration Certificate (i.e. GST identification
No.8(B) of NIT Number) issued by appropriate authority of India.
and BOQ)
b) Status: GST Registered Bidder under composition scheme

Document: GST Registration Certificate (i.e. GST identification

Number) issued by appropriate authority of India.

c) Status: GST unregistered bidder:

Document: Document: A Certificate having UDIN from a practicing

Chartered Accountant having membership number with Institute of
Chartered Accountants of India certifying that the bidder is GST
unregistered bidder in compliance with the relevant GST rules of.
India.
Note:
i) If turnover of bidder exceeds exemption/threshold limit, the bidder must
have GST registration as per GST Act and rules.
3 Legal Status of Any one of the following document:
the 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.

b. Confirmatory Documents: All the confirmatory documents as enlisted in the NIT in support
of online information submitted by the bidder are to be uploaded in Cover-I by the bidder while
submitting his/her/their bid.

Scanned copy of documents to be uploaded by bidder(s) in support

Eligibility
S No of information/declaration furnished online by the bidder against
Criteria
Eligibility Criteria (CONFIRMATORY DOCUMENTS)
1 2 3
1 Work Experience Satisfactory Work Completion Certificate issued by the employer against the
(Ref. Clause experience of similar work containing all the information furnished by bidder
No.8(A) of NIT) on-line.

Work order, BOQ, TDS may be sought during clarification or along with
deficient documents as per clause 13(B), if felt necessary by the Tender
Committee.

2 Digital Signature If the bidder himself is the valid DSC holder bidding online then
Certificate (DSC) self-declaration as per the DSC Authorization format. (Annexure-
IV)

However, if the DSC holder is bidding online on behalf of the bidder then
the Power of Attorney or any sort of legally acceptable document for the
authority to bid on behalf of the bidder.

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NOTE: Till modification/customization in the e-Tendering Portal as per

Order No. CIL/Civil/31(Pt.-1B)/1306 Dated: 03.07.2023.
3 Undertaking by Undertaking regarding relatives as employees of company, Arbitration
bidder on clause (in case of partnership firm), Local supplier status of the Bidder as
his/her/their Letter per clause 8C of NIT, declaration w.r.t Make in India order dated
Head as per 16.09.2020, Code of Integrity for Public Procurement (CIPP) and
Annexure-_____. compliance w.r.t procurement from bidder of a country which shares a
border with India etc.

NOTE: Till modification/customization in the e-Tendering Portal as per

Order No. CIL/Civil/31(Pt.-1B)/1306 Dated: 03.07.2023.
3 Valid Electrical Valid Electrical Contractor’s License issued by Electrical Licensing
License Board/Authority of any Indian State/UT, in accordance with IE Rule-45.
(Only applicable
for E&M works, if
required as per
TIA)
Note: Only one file in .pdf format can be uploaded against each eligibility criteria. Any additional/ other
relevant documents to support the information/declaration furnished by bidder online against eligibility
criteria may also be attached by the bidder in the same file to be uploaded against respective eligibility
criteria.

c. Letter of Bid (LoB): The format of Letter of Bid is given at Annexure I of Tender document.
This will be the covering letter of the bidder for his submitted bid. The bidders have to accept
unconditionally the Letter of Bid in GTE (General Technical Evaluation) at the time of bid
submission. No recycling will be done for this document i.e. no further clarification will be
sought from bidder.

d. Price bid: The Price bid containing the Bill of Quantity will be in Excel format and will be
downloaded by the bidder and bidder will quote the rates for all items on this Excel file. Prior to
quoting the rates in the BOQ file, the bidder will select the appropriate status from the following
drop-down list given in the BOQ: -
I. Status: GST Registered Bidder under regular scheme
II. Status: GST Registered Bidder under composition scheme
III. Status: GST unregistered bidder

The rates quoted by the bidder will be excluding GST and GST component (to be paid by ECL
and/or the bidder) will appear as a separate entity. The component of GST will be taken by the
system based on the status of bidder selected by the bidder during bid submission and with the
pre-defined business logic given in the BOQ file by the department. This file will be digitally
signed and uploaded by the bidder after ascertaining the correctness of facts and figures.

Thereafter, the bidder will upload the same Excel file during bid submission in cover-I. The
Price-bid (excluding GST) will be in Item Rate or Percentage Rate or Mixed Rate [combination
of Item Rate and Percentage Rate] BOQ format and the bidder will have to quote for all the
tendered items. The Price Bid of the tenderers will have no condition. The price bid which is
incomplete and not submitted as per instruction given in this document is liable for rejection.

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NOTE 1: The rates quoted by bidder shall be inclusive of all Taxes, if any applicable,
but excluding Goods & Service Tax (GST) & GST Compensation Cess.

NOTE 2: The bidder is required to write their name in BOQ in line with the name of
the bidder/ company as registered/enrolled at CIL’s e-Tendering Portal i.e.
[Link]

System for decision of L1 bidder

The L1 bidder will be decided based on Overall Quoted Value (i.e. cost to the Company). The
system for decision of L1 bidder will be as per following 02(two) cases: -

Case – 1: Works for which INPUT TAX CREDIT (ITC) is not available to the Company.

For calculation of Overall Bid Value, the GST [CGST, SGST/UTGST, IGST and GST
(compensation to state tax)] to be paid by the bidder or by ECL taken by the system will be
added to decide the L1 i.e the ranking of the Bidders will be decided based on rates quoted by
the bidders plus GST. This value of the bidder will be “the Cost to Company”.

Then share of GST to be deposited by ECL, if any will be deducted from overall bid value to
arrive at the Contract value. The Price-bids of the tenderers shall have no condition. The Price
Bid which is incomplete and not submitted as per instruction given above is liable for rejection.

Case – 2: Works for which INPUT TAX CREDIT (ITC) is available to the Company.

For calculation of Overall Bid Value, the GST [CGST, SGST/UTGST, IGST and GST
(compensation to state tax)] to be paid by the Bidder or by ECL taken by the system will be
ignored to decide the L1 i.e the ranking of the Bidders will be decided based on rates quoted
by the bidders excluding GST. This value of the bidder will be “the cost to Company”.

Then share of GST to be paid by bidder shall be added with overall bid value to arrive at the
Contract value. The Price-bids of the tenderers shall have no condition. The Price Bid which is
incomplete and not submitted as per instruction given above is liable for rejection.

Note: The bidder should select their GST category as per clause no. 8.B of NIT.

10. Bid Submission:

All bids are to be submitted on-line on the website [Link] No bid shall
be accepted off-line unless otherwise specified.

11. System Requirement:

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, ECL 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.

12. Opening of Bid:

Tender will be decrypted and opened online by the “Bid Openers” with their Digital Signature

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Certificates on/after the prescheduled date & time of Tender Opening.

13. Tender Evaluation:

a. After opening of bid, the documents submitted by L-1 bidder in cover I as enlisted in the NIT will
be downloaded by the Evaluator and shall be put up to the Tender Committee. The tender
Committee will examine the uploaded documents against information/declarations furnished by
the L1 bidder online. If it confirms to all of the information/declarations furnished by the bidder
online and does not change the eligibility status of the bidder then the bidder will be considered
eligible for award of Contract.
b. In case the Tender Committee finds that there is some deficiency in uploaded documents (i.e.
w.r.t confirmatory documents) corresponding to the information furnished online or in case
corresponding document have not been uploaded by L-1 bidder then the same will be specified
online by Evaluator clearly indicating the omissions/shortcomings in the uploaded documents
and indicating start date and end date allowing 7 days (7 x 24 hours) time for online re-
submission by L-1 bidder. The L-1 bidder will get this information on his personalized dashboard
under “Upload confirmatory document” link. Additionally, information shall also be sent by
system generated email and SMS, but it will be the bidder’s responsibility to check the updated
status/information on their personalized dash board regularly after opening of bid. No separate
communication will be required in this regard. Non-receipt of e- mail and SMS will not be
accepted as a reason of non-submission of documents within prescribed time. The L-1 bidder
will upload the scanned copy of all those specified documents in support of the information/
declarations furnished by them online within the specified period of 7 days. No further
clarification shall be sought from L-1 Bidder.

Note: The shortfall information/ documents should be sought only in case of historical
documents which pre-existed at the time of the tender opening and which have not undergone
change since then. These should be called only on basis of the recommendations of the TC. So
far as the submission of documents is concerned with regard to qualification criteria, after
submission of the tender, only related shortfall documents should be asked for and considered.
For example, if the bidder has submitted a contract without its completion/ performance
certificate, the certificate can be asked for and considered. However, no new contract should
be asked for so as to qualify the bidder.

Note: No recycling shall be done for the documents related to Undertakings and authorization
of DSC.

c. The tender will be evaluated on the basis of documents uploaded by L-1 bidder online. The
L-1 bidder is not required to submit hard copy of any document through offline mode. Any
document submitted offline will not be given any cognizance in the evaluation of tender.

d. In case the L-1 bidder submits requisite documents online as per NIT, then the bidder will be
considered eligible for award of Contract.

e. In case the L-1 bidder fails to submit requisite documents online as per NIT or if any of the
information/declaration furnished by L-1 bidder online is found to be wrong by Tender
Committee during evaluation of scanned documents uploaded by bidder, which changes the
eligibility status of the bidder, then his bid shall be rejected and EMD of L-1 bidder will be
forfeited and tender shall be re-tendered (with the same or different quantity, as per the
instant requirement).

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f. In case the L1 bidder is technically eligible but rejection is due to high rate quoted by him/her
then the tender shall be cancelled and retendered.

g. In case the L1 bidder is rejected due to noncompliance of confirmatory documents then the
L2 bidder will become L-1 bidder and confirmatory documents of this bidder shall be
evaluated by TC and the process shall be followed as mentioned in clause no. A to F above.

h. The process as mentioned at Cl. G shall be repeated till the work is either awarded or all the
eligible bidders are exhausted.

i. It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the

required documents as mentioned in clause no. 9(b) titled- Confirmatory Documents.

j. If L1 bidder backs out (i.e. Techno commercially established L1 bidder), the EMD will be forfeited
and the bidder will be debarred for minimum one (1) year from participating in tenders in ECL.

l. Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated
16.09.2020, issued by Govt. of India as amended from time to time shall be applicable. (NOT
APPLICABLE WHERE ESTIMATED COST PUT TO TENDER IS LESS THAN 5 LAKHS.)

In terms with the above said policy, Class-I local suppliers and Class-II local suppliers
shall be eligible to bid. Non-local supplier is not eligible to bid. The purchase preference
shall be given to Class-I local supplier only.

In terms of the above said policy, purchase preference shall be given to Class-I local suppliers in
the following manner :
I. In the procurement of works which are divisible in nature, the following procedure shall be
followed :-

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

ii) If L-1 is not a Class-I local supplier, 50% of the order quantity shall be awarded to L-1.
Thereafter, the lowest bidder among the Class-I local suppliers will be invited to match
the L-1 price for the remaining 50% quantity subject to Class-I local supplier’s quoted
price falling within the margin of purchase preference, and the contract for that quantity
shall be awarded to such local supplier subject to his matching the L-1 price. In case
such lowest eligible Class-I supplier fails to match the L-1 price or accept less than the
offer quantity, the next higher Class-I local supplier within the margin of purchase
preference shall be invited to match the L-1 price for remaining quantity and so on, and
contract shall be awarded accordingly. In case some quantity is still left uncovered on
Class-I local supplier, then such balance quantity may also be ordered on L-1 bidder.
II. In the procurement of works which are not divisible, and in procurement of services where the
bid is evaluated on price alone, the following procedure shall be followed:-

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

ii) If L-1 is not from a Class-I local supplier, the lowest bidder among the Class-I local

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suppliers, will be invited to match the L-1 price subject to Class-I local supplier's quoted
price falling within the margin of purchase preference, and the contract shall be
awarded to such Class-I local supplier subject to matching the L-1 price.

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

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

Verification of local content:

i) All the Bidders at the time of bidding shall submit self-certification indicating the percentage of local
content in the offered items. They shall also give details of the location(s) at which the local value
addition is made, if applicable.

ii) ECL may constitute committees with internal and external experts for independent verification of
auditor’s / accountant’s certificates on random basis and in the case of complaints.

iii) False declarations will attract Guidelines on Debarment of firms from Bidding for a period up to two
year and with process in line with clause 20 of GTC.

iv) A local supplier who has been debarred by any procuring entity for violation of above order shall not
be eligible for preference under this Order for procurement by any other procuring entity for the duration
of debarment. The debarment for such other procuring entities shall take effect prospectively from the
date on which it comes to the notice of other procurement entities.

m. Procurement from Micro and Small Enterprises (MSEs) (APPLICABLE FOR TENDERS FOR
SERVICES)

i) Subject to meeting terms and conditions stated in the tender document including but not limiting to
prequalification criteria, 25% of the work will be awarded to MSE as defined in MSE Procurement
Policy issued by Department of Micro, Small and Medium Enterprises (MSME) for the tendered
work/item. Where the tendered work can be split, MSE quoting a price within a price band of L1 +
15% shall be awarded at least 25% of total tendered work provided they match L1 price. In case the
tendered work cannot be split, MSE shall be awarded full work provided their quoted price is within a
price band of L1 + 15% and they match the L1 price.

ii) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price,
the work may be shared proportionately if the job can be split.

If the job cannot be split, then the opportunity to match the L-1 rate of the tender shall be given first to
MSE who has quoted lowest rate among the MSEs and the total job shall be awarded to them after
matching the L-1 price of the tender, in case the L1 is other than MSE. If MSE is a L1 bidder, full work
will be awarded to such bidder. If the MSE who have quoted lowest rate among the MSEs in the price

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band of L1 + 15% do not agree to match the rate of L1 of the tender, then the MSE with next higher
quoted rate in the price band of L1 + 15% shall be given chance to match the rate of L1 for award of
the complete job. This process to be repeated in till work is awarded to MSE or MSE bidders are
exhausted.

iii) Out of the 25% target of annual procurement from micro and small enterprises 3(three) percent
shall be earmarked for procurement from micro and small enterprises owned by women. In the event
of failure of such MSEs to participate in the tender process or meet the tender requirements and L1
price, 3(three) percent sub-target so earmarked shall be met from other MSEs.

iv) Out of the 25% target of annual procurement from micro and small enterprises 4(four) percent shall
be earmarked for procurement from micro and small enterprises owned by Scheduled Caste &
Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to participate in the tender
process or meet the tender requirements and L1 price, four percent sub-target so earmarked shall be
met from other MSEs.

v) To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority
must be submitted by the bidder in addition to certificate of registration with anyone of the agencies
mentioned in paragraph (I) above. The bidder shall be responsible to furnish necessary documentary
evidence for enabling ECL to ascertain that the MSE is owned by SC/ST. MSE owned by SC/ST is
defined as:
In case of proprietary MSE, proprietor(s) shall be SC /ST
•In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the
enterprise.
In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.
In case of Public Limited Companies, at least 51% share shall be held by SC/ST entrepreneurs at
any given point of time.

vi) Classification of Micro and Small Enterprise are as under:

a. Micro Enterprise –Enterprise where the investment in plant and machinery or equipment does not
exceed one crore Rupees and turnover does not exceed five core rupees.
b. Small Enterprise- Enterprise where the investment in plant and machinery or equipment does not
exceed ten crore Rupees and turnover does not exceed fifty core rupees.

vii) Micro and Small Enterprises (MSEs) registered under Udyam Registration are eligible to avail the
benefits under the policy.

viii) The MSEs are required to submit copy of documentary evidence, issued by their registering
authority whether they are small enterprise or micro enterprise as per provisions of Public
Procurement Policy for Micro and Small Enterprise (MSEs) Order, 2012 with latest
guidelines/clarifications provided by MoMSME.

ix) If MSE Bidder withdraws his offers after last date of bid submission or fails to sign the Agreement
or commence the work as per Conditions of Contract then such Bidder shall be debarred for a
minimum period of 1(One) year in line with provisions of Guidelines on Debarment of firms from
Bidding.

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x) If a bidder participates as a joint Venture (JV), the benefits as per Public Procurement Policy for
MSEs Order-2012 shall not be applicable to them (Note: Applicable for Tenders for Services).

14. Auto Extension of Critical Date

If number of bids received online is found to be less than 03(three) on end date of bid
submission then the following critical dates of the Tender will be automatically extended for a
period of four days ending at 17.00 hrs:

 Last date of submission of Bid.

 Last date of receipt of EMD.
 Date of Opening of Tender.

If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in the e-
Procurement Portal then the same is to be rescheduled to the next working day.

This extension will be also applicable in case of receipt of zero bid.

Notes:
1. The validity period of tender should be decided based on the final end date of submission
of bids.
2. The auto extension shall work on the basis of number of bids received only. It may so
happen that any of these bids may be eventually rejected during Tender Opening,
Technical evaluation or further process of evaluation resulting the total number of valid
bids becoming less than 03(three).
3. After extension, the tender shall be opened irrespective of available number of bids on the
extended date of opening of tender.

15. One Bid per Bidder:

15.1 Each Bidder shall submit only one Bid, either individually, or as a proprietor, or as a partner
in a partnership firm or as a partner in a joint venture or as a Company registered under
Companies Act. A Bidder who submits or participates in more than one Bid (other than as a sub-
contractor or in cases of alternatives that have been permitted or requested) will cause all the
proposals with the Bidder's participation to be disqualified.

16. Refund of EMD:

a) If EMD is paid by the bidder in online mode (Direct Debit/NEFT/RTGS) then the EMD of
rejected bidders will be refunded at any stage directly to the account from where it had been
received (except the cases where EMD is to be forfeited).
b) No claim from the bidders will be entertained for non-receipt of the refund in any account
other than the one from where the money is received.
c) If the refund of EMD is not received by the bidder in the account from which the EMD has
been made due to any technical reason then it will be paid through conventional system of
e-payment. For this purpose, if required, Tender Inviting Authority will obtain the Mandate
Form from the Bidder.
d) In case the tender is cancelled then EMD of all the participating bidders will be refunded
unless it is forfeited by the department.
e) If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender)
then his/her EMD will be refunded automatically after the opening of tender.
f) At the option of bidder, the EMD of successful bidder (on Award of Contract) will be retained

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by ECL and will be adjusted to Performance Security Deposit.

17. Site Visit:

17.1 The bidder, at the Bidder’s own responsibilities, cost and risk, is encouraged to visit and
examine the Site of Works and it’s surrounding, approach road, soil condition, investigation
report, existing works, if any, connected to the tendered work, drawings connected to the work,
if / as available and obtain all information that may be necessary for preparing the Bid and
entering into a contract for execution of the works. The cost of visiting the Site shall be at the
Bidder’s own expense.

17.2 It shall be deemed that the Bidder has visited the Site/Area and got fully acquainted with
the working conditions and other prevalent conditions and fluctuations thereto whether
he/she/they actually visits the Site /Area or not and has taken all the factors into account while
quoting his/her/their rates.

17.3 The Bidder is expected, before quoting his rate, to go through the requirement of
materials/workmanship, specification, requirements and conditions of contract.

17.4 The Bidder, in preparing the bid, shall rely on the site investigation report referred to in the
bid document (if available), supplemented by any information available to the Bidder.

18. Taxes and Duties:

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

All investments, operating expenses, incidentals, overheads, leads, lifts, carriages, tools and
plants etc. as may be attendant upon execution and completion of works shall also be included
in the rates, prices and total Bid price submitted by the bidder.

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

Similarly, if there is any decrease in such duties, taxes and levies the same shall become
recoverable from the contractor. The details of such duties, taxes and other levies along with
rates shall be declared by the bidder.

The item wise rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding
GST & GST Compensation Cess, if applicable. The payment of GST and GST Compensation
Cess by service availer (i.e. ECL) to bidder/contractor (if GST payable by bidder/contractor)
would be made only on the latter submitting a Bill/invoice in accordance with the provision of
relevant GST Act and the rules made there under and after online filing of valid return on GST

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portal. Payment of GST & GST Compensation Cess is responsibility of the service
provider/contractor.

Further, any GST credit note required to be issued by the bidder / contractor under the GST
provisions should be issued within the time limit prescribed under the GST law.

However, in case bidder/contractor is GST unregistered bidder/dealer or GST registered under

composition scheme in compliance with GST rules, the bidder/dealer shall not charge any GST
and/or GST Compensation Cess on the bill/invoice. In case of unregistered dealer/bidder, GST,
if applicable will be deposited by ECL directly to concerned authorities in terms with GST
provisions.

Input tax credit is to be availed by ECL as per rule.

If ECL fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods
or the ITC claimed is disallowed due to failure on the part of supplier/vendor of goods and
services in incorporating the tax invoice issued to ECL in its relevant returns under GST,
payment of CGST & SGST or IGST, GST (Compensation to State ) Cess shown in tax invoice
to the tax authorities, issue of proper tax invoice or any other reason whatsoever, the applicable
taxes & cess paid based on such Tax invoice shall be recovered from the current bills or any
other dues of the supplier/vendor along with interest and penalty, if any.

The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and
shall not be subject to variations on any account except to the extent variations allowed as per
the conditions of the contract of the bidding document.

The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and
to deal with such amount in terms of the provisions of the Statute or in terms of the direction of
any statutory authority and the company shall only provide with certificate towards such
deduction and shall not be responsible for any reason whatsoever.

In case of collection of minor minerals in area (both virgin and non-virgin), acquired by the
Company under the Coal Act, the contractor will have to produce a royalty clearance certificate
from the District Authorities before full and final payment.

Further, where any damages or compensation becomes payable by either the Company or the
bidder / contractor pursuant to any provision of this Agreement, appropriate GST wherever
applicable as per the GST provisions in force shall also apply in addition to such damages or
compensation.

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

19. Cost of Bidding:

The bidder shall bear all costs associated with the preparation and submission of his bid and
the Employer will in no case be responsible or liable for those costs.

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20. Technical Specifications:

The tenderer shall closely study all specifications in detail, which govern the rates for which he
is tendering.

21. Currencies of Bid and Payment:

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

22. Handing Over of Site:

On completion of the work all rubbish, debris, brick bats etc. shall be removed by the
contractor(s) at his/their own expense and the site cleaned and handed over to the company
and he/they shall intimate officially of having completed the work as per contract.

23. Deployment of Manpower and Machineries:

The tenderer(s) will deploy sufficient number and size of equipments/machineries/vehicles and
the technical/ supervisory personnel required for execution of the work.

24. Change in Constitution of the Contracting Agency:

Prior approval in writing of the company shall be obtained before any change is made in the
constitution of the contracting agency, otherwise it will be treated as a breach of Contract.
25. Canvassing in Tender:

Canvassing in connection with the tenders in any shape or form is strictly prohibited and
tenders submitted by such tenderers who resort to canvassing shall be liable for rejection.

26. Letter of Acceptance (LOA)/Work Order/Agreement:

The Bidder, whose Bid has been accepted, will be notified /communicated by the Employer
electronically online on the e-procurement portal of ECL prior to expiration of the Bid validity
period. The L-1 bidder will get the information regarding award of work on their personalised
dash-board on-line. On receipt of Letter of Acceptance (LOA)/Work Order of the tender issued
by the Company, the successful tenderer shall execute contract agreement in the company's
prescribed form for the due fulfilment of the contract. Failure to enter into the required contract
within the specified period in the work order shall entail cancellation of LOA/work order and
forfeiture of the Earnest Money. In addition, the department may debar the bidder from
participating in future bids for at least 12 months as per Guidelines on Debarment of firms from
Bidding.
27. Bid Validity:

The validity period of the tenders shall be 120(One Hundred Twenty) days from the end date of
bid submission.

In exceptional circumstances, prior to expiry of the original time limit, the Employer may request
the bidders (all the responsive tenderers) to extend the period of validity for a specified
additional period. The employer’s request and the bidder’s responses shall be made in writing.
A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the
request will not be required or permitted to modify his bid.
The tenderer shall not, during the said period or within the period extended by mutual consent,
revoke or cancel his tender or alter the tender or any terms/conditions thereof without consent

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in writing of the company. In case the tenderer violates to abide by this, the Company will be
entitled to take action as per clause No.28 (Modification and Withdrawal of Bid) of NIT.
28. Modification and Withdrawal of Bid:

Modification of the submitted bid shall be allowed online only before the deadline of submission
of tender and the bidder may modify and resubmit the bid online as many times as he may
wish.
Bidders may withdraw their bids online within the end date of bid submission and their EMD will
be refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit the
bid in that particular tender. For withdrawal of bid after the end date of bid submission, the
bidder will have to make a request in writing to the Tender Inviting Authority.
Withdrawal of bid may be allowed till issue of work order/LOA with the following provision of
penal action:
1. the EMD will be forfeited and
2. the bidder will be debarred for minimum 1(One) year from participating in tenders in ECL.
The Price-bid of all eligible bidders including this bidder will be opened and action will follow as
under:
i). If the bidder withdrawing his bid is other than L 1, the tender process shall go on.
ii). If the bidder withdrawing his bid is L-1, then re-tender will be done.
Note:
In case of above, a letter will be issued to the bidder by Tender Inviting Authority with the
approval of Tender Accepting Authority (in case Board is Tender Accepting Authority then with
the approval of CMD), stating that the EMD of bidder is forfeited, and this bidder is debarred for
minimum 01(Year) year from participating in tenders in ECL. This letter will be circulated to all
Areas and ECL HQ and the updated list will be maintained by all Tender Inviting
Authority/Evaluators.
Penal action against clauses above will be enforced from the date of issue of such order.
iii) The standard operating procedure to handle withdrawal of bid after end date of submission
is shall be as per Clause no 29 (Standard Operating Procedure for Withdrawal of Bid) of NIT.
29. Standard Operating Procedure for Withdrawal of Bid:
I. The Mode of withdrawal: -
A. Online Withdrawal of Bids:
a. The system of online withdrawal is available on the portal up to end date of bid
submission, where any bidder can withdraw his/her bid which will attract no penal
action from department side.
b. The system of online withdrawal beyond end date of bid submission and till award
of contract is also available but not fully functional and under development stage.
Once it is developed and implemented only online withdrawal shall be considered
except for some exceptional cases as mentioned in clause below.
B. Offline Withdrawal of Bids:
a. A partner of bidder (in case of partnership firms) whose DSC is registered on the
e-Procurement portal can access the portal for online withdrawal but when there is
a split in the business relationship, the partners whose DSC is not registered on
the portal do not have the option of online withdrawal of bid. Hence such partners

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may opt to use offline method of withdrawal of his/her offer (or express his
disassociation from the bidder organization).
b. Till a fully functional system of online withdrawal of bid (beyond end date of bid
submission and till award of contract) is not developed and implemented, offline
withdrawal shall also be considered.
II. Acceptance of withdrawal by Tender Committee:
A. Every case of withdrawal under Clause I-(A) (b) and Clause I-(B) shall be put up to Tender
Committee for deliberation and further course of action.
B. The Tender Committee shall apply its due diligence to decide:
a. Whether the request for withdrawal of offer has been received from right source and
authentic. For this purpose a letter is to be sent by registered post/speed post to the
bidder on the address as given by him in the enrollment page of e-Procurement
portal, allowing 10 days’ time to confirm the withdrawal. If the bidder does not confirm
the withdrawal within the stipulated period then it should be construed that there is no
withdrawal of bid. In case the withdrawal/disassociation from the firm (Partnership
firm) has been submitted by any other partner then also the confirmation has to be
sought from the bidder and if bidder wants to deny the withdrawal/disassociation from
the partnership firm then the bidder shall be required to furnish a legally acceptable
document signed by all the partners of the firm to substantiate his claim.
b. Whether the withdrawal is due to the reason other than to support any mala fide
intention of any participating bidder such as participating or supporting a cartel
formation etc.
c. If the mala fide intentions in the withdrawal are apprehended then the tender should
be cancelled apart from other penal action as per e-Procurement Manual for works
and services of CIL and other guidelines/manuals of CIL.
d. If no mala fide intentions in the withdrawal are apprehended then the penal action in
line with the prescriptions of the e-Procurement Manual for works and services of CIL
will be applicable.
The Tender Committee may also obtain the opinion of legal department in order to ascertain
the legal course of action in case of Clause II-(B)(b) and II-(B)(c) above.

30. Postponement of scheduled date(s):

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.
31. Public Enterprises preference:
The Company reserves its right to allow Public Enterprises purchase preference facility as
admissible under prevailing policy.
32. Contract Agreement Document(s):
This Tender Notice shall be deemed to be part of the Contract Agreement. The “General Terms
& Conditions”, Additional Terms & Conditions, Special Terms & Conditions (if any), Technical
Specifications, drawings (if any) and any other document uploaded on portal as NIT document
forms an integral part of this NIT and shall also form a part of the contract agreement as per
clause 2 of the ‘General Terms and Conditions’ of ‘Conditions of Contract’.

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33. Sub-letting of Work:

No subletting of work as a whole by the contractor is permissible. Subletting of work in piece
rated jobs is permissible with the prior approval of the department. The total value of
subcontracted work should not exceed 25% of the contract price specified in the contract.
Procurement of material, hiring of equipment or engagement of labour will not mean sub-
contracting.
If a contractor submits his bid qualifies but does not get the contract because of his being not the
lowest, he will be prohibited from working as a sub-contractor for the contractor who is executing
the contract.

The Contract Agreement will specify major items of supply or services for which the contractor
proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose
any addition or deletion from any such list and will submit proposals in this regard to the
Engineer-in -Charge/Designated Officer-in-charge for approval well in advance so as not to
impede the progress of work. Such approval of the Engineer-in-Charge/Designated Officer-in-
Charge will not relieve the contractor from any of his obligations, duties and responsibilities
under the contract.
34. Prohibition of Child Labour engagement:
The contractor/contractual Agencies must not engage any Child Labour during the course of
execution of the contract work within the meaning and scope of the Child Labour Prohibition &
Regulation Act-1986 and its relevant Act and Rules amended from time to time by the Govt. of
India.
35. Implementation of CMPF/EPF:
The tenderer shall have to ensure implementation of CMPF/EPF, if applicable, in respect of the
workers deployed by him as detailed in the tender document.
36. Splitting up of the work:

The Company does not bind itself to accept the lowest tender and reserves the right to reject
any or all the tenders without assigning any reasons whatsoever and to split up the work
between two or more tenderer(s) or accept the tender in part and not in its entirety.

37. Settlement of Disputes:

Matters relating to any dispute or difference arising out of this tender and subsequent contract
Awarded based on this tender, shall be dealt as per Clause No. 16- title- ‘Settlement of
Disputes’ of the ‘General Terms and Conditions’ of ‘Conditions of Contract’ of the tender
document.

38. Restrictions on Procurement from a bidder of a country which shares a land border with
India and on sub-contracting to contractors from such countries:

The guidelines as per order [Link].6/18/2019-PPD dt 23/7/2020 of Ministry of Finance, GoI as

amended from time to time shall be applicable.

I. Any bidder from a country which shares a land border with India will be eligible to bid in
this tender only if the bidder is registered with the Competent Authority.

II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain context)

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means any person or firm or company, including any member of a Joint venture (that is an
association of several persons or firms or companies), every artificial juridical person not
falling in any of the descriptions of bidders stated herein before, including any agency,
branch or office controlled by such person, participating in a procurement process.

III. “Bidder from a country which shares a land border with India” for the purpose of order
[Link]. 6/18/2019-PPD dated 23.07.2020 means :-

a. An entity incorporated, established or registered in such a country; or

b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A joint venture where any member of the joint venture falls under any of the above.

IV. “The beneficial owner” for the purpose of (III) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical
person(s), has a controlling ownership interest or who exercises control through other
means.

Explanation-

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

Twenty Five Percent of shares or capital or profits of the company;

b. “Control” shall include the right to appoint the majority of the directors or to control
the management or policy decisions, including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner is the

natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or
capital or profits of such association or body of individuals.

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is
the relevant natural person who holds the position of senior managing official.

5. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.

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

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dealings with third person.

VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
competent Authority.

Note:

1. (a) The intending bidders must accept unconditionally in GTE the Undertaking at
Annexure ____ in compliance to order [Link].6/18/2019-PPD dt 23/7/2020 and as
amended from time to time of Ministry of Finance, GoI.

AND
(b) Valid registration from competent authority (if applicable). Registration should be
valid at the time of submission of bid and at the time of acceptance of bids.

2. Guidelines issued by GoI regarding registration with Competent Authority and regarding
exclusion from restriction may please be referred.

39. Code of Integrity for Public Procurement (CIPP)

The bidders/ contractors are required to abide the Code of Integrity for Public Procurement
(CIPP) as given in the tender document at Annexure …..

40. Any corrigendum/date extension etc. in respect of above tender shall be issued in website
[Link] only. No separate notification shall be issued in the press.
Bidders are therefore requested to visit our website regularly to keep themselves updated.

41. Help for participating in e-Tender:

The detailed method for participating in the e-Procurement is available on links “Help for
Contractor” and “Bidders Manual Kit” in CIL‟s e-Procurement portal. The bidders may also seek
help from the following:
Type of Support Contact Persons Contact Numbers

0120-4001 002
NIC Support Team 0120-4200 462
Customer Care 24X7 Toll
(For Portal Related Assistance) 0120-4001 005
Free
0120-6277 787
e-Mail: support-eproc@[Link]

1) Mr. Rajib Srimany 8695467690

ECL FMP Helpdesk
(For Technical Assistance) 2) Mr. Sayed Maruf
9775650846
Ahamad Kirmani

- .

Tender Inviting Authority

Kunustoria Area

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