( UNDER JURISDICTION OF NAGPUR COURT ONLY )

WESTERN COALFIELDS LIMITED, UMRER AREA.

( A Subsidiary of Coal India Limited, a Government of India Undertaking )
Area Purchase Cell
Western Coalfields Limited
Office of the General Manager, Umrer Area
PO: Umrer Project, Dist: Nagpur
Maharashtra, Pin Code - 441204

Contact Persons name:N.V.Raghu Babu

Designaton: Staff Officer (MM)
Tel: 07116-247092, Fax : 07116-247374
Website : www. westerncoal.nic.in
www. tenders.gov.in
e-mail : [email protected]
CIN: U100MH1975GOI018626

NOTICE INVITING TENDERS (NIT)

E- Tender (Only Through Electronic Tendering)
Sub: E-tendering with E-price bids for supply of Tooth Point and Adaptors for EX1200 Hyd
Excavator
1. Tenders are invited online on the website: https://coalindiatenders.gov.in from the eligible bidders
having Digital Signature Certificate (DSC) issued from any agency authorized by Controller of Certifying
Authority (CCA ), Govt of India, for supply of the items as specified in this NIT. Tenders are to be
submitted strictly as per guidelines furnished in the website https://coalindiatenders.gov.in

Tender Ref No.

Mode of Tender

WCL-Um4550-pur-OPEN-082-2014-15 dt. 16-10-2014

Online Bidding System: Please
visit Coal India e-tendering portal
https://coalindiatenders.gov.in

TYPE OF TENDER

OPEN Tender

Tender Fee :
Earnest Money Deposit (EMD)
Tender Value
No of Bids
Last date and time for offline submission of EMD
payment through DD
Last date and time for on line submission of Offer:
Due date and time for on line opening of technocommercial bid of tender (Part- I ) :
Last date and time for seeking clarifications online :

Not applicable for E- tender

Rs.10,880.00
Rs.5,44,000.00
In two bid system

Price Bid opening date & time

It will be communicated separately, only to

the techno commercially qualified bidders.

07-11-2014; 3:00 PM
07-11-2014 ; 3:00 PM
10-11- 2014 ; 3:30 PM
'31-10-2014 ; 3: 00 PM

Note: Efforts will be made to get at least 3 bids in this tender. In case 3 bids are not received within the
originally stipulated time, the due date of tender shall be extended by 15 days by the tender inviting
authority, by issue of corrigendum through portal. Further, in case even after one extension of due date by
15 days still there are less than 3 bids received, the tender may again be extended by another 10 days, by
the tender inviting authority, by issue of corrigendum through portal.
However, WCL reserves its right to open the tenders, even if there are less than three bids, without
granting any extension, in case of extreme urgency of exceptional nature, expressed by user department,
by recording reasons and with competent approval

Contents of tender documents:

1
2
3
4
5
6
7

Important Commercial Terms and Conditions of NIT

Special Terms and conditions of NIT
Template for Commercial terms and conditions for online submission by
the bidder
Template for Schedule of Requirement & Technical Specifications for online
submission by the bidder
Template for Technical parameter sheet for online submission by
the bidder
Template for Price Bid / BOQ format for online submission by the bidder
General Terms and conditions

Annexure AA
Annexure BB
Annexure - A
Annexure - B
TPS
BOQ
Annexure D

Note:
Annexure A & B TPS are included in Techno commercial Bid Cover 1 and BOQ is included
in Cover 2. Registered vendors can download through online and submit the filled formats
online.
Annexure AA , BB & D ' form the part of the NIT.
Bidders to upload the Eligibility like supply order copies/performance certificates related
documents in pdf format only in OID (Other Important Document).
Registered vendors can download through online the formats in our website
http://coalindiatenders.gov.in.

Requirements for Vendors

A) P.C. connected with internet.
B) Registration with Service provider portal https://coalindiatenders.gov.in
2.0

C) The vendor should posses a Class II Digital Signature certificate (Mandatory).

D) (Bids will not be recorded without Digital SignatureCertificate.)
( please also visit our e-tendering portal https://coalindiatenders.gov.in for details
E) In case of any clarification please contact M/s. NIC, well before the schedule time for
submission of bids.
Contact Person:Mr. Nakul Navekar
:- 09561883993
Mr. Mahendra Wakhare :- 09923391219
NIC Toll Free telephone no: 1800-233-7312
Registration / Enrollment of Bidder on e- procurement Portal of CIL
In order to submit the bid, the bidders have to get themselves registered online on the eprocurement portal of CIL with valid Digital Signature Certificate (DSC ) issued from any agency
authorized by Controller of Certifying Agency ( CCA ), Govt of India and which can be traced upto
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 the
bidder, whereas DSC holder may be either bidder himself or his duly authorized person.

2.0.1 For registration/ enrollment, Submission procedure and method of

correspondence etc Please visit our website:https://coalindiatenders.gov.in
and click on the relevant links for help.
2.0.2 To obtain the Class II digital signature certificate or further details please visit our
website:https://coalindiatenders.gov.in or you may also Contact:
Mr. Nakul Navekar
:- 09561883993
Mr. Mahendra Wakhare :- 09923391219
Help for participating in e-tender:
The detailed method for participating in the e-procurement are available in the website
https://coalindiatenders.gov.in. The bidders have to Log on to official web site and then click on
the specified links to start participating in the e-procurement process.
2.0.3

Bidders are also free to communicate with the contact person of the service provider to get all
clarifications regarding the mode of the e-procurement process.

NB : ( I ) Please note that there is no provision to take out the list of parties downloading the
tender document from the above referred web site . As such , bidders are requested to see the
website once again before due date of tender opening to ensure that they have not missed
any corrigendum uploaded against the said tender after downloading the tender document.
The responsibility of downloading the related corrigenda , if any , will be that of the downloading
parties.
( ii ) No separate intimation in respect of corrigendum to this NIT( if any ) will be sent to
bidderswho have down loaded the documents from website. Please see websites ie.,
http://www. westerncoal.gov.in or http:// www. tenders.Gov.in. or https://coalindiatenders.gov.in

3 . The offer should be submitted (uploaded ) strictly as per the terms and conditions and
procedures laid down in the website https://coalindiatenders.gov.in / tender document
failing which the offer is liable for rejection.
Bidders should download the complete NIT including the Annexures and read carefully before
filling the details in the templates / uploading the documents / submitting the tenders on line.

4. The offers with any deviations to the NIT Terms and conditions shall be liable for
rejection.
5. The bidder must upload all the documents required as per the terms of NIT. Any other
document uploaded which is not required as per the terms of the NIT shall not be
considered. Confirmation of acceptance of the terms and conditions shall be given
online. Any other terms and conditions indicated by the bidders in deviation to the already
accepted terms and conditions shall not be considered.
(Note : It may pleased be noted that E-tendering or e-procurement fall under the purview of the
Information Technology Act 2000 and Information Technology ( Amendment) Act 2008 and
other relevant acts and subsequent amendments if any )
6. All disputes shall be subject to the jurisdiction of Nagpur court only.

7. The packing of all the materials quoted shall conform to the requirements of the carriers.
8.

PREPARATION OF TENDER DOCUMENTS :

8.01 TWO BID SYSTEM:

The Tender Documents are to be submitted in two bid system in the following manner and shall be

submitted through electronic mode only.

8.01.a. Part I (Techno-commercial bid): This part of the offer should contain the documents and
details asked for as under (in no case should contain / indicate the offered prices)
a) Template for Commercial terms and conditions (Annexure A).
b) Template for Technical Specifications/ Terms & conditions (Annexure B)
c) Technical Parameter Sheet ( TPS ) : The technical parameter sheet containing the technical
specification parameters for each tendered item will be in excel format and will be downloaded
by the bidder. The bidder will furnish the required information in this excel file and upload the
same excel file during the bid submission. Non compliance of any one specification parameter of
any item will disqualify the bidder for that item.

Annexure A, Annexure 'B' & TPS ( Files in excel format ) are to be downloaded from the etendering system and then the filled templates are to be uploaded in the e - tendering system.
Incomplete templates / TPS or the templates / TPS not submitted as per the instructions given
will be rejected.

d) Scanned copies of documents as required as per requirements of the NIT and as specified in
the Annexure A and Annexure 'B' are to uploaded .
All the above documents ( a to d ) and the details of EMD or documents for exemption of EMD
are to be uploaded into Cover- 1 of the e-tendering system
8.01.b. Part II: Price-Bid / BOQ: This part of the offer should contain price portion. The format
of Price Bid / BOQ which is in excel format shall be downloaded by the bidder and the rates,
taxes & duties offered by the bidder shall be filled in this excel file and upload the same excel file
into the Cover- 2 of the e-tendering system while submitting the offer.
The price bid / BOQ which is incomplete and not submitted as per the instructions given will be
rejected.

Important NOTE: In the BoQ /Price Bid if any item is not quoted then all the zeros of the
row for that particular item must be removed ( all cells should be make blank ) before
saving and uploading the BoQ. Otherwise system will consider zero as the quoted price
for that item
Note :
1. Bidders

are requested to upload all the attachments /documents in one single PDF
File in Other Important Documents(OID). For Example if more than one document is to
be uploaded in support of Eligibility criteria or proveness criteria or any other
requirement then bidder must prepare one single PDF file of all the related documents
and then upload in the system in OID.
2. Tenderers must ensure copies of NSIC-registration, DGS&D-registration, DGMS approval, BIS
certification & other Statutory documents required to be uploaded with offer should be duly attested by
PUBLIC NOTARY. In case of failure to upload the documents complete in all respect duly notarized by
PUBLIC NOTARY the offer will be considered as non responsive.

9.01. OPENING OF TENDERS:

9.01.a. Part - I (Techno Commercial bid) will be opened electronically on specified date and time as
given in the NIT . Tenderers or their authorised representatives can witness electronic opening of tenders .
9.01.b. Part - II (Price Bid/ BOQ) will be opened electronically of only those tenderers whose Part I is
found to be techno-commercially acceptable. Such tenderers will be intimated date of opening of price bids,
through e-mail.
10.00 EVALUATION OF PART- I ( TECHNO COMMERCIAL BID )

1. Techno-commercial evaluation of only those bidders will be done who have submitted the
requisite EMD (offline) or the EMD exemption documents ( online) as per the requirement of the
NIT. No further reference will be made to the bidders in this respect. Bidders must ensure that the
documents uploaded for claiming exemption of EMD shall be valid and cover the tendered /
offered items . Decision of WCL regarding coverage of tendered / offered items in the submitted
documents will be final and binding on the bidders. Bidders should ensure themselves that they
have uploaded scanned copies of all the required documents as stipulated in the NIT, Filled in
Technical Parameter Sheet ( TPS), Filled in Template of Commercial Terms ( Annexure A ) and
Filled in Template of Technical Terms ( Annexure B )
2. Initially, there will be technical scrutiny report and commercial scrutiny report generated by system
itself.
3. The copies of system generated technical and commercial scrutiny reports shall be available in
system and may be downloaded by the technical department and MM /Purchase department
respectively for separately carrying out the technical scrutiny and commercial scrutiny .
4. Subsequently, technical scrutiny and commercial scrutiny generated by the system shall be
scrutinized / verified by the concern departments in light of the documents uploaded by the
Bidders, in respect of the bidders qualified based upon the templates response only.

The bidders will have to give undertaking online that, if the information / declaration / scanned
documents furnished by them, in support of the same in respect of eligibility criteria is found to be
wrong or misleading at any stage they will be liable for punitive action.
The bidders may seek clarifications online within the specified period, before the tender opening. His
identity will not be disclosed by the system. The department will clarify as far as possible the relevant
queries of bidders. The clarification given by the department will be visible to all the bidders intending
to participate in the tender. The clarifications may be asked from the next day of e- publication of the
NIT. The last date for seeking clarifications will be 15 ( fifteen) days before the last date of submission
of bid and the last date of giving clarification online will be upto 7 days before the last date of
submission of bid

Note : In view of the above procedure of evaluation, bidders at the time of submission of
bid should ensure that their offers/templates and supporting documents are correct and
strictly meet the NIT criteria.
All notices to the bidders shall be sent by e-mail only during the process of finalisation of tender
by WCL as well as e-procurement service provider. Hence the bidders are required to ensure that
their corporate e-mail -id is provided / updated during the registration of vendor with Service
Provider. Bidders are also requested to indicate their valid corporate e-mail- id and mobile no. of
authorised representative at Annexure A ( Commercial terms & conditions ) for communications
through e- mails / SMS alerts ( if any)

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
5. Shortfall Documents: WCL may ask for shortfall documents during the evaluation of the bids.
These documents shall not be relating to submission of EMD. Request for documents and
the response shall be in writing and no change in the prices of the bid shall be sought, offered or
permitted.
No modification of the bid or any form of communication with WCL, Umrer Area or submission of any
additional documents, not specifically asked for by WCL , Umrer Area will be allowed and
even if submitted, they will not be considered.
These documents sought by WCL ,Umrer Area shall be allowed to be uploaded within 10 (Ten)
days. The above documents will be specified on-Line under the link "Upload Additional
documents'' by WCL, Umrer Area indicating the start date and end date giving 10 days' time for on-line
submission by bidder. The bidders will get this information on their personalized dash board under
Upload Additional documents"
link.
Additionally, information shall also be sent by system
generated e-mail, but it will be the bidder's responsibility to check the updated status / information on
their personalized dash board at least once daily after opening of bid. No separate communication will
be made in this regard. Non-receipt of e-mail will not be accepted as a reason of non-submission of
documents within prescribed time. The bidder will re-upload the requested documents within the
specified period and no additional time will be allowed for on-Line submission of documents.
However, if due to some technical problems, uploading of the shortfall documents On-line is not
possible, then the same will be allowed to be submitted off-line, giving suitable instruction and
time limit to the bidder for submission of the shortfall documents.

(ANNEXURE AA )
IMPORTANT COMMERCIAL TERMS AND CONDITIONS OF THE NIT

(Bidders to read carefully before submitting the online tenders )

1. EARNEST MONEY DEPOSIT : Earnest Money Deposit (EMD) amount as indicated at page 1
of the NIT should be furnished through Demand Draft in Off line mode only. In the Off line mode
the bidder can make payment of EMD through Demand Draft from designated Bank /scheduled
Bank .Demand Draft should be drawn in favour of WESTERN COALFILEDS LIMITED ,UMRER
AREA, payable at Union Bank of India, Umrer Colliery Branch, Dist: Nagpur (MS). EMD must be
submitted in sealed cover before the due date of submission of the offer as indicated at page 1 of
the NIT. The scanned copy of the DD shall also be uploaded
In case of any exemption of EMD claimed by the bidders, the notary attested copies of the
relevant documents ( as per the details indicated below) shall be uploaded alongwith the techno
commercial bid ( Part- I ).
The sealed covers ( containing DD towards EMD ), shall be submitted in the Office of Staff Officer
(MM), Office of the General Manager, Western Coalfields Ltd, Umrer Area, Umrer Project, Dist:
Nagpur -441204 (MS). The sealed covers must be superscribed with name and address of the
bidder, tender no. and date of opening. These sealed covers must be submitted before 3.00 pm
on the due date of submission of tender. Failure to follow the instructions will render the tender
(bid) unacceptable.
Note: The offers submitted shall be considered valid only when EMD amount is received before the last
date and time of opening of bid, otherwise the tender shall be treated as non-responsive.
The EMD of unsuccessful bidders will be refunded through e- payment, immediately after the bidder is declared
unsuccessful. The bidders have to upload their Bank details / Mandate Form for e- payment along with
EMD.
Exemption of EMD : The following tenderers / firms are eligible for exemption of EMD.
a) Valid DGS&D/ NSIC registered firms (for the tendered items). The DGS&D / NSIC registrations should be valid
on the date opening of the tender. The firms should upload the scanned copies of NOTARY attested DGS&D /
NSIC registration certificates alongwith the techno commercial bid.
b) State / Central Government organizations / Public Sector Undertakings. The firms should upload the scanned
copies of registration certificates alongwith the techno commercial bid.
c) WCL Ancillaries for the tendered items. The firms should upload the scanned copies of registration certificates
along with the techno commercial bid.
d) Micro and Small Enterprises registered with District Industries Centers or Khadi and village Industries
Commission or khadi and village Industries Board or Coir Board or National Small Industries Corporation or
Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME for tendered items .
Firms will have to submit Notarized ( public Notary ) valid copy of their registration certificate for claiming the
exemption. The certificate should clearly indicate that firm is a Micro and Small Enterprises. Firms should upload
the scanned copy of Notary attested valid registration certificate with above authorities along with technocommercial bid.
In case it is an enterprises wholly owned by Scheduled Caste (SC) or Scheduled Tribe (ST) then SC or ST
will have to submit a copy of necessary caste certificate issued by State Authority as per Law duly notarized by
Public Notary. Firms should upload the scanned copy of Notary attested above valid certificate with technocommercial bid.
2. SECURITY DEPOSIT : The successful tenderer shall have to furnish the security deposit amount in the form of
Demand Draft or Bank Guarantee of any scheduled bank for 10% ( ten percent ) value of the awarded contract
( landed value ) without having any ceiling within 15 days time from the date of supply order.
In case the successful tenderer fails to deposit the security money, the order shall be cancelled and the case shall
be processed to order elsewhere and the firms performance is to be kept recorded for future dealings with them.
Security deposit money will be refunded to the firm within 30 days from the date of satisfactory execution of the
contract.

For unsatisfactory performance and / or contractual failure, the security money shall be forfeited.
Security Money may be converted into performance bank guarantee (PBG ) ( wherever PBG is required as per the
contract ). However, in such case the amount of PBG should not be less than 10% ( ten percent ) of the landed
value of the order.
EXEMPTION OF SECURITY DEPOSIT : State / Central Government organizations / Public Sector Undertakings ,
DGS&D / NSIC registered (for the tendered items) firms and WCL Ancillaries for the tendered items who have
qualified for the exemption of EMD and having uploaded the required documents shall also be exempted from
furnishing the Security Deposit.
However, in case of NSIC registered firms, the exemption of the security deposit shall be only upto their monetary
limit, if any, indicated in the registration certificate. In case the value of order placed is above such monetary limit
indicated in the registration certificate, the successful tenderer shall have to furnish the Security Deposit for 10% of
order value over such monetary limit.
Note : In case of a vendor development tender / Trial tender, there is no exemption to any bidder from
depositing security money.
3. ELIGIBILITY CRITERIA : Tenderers who meet the eligibility & provenness criteria as per Annexure BB of
the NIT are eligible to quote. Only Manufacturers of the tendered items are to quote. In case the tenderer is a
manufacturer, the full address of works with SCANNED NOTARISED COPY of their valid registration with NSIC /
SSI / DIC / DGS&D / Registrar of Companies etc in their own name is to be uploaded with the offer.
IN CASE, AS A MATTER OF POLICY, any Manufacturer(s) does not market their product(s) directly
(A) then such manufacturer(s) may submit their offer alongwith documents for their being manufacturer as
specified in clauses 3 above, through their Authorised Marketing outlet. In such case authorization certificate ( duly
attested by PUBLIC NOTARY ) valid on due date of tender opening OR authenticated authority letter (scanned
copy of original letter specifying the tender reference) in the name of tenderer from manufacturer for the tendered
items should be uploaded by the tenderer along with the offer, failing which the offer will stand rejected.
(B) In case of goods of imported origin, authorized Indian Marketing outlet of foreign manufacturers are also
authorized to quote along with authenticated authority letter (scanned copy of original specifying the tender
reference) in the name of tenderer from foreign manufacturer / Indian entities of foreign manufactures for the
tendered items. In absence of such authority / reference the offer shall be ignored.
4 . VALIDITY OF THE OFFER: The offer should be kept valid for 180 days ( one hundred eighty days ) from the
date of opening of tender ( part A ) as specified. Withdrawal of tender within the validity period is not permitted.
5. F O R DESTINATION : The prices quoted should be on FOR destination basis only upto the Consignee
Stores. The safe arrival of the consignment upto the destination stores shall be the responsible of the vendor.
6. Payment Terms for indigenous bidders : 100% Payment within 21 days of receipt and acceptance of
materials at destination stores or submission of bills whichever is later.
7. SUBMISSION OF BILLS:
For claiming payment, following documents are to be submitted along with original bills as per terms of
the supply order to the consignee.
i. Pre-receipted and stamped Invoice ( and/ or Original Buyers copy of invoice + transporter copy of invoice
wherever ED is payable)
ii. Required dealer invoice as mentioned in Taxes & Duties clause No. 16 / or Transporter copy of invoice in case
of supplies by dealers for obtaining CENVAT credit wherever CENVAT is applicable.
iii. Packing list in original list giving details of bill of materials
iv. Consignment note / RR/ LR in original
v. Warranty / Guarantee certificate & Fitment Guarantee
vi. Manfuacturers test certificate , if applicable
vii. DGMS / BIS / Pre dispatch inspection certificates / any other document, if required as per the contract.
b. In case of Supply of stores is to be arranged after importing ordered items in Original Packing. Original packing
would not be applicable for items which are shipped in open condition in containers etc. The following import
documents are required to be submitted with each supply for acceptance of supplied spares to WCL.
a. Self attested copy with original Principal invoice / packing list
b. Self attested copy with Bill Lading / Airway bill
c. Self attested copy with original Bill of entry
d. As per contractual requirement (if any) warranty / guarantee certificate
e. Certificate of origin

The supplier shall provide clear linkage of items as per order with documents furnished under clause (a), (b) and (c)
for acceptance of spares by WCL
The original documents under (a) and (c) shall be returned after verification with attested photocopy and making
endorsements on original relating to transaction made.
8. LIQUIDATED DAMAGES CLAUSE : In the event of failure to deliver the stores within the stipulated date /
period in accordance with the samples and / or specifications mentioned in the supply order and in the event of
breach of any of the terms and conditions mentioned in the supply order, Coal India Limited and / or its subsidiary
Companies should have the right :a. To recover from successful tenderer, as agreed liquidated damages, a sum not less than 0.5% of the price of the
store which successful tenderer has not been able to supply (for this purpose part of a unit supplied will not be
considered) as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears
limited to 10 %. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the
Materials Management Division
b. To purchase from elsewhere, after due notice to the successful tenderer, on the account and at the risk of the
defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in
respect of consignment not yet due for supply or
c. To cancel the supply order or a portion thereof, and if so desired, to purchase the store at the risk and cost of the
defaulting supplier and also
d. To extend the delivery period with or without imposition of Liquidated Damages as may be considered fit and
proper. The penalty if imposed shall not be more than the agreed liquidated damages referred to clause (a) above.
e. To forfeit security deposit in full or part.
f. Whenever under the contract a sum of money is recoverable from and payable by the supplier, Western
Coalfields Limited, shall be entitled to recover such sum by appropriating, in part or in whole by deducting any sum
or which at any time thereafter, may become due to the successful tenderer in this or any other contract, with
Western Coalfields Limited. Should this sum be not sufficient to cover the full amount recoverable, the successful
tenderer shall pay to Western Coalfields Limited, on demand the remaining balance. The supplier shall not be
entitled to any gain on any such purchase.
9. FORCE MAJEURE CONDITION: If the execution of the contract/supply order is delayed beyond the period
stipulated in the contract supply order as a result of outbreak of hostilities, declaration of an embargo or blockade
or fire, flood, acts of nature or any other contingency beyond the suppliers control due to act of God then Western
Coalfields Limited may allow such additional time by extending the delivery period, as it considers to be justified by
the circumstances of the case and its decision shall be final. If and when additional time is granted by the Coal
India Limited and its subsidiary companies, the contract/supply order shall be read and understood as if it had
contained from its inception the delivery date as extended.
10. BANNED OR DELISTED SUPPLIERS:
The bidders should give a declaration that they have not been
banned or de listed by any Government or quasi- Government agencies or PSUs. If a bidder has been banned by
any Government or quasi Government agencies or PSU, this fact must be clearly stated and it may not necessarily
be a cause for disqualifying him.
If this declaration is not given, the tender shall be treated as non responsive
11. PURCHASE PREFERENCE :a) Purchase preference will be applicable to ancillary units of WCL as per existing
ancillary policy of WCL. For details in respect of ancillary units and their items as well as ancillary policy of WCL,
website ( http://www.westerncoal.nic.in) may be referred.
b) Micro and Small Enterprises ( MSEs ) registered with District Industries Centers or khadi and village Industries
Commission or khadi and village Industries Board or Coir Board or National Small Industries Corporation or
Directorate of Handicrafts and Handloom or consortia of Micro and Small Enterprises formed by National Small
Industries Corporation shall be entitled for Purchase Preference if the price quoted by the MSEs is within 15% of L1 price ( L-1 price means Landed Lowest price ) quoted by bidder, for the tendered items for which they are the L-1.
Purchase preference shall be applicable for the 20% of the tendered quantities only provided L-1 bidder is not
MSE and the MSEs accept the L- 1 price.
In case MSEs is the L-1 bidder for an item, order for 100% of the offered quantity shall be placed on MSEs
firm. However, if an MSE owned by SC/ST is within 15% of the L-1 price quoted by the L-1 bidder then 20%
quantity shall be ordered on them at L-1 rate, subject to their acceptance.
In case L- 1 bidder is an enterprises other than MSEs then order for 20% of the tendered quantities shall be
placed on MSEs firm whose price is within 15% of the L- 1 price and subject to their acceptance of L- 1 price.
In case more than one MSEs participates in the tender and their prices are within 15% of L- 1 price and L-1
bidder is an enterprise other then MSEs than 20% of the tendered quantities shall be distributed
proportionately between participating MSEs on their acceptance of L- 1 price.
In case more than one MSEs participates in tender and their prices are within 15% of L- 1 bidder price who is
not a MSEs and one of the MSEs is owned by SC or ST than 4% tendered quantities or say 20% of the 20%

tendered quantity shall be procured from MSEs owned by SC or ST entrepreneurs subject to their acceptance
of L-1 price besides distribution guideline laid above.
In case of more than one MSEs is owned by SC or ST than 4% tendered quantities or say 20% of the 20%
tendered quantity shall be procured from these MSEs owned by SC or ST entrepreneurs subject to their
acceptance of L-1 price besides distribution guideline laid above.
Note: In case the bidder claims Purchase Preference being Micro or Small Enterprises, the documents
submitted shall clearing indicate the category of the vendor like Micro / Small / SC or ST. In this regard
notary attested copy of the Enterpreneur's Memorandam, Acknowledge Part- II issued by DIC shall be
submitted. If category of the bidder is not indicated clearly in the documents submitted, than the bidder
will not be considered entitled for purchase preference.

It is the responsibility of the bidder to establish their credentials for claiming the Purchase
Preference for MSEs.
12. BUYERS RIGHT TO DECIDE THE TENDER:- WCL reserves the right to reject or accept or withdraw the
tender in full or part as the case may be without assigning reasons thereof. No dispute of any kind can be raised
against this right of buyer in any court of law or elsewhere.
13.TAXES AND DUTIES APPLICABLE :

i.
Whenever the bidders mention that taxes and duties are payable extra, the current rate of taxes and
duties as applicable will be added.
ii.

Excise duty if applicable will be payable extra as per prevailing excise rules. Refund / Credit, if any,
obtained shall be passed on to the buyer which shall be certified by the auditor of the supplier.
WCL avails CENVAT Credit for the goods/services for which the same is available . Tenderers are therefore
advised to quote Excise duty & Service Tax applicable on the quoted items separately. While comparing the
quoted prices, CENVAT credit shall be taken into consideration and comparison will be made accordingly.
Bidders on whom orders are placed should submit transporter copy of invoice at the time of supply of
material wherever CENVAT is applicable.

It is mandatory for all suppliers to mention the Chapter Sub Heading Number under which the
offered / supplied item falls as per Central Excise tariff in the Excise invoice .
iii.

iv.

v.
vi
vii

Procurement from both First stage Dealer and second stage dealer is eligible for CENVAT credit only if
such first or second stage dealer as the case may be, is registered under Central Excise provisions and
issues Dealer invoice Under rule 11 of central Excise Act
In case bidders are dealers ,They have to clearly indicate whether they will submit Dealer invoice for
availing CENVAT credit . In case Dealer is not in a position to submit such type of invoice, CENVAT credit
shall not be considered while comparing the prices quoted by bidders .
In case of supply of goods by dealer to WCL after importing, WCL avails CENVAT credit on
Countervailing Duty and Special Additional Duty. Authorised dealers who are submitting the offer for
imported goods are therefore advised to indicate Countervailing Duty and Special Additional Duty
applicable on quoted items separately as indicated in Bill Of entry. Such dealers will have to be registered
under Central excise act to enable them to issue dealer invoice so that WCL can avail CENVAT credit.

If bidder is exempted from paying Excise Duty, the same must also be confirmed with valid
documentary evidence.
Similarly, the bidder should clearly indicate the Sales Tax applicable.
In case of supplies where VAT is applicable, bidder should indicate the rate of VAT applicable.
The vendor should submit the Tax Invoice along with the supplies and WCL will avail Input Tax
credit ( ITC ) as per the VAT rules. The set off of ITC will be considered while evaluation of bids
for comparison and ascertaining the L1 status of the firms.
In case of supplies from outside Maharashtra State, where Central Sales Tax is applicable.
Concessional Sales tax as applicable for tendered item should be quoted

viii
Bidders should indicate details like CEC Number , TIN Number etc and upload the Central Excise
Registration and Sales Tax Registration certificates alongwith the offer.
14. The tendered quantity is tentative and WCL reserves its right to increase or decrease by 20% of the tendered
quantities.
15. This NIT shall also be governed by the General Terms and conditions of supply of stores
( Annexure-D ) enclosed. All these terms and conditions shall be also be applicable, unless and
otherwise specified in any other Annexure of this NIT.

SPECIAL TERMS AND CONDITIONS OF THE NIT

- ANNEXURE BB

(Bidders should read carefully before submitting the online tenders )

1.
SCHEDULE OF REQUIREMENT & TECHNICAL SPECIFICATIONS
Tooth Points and Adaptors for Tata Hitachi EX-1200 Hydraulic Excavator
Sl no Item Description
1.
Adaptor
2.
Tooth Point
3.
Pin
4.
Washer

Part no:

Qty

TD08414
TD08413
TE08790
TE08791

11 nos
33 nos
33 nos
33 nos

2. Eligibility Criteria : The following are eligible to quote

1
2

OEM
OPM

OTHERS

M/s Tata Hitachi Construction Machinery Co Ltd

Manufacturers or sole selling agents/ authorized dealers/ authorized distributors of
manufacturer who have manufactured & supplied tendered items to OEM in past.
Manufacturers or sole selling agents/ authorized dealers/ authorized distributors of
manufacturer of tendered items who have manufactured & supplied tendered items to CIL
or its subsidiaries (against HQ/ Area purchase orders) in past.

3. Proveness Criteria
1
2

OEM
OPM

Original Equipment Manufacturer, no documentary evidences are required.

Bidders (manufacturers or sole selling agents/ authorized dealers/ authorized distributors of
manufacturer) have to submit:
a. Self Attested copy of purchase orders for the tendered items in support of having supplied to
OEM.
b. Self attested copy of Delivery Challan as a proof of supply to OEM against OEMs purchase
orders enclosed.
OR
Self Attested & Notarized copy of Trade Agreement of the OEM with the Bidder
The manufacturer whose supplied Assemblies / Sub Assemblies / Components to OEM have
been declared fitted on the equipment by the OEM. In such case, documents mentioned as above
are not required for declaring them as OPM.
OR
The manufacturer whose supplied Assemblies / Sub-assemblies / Components were found fitted
on the equipment. In such case, documents mentioned as above are not required for declaring
them as OPM.

OTHERS

Bidders (Manufacturer or sole selling agents/ authorized dealers/ authorized distributors of

manufacturer) of tendered items have to submit:

Self attested supply order copy of HQ / Area Purchase Orders from CIL or its
subsidiaries for the tendered items.
2

Self attested copy of Delivery Challan/ Memos duly accepted by ordering authority/ Stores to
establish that supplies against supply orders enclosed have successfully been executed.
Alternatively, Firm may give self declaration certificate stating that supplies against supply
order copies enclosed have successfully been executed.
3 Self attested Copy of satisfactory performance of adptors, tooth points/ pin/ washers from user
for a period of not less than 3000 working from the date of commissioning/ fitment in case of
Adaptors and for a period of not less than 600 working from the date of commissioning/ fitment
in case of tooth points/ pins/ washers.
Alternatively, firms may give notarized self certified certificate stating that adaptors and Tooth
points / Pins / washers against order copy enclosed have performed satisfactorily for a period of
not less than 3000 working from the date of commissioning/ fitment in case of Adaptors and for a
period of not less than 600 working from the date of commissioning/ fitment in case of tooth
points/ pins/ washers. and that there was no complaint against the supplies.
To substantiate proveness following documents are also required to be submitted.
A Manufacturer should submit Self Attested & Notarized copy of valid manufacturing certificate/ license of
tendered Item

B
1
2

Sole selling agents/ authorized dealers/ authorized distributors of manufacturer of tendered items should
submit:
Authorization from the manufacturer to quote against the tender.
Self Attested & Notarized copy of principals valid manufacturing certificate/ license.

The status of provenness would be evaluated and decided by HOD of concerned technical department
based only on the documents submitted by the bidders

All the relevant documents to establish the eligibility and provenness of the bidder shall be
compiled into one PDF file and uploaded with the techno commercial bid in the Cover ( Other
Important Documents ) (OID -I )
(4 ). DELIVERY SCHEDULE : To be supplied within 45 days from the date of placement of order.
The delivery period shall be reckoned from 7th (Seventh ) day of order date.
Note : The bidder should be in a position to supply in the delivery period specified above at least 25% of the total
quantity for which the bid has been issued . Offers from bidders who fail to comply with the above qualification
criteria shall be considered unresponsive . That means, the offered quantities should not be less than 25% of
the tendered quantities. In case phased delivery is specified in tender, offered quantity will be distributed
proportionately to each phase.

( 5) CONSIGNEE : The Depot Officer, WCL,Umrer Area Stores, P.O. _ Umrer Project , Distt:- Nagpur, M.S. :441204 , Telephone :- 07116- 247181. TIN No. 27780000004V dtd. 01.04.2006 ; CST No. 27780000004C dt.
01.04.2006 CEC No. AAACW1578LEM080 ( Range Kalmeshwar, Division :- Nagpur-II; Commissionerate :Nagpur )

(6) PAYING AUTHORITY : Area Finance Manager , Western Coalfields Limited, Umrer Area , P.O. _ Umrer
Project , Distt:- Nagpur, M.S. :- 441204

( 7 ) PRICE : The Price to be quoted shall be FIRM price and in case of order, shall remain FIRM till
complete execution of the order . In case , against FIRM price any variable price is offered such offers shall be
rejected without notice.

(8) GUARANTEE / WARRANTY :

For Adaptor : The tenderer shall be fully responsible for the manufacturer's warranty in respect of proper design,
quality, workmanship of the materials and their proper fitment for a period of 3000 working hours from the date of
fitment OR 18 (eighteen) months from the date of receipt and acceptance of materials whichever is earlier.
For Tooth Points / Pins / Washers : The tenderer shall be fully responsible for the manufacturer's warranty in respect of
proper design, quality, workmanship of the materials and their proper fitment for a period of 600 working hours from
the date of fitment OR 18 (eighteen) months from the date of receipt and acceptance of materials whichever is earlier.
In case these items supplied are found to be defective or not genuine and not to the specification, tenderer shall replace
all such items free of cost immediately.

(9)FITMENT GUARANTEE : Bidder has to submit fitment guarantee for the tendered item for its proper fitment
on the equipment and functioning without any modifications.

(10). FINAL INSPECTION: Final Inspection of the consignment shall be carried out at the destination stores,
which will be arranged by the consignee on receipt of stores.
11. In case of any specific clarification required in respect of this tender, following executives may be contacted.
1) Shri. N V Raghu Babu , Staff Officer (MM) , Phone no: 07116-247092, Fax no: 07116-247374
E-mail: [email protected]
STAFF OFFICER (MM)
MM Dept, WCL, Umrer Area

ANNEXURE D
GENERAL TERMS AND CONDITIONS OF SUPPLY OF STORES
1. Definition;
In the interpretation of the Contract and the general and special conditions governing it unless the context otherwise requires:
Contract means the invitation of tender, instructions to tenderers, acceptance of tender, particulars and the general and special
conditions specified in the acceptance of tender and includes a repeat order which has been accepted and acted upon by the
supplier.
The term SUPPLIER shall mean the person, firm or company with whom the contract is placed and shall be deemed to
include the supplier in successors (approved by the Purchaser) representatives, heirs, executors, administrators and permitted
assignee as the case may be.
CONTRACT PRICE shall mean the sum accepted or the sum calculated in accordance with the price and / or terms accepted
by or on behalf of the purchaser.
The Chairman cum Managing Director means Chairman cum Managing Director of Western Coalfields Limited, Nagpur
The term DRAWING shall mean the drawings, the plans specified in or annexed to the schedule of specification.
The term PURCHASE EXECUTIVE shall mean the purchaser or purchaser named in the schedule to the tender, his or their
successors or assignees.
The term INSPECTOR shall mean any person nominated by or on behalf of the purchaser to inspect supplies, Stores or works
under the contract or his duly authorized agent.
The term PROGRESS OFFICER shall mean any person nominated by or on behalf of the purchaser to visit suppliers works to
ascertain the position of deliveries of stores purchased.
The term MATERIALS shall mean anything used in the manufacture or fabrication of the stores.
The term PARTICULARS shall mean the following :
a.
Specification
b.
Drawing
c.
Sealed pattern denoting a pattern sealed and signed by the inspector
d.
Certified or sealed sample denoting a copy of the sealed patter or sample sealed by the purchaser for guidance of the
Inspector.
e.
Trade pattern denoting a standard of the ISI or other standardizing authority of Western Coalfields Limited and / or a
general standard of the Industry and obtainable in the open market.
f.
Proprietary make denoting the product of an individual manufacturer
g.
Any other details governing the construction, manufacturer and or supply as existing in the contract
STORES means the goods specified in the supply order or schedule which the contractor has agreed to supply under contract.
The term TEST shall mean such test or tests as are prescribed by the specification or considered necessary by the Inspector or
any agency acting under direction of the Inspector.
The term SITE shall mean the place or places named in the SUPPLY ORDER or such other place or places at which any work
has to be carried out as may be approved by the purchaser.
Works denoting the persons shall include any company or association or body of individuals whether incorporated or not.
WRITING shall include any manuscript, typewritten or printed statement under or over signature or seal as the case may be.
UNIT & QUALITY means the unit and quantity specified in the schedule.
SUPPLY ORDER or PURCHASE ORDER means an order for supply of stores and includes an order for performance.
2. The delivery of stores shall be deemed to take place on delivery of the stores in accordance with the terms of the contract
after approval of stores by the Inspector to:
i.
The consignee at his premises or
ii.
Where so provided the interim consignee at his premises or
iii.
A carrier or other persons named in the contract an interim consignee for the purpose of transmission to the consignee.
iv.
The consignee at the destination station in case of contracts stipulated for delivery stores at destination station.
3.

Words in the singular include the plural and vice-versa.

4.

Words denoting the masculine gender shall be taken to include the famine gender and work persons, shall include any
company or association or body of individuals, whether incorporated or not.

5. Terms and expressions not herein defined shall have the meanings assigned to them in the India Sale of Goods Act 1930 or
the Indian Contract, 1872 or the General Clauses Act 1897 and as amended in respect of all the Acts as the case may be.
6
(a) Parties:The Parties to the contract are the supplier and the purchaser named in the schedule or any
other specifically mentioned in the contract.
(b) Address to which communications are to be sent

For all purposes of the contract, including arbitration thereunder, the address of the supplier mentioned in the tender shall be
the address to which all communications addressed to the supplier shall be sent, unless the supplier has notified a change by a
change by a separate letter containing no other communication and sent by registered post acknowledgement due to the head
of the office placing the supply order. The supplier shall be solely responsible for the consequence of an omission to notify a
change of address in the manner aforesaid.
Any communication or notice on behalf of the purchaser in relation to the contract may be issued to the supplier by Purchase
Executive and all such communications and notices may be served on the supplier either by registered post or under certificate
of posting or by ordinary post or by hand delivery at the option of such executive.
7. i. The price quoted shall be either FOR place or Railway station of dispatch, FOR destination. Delivery free to the consignee,
FOB or CIF as specified in the invitation to the tender. All offers from countries other than Purchasers country shall quote
on FOB and CIF basis.
ii.
In all cases the prices quoted must be net per unit shown in the enquiry and must include all packing and delivery where
applicable. Refunds on account of returnable packages (if any) are to be separately specified. The price should show
separately the Foreign Exchange element and the Rupee element for stores to be imported. Sales Tax shall be shown
separately and whether it is State Sales Tax or Central Sales Tax. If no mention is made about Sales Tax, it will be
assumed to be included in the price quoted.
The prices should be included of Excise, or excise duty should be separately mentioned. In case where price is quoted
inclusive of excise duty, the rate of quantum of the same should be separately indicated. In case of contracts providing
for free delivery to the consignee, octroi charges shall be included where leviable.
iii. The price must be stated separately for each item on unit basis.
iv.
When quotations are made for units other than those specified in the enquiry, the relationships should be stated.
v.
The prices quoted must be firm and the offers made must remain open for at least four months from the date of
submitting quotations unless otherwise specified.
vi.
Tender must invariably be submitted alongwith illustrated literature giving complete and detailed specifications,
particulars etc. of the main unit and of the standard accessories to be supplied with the stores.
vii. Tender must clearly specify their recommended spare parts that will be supplied along with the main unit and item wise
prices of the spares parts, also what are fast moving, medium moving, slow moving and insurance spares and the period
upto which they are likely to last.
viii. Printed terms and conditions of the tendering firms shall not be considered as forming part of their tender. In case the
terms and conditions of contract applicable to this invitation to tender are not acceptable to the tendering firms, they
should clearly specify deviations there from in their tender.
ix.
Typed quotations should be submitted. Those containing erasures and over-writings are liable to be rejected. Any
corrections made in the tenders must be initialed by the tenderers, failing which their tenders will not be considered.
x.
Insurance arrangement will be made as per instructions being issued from time to time by the Materials Management
Division of Coal India Limited and / or its subsidiary companies.
8. (i)

Samples of each item, if considered necessary, should be submitted simultaneously by the contractor for inspection by
Inspector / Inspectors unless the articles under tender are of considerable bulk in which case separate arrangement will
be made for inspection of the articles offered while considering the quotation.
ii).
All samples required for inspection or test shall be supplied by the successful tenderer free of cost.
iii). All samples must be clearly labeled with the tenderers name, this offer enquiry number and the last date of opening of
tender.
9. a) Subletting and Assignment
The supplier shall not save with the previous consent in writing of the purchaser, sublet, transfer, assign the contract or
any part thereof or interest therein or benefit or advantage thereof in a manner whatsoever. Provided nevertheless that
any such consent shall not relieve the supplier from any obligation, duty or responsibility under the contract.
b)

Change in a Firm

Where the supplier is a partnership firm, a new partner shall not be introduced in the firm except with the previous consent
in writing of the purchaser (which may be granted only as an exception) of a written undertaking by the new partner to
perform the contract and accept as liabilities incurred by the firm under the contract prior to the date of such
undertaking.
On the death or retirement of any partner of the supplier firm before complete performance of the contract the purchaser
may at his option cancel the contract in such case the supplier shall have no claim whatsoever for compensation
against the purchase.
If the contract is not determined as provided in the sub-clause 1.ii above notwithstanding the retirement of a partner from
the firm, he shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by
him under Section 32 of the Partnership Act has been sent by him to the purchaser by registered post
acknowledgement due.

10.(a)

Consequence of Breach
Should the supplier or a partner in the supplier firm commit breach of either of the conditions (a) or (b) of this subclause, it shall be lawful of the purchaser to cancel the contract and purchase or authorise the purchaser of the stores
at the risk and cost of the supplier and in that event the provisions of clause 20 shall as far as applicable shall apply.
(b)
The decision of Coal India Ltd. and/or its subsidiary companies as to any matter or thing concerning or arising
out of this sub-clause or any question whether the supplier or any partner of the supplier firm has committed a breach
of any of the conditions in this sub-clause contained shall be final and binding on the supplier.

11.

Use of raw materials secured with Government assistance

a. Where any raw material for the execution of the contract is procured with the assistance of CIL and or its subsidiary
companies by purchase or under arrangement made or permit, licence, quota certificate or release order issued by or
on behalf of or under authority or by any officer empowered in that behalf by law, or is issued from government stock
and where advance payments are made to the supplier to enable him to purchase such raw materials for the execution
of the contract, the supplier.
I.

Shall hold such material as trustee of Coal India Limited and / or its subsidiary companies

II.

Shall use such material economically and solely for the purpose of the contract

III.

Shall not dispose of the same without the previous permission in writing of the purchaser; and

IV.

Shall tender due account of such material and return to the purchaser at such place as the purchaser
may direct all surplus or unserviceable material that may be left after the completion of the contract or its
termination for any reason whatsoever. On returning such material, the supplier shall be entitled to such
price thereof as the purchaser may fix having regarding the condition of such material.

b. Where the contract is terminated due to any default on the part of the supplier, the supplier shall pay all transport
charges incurred for returning any material upto such destination as may be determined by CIL and / or its subsidiary
companies whose decision shall be final.
c. If the supplier commits breach of any of the conditions in this clause specified, he shall, without prejudice to any other
liability, penal or otherwise, be liable to account to CIL and or its subsidiary companies all money, advantages of profits
accruing from or which in the usual course would have accrued to him by reasons of such breach.
d. Where the stores manufactured or fabricated by the supplier out of the materials arranged or procured by or on behalf
of Coal India Limited and / or its subsidiary companies are rejected the supplier shall, without prejudice to any other
right or remedy of the Government, pay to the Government on demand the cost price or market value of all such
materials whichever is greater.
12. The tenderers in case of imported items, shall clearly mention in the question that in the event of the supply order
being placed with them, they shall arrange for supply within a reasonable period of all necessary maintenance tools
and spares parts that may be required from time to time during the normal life of the machines, on a continuous basis
and at a price not in excess of the landed cost at their premises plus a stated percentage differential (such a differential
should be indicated) and proper servicing of the main unit supplied by them as and when required. In case there is a
Rate Contract with the DGS&D supply be made at the RC rates.
13.

The tenderers shall give a warranty of satisfactory performance of the unit offered by them for a period of 12 months from
the date of commissioning or 18 months from the date of receipt and acceptance by CIL and / or its subsidiary
companies. The supplier shall be responsible for any defects that they develop under the conditions provided for by the
contract and under proper use, arising from faulty materials, design or workmanship and shall remedy such defects at his
own cost when called upon to do so. If it becomes necessary for the supplier to replace or renew any defective portion of
the goods, such replacement or renewal should be made by the supplier without any extra cost to Coal India Limited
and / or its subsidiary company.

14. For orders placed directly on overseas suppliers, the tenderers should separately indicate whether their prices quoted
include any commission for the manfuactuers agents in India and the amount of remuneration for the agent included in
the quoted price
Price shall include:
c. The service that will be rendered by them as manufacturers agent
d. The name and address of agents, if any, in India, and
e. The agency commission or remuneration or freight in case FOR prices are accepted will be paid in Rupees in India
15.

On acceptance of the tender, a formal acceptance of tender or supply order will invariably be issued. Advance intimation
in writing of acceptance of the tender will be given whenever considered necessary by the said authority. In case an
advance intimation has been given, the formal acceptance of tender of supply order shall follow in due course, but

immediate action towards execution of supply order shall be taken on receipt of the advance intimation.
16.

Earnest Money/ Security Money:

a) The value of Earnest Money to be deposited by the tenderer should be 2% ( Two Percent ) of the value
of the estimated cost tendered for or Rs.10,00,000/- ( Rupees ten Lakhs only ) whichever is lower.
Earnest Money Deposit (EMD) should be in the form of E- Payment as per NIT . For unsuccessful tenderer,
EMD shall be refunded immediately after finalisation of the tender. EMD shall be forfeited if any tenderer
withdraw their offer before finalisation of the tender or fails to submit order acceptance within 15 days from
the date of order.
b) In case of Security Deposit , two weeks time (15 days) shall be given in the order to the successful
tenderer to furnish the security deposit. In case the firm fails to deposit the security money, the order shall be
cancelled and the case shall be processed to order elsewhere and the firms performance is to be kept
recorded for future dealings with them.
The value of Security Money to be deposited by the successful tenderer in the form of Bank Draft / Bank
Guarantee of any scheduled bank shall be 10% ( Ten Percent ) of the value of the awarded contract (
LANDED VALUE ) without having any ceiling.
For successful tenderer, Security Money will be refunded to the firm within 30 days of satisfactory execution
of the contract. For unsatisfactory performance and / or contractual failure, the security money shall be
forfeited.
Security Money may be converted into Performance Bank Guarantee ( PBG ) wherever PBG required.
However, in such case the amount of PBG should not be less than 10% ( Ten percent ) of landed value of
order.
c)
Valid DGS&D / NSIC registered (for the tendered items) firms on producing documentary
evidence i.e. NOTARISED complete photocopy of valid DGS&D / NSIC registration certificate are
exempted from submission of EMD / security Deposit. However, NSIC registered firms shall be exempted
from Security Deposit only upto their monetary limit, if any, indicated in the registration certificate. In
case value of order placed is above such monetary limit indicated in the registration certificate, the
successful tenderer have to furnish the security deposit in the form of Bank Draft / Bank Guarantee of
any schedule bank for 10% of the order value over such monetary limit. DGS&D registered firm shall be
exempted from submission of EMD / Security deposit on the basis of guidelines of DGS&D provided in
DGS&D website in this respect.
d)
State / Central Govt. organization / PSUs are exempted from submission of EMD /
Security deposit.
e)
WCL Ancillaries (for the tendered items) are exempted from payment of Earnest
Money / Security Deposit.
f)
required.

For procurement value less than Rs. 1,00,000/- no earnest money / security deposit will be

17. Inspection and Rejection

Generally the stores shall be of the best quality and workmanship and comply with the contract or supply order in all
respect. The stores supplied shall be in accordance with specification unless any deviation is authorised and specified
and specified in the contract or supply order or any amendment thereof.
a) Facilities for Test and Examination
The supplier shall, at his own expenses, afford to the Inspector all responsible facilities and such accommodation as may
be necessary for satisfying it, that the stores are being and/or have been manufactured in accordance with particulars. The
Inspector shall have full and free access at any time during the execution of the contract to the suppliers work for the
purpose aforesaid, and he may require the supplier
b)

Cost of Test

The supplier shall provide without any extra charge, all materials, tools, labour and assistance of every kind which the
inspector may demand from him for any test, and examination, other than special or independent test, which he shall
require to be made on the suppliers premises and the supplier shall bear and pay all costs attendant thereon. If the
supplier fails to comply with the conditions aforesaid, the Inspector shall in consultation with the purchaser, be entitled to

remove for test and examination all or any of the stores manufactured by the supplier to any premises other than his
(suppliers) and in all such cases the supplier bear the cost of transport and/or carrying out such tests elsewhere. A
certificate in writing of the Inspector that the supplier has failed to provide the facilities and the means, for test and
examination shall be final.
c) Delivery of Stores for Test
The supplier shall also provide and deliver the test free of charge, at such place other than his premises as the Inspector
may specify, such materials or stores as he may require.
d) Liability for Costs of Laboratory Test
In the event of rejection of stores or any part thereof by the Inspector in consequence of the sample thereof, which
removed to the laboratory or other place of test, being found on test to be not in conformity with the contract or in the event
of the failure of the supplier for any reason to delivery the stores passed on test within the stipulated period, the supplier
shall, on demand pay to the purchaser all costs incurred in the Inspection and/or test cost of the test shall be assessed at
the rate charged by the laboratory to provide persons for similar work.
e)

Method of Testing

The Inspector shall have the right to put all the stores or materials forming part of the same or any part thereof to such tests
as he may think fit and proper. The supplier shall not be entitled to object on any ground whatsoever to the method of
testing adopted by the Inspector.
f)

Stores Expended in Test

Unless otherwise provided for in the contract, all stores/materials expended in test will be to suppliers account.
g)
(i)

Inspector Final Authority and to Certify Performance

The Inspector shall have the power

Before any stores or part thereof are submitted for inspection to certify that they can not be in accordance with the contract
owing to the adoption of any unsatisfactory method of manufacturer.
(ii)

To reject any stores submitted as not being in accordance with the particulars.

(iii)
To reject the whole of the installment tendered for inspection, if after inspection of such portion thereof as he
may in his discretion think fit, he satisfied that the same is unsatisfactory; and
(iv)

To mark the rejected stores with a rejection mark so that they may be easily identified if re-submitted.

(h)

Consequence of Rejection

If on the stores being rejected by the Inspector or consignee at the destination, the supplier fails to make satisfactory
supplies within the stipulated period of delivery, the purchaser shall be at liberty to
(i)
Allow the supplier to resubmit the stores, in replacement of those rejected, within a specified time, the suppliers
bearing the cost of freight, if any, on such replacement without being entitled to any extra payment on the account; or
(ii)
Purchase or authorise the purchase of quantity of the stores rejected or so others of a similar description
(when stores exactly complying with particulars opinion of the purchase executive which shall be final, readily available)
without notice to the suppliers liability as regards the supply of any further installment due under the contract; or
(iii)
Cancel the contract and purchase or authorise the purchase of the stores or others of a similar description
(when stores exactly complying with particulars are not in the opinion of the purchaser, which shall be final readily
available) at the risk and cost of the supplier. In the event of action being taken under sub-clause (ii) above or this subclause in the provisions of clause 20 shall apply as far as applicable.
(I)

Inspectors Decision as to Rejection Final

The Inspectors decision as regards the rejection shall be final and binding on the supplier.
(j) Where under a contract, the price payable is fixed on FOR station of despatch basis, the supplier shall, if the stores are
rejected at destination by the consignee, be liable in addition to other liabilities to reimburse to the purchaser the freight
paid by the purchaser.
(k) Notification of Result of Inspection
Unless otherwise provided in the specification or schedule, the examination of the stores will be made as soon as
practicable after the same have been submitted for inspection and the result of the examination shall be notified to the
supplier.

(L ) Marking of Stores
The supplier shall if so required, at his own expense mark or permit the Inspector to mark all the approved stores with a
recognised Government or purchasers mark. The stores which can not be so marked shall, if so required by the Inspector,
be packed in suitable package or cases each of which shall be sealed and marked with such mark.
(m) Removal of Rejection
i.
Any stores submitted for inspection at a place other than the premises of the supplier and rejected
shall be removed by the supplier subject as hereinafter provided within 14 days of the date of receipt of intimation of
such rejection. If it is proved that letter containing such intimation is addressed and posted to him at the address
mentioned in the schedule, it will be deemed to have been served on the supplier at the time when such letter would in
the course of ordinary post reach the supplier. It shall be competent for the Inspector to call upon the supplier to
remove what he considers to be dangerous, infected or perishable stores within 48 hours of the receipt of such
intimation.
ii.
Such rejected stores shall under all circumstances lie at the risk of the supplier for the moment such
rejection and if such stores are not removed by the supplier within the period aforementioned, the Inspector/Purchaser
may either return the same to the supplier at his risk and cost a public tariff rate by such mode of transport as the
purchaser or Inspector may select, or dispose of such stores at the suppliers risk on his account and retain in such
portion of the proceeds as may be necessary to cover any expense incurred in connection with such disposal. The
purchaser shall also be entitled to recover handling and storage charges for the period during which the rejected stores
are not removed.
( n) Inspection Notes
On the stores being found acceptable by the Inspector, he shall furnish the supplier with necessary copies of
inspection note duly completed, for being attached to the suppliers bill thereof.
18.

Packing and Transport

(a)

It shall be the responsibility of the successful tenderers to arrange for the stores being sufficiently and
properly packed for transport by Rail, Road or Sea as the case may be so as to their being free from loss or
injury on arrival at destination. The packing of the stores shall be done at the expense of the successful
tenderer.

(b)

The successful tenderer is responsible for obtaining a clear receipt from the transport authorities specifying
the goods despatched. He will not book any consignment on a said to contain basis. If he does so, he does
it on his own responsibility. Western Coalfields Limited shall pay for only such stores as are actually received
by them in accordance with the contract.

(c)

All packing cases, containers, packing and other similar materials shall be supplied free by the successful
tenderer and shall not be returned unless otherwise specified in the contract/supply order.

(d)

Packages must be so marked that identification is made easy. Packages will be stamped with identification
marks both outside the packages as well as on the contents inside. Packages containing articles liable to be
broken by rough handling like glass or machinery made of cast iron will be marked with cautionary works like
Fragile , Handle with care. Weight of each packages will be marked on the package.

(e)

A complete list of contents in each package called the packing list will be prepared and one copy will be
packed in the package itself and another copy will be forwarded to the consignee in advance.

19. Delivery: The time for and the date of delivery of the stores stipulated in the Purchase Order shall be deemed to be the
essence of the contract and delivery of the stores must be completed by the date specified.
20. Liquidated Damages :
In the event of failure to deliver the stores within the stipulated date / period in accordance with the samples and / or
specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned
in the supply order, Coal India Limited and / or its subsidiary Companies should have the right :a.

To recover from successful tenderer, as agreed liquidated damages, a sum not less than 0.5% of the price of the store
which successful tenderer has not been able to supply (for this purpose part of a unit supplied will not be considered)
as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to 10
%. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the Materials
Management Division

b.

To purchase from elsewhere, after due notice to the successful tenderer, on the account and at the risk of the
defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in
respect of consignment not yet due for supply or

c.

To cancel the supply order or a portion thereof, and if so desired, to purchase the store at the risk and cost of the
defaulting supplier and also

d.

To extend the delivery period with or without imposition of Liquidated Damages as may be considered fit and proper.
The penalty if imposed shall not be more than the agreed liquidated damages referred to clause (a) above.

e.

To forfeit security deposit in full or part.

f.

Whenever under the contract a sum of money is recoverable from and payable by the supplier, Western Coalfields
Limited, shall be entitled to recover such sum by appropriating, in part or in whole by deducting any sum or which at
any time thereafter, may become due to the successful tenderer in this or any other contract, with Western Coalfields
Limited. Should this sum be not sufficient to cover the full amount recoverable, the successful tenderer shall pay to
Western Coalfields Limited, on demand the remaining balance. The supplier shall not be entitled to any gain on any
such purchase.

21. Force Majeure Condition : If the execution of the contract / supply order is delayed beyond the period stipulated in the
contract / supply order as a result of outbreak of hostilities, declaration of any embargo or blockage, or fire, flood, acts
of nature or any other contingency beyond the suppliers control due to act of God then CIL or its subsidiary
Companies may allow such additional time by extending the delivery period, as it considers to be justified by the
circumstances of the case and its decision shall be final. If and when additional time is granted by the CIL and its
subsidiary companies, the contract / supply order shall be read and understood as if it had contained from its inception
the delivery date as extended.

22.

Inspection :The supplier shall allow reasonable facilities and free access to his works and records to the Inspector,
Progress Officer or such other Officer nominated for the purpose. Inspector of stores, i.e supplies made by the
successful tenderer against the supply order mentioned at (15) above, shall be carried out by the Inspector /
Consignee at the Colliery site/ stores or by the Inspecting Wing (inclusive of all its branch officer) of the DGS&D, New
Delhi or any other agency as may be specified in the supply order. Where necessary, inspection may be carried out at
the suppliers premises.

23. Coal India Ltd and / or its subsidiary companies do not bind itself to accept the lowest or any tender and reserves to
itself the right of accepting the whole or any part of the tender or portion of the quantity offered and the tenderer shall supply
the same at the rate quoted.
24. The supplier shall at all times indemnify CIL and its subsidiary companies against all claims which may be made
in respect of the supplies for infringement of any right protected by patent, Registration of Design, or Trade Mark,
provided that in the event of any claim in respect of alleged breach of Letter Patent, Registered Design, or Trade Mark
being made against CIL and / or its subsidiary companies, the said authority shall notify the supplier of the same and
the supplier shall be at liberty at his own expense to settle any dispute or to conduct any litigation that may rise there
from
25.

Carrying vessels for Imported Items

In case of machinery imported from abroad, it is preferable that shipment should be affected in Indian Vessels,
wherever possible. Supplies will however not be delayed on this account.

26. Freight :
The stores shall be dispatched at Public tariff rates in the case of FOR station of dispatch contract and the stores shall
be booked at full wagon rates whenever abvaiable and by the most economical route or by the most economical tariff
available at the time of dispatch as the case may be. Failure to do so will render the supplier liable for any avoidable
expenditure causes to the purchaser.
Where alternative routes exist, CIL and or its subsidiary companies shall, if called upon also to do indicate the most
economical route available or name the authority whose advice in the matter should be taken and acted upon. If any
advice of any such authority is sought his decision or advice in the matter shall be final and binding on the supplier
27.

Passing of Property. :

Property in the stores shall not pass to the purchaser unless and until the stores have been delivered to the consignee
or interim consignee as the case may be in terms of the contract.
28.

Laws Governing the Contract.

(a) This contract shall be governed by the Laws of India for the time being in force
(b) Irrespective of the place of delivery, the place of performance of place of payment under the contract, the
contract shall be deemed to have been made at the place from which the acceptance of tender or supply order
has been issued.
(c) Jurisdiction of Courts
The courts of the place from the acceptance of tender has been issued shall alone have jurisdiction to decide any
dispute arising out of or in respect of the contract.
(d) Marking of Stores
The marking of the stores must comply with the requirement of the law relating to merchandise marks for the time
being in force in force in India.

29.

Corrupt Practices
(a)

The supplier shall not offer or give or agree to give to any person in the employment of the purchaser or
working under the orders of Coal India Ltd. and/or its subsidiary companies any gift or consideration of any kind as an
inducement or reward for going or forbearing to do or for having done or forborne to do any act in relating to the
obtaining or execution of the contract or any other contract with the purchaser or for showing or forbearing to show
favour or disfavour to any person in relation to the contract or any other with the Purchaser. Any breach of the
aforesaid condition by the supplier or any one employed by him or acting on his behalf (whether with or without the
knowledge of the supplier) or the Commission of any offence by the supplier or by any one employed by him or acting
on the behalf under Chapter IX of the Indian Panel Code, 1860 or the Prevention of Corruption Act, 1947 and any
amendments thereto or any other Act enacted for the prevention of corruption by Public Servants shall entitle Coal
India Limited and or its subsidiary companies to cancel the contract and all or any other contract with the supplier and
to recover from the supplier the amount of any loss arising from such cancellation in accordance with the provisions of
Clause 20.
(b)
Any dispute or difference in respect of either the interpretation effect or application of the above condition or
of the amount recoverable, the re-under by the purchaser from the supplier shall be decided by Coal India Limited and
its subsidiary companies whose decision shall be final and binding on the supplier.

30.Insolvency and Breach of Contract

a)
Coal India Limited and or its subsidiary companies may at any time by notice in writing, similarly determine
the contract without compensation to the supplier in any of the following events that is to say
If the supplier being an individual or if a firm any partner thereof shall at any time be adjudged insolvent or shall have a
receiving order or order of administration of his estate made against him or shall take any proceeding for composition
under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into
any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under the
Partnership Act.
b)
If the supplier being a company is wound up voluntarily by the order of a court or a receiver, Liquidating
Manager on behalf of the Debenture-Holders is appointed or circumstances shall have arisen which entitles the court
or Debenture-Holders to appoint a Receiver, Liquidator or Manager.
c)
If the supplier commits any breach of the contract not herein specifically provided for Provided always that
such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter
to the purchaser and provided also the supplier shall be liable to pay to the purchaser for any extra expenditure he is
thereby put to and the supplier shall under no circumstances be entitled to any gain on repurchase.
31. Terms of Payment:
a.

b.

For all stores, 100% payment should be made on receipt of the consignment at site and acceptance by the
consignee as per actual payment term stipulated in the contract. The number and date of Railway receipt, Bill of
Lading, Air Way Bill or Consignment Note under which the goods charged for in the bill are dispatched by Railway,
ship, Air or Road respectively, and the number and date of the letter with which such Railway Receipt, Bill Lading, Air
Way Bill or Consignment Note is forwarded to the consignee should on bill. In the case of stores dispatched by post,
the postal receipt should be attached in original to the bill and its number and date quoted therein.
Payment against the supply orders placed either by the Subsidiary Company of by CIL shall be arranged by

the Subsidiary companies, if not specified otherwise. Wherever order is placed by CIL on any foreign supplier
involving requirement of more than on subsidiary co., payment shall be arranged by CIL normally through Letter of
Credit.
c.

Payment for Agency Commission, if any, involved, may be considered in case of necessity, subject to
compliance of the Government of India Guidelines issued from time to time. The name of the Indian Agent with their
full address and the quantum of Agency Commission, if any, payable, shall have to be mentioned in the supply order
itself.

d.

Payment from CIL may also be considered, if felt necessary, by the CIL management, even though order is
placed against the requirement of one subsidiary company by CIL

e.

Specific payment term may be formulated in accordance with the provision laid down (as applicable) at
Chapter IX of the Purchase Manual.

32. Progress Report

a)

The supplier shall from time to time render such reports concerning the progress of the contract and or supply
of the stores in such form as may be required.

b)

The submission, receipt and acceptance of such reports shall not prejudice the right of the purchaser under
the contract, nor shall operate an estoppel against the purchaser merely by reason of the fact that he has not
taken notice of or objected to any information contained in such report.

33. All disputes arising out of this contract shall be under the jurisdiction of Nagpur court only and as per the law of the
land.