Air Sampling Bag

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Bidders are advised to check applicable GST on their own before quoting. Buyer will not take any responsibility in this regards. GST reimbursement will be as per actuals or as per applicable rates (whichever is lower), subject to the maximum of quoted GST %.

Bidder shall submit the following documents along with their bid for Vendor Code Creation:

• a.Copy of PAN Card.
• b.Copy of GSTIN.
• c.Copy of Cancelled Cheque.
• d.Copy of EFT Mandate duly certified by Bank.

Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, if:

• i)The Seller fails to comply with any material term of the Contract. ii) The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the stipulated Delivery Period or such inability otherwise becomes apparent. iii) The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) promptly. iv) The Seller becomes bankrupt or goes into liquidation.
• v)The Seller makes a general assignment for the benefit of creditors. vi) A receiver is appointed for any substantial property owned by the Seller. vii) The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed the Purchase Order on the Seller.

• 1.The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
• 2.The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
• 3.The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.

Scope of supply (Bid price to include all cost components) : Only supply of Goods

Manufacturer Authorization:Wherever Authorised Distributors/service providers are submitting the bid, Authorisation Form /Certificate with OEM/Original Service Provider details such as name, designation, address, e-mail Id and Phone No. required to be furnished along with the bid

Buyer Added text based ATC clauses ADDITIONAL TERMS & CONDITIONS: As per GeM GTC guidelines the participation by the Seller in e-bidding shall be construed as his/he r accep tance for all the Terms and Conditions as outlined in the e-bidding including GTC, STC and Commercial ter ms of ATC. Any other terms & conditions / deviations from the current bid document offered by the seller i n any form will be considered void and submission of offer participation by the seller will be treated as thei r unconditional acceptance to all terms & conditions outlined in the e-bidding including GTC/STC and com mercial terms of ATC.

• A)Specific terms and condition (TECHNICAL)- General Eligibility/Provenness Criteria Sr. N o Status of Bidder Documents 1 Proven Manufac turer
• (a)Manufacturing Proof :- Submit a copy of valid registration certificate showing their manufacturing activity (with the list of items covered therein ) such as SSI/ NSIC/ DGS&D/ DIC/ Registrar of Companies/ISO Certificate/ B IS license Certificate/ DGMS approval/ Micro Small Enterprises (MSE) Regis tration certificate issued by District Industries Centres or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medi um Enterprises/or any document issued by Govt Organisation establishing status as manufacturer of tendered item or tendered item of higher specifi cation.
• (b)Proven Source: - Copy of supply order/ contract covering the Tender ed/ similar item of same/ higher specification/ rating/ version of offered ma ke(for consumables) or tendered/ offered item(s) (for spares) supplied duri ng last five (05) years from date of tender opening against orders of CIL an d its subsidiaries, other PSUs, Government Departments, and private orga nization, issued in favor of manufacturer or their authorized dealer along with corresponding proof of supply like receipt challan/tax invoice etc. to s atisfy prior experience criteria. (c)Performance Certificate from end u ser: - Satisfactory performance certificate issued by the end user to be submitte d along with the offer Or Self-Certificate to be submitted by the bidder- The items covered in the Purchase Order(s)/ Rate Contract(s) copies enclo sed with our offer have been fully executed and have performed satisfacto rily as per the provisions of respective Purchase Order(s)/ Rate Contract(s) and all the complaints/claim (s) lodged by the purchaser, if any, have been attended to and no complaints/ claims(s) are pending.” 2 Authorized deal er of the Manuf acturer
• (a)Bid specific Authorisation certificate of manufacturer and Manu facturing credential of Manufacturer (as in 1(a) above). (b)Proven Source: - Copy of supply order/ contract covering the Tendered/ similar it em of same/ higher specification/ rating/ version of offered make(for consu mables) or tendered/offered item(s) (for spares) supplied during last five ( 05) years from date of tender opening against orders of CIL and its subsidi aries, other PSUs, Government Departments, and private organization, iss ued in favor of manufacturer or their authorized dealer along with corresp onding proof of supply like receipt challan/tax invoice etc. to satisfy prior e xperience criteria.
• (c)Performance Certificate from end user: - Satisfactory performance certificate issued by the end user to be submitte d along with the offer. Or Self-Certificate to be submitted by the bidder- The items covered in the Purchase Order(s)/ Rate Contract(s) copies enclo sed with our offer have been fully executed and have performed satisfacto rily as per the provisions of respective Purchase Order(s)/ Rate Contract(s) and all the complaints/claim (s) lodged by the purchaser, if any, have bee n attended to and no complaints/ claims(s) are pending.” 3 If the bidder is c laiming exempti on from Experience crite ria / Proven Sou rce criteria Relaxation in experience criteria shall be applicable to Start up / MSE bidd ers subject to meeting quality and technical specification, offering their ow n make items, and necessary valid documents issued by Govt. agency, showing their status as Start-up/MSE manufacturer covering the o ffered item, to be submitted with offer for claiming relaxation as per O/O No.F.20/2/2014-PPD(Pt.) dt 25.07.16 of Ministry of Finance. Traders are ex cluded from the purview of Public Procurement Policy for Micro and Small Enterprises. MSE of Tendered product: - UDYAM certificate issued by MOMSE for t endered/offered product. The bidder (eligible for claiming experience e xemption) is advised to submit document (document to be submitted with bid) to establish their technical capacity to manufacture the offered produ ct (such as purchase order/ supply order/ contracts/ commissioning report/ technical capability report (technical capability report not prior to one year from date of bid opening) issued from government organisation / performa nce report/document issued by BIS/NSIC/ISO/DGMS etc. covering the quot ed item). Buyers has right to inspect the manufacturing facility/factory for assessing technical capability. Or Start Up- Certificate of recognition as start Up as per extant guide lines for tendered item. The bidder (eligible for claiming experience exemption) is advised to submit document (document to be submitted wit h bid) to establish their technical capacity to manufacture the offered prod uct (such as purchase order/supply order/contracts/commissioning report/t echnical capability report (technical capability report not prior to one year from date of bid opening) issued from government organisation / performa nce report/ document issued by BIS/ NSIC/ ISO/ DGMS, etc. Buyers has right to inspect the manufacturing f acility/ factory for assessing technical capability. 2) Startups and MSEs Bidder claiming exemption of prior experience criteria has to submit An nexure - I failed to submit may subject for rejection of bid ANNEXURE-I PROFORMA FOR EQUIPMENT AND QUALITY CONTROL (To be submitted by the Startups / MSE firms who claim the relax ation of the prior turnover and prior experience criteria,) Reference : CIL/Subsidiary Co.______________________ Tender No.__________________ Date_________________________for supply of__________________________________ 1.Name and Address of the Firm
• 2.a) Telephone No. office/factory/works
• b)Fax No. / E-mail ID
• 3.Location of manufacturing works/factories owned by the firm (documentary evidence of ownership must be produced).
• 4.Brief description of the factory (i.e. area covered accommodation, Department into which it is divided, la boratory etc.) 5.Details of plant and machinery erected and functioning in each department (monographs and description pamphlets) be supplied if available.
• 6.Whether the process of manufacture in the factory is carried out with the aid of power or without it.
• 7.Details and stocks of raw materials held.
• 8.Capacity of items quoted for with the existing plants and machinery
• (a)Normal
• (b)Maximum
• 9.Details of arrangements for quality control products such as laboratories etc. 10. (a) Details of technical supervisory staff in-charge of production and quality control.
• (b)Skilled labour employed.
• (c)Unskilled labour employed
• (d)Maximum number of workers (skilled and unskilled) employed on any day for 18 months preceding the date of application. 11.Whether stores were tested to any standard specification, if so, copies of original test certificate should be submitted in duplicate. (Signature of Tenderer) NOTE: Details against sl nos. 5 to 11 inclusive need be restricted to the extent they pertain to the items un der reference. 3) Make is mandatorily required to be submitted in Bid itself. The bid without make will not be considere d technically acceptable. The bidder must refrain from providing Make as NA, Unbranded, Multiple makes, Blank, etc., Bids with such details will not be technically acceptable. 4) Warranty period- Warranty period of the supplied products shall be 1 years from the date of final acc eptance of goods. 5) Delivery period- 60 days. 6) INSTRUCTION TO BIDDERS: Scanned copies of following documents as per requirements of the bid may be submitted while submitting the offer online.
• i.Declarations, certificates (wherever applicable) etc. required as per bid document. ii. EMD: Offers of the firms submitted without EMD (for non-exempted bidders) as demanded shall be sum marily rejected.
• a.The bidder seeking EMD exemption, must submit the valid supporting document as per GeM GTC with t he bid. Under MSE category, only manufacturers for goods and Service Providers for Services are eligible fo r exemption from EMD. Traders are excluded from the purview of this Policy.
• b.For purpose of EMD exemption, by submission of valid Startup certificate, bidder undertakes that their turnover has not exceeded financial limit prescribed in the startup certificate in any of the previous financi al years since inception. The bidder shall specifically inform if the turnover has exceeded financial limit pre scribed in the startup certificate in the any of the previous financial years since inception.
• c.For purpose of EMD exemption in case of BIS registered bidders(OEM’s), in case of item wise evaluation the EMD is item wise and bidder shall submit the BIS addendum/correspondence documents showing vali dity and coverage of offered item in BIS, as it is essential information the same shall be required for decisi on for acceptance/rejection of EMD. Traders/Resellers are excluded from the purview of this benefit. It is noted that above clauses of EMD exemption are in line with GeM GTC giving the detailed methodology of evaluation and shall remain final along with any updates in GeM GTC. EMD shall be accepted in the form of Bank Guarantee (including e-bank guarantee) from any of the RBI Sc heduled Commercial banks or payment online (RTGS / NEFT / IMPS / other digital modes) in an acceptable form. Submission of any other form of EMD shall not be acceptable. Bank details for EMD submission: NAME OF BENEFICIARY- South Eastern Coalfields Limited, Hasdeo Area ACCOUNT NO. 914020051443481 IFSC CODE - UTIB0001074 BANK NAME : Axis Bank Limited AXIS BANK MANENDRAGARH, UTIB0001074 Branch address- M.C.B. DISTRICT, CHATTISGARH –497442 iii. Any Central/State Government Organization/PSU shall be exempted towards submission of EMD, irresp ective of stores. OEMs/OES or their authorized agents participating in Open/Limited tenders for procureme nt of spare parts of their equipment are exempted from submission of EMD in case of tenders for supply of spares only. iv. Scanned copy of EMD required to be submitted by bidders in the form of Bank Guarantee on GeM porta l in the prescribed format shall be uploaded by seller in the online bid and hard copy of the same will have to be submitted directly to the Buyer within 5 days from bid opening date. (Copy of SFMS by issuing bank s hould also be submitted along with hard copy of the Bank Guarantee).
• v.MSE PREFERENCE: The bidder seeking MSE preference, must submit valid UDYAM certificate which sh all remain valid for the entire period of finalization of tender. As per the latest directives of Govt. of India E M-Part II/ UAM/NSIC/DIC etc. registered bidders must mandatorily register on UDYAM portal and in line with the same, only UDYAM registration certificate valid on bid opening date is to be submitted for claiming MS E preference. vi. Copy of GST Registration certificate issued by appropriate authority of India, if applicable vii. Copy of exemption certificate towards GST (if claiming exemption) from practicing Chartered Accounta nt (CA) to the effect that bidder is fulfilling all conditions prescribed in notification to make him exempted f rom registration. If applicable. viii. In case Banned/Delisted/Debarred/Put on Holiday by any organization, necessary details/documents t o be submitted, if applicable. ix. Other documents required as per bid/to be submitted by the bidder, if any. 7) EVALUATION OF BID/ SHORT FALL DOCUMENTS:
• i.All the offers will first be scrutinized to see whether they meet the basic requirements as incorporated in the bid document. ii. Purchaser will determine the Techno-commercial acceptability of the bidders on the basis of the original offer and subsequent clarifications/ confirmation, if any. iii. After evaluation of the uploaded documents, shortfall/clarification documents, if required, shall be soug ht from all the bidders. For shortfall/ clarification only 01 (ONE) chance will be given. The time period for re ply to the clarification will be for 7(SEVEN) days only. Non receipt of communication from GeM will not be accepted as a reason of non-submission of documents within prescribed time. The bidders will upload and submit the requested documents, if any, within the specified period. iv. Bidders are hereby informed that all correspondence with them during the pre-contract stage shall be without any commitment whatsoever. SECL reserves the right to verify any of the documents uploaded by the bidder at any stage. NOTE: The submission of forged document, if any, by the bidder(s), shall be dealt as per extant guideline of GeM GTC and ATC or Clause - 6.13 of CIL Purchase manual-2nd Edition 2025. 8) VALIDITY OF OFFER: The offer should be valid as per provision of GeM, from the date of opening of te nder as specified in the bid document. During the Tender evaluation process if the extension of the bid vali dity is required, the same can be obtained with the mutual consent of buyer and seller. 9) SUBMISSION OF BILLS: Upon dispatch of the Goods to the consignee, the supplier shall notify the Ulti mate Consignee and deliver the following documents at the time of arrival of goods at consignee end:
• a.GeM invoice for each line item of the contract and corresponding Supplier's Tax invoice for the same sh owing Contract Number, Goods description, quantity, unit price, total amount.
• b.Manufacturer's/Supplier's warranty/guarantee certificate.
• c.Manufacturer’s Test & Inspection certificate if applicable.
• d.Lowest Price Certificate.
• e.Any other certificate/document as mentioned in the contract. In case of delay, the Supplier will be responsible for any consequent expenses. Each GeM invoice should h ave corresponding Tax Invoice. If GeM invoice is generated but not submitted in hard copy, same may be t aken from the consignee login by the consignee. 10) PRICE:
• a.Prices quoted must be FIRM till delivery, otherwise, the offer will be rejected The prices should be arrive d at independently, without restricting competition, any consultation, communication, or agreement with a ny other bidder or competitor.
• b.Prices quoted must be Without Undue profiteering
• i.The price quoted by Bidder shall not be higher than the controlled price fixed by law for the Goods, if an y, or where there is no controlled price, it shall not exceed the prices or contravene the norms for fixation of prices if any, laid down by Government or where the Government has fixed no such prices or norms, it s hall not exceed the price appearing in any agreement, if any, relating to price regulation by any industry. I n any case, save for special reasons stated in the bid, if any, the price charged shall not be higher than the Maximum Retail Price (MRP). ii. If the price quoted is higher than the controlled price in the subclause above, the Bidder shall specificall y mention this fact in his bid, giving reasons for quoting a higher price(s). If he fails to do so or makes any misstatement, it shall be lawful for the Procuring Entity either to revise the price at any stage to bring it in conformity with the sub-clause above or to terminate the contract for default as per the contract and avail all the remedies available therein in addition to other punitive actions for violation of Code of Integrity. Normally, no Additional Bank Guarantee (ABG) shall be sought in case of Abnormally Low Bids, however, in compelling circumstances, the procuring entity may ask for an Additional Bank Guarantee (ABG) in the cas e of ALBs. NOTE: The L-1 bidder shall submit item wise price break-up of their offered prices after reverse auction fo r supply of equipment, installation and commissioning other charges and applicable GST, at the request of buyer only after opening of price bid through their registered email id on GeM portal which shall be co nsidered part of contract and communicated through Addendum. Offered Price against this bid should not be disclosed in any manner in submission of techno-commercial d ocuments. Disclosure of price before price bid opening may render the bid as non-responsive and shall be eligible for rejection of bid. 11) PAYMENT TERMS: REVENUE ITEMS: For supply of spare parts and all other consumable items etc. (other than capital equip ment), 100% payment shall be released within 21 days after receipt and acceptance of the goods at the co nsignee’s end or submission of bills by the supplier along with all requisite documents as per provisions of Purchase order/ contract, whichever is later. NOTE FOR PAYING AUTHORITY: Further as per MII policy, in case the contractor/ supplier does not meet the stipulated local content requir ement and the category of the supplier changes from Class-I to Class-II/ Non-local or from Class-II to Non- local, a penalty up to of 10% of the contract value shall be imposed. For this purpose, the Class of Local s upplier in Order shall be checked with the Class of Local supplier in Local content certificate submitted alo ng with bill. 12) LIQUIDATED DAMAGES CLAUSE: The bidders will confirm their acceptance of the following: In the event of failure to deliver/dispatch the equipment/stores within the stipulated date/period in accorda nce with the terms and conditions and the specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, South Eastern Coalfields Ltd., sha ll have the right:
• a)To recover from the successful bidder as agreed liquidated damages, a sum not less than 0.5% (Half Per cent) for the price (including taxes and duties) of any store which the successful tenderer has not been abl e to supply , as aforesaid , for each week or part of a week during which the delivery of such stores may be in arrears limited to 10% (TEN Percent) of the total contract value.
• b)To purchase elsewhere after due notice to the successful tenderer on the account and at the risk of the defaulting supplier, the equipment/stores not supplied or others of similar description without cancelling th e supply order in respect of the consignment not yet due for supply, or--
• c)To cancel the supply order or a portion thereof, and if so desired to purchase the stores at the risk and e xpenses of the defaulting supplier and also,
• d)To extend the period of delivery with or without penalty as may be considered fit and proper. The penal ty if imposed, shall not be more than the agreed liquidated damages referred to in CLAUSE (a) above
• e)To forfeit the security deposit fully or in part.
• f)Whenever under this contract any sum of money is recoverable from and payable by the supplier/ contr act holder, South Eastern Coalfields Ltd., shall be entitled to recover such sum by appropriating in part or i n whole by deducting any sum or which at any time thereafter may become due to the successful tendere r in this or any other contract. Should this sum be not sufficient to recover the full amount recoverable, the successful tenderer shall pay. South Eastern Coalfields Ltd, on demand the remaining balance. The suppli er shall not be entitled to any gain on any such purchase.
• g)For the purpose of the calculation of the liquidated damages amount, the basic FREE DELIVERY AT SITE price shall be considered.
• h)DENIAL CLAUSE (over and above levy of LD): In case of extension of delivery period, any increase in st atutory duties and/or upward rise in prices due to price variation clause and/or exchange rate variation cla use, is to be borne by the seller during the extended delivery period, while purchaser reserves its right to g et any benefit of downward revisions in statutory duties, PVC and exchange rate variation. Regarding incre ase in statutory taxes and duties during the extended period, the same may be admissible provided the bu yer gets 100% input tax credit for those taxes and duties; otherwise increase in taxes and duties are not t o be paid to the seller. However, decrease in statutory taxes and duties is to be availed by the buyer. 13) PAYING AUTHORITY: Area Finance Manager, South Eastern Coalfields Limited, hasdeo Area. (Regula rization of payment on GeM portal shall be done as per provision of GeM by Paying authority). 14) BANNED OR DELISTED OR DEBARRED OR ‘PUT ON HOLIDAY SUPPLIERS: Submission of offer shall be considered as acceptance by the bidder that they as well as their manufacture r (if bidder is not the manufacturer) has not been BANNED OR DELISTED OR DEBARRED OR ‘PUT ON HOLIDAY’ by any government or quasi-government or PSU’s. Further the bidder also undertakes by submi ssion of their offer that they have not being debarred/settled all dues/claims on account of being defaulter L1 bidder for the tendered item. If the bidder and/or manufacturer has been BANNED OR DELISTED OR DEBARRED OR ‘PUT ON HOLID AY’ by any government or quasi-government or PSU’s., this fact must be clearly stated, and it may not ne cessarily be cause of disqualification. In this respect, the bidder/manufacturer shall upload the same as ad ditional document. The declaration in case of been BANNED OR DELISTED OR DEBARRED OR ‘PUT ON HOLIDAY’ shall be submitted in following format: Format for Banning /Delisting/Debarred/Put on Holiday Declaration Bid Reference No………………………………………… Dt.……………. for supply of ……………………… This is to certify that we have been banned or de-listed or debarred or ‘Put on Holiday’ by following government/quasi-Government agencies/PSUs: Name of the Organization Period of banning (Start date and end date) We further undertake that if at a later stage it is found that the above provided information is found to be false/misleading/incomplete our offer may be treated as unresponsive and suitable penal acti on as per bid provisions Date Signature of Bidder Seal of the Firm 15) In compliance to Restriction under rule 144(xi) of the General Financial Rules (GFRs),2017 and Order N
• o.F/.7/10/2021-PPD(1) Dt 23.02.2023, Ministry of Finance, regarding restriction of Public Procurement from certain countries, Submission of offer shall be considered as acceptance by the bidder that:
• a.Model Certificate for Tenders for country sharing land boundary with India: The bidder (as defined in the above order) upon submission of their offer undertakes that they have read t he clause regarding restrictions on procurement from a bidder of a country which shares a land border wit h India and that they are not from such a country. The bidder further undertakes that they fulfil all require ments in this regard and are eligible to be considered. If the bidder (as defined in the above order) is from such a country which shares a land border with India a s per above order, the bidder shall submit the following certificate along with the bid: Certificate-1: Model Certificate for Tenders in case form a country sharing lan d boundary with India: "We……………………(name of the Firm) have read the clause regarding restrictions on pr ocurement from a bidder of a country which shares a land border with India; We…………….(name of the Firm) certify that …………….(name of the Firm) is from suc h a country and has been registered with the competent Authority. We …………….(nam e of the Firm) hereby certify that we fulfil all requirements in this regard and are eligible to be considered”. [where applicable, evidence of valid registration by the competent Authority shall be att ached].
• b.Certificate-2 Model additional certificate by Bidders in the cases of specified ToT: The bidder (as defined in the above order) upon submission of their offer undertakes that they have read t he clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrang ement and upon submission of their offer undertakes that they do not have any ToT arrangement requirin g registration with the competent authority. If the bidder (as defined in the above order) has any Transfer of Technology (ToT) arrangement requiring r egistration with the competent authority as per above order, the bidder shall submit the following certificat e along with the bid Certificate-2 Model additional certificate by Bidders in the cases of specified ToT: "We……………………(name of the Firm) have read the clause regarding restrictions on procurem ent from a bidder having Transfer of Technology (ToT) arrangement. We……………………(name o f the Firm) certify that ……………………(name of the Firm) have Transfer of Technology (ToT) ar rangement and valid registration to participate in this procurement." [where applicable, evidence of valid registration by the competent Authority shall be attached]. 16) TERMINATION OF CONTRACT FOR DEFAULT 1) The purchaser may, without prejudice to any other remedy for breach of contract, by written notice of d efault sent to the supplier, terminate the contract in whole or in part:
• i)If the supplier fails to deliver any or all of the stores within the time period(s) specified in the contract, o r any extension thereof granted by the Purchaser; or ii) If the supplier fails to perform any other obligation under the contract within the period specified in the contract or any extension thereof granted by the purchaser.
• 2.In the event the purchaser terminates the contract in whole or in part; the purchaser may take recourse to any one or more of the following action.
• a)the Security Deposit is to be forfeited;
• b)the purchaser may procure, upon such terms and in such manner as it deems appropriate, stores simila r to those undelivered, and the supplier shall be liable to the purchaser for any excess cost for such similar goods or services and for all other available actions against it in terms of the contract.
• c)however, the supplier shall continue to perform the contract to the extent not terminated. 17) TERMINATION OF CONTRACT FOR CONVENIENCE
• a)The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, a t any time for its convenience. The notice of termination shall specify that termination is for the Purchaser' s convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.
• b)The Goods that are complete and ready for shipment within thirty (30) days of receipt of termination no tice by the supplier, shall be accepted by the Purchaser at the Contract terms and prices. For the remainin g Goods, the Purchaser may elect:
• i)to have any portion completed and delivered at the Contract terms and prices; and/or ii) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and S ervices and for materials and parts previously procured by the Supplier. 18) PENAL PROVISIONS: Under Incident management policy, GeM portal provides option for organization-specific debarments, wher ein incidents can be reported on the GeM portal under Clause 2.2(iii) of the Incident Management Policy for bids/contracts undertaken on GeM. Actions on such incidents are carried out in accordance with the debar ment order issued by the respective organization. Once the action is implemented, the seller will be suspe nded from procurement activities exclusively for the concerned organization. The Penal action against bid and subsequent contract, if any, shall be governed by the IM policy oF GeM a s well as the per provision of CIL purchase manual- second edition 2025. Both options shall be available to the buyer and peal action as per any one provision shall be taken based on the case at sole discretion of t he buyer. 19) GRIEVANCES AND ITS REDRESSAL: The mechanism of redressal of grievance of bidders shall be as under:
• 1.Any supplier, contractor, or consultant that claims to have suffered or is likely to suffer loss or injury as a result of a decision/ action/ omission of CIL or its Subsidiary, may make an application for its review withi n a period of Five (5) days from its date, to the Tender Inviting Authority (TIA) / Buyer, specifying the grou nd(s) and the relevant clauses of the tender document. Unsuccessful Bidders may seek de-briefing regardi ng the rejection of their bid, in writing or electronically, within Five (5) days of the declaration of techno co mmercial or financial evaluation results.
• 2.Only a directly affected bidder can represent in this regard:
• a.Only a bidder who has participated in the concerned procurement process, i.e., pre-qualification, bidder registration or bidding, as the case may be, can make such representation.
• b.In case the pre-qualification bid has been evaluated before the bidding of Technical/ financial bids, an a pplication for review in relation to the technical/ financial bid may be filed only by a bidder who has qualifi ed in the pre-qualification bid;
• c.In case the technical bid has been evaluated before the opening of the financial bid, an application for re view in relation to the financial bid may be filed only by a bidder whose technical bid is found to be accept able.
• d.The following decisions of CIL / Subsidiaries in accordance with the provision of internal guidelines shall not be subject to review:
• 1.Determination of the need for procurement;
• 2.Selection of the mode of procurement or tendering system.
• 3.Choice of selection procedure;
• 4.Complaints against specifications except under the premise that they are either vague or too specific to limit competition may be permissible.
• 5.Provisions limiting the participation of bidders in the procurement process in terms of government polici es.
• 6.Provisions regarding purchase preferences to specific categories of bidders in terms of policies of the Go vernment 7.The decision to enter into negotiations with the L1 bidder; 8.Cancellation of the procurement process except where it is intended to subsequently re-tender the same requirements;
• 9.Issues related to ambiguity in contract terms shall not be taken up after a contract has been signed; all such issues should be highlighted before the vendor / contractor consummates the contract. 20) SETTLEMENT OF DISPUTES THROUGH COURT OF LAW OF COMPETENT JURISDICTION
• a)When a dispute/difference arises, both the purchaser and supplier should first try to resolve it amicably by mutual discussion, Adjudication and Mediation as per provisions in Chapter 22 ‘A’ of CIL purchase manu al -2nd edition 2025 . If the parties fail to resolve the dispute by the above dispute resolution mechanisms, then, depending on the position of the case, either the purchaser or supplier should give notice to the othe r party of its intention to approach the court of law.
• b)The disputes/claims arising out the contract entered into with the suppliers will be subject to the jurisdic tion of the competent court of law as per the following provisions:
• c)Irrespective of the place of delivery, the place of performance or place of payment under the contract, t he contract shall be deemed to have been made at the place from where the tenders have been invited. A ll the dispute/claims arising out of the contract entered into with contractor will be subject to the jurisdictio n of Courts of the place from where the contract has been issued.
• d)Following shall be considered as part of contract, “The resultant contract will be interpreted under Indian Laws. The Courts in whose territorial jurisdiction th e place from where contract is being issued is located i.e. Bialspur (CHHATTISGARH) shall be competent to deal with any matter arising out of this Purchase Order/Contract.”
• a)In case of contract with a Public Sector Enterprise or Govt. Departments, the following Arbitration Claus e shall be considered part of contract “Administrative Mechanism for Resolution of CPSEs Disputes
• (AMRCD)in the Department of Public Enterprises: In the event of any dispute or difference relating to the interpretation and application of the provisions of c ommercial contract(s) between Central Public Sector Enterprises (CPSEs)/Port Trusts inter se and also betw een CPSEs and Government Departments/Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for resol ution through AMRCD as mentioned in DPE OM No. 05/0003/2019-FTS-10937 dated 14.12.2022 and the de cision of AMRCD on the said dispute will be binding on both parties.” 21) In compliance to Gazette Notification issued vide 4414 Dt. 02/11/18, South Eastern Coalfields Limited
• (SECL)have onboarded on TReDS platforms vide following details to facilitate payment to MSME Vendors t hrough TReDS platform:
• S.No. Name of Platform SECL Id Website 1 Receivables Exchange of India Ltd. (RXI
• L)SO0001771 www.rxil.in 2 Invoice Mart by M/s. A.TReDS Ltd. 1000036438 www.invoicemart.com 3 M1exchange by M/s. Mynd Solutions Pvt. Ltd. BUYER00030679 www.m1xchange.com In this regard, all MSE vendors of South Eastern Coalfields Limited (who haven’t onboarded on TReDS till d ate) are once again requested to onboard on the TReDS platform by registering themselves on above plat forms for availing the benefits of TReDS platform. 22) The EMD/SD/e-PBG/Performance Bank Guarantee’s shall be submitted in original at following address: Chamber of Staff Officer (MM), SECL Hasdeo Area, Office of Area General Manager, SECL Hasdeo Area, Nai Ledri, Manendragarh – 497442 (CG) The above terms & condition will supersede the GeM GCT/STC and other terms & condition in case of any c onflict/contradiction between two. .