Procurement of Goods for ECL Rajmahal Area

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.

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

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.

Buyer Added text based ATC clauses TECHNICAL SPECIFICATIONS AND SPECIAL TERMS & CONDITIONS “ELIGIBLE FOR PARTICIPATION ONLY BY OEM M/s KOMATSU OR THEIR AUTHORIZED INDIAN A GENT ON PROPRIETARY BASIS” Bidder, if quoting in capacity of Indian agent then must submit valid authorization letter of th e principal / manufacturer. MATERIAL SPECIFICATON: - Attached in NIT GENERAL TERMS & CONDITIONS Warranty The tenderer shall give a warranty of satisfactory performance of the unit offered for eight een (18) months from the date of receipt and acceptance of material at consignee’s end or twelve (12) months from the date of its use / fitment / commissioning, whichever is earlier. The supplier shall be responsible for any defects that they develop under the conditions pr ovided for by the contract and under proper use, arising from faulty materials, design or w orkmanship and shall remedy such defects at his own cost when called upon to do so. If it becomes necessary for the supplier to replace on renew any defective portion of the goods , such replacement or renewal should be made by the supplier without any extra cost to E CL on door delivery basis. Warranty Certificate issued by the OEM/Manufacturer is only acc eptable. Consignee Depot Officer, Rajmahal Area Store, P.O. – Bara Simra, Lalmatia, District – Godda, Jharkha nd, PIN – 814165, GSTIN – 20AAACE7590E3ZX. Delivery S chedule Delivery period shall be completed within 120 days from the date of issue of GeM contrac

• t.The delivery shall be on free delivery at site and delivery period shall be counted from t he date of issue of GeM contract. Early delivery shall be acceptable. In event of failure to d eliver the stores within stipulated dates/periods mentioned in GeM contract, the buyer shal l reserve the right to levy – liquidated damages @0.5% per week up to maximum of 10% o f contract value (including Taxes and Duties); OR to cancel the supply order or a portion th ereof; OR to extend the period of delivery with or without imposition of liquidated damage s as may be considered fit or proper. SPECIAL TERMS & CONDITIONS
• 1.Bidder has to submit a declaration in regard of the item schedules for which they have participate al ong with the Make/Model, and HSN of the said item schedule.
• 2.Price offered by the bidder should be on FOR basis and shall include all the price elements including all taxes and charges, transit insurance fee, P&F charges, and Freight charges. The price offered by th e bidder should be firm till delivery. Once the order is placed on the tenderer within the validity/exten ded validity period of the offer, the price quoted by them in their offer shall remain FIRM throughout t he entire period of the operation of the contract.
• 3.The offered specifications should match the tendered specifications failing which the offer shall be liable for rejection.
• 4.Proven-ness criteria: The offered item shall be considered proven provided it meets proven-ness c riteria noted below; otherwise the offer shall be liable for rejection. The decision of technical dept. for considering any firm as proven will be final and binding upon the tenderers. Bidders should upload sc anned copies of documents in support of proven-ness criteria. Criteria for the tendered item (consumables): “The offered/tendered items shall be considered proven provided that the tendered i tem(s) of same or similar / higher specifications/ ratings/ versions, etc. have been su pplied during the last 5 years from the date of tender opening, against orders of CIL, and its subsidiaries, other PSUs, Government Departments and Private Organization s and their performance has been found satisfactory” Criteria for the tendered item (spares): “The offered/tendered items shall be considered proven provided that the tendered i tem(s) of same part number have been supplied during the last 5 years from the dat e of tender opening, against orders of CIL, and its subsidiaries, other PSUs, Governm ent Departments and Private Organizations and their performance has been found s atisfactory”
• 5.Bidder shall submit Satisfactory Performance Certificate/Report (as per format enclosed) for a minim um period of 12 months against the submitted Purchase Order copy and the submitted Purchase Orde r Copy shall not be more than 5 years old from the date of bid opening.
• 6.Only Principal Manufacturer (OEM) or their authorized agents shall be eligible for participation in bid. In case of authorized agents are submitting the bid, tender/bid specific Manufacturer’s Authorization F orm/Certificate for Indian Agent (as per enclosed format) is required to be furnished along with the bid . In a tender, either the principal manufacturer can quote or its authorized agent can quote but both ar e not allowed to participate/quote in the same tender.
• 7.One principal manufacturer can authorize only one agent for the tender . If an agent submits bid on b ehalf of a principal manufacturer, the same agent shall not submit a bid on behalf of another manufac turer in the same tender for the same item/ product.
• 8.Bidder participating as / claiming to be a manufacturer of any item shall submit documentary eviden ce like ISO-9001 certificate and /or manufacturing license/certificate, UDYAM etc. issued by governme nt authority to establish that they are manufacturer of the tendered item with offered capacity.
• 9.Bidder shall give a declaration that there are no pending complaints regarding performance of tende red/offered items supplied by the bidder from any Government or quasi-Government agencies or PSU

s.

• 10.Lowest Price Certificate: Bidder shall submit a certificate (along with the bid) that it has not offere d to supply/supplied the ordered / similar item(s) at a lower rate to any Organization/Ministry/Department of the Government of India or State Government or Coal India Limit ed and/or its Subsidiaries or other PSUs or any other private organization – failing which their bid may be rejected.
• 11.Relaxing Prior experience and turnover criteria for start-ups and MSEs: As per Policy Circular No.1(2)(1)/2016-MA dated 10.03.2016 of MoMSME, it has been clarified that all Central Ministries/Departments/Central Public Sector Undertakings may relax the condition of prior tur nover and prior experience with respect to Micro and Small Enterprises in all public procurement subj ect to meeting of quality and technical specifications, i.e. these MSEs must have the technical capabili ty to deliver the goods and services as per prescribed technical and quality specifications. Further, as per Department of Expenditure, Ministry of Finance OM No. F.20/2/2014/PPD-(Pt) dated 25.07.2016 cir culated vide note F. No. 24/2/2013/Fin-1 dated 02.08.2016, relaxation of the condition of prior turnove r and prior experience in public procurement has been extended to all Startups (whether MSE or not) subject to meeting of quality and technical specifications in accordance with the relevant provisions [ Rule 173(i)(b) of GFR, 2017]. However, if the bidders in their offer have submitted documents to prove the Startup/MSE status for t he tendered item without certificate towards quality, assurance and capability from some authority lik e MSME, NSIC etc., the TIA, if needed, may assess the techno-commercial capability of the vendors to manufacture and deliver goods as per the prescribed quality and technical specification before awardi ng contract to them. For this purpose, a ‘Proforma for Equipment and Quality Control’ has to be enclosed in the tender documents and such MSEs/ Startups should be asked to submit the details of p lant & machinery, quality control arrangements, etc., in the above proforma along with their bids for v erification of their technical capability. After opening of bids, the verification of technical capability ma y be done by the concerned Technical Department immediately without any undue delay so that it is available for consideration at the time of evaluation/ processing of offers. It should be ensured that the designated technical authority from whom the technical capability repor t is being called, is furnished with copy of the enquiry, the details of equipment, quality control, man-p ower availability, compliance/ deviation statements and any other relevant particulars related to man ufacturing/supply of the item as furnished by the firm(s) along with their tender. If required, a techno-commercial team of the organization may visit the manufacturing unit of the ven dor without any undue delay for quick finalization of tenders. In case there is deficiency in technical capability of the firm, the same is to be communicated to them by TIA for improvement in the quality of their product for future tenders and clearly indicate that their offer cannot be considered for relaxation against the tender in question in order to avoid any future c omplications. The issues relating to Technical capability may be decided by the Head of the Technical Department. If favorable technical capability reports obtained earlier on such firms for supply of the item in questio n as per the required specification is available, these may be considered for granting relaxation to the criteria of prior experience and prior turnover provided date of such reports are not more than one ye ar from the date of opening of bids. If bidders have submitted documents to prove the Startup/MSE status for the tendered item and their products are ISI marked/DGMS approved/Proven in CIL or its Subsidiary companies/Proven product of t he ancillary unit of a Subsidiary Company of CIL, they will be required to submit the following applica ble related documents, duly notarized, for relaxation from the criteria of prior experience and prior tur nover: a valid BIS Marking License for the quoted items OR Rate Contract issued by CIL/its subsidiary companies for the quoted items OR a valid DGMS Approval certificate for the quoted items OR Proven Ancillary certificate issued by the subsidiary companies for the quoted items. The document(s)/certific ate(s) furnished by the bidders for ISI markings or DGMS approval for any relaxation should be valid o n the date of tender opening and a copy of such document(s)/certificate(s) valid on the date of supply, duly notarized, must accompany their bill(s). Note: ECL may prefer the vendors to have prior experience rather than giving orders to new entities fo r procurement of items related to public safety, health, critical security operations and equipment, etc . in line with clarification given by Department of Expenditure, MoF vide OM No. F.20/2/2014/PPD-(Pt) dated 20.09.2016.
• 12.Inspection: Inspection of the supplied materials shall be done at our site by concerned technical hea
• d.Rejected / wrongly supplied / defective spares / parts have to be replaced by the bidder at their ow n cost, within 07 days from the date of rejection/notice, when asked to do so.
• 13.Supporting documents: A copy of following documents should be scanned and uploaded with the o ffer. Invalid certificates shall not be considered for evaluation purpose.
• a.DGMS Approval Certificate, if any.
• b.BIS License, if any.
• c.ISO certification series, if any.
• d.OEM’s/Principal Manufacturer’s Manufacturing License/Certificate etc. issued by Govt. authority.
• e.Technical literature/leaflet/drawing/graphs/characteristic curves etc., if any.
• f.Complete set of Supply Order Copies of tendered item as per point 3 of Special Terms and Condi tions.
• g.Letter of Bid & Bidder Details (as per enclosed format).
• h.Manufacturer’s Authorization Form/Certificate for Indian Agent (as per enclosed format).
• i.Satisfactory Performance Certificate/Report (as per enclosed format) against the submitted Pur chase Order copy and the submitted Purchase Order Copy shall not be more than 5 years old fro m the date of bid opening however, this Satisfactory Performance Certificate/Report is not compul sory in case of Purchase Orders issued from MM Dept., Rajmahal Area, ECL.
• j.Format for Pro-forma For Equipment And Quality Control, if any (as per enclosed format)
• k.Latest GSTR3B certificate.
• 14.Marking/Identification: Apart from the product packaging, the make/symbol/description/identificati on mark of manufacturer and part number should be clearly embossed/engraved/ punched/or otherwi se legibly indicated, wherever possible, on each and every item at a visible place with is not subject to normal wear and tear. Apart from this, a tag may be attached to each part/item giving identification mark, part number, description, year and month of manufacturing etc. However, for high precision ite ms, where embossing/engraving/punching is not possible, it shall be packed separately and packing c over/box/case shall be tagged with the identification mark or identification mark be put up by metal marker.
• 15.Fitment Guarantee: The product supplied should properly fit in/on/to/with the machines without an y modification/alteration for which the same are intended. A certificate in this respect should be given along with each supply. If any of the materials supplied either do not fit properly on the machine or it i s established that some other parts of the machine have been damaged due to use of the supplied ma terials, all such parts so damaged as well as the materials supplied shall have to be replaced on free o f cost basis by the supplier.
• 16.Transportation: During transportation of the materials, all the precautionary measures (such as te mperature, packaging, etc.) should be taken so that the properties of the materials shall remain as pe r the specifications mentioned in the bid.
• 17.Price Fall Clause: The Bidder undertakes that it has not offered to supply/supplied/is not supplying same or similar product/systems or sub systems at a price lower than that offered in the present bid i n respect of any Organization/Ministry/Department of the Government of India or State Government o r Coal India Limited and/or its Subsidiaries or other PSUs or any other private organization during the currency of the contract. If, at any stage, it is found that same or similar product/systems or sub syste ms was/is being supplied by the bidder to any Organization/Ministry/Department of the Government o f India or State Government or Coal India Limited and/or its Subsidiaries or other PSUs or any other pri vate organization at a lower price during the currency of the contract, then that very price will be appl icable to the present case and the contract price will be automatically reduced with effect from that d ate for all the subsequent supplies under the contract and the contract be amended accordingly. If the contract has already been concluded, the difference in the cost would be refunded by the bidder to bu yer. Note:
• a.The currency of contract will mean the period till completion of supply.
• b.The bidder will be asked to submit a copy of the last (latest) purchase order (bidder may opt to mas k the price portion and shall submit an undertaking that priced copy will be submitted on being L1 aft er opening of Price Bid/Reverse Auction) for the tendered/similar item(s) received by them from any O rganization/Ministry/Department of the Government of India or State Government or Coal India Limite d and/or its Subsidiaries or other PSUs or any other private organization, along with the offer.
• c.It shall be responsibility of the supplier to inform the purchaser of offer to supply/supply of the order ed/similar item(s) at a lower rate to any Organization/Ministry/Department of the Government of India or State Government or Coal India Limited and/or its Subsidiaries or other PSUs or any other private o rganization during the currency of the contract.
• d.The supplier shall submit a certificate along with the bill(s) that it has not offered to supply/supplied the ordered / similar item(s) at a lower rate to any Organization/Ministry/Department of the Governme nt of India or State Government or Coal India Limited and/or its Subsidiaries or other PSUs or any othe r private organization.
• e.The provisions of fall clause will however not apply for purchase value up to Rs. 2.00 lakh.
• 18.EMD (wherever applicable): EMD can be submitted preferably through Online Payment/NEFT/R TGS/Internet Banking, or Account Payee Demand Draft, or as GeM standard EMD BG, or as sug gested in GeM GTC. Bidder has to upload scanned copy / proof of the Online Payment / Demand Draft along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date at following address – Purchase Department (Room No. 303), Office of the Area General Manager, Rajmahal Area, P.O. – Bara Simra (Dhankunda), District – Godda, Jharkhand, PIN - 814165. S l Descriptio n Detail for deposition of EMD through Online Payment /NEFT/RTGS/Internet Banking, or Account Payee Dem and Draft.
• 1.A/c Name Eastern Coalfields Ltd Eastern Coalfields Ltd
• 2.Bank Name State Bank of India UCO Bank
• 3.Branch Na me RCMP Branch Lalmatia Branch
• 4.Bank A/c No . 11524367010 12940200006001
• 5.IFSC SBIN0007265 UCBA0001294
• 19.Security Deposit (wherever applicable): Ø Security Deposit has to be submitted for the 5% value of the total landed value of the contract inclu ding all taxes, duties and other costs and charges. The SDBG shall remain valid up to 2 months aft er completion of supplies and acceptance of materials by the consignee in case of supply contracts and in case of contracts for equipment involving installation and commissioning, 3 months after th e supply and commissioning of all the equipment covered in the contract. Ø In case of failure to deposit the security deposit within 15 (fifteen) days from date of notification of a ward/ placement of order, another opportunity may be given to you for submission of Security Dep osit within next 15 days. If still fails to deposit the security deposit within the extended period but executes the supplies within scheduled delivery period, the submission of Security Deposit may be waived, as the purpose of submission of SD is fulfilled. If fails to deposit the SD within the extended period and no supplies are made, the order shall be cancelled and the case shall be processed to o rder elsewhere at firms risk and cost. Moreover, the firm’s performance is to be kept recorded for f uture dealings with them. Further, if during execution of the contract, the firm fails to extend the B ank Guarantee for Security Deposit, suitably as required, the same shall be recorded as unsatisfact ory performance for future dealings apart from taking any other penal action as may be deemed fit by ECL. Ø In cases, where the successful tenderer did not submit the security deposit even within the extende d period for SD submission but has supplied the materials either in full or in part after the extende d period for SD submission, the SD may be deducted from the first bill or in case of insufficient am ount from subsequent bill(s) of the supplier till the full SD amount is deducted. Further, a penalty e quivalent to 0.5% (half percent) of SD amount for delay of each week or part thereof (period of del ay is to be calculated from the 31st day from the date of notification of award/placement of order t o the date of receipt of full SD/deduction of full SD) shall be levied subject to a maximum of 5% of t he contract value. Ø Security Deposit will be released within 30 days after completion of supplies and acceptance of mat erial by the consignee in case of supply contractor after successful commissioning and on receipt o f confirmation of Performance Bank Guarantee(s) for all the equipment covered in the contract in c ase of contracts for equipment and all those items/goods involving installation and commissioning and PBG. Ø In case contract is terminated on basis of defaulter, ECL shall be entitled to take panel action as me ntioned in GeM GTC as well as in CIL Purchase Manual 2020 and their subsequent amendments if a ny. Ø SDBG can be submitted preferably through Online Payment/NEFT/RTGS/Internet Banking, or Account Payee Demand Draft, or as GeM standard EMD BG, or as suggested in GeM GTC at foll owing address – Purchase Department (Room No. 303), Office of the Area General Manager, Rajma hal Area, P.O. – Bara Simra (Dhankunda), District – Godda, Jharkhand, PIN - 814165. S l Descriptio n Detail for deposition of SDBG through Online Paymen t/NEFT/RTGS/Internet Banking, or Account Payee De mand Draft.
• 1.A/c Name Eastern Coalfields Ltd Eastern Coalfields Ltd
• 2.Bank Name State Bank of India UCO Bank
• 3.Branch Na me RCMP Branch Lalmatia Branch
• 4.Bank A/c No . 11524367010 12940200006001
• 5.IFSC SBIN0007265 UCBA0001294
• 20.TReDS: Trade Receivables Discounting System (TReDS) is an initiative of Reserve bank of India (RBI) to facilitate MSME receivable payments from corporates. ECL has on boarded TReDS platform through
• (1)Receivables Exchange of India Ltd (RXIL) (URL-https://www.rxil.in/Home/Index); (2) A-TReDs (URL- www.invoicemart.com); (3) Mynd Solutions (URL-www.m1xchange.com). MSE bidders willing to get pa yment through this system may get registered on the above TReDS platform and confirm in offer and the same would be mentioned in the purchase order. The bidder may contact (1) Mrs. Upasana Majum der, BD-ARM, RXIL, Mob: +91 8697212759 (upasana.majumder@rxil.in); (2) Mrs Monalisa Das Nath, D y VP, Mynd Solutions, Mob: +91 8100551223 (monalisa.das@m1exchange.com); (3) Mr. Subhas Chak raborty, RM, A-TReDS, Mob: +91 9681193155 (Subhas.Chakraborty@invoicemart.com).
• 21.Submission of Invoice: Following documents have to be submitted in triplicate to the consignee along with supply – GeM Invoice, Tax Invoice, Delivery Challan, Guarantee/Warranty Certificate, Fitme nt Guarantee Certificate, Price Fall Certificate, Test Reports (wherever applicable), Import Documents (wherever applicable).
• 22.IMPORTED ITEMS: In case the supplier supplies the imported stores in INR after importing and payin g the customs duty, the supplier will be required to submit additionally the following import document s to the consignee along with each supply to ensure authenticity and genuineness of imported materi als:
• (i)Self attested copy of Principal’s invoice/ packing list along with original.
• (ii)Self attested copy of Bill of Lading/ Airway bill.
• (iii)Self attested copy of Bill of entry along with original
• (iv)Certificate of county of origin. The supplier shall provide clear linkage of items as per order with documents furnished under c lause (i), (ii) and (iii) for acceptance by consignee. The original documents under (i) and (iii) sh all be returned after verification with self-attested photocopies and making endorsements on originals relating to transaction made.
• 23.Provisions of CIL Purchase Manual, 2020 and all its subsequent amendments shall be applicable for th is GeM bid and ensuing GeM contract(s), if not specified otherwise in this bid document.CIL Purchase Manual, 2020 and all its subsequent amendments can be accessed on CIL’s website https://www.coali ndia.in/info-bank/manuals/purchase-manual-2020/. Parties failing to fulfill any condition mentioned above, their respective offer will be liable for rejection without any further communication. .

Buyer uploaded ATC document Click here to view the file.

IMPORTED PRODUCTS: In case of imported products, OEM or Authorized Seller of OEM should have a registered office in India to provide after sales service support in India. The certificate to this effect should be submitted.

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

Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only.

• 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.

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.

While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice and the screenshot of GST portal confirming payment of GST.