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 JOY GLOBAL INDIA PVT. LTD. OR THEIR AUT HORIZED AGENT 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 good s, such replacement or renewal should be made by the supplier without any extra cost to ECL on door delivery basis. Warranty Certificate issued by the OEM/Manufacturer is only a cceptable. 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.Pre-contract Integrity Pact: Applicable for this tender. The bidders will have to upload along with their offer, digitally signed Pre-Contract Integrity Pact as per attached format in Bid, In terms of the Integrity Pact, the Independent External Monitor(s) (IEMs) nominated for this tender are as follows, SI Name Address e-Mail ID Mobile No 1 Shri Jatinder bir singh, IA S (Retd) House No. 1186, Sector77, M ohali-140308 Punjab jatinderbir@gmail.com 9968607788 2 Shri Ashok K umar Garg, I TS (Retd) E-13, Sector-55, Noida-20130 1 akgarg1654@gmail.com 9868211000
• 2.Bidder has to submit a declaration in regard of the item schedules for which they have participat e along with the Make/Model, and HSN of the said item schedule.
• 3.Price offered by the bidder should be on FOR basis and shall include all the price elements includ ing all taxes and charges, transit insurance fee, P&F charges, and Freight charges. The price offered by the 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 th e entire period of the operation of the contract.
• 4.The offered specifications should match the tendered specifications failing which the offer shall b e liable for rejection.
• 5.Proven-ness criteria: The offered item shall be considered proven provided it meets proven-ne ss criteria noted below; otherwise the offer shall be liable for rejection. The decision of technical dept. fo r considering any firm as proven will be final and binding upon the tenderers. Bidders should upload sca nned 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 item(
• s)of same or similar / higher specifications/ ratings/ versions, etc. have been supplied d uring the last 5 years from the date of tender opening, against orders of CIL, and its sub sidiaries, other PSUs, Government Departments and Private Organizations and their perf ormance has been found satisfactory” Criteria for the tendered item (spares): “The offered/tendered items shall be considered proven provided that the tendered item(
• s)of same part number have been supplied during the last 5 years from the date of tend er opening, against orders of CIL, and its subsidiaries, other PSUs, Government Departm ents and Private Organizations and their performance has been found satisfactory”
• 6.Bidder shall submit Satisfactory Performance Certificate/Report (as per format enclosed) for a mi nimum period of 12 months against the submitted Purchase Order copy and the submitted Purchase Or der Copy shall not be more than 5 years old from the date of bid opening.
• 7.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 Authorizatio n Form/Certificate for Indian Agent (as per enclosed format) is required to be furnished along with the b id. In a tender, either the principal manufacturer can quote or its authorized agent can quote but both a re not allowed to participate/quote in the same tender.
• 8.One principal manufacturer can authorize only one agent for the tender . If an agent submits bid o n behalf of a principal manufacturer, the same agent shall not submit a bid on behalf of another manufa cturer in the same tender for the same item/ product.
• 9.Bidder participating as / claiming to be a manufacturer of any item shall submit documentary evi dence like ISO-9001 certificate and /or manufacturing license/certificate, UDYAM etc. issued by govern ment authority to establish that they are manufacturer of the tendered item with offered capacity.
• 10.Bidder shall give a declaration that there are no pending complaints regarding performance of te ndered/offered items supplied by the bidder from any Government or quasi-Government agencies or PS Us.
• 11.Lowest Price Certificate: Bidder shall submit a certificate (along with the bid) that it has not off ered to supply/supplied the ordered / similar item(s) at a lower rate to any Organization/Ministry/Depart ment of the Government of India or State Government or Coal India Limited and/or its Subsidiaries or ot her PSUs or any other private organization – failing which their bid may be rejected.
• 12.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 Ce ntral Ministries/Departments/Central Public Sector Undertakings may relax the condition of prior turnov er and prior experience with respect to Micro and Small Enterprises in all public procurement subject to meeting of quality and technical specifications, i.e. these MSEs must have the technical capability to del iver the goods and services as per prescribed technical and quality specifications. Further, as per Depar tment of Expenditure, Ministry of Finance OM No. F.20/2/2014/PPD-(Pt) dated 25.07.2016 circulated vide note F. No. 24/2/2013/Fin-1 dated 02.08.2016, relaxation of the condition of prior turnover and prior exp erience in public procurement has been extended to all Startups (whether MSE or not) subject to meeti ng of quality and technical specifications in accordance with the relevant provisions [Rule 173(i)(b) of G FR, 2017]. However, if the bidders in their offer have submitted documents to prove the Startup/MSE status for the tendered item without certificate towards quality, assurance and capability from some authority like MS ME, NSIC etc., the TIA, if needed, may assess the techno-commercial capability of the vendors to manuf acture and deliver goods as per the prescribed quality and technical specification before awarding contr act to them. For this purpose, a ‘Proforma for Equipment and Quality Control’ has to be enclosed i n the tender documents and such MSEs/ Startups should be asked to submit the details of plant & mach inery, quality control arrangements, etc., in the above proforma along with their bids for verification of t heir technical capability. After opening of bids, the verification of technical capability may be done by th e concerned Technical Department immediately without any undue delay so that it is available for consi deration at the time of evaluation/ processing of offers. It should be ensured that the designated technical authority from whom the technical capability report is being called, is furnished with copy of the enquiry, the details of equipment, quality control, man-power availability, compliance/ deviation statements and any other relevant particulars related to manufacturi ng/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 vendo r 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 co mplications. The issues relating to Technical capability may be decided by the Head of the Technical De partment. If favorable technical capability reports obtained earlier on such firms for supply of the item in question as per the required specification is available, these may be considered for granting relaxation to the crit eria of prior experience and prior turnover provided date of such reports are not more than one year fro m the date of opening of bids. If bidders have submitted documents to prove the Startup/MSE status for the tendered item and their pr oducts are ISI marked/DGMS approved/Proven in CIL or its Subsidiary companies/Proven product of the ancillary unit of a Subsidiary Company of CIL, they will be required to submit the following applicable re lated documents, duly notarized, for relaxation from the criteria of prior experience and prior turnover: 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 cert ificate issued by the subsidiary companies for the quoted items. The document(s)/certificate(s) furnishe d by the bidders for ISI markings or DGMS approval for any relaxation should be valid on the date of ten der opening and a copy of such document(s)/certificate(s) valid on the date of supply, duly notarized, m ust accompany their bill(s). Note: ECL may prefer the vendors to have prior experience rather than giving orders to new entities for p rocurement of items related to public safety, health, critical security operations and equipment, etc. in l ine with clarification given by Department of Expenditure, MoF vide OM No. F.20/2/2014/PPD-(Pt) dated 20.09.2016.
• 13.Inspection: Inspection of the supplied materials shall be done at our site by concerned technical head. Rejected / wrongly supplied / defective spares / parts have to be replaced by the bidder at their o wn cost, within 07 days from the date of rejection/notice, when asked to do so.
• 14.Supporting documents: A copy of following documents should be scanned and uploaded with t he offer. 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 Conditi ons.
• 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 Purch ase Order copy and the submitted Purchase Order Copy shall not be more than 5 years old from th e date of bid opening however, this Satisfactory Performance Certificate/Report is not compulsory i n 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.
• 15.Marking/Identification: Apart from the product packaging, the make/symbol/description/identifi cation mark of manufacturer and part number should be clearly embossed/engraved/ punched/or other wise legibly indicated, wherever possible, on each and every item at a visible place with is not subject t o 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 item s, where embossing/engraving/punching is not possible, it shall be packed separately and packing cove r/box/case shall be tagged with the identification mark or identification mark be put up by metal marke

r.

• 16.Fitment Guarantee: The product supplied should properly fit in/on/to/with the machines without any modification/alteration for which the same are intended. A certificate in this respect should be give n along with each supply. If any of the materials supplied either do not fit properly on the machine or it is established that some other parts of the machine have been damaged due to use of the supplied mat erials, all such parts so damaged as well as the materials supplied shall have to be replaced on free of c ost basis by the supplier.
• 17.Transportation: During transportation of the materials, all the precautionary measures (such as temperature, packaging, etc.) should be taken so that the properties of the materials shall remain as pe r the specifications mentioned in the bid.
• 18.Price Fall Clause: The Bidder undertakes that it has not offered to supply/supplied/is not supplyi ng same or similar product/systems or sub systems at a price lower than that offered in the present bid in respect of 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 organization during the curr ency of the contract. If, at any stage, it is found that same or similar product/systems or sub systems w as/is being supplied by the bidder 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 org anization at a lower price during the currency of the contract, then that very price will be applicable to t he present case and the contract price will be automatically reduced with effect from that date for all th e 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 buyer. 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 mask t he price portion and shall submit an undertaking that priced copy will be submitted on being L1 afte r 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 Limit ed 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 ord ered/similar item(s) at a lower rate to any Organization/Ministry/Department of the Government of I ndia or State Government or Coal India Limited and/or its Subsidiaries or other PSUs or any other pri vate organization 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/supplie d the ordered / similar item(s) at a lower rate to any Organization/Ministry/Department of the Gover nment of India or State Government or Coal India Limited and/or its Subsidiaries or other PSUs or an y other private organization.
• e.The provisions of fall clause will however not apply for purchase value up to Rs. 2.00 lakh.
• 19.EMD (wherever applicable): EMD can be submitted preferably through Online Payment/NEF T/RTGS/Internet Banking, or Account Payee Demand Draft, or as GeM standard EMD BG, or as su ggested 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 O pening date at following address – Purchase Department (Room No. 303), Office of the Area General Ma nager, Rajmahal Area, P.O. – Bara Simra (Dhankunda), District – Godda, Jharkhand, PIN - 814165. Sl Descri ption Detail for deposition of EMD through Online Payme nt/NEFT/RTGS/Internet Banking, or Account Payee Demand Draft.
• 1.A/c Na me Eastern Coalfields Ltd Eastern Coalfields Ltd
• 2.Bank N ame State Bank of India UCO Bank
• 3.Branch Name RCMP Branch Lalmatia Branch
• 4.Bank A/ c No. 11524367010 12940200006001
• 5.IFSC SBIN0007265 UCBA0001294
• 20.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 after co mpletion of supplies and acceptance of materials by the consignee in case of supply contracts and in ca se of contracts for equipment involving installation and commissioning, 3 months after the supply and c ommissioning 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 Deposit 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 sup plies are made, the order shall be cancelled and the case shall be processed to order elsewhere at firms risk and cost. Moreover, the firm’s performance is to be kept recorded for future dealings with them. Fur ther, if during execution of the contract, the firm fails to extend the Bank Guarantee for Security Deposit , suitably as required, the same shall be recorded as unsatisfactory performance for future dealings apa rt 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 extended period for SD submission but has supplied the materials either in full or in part after the extended perio d for SD submission, the SD may be deducted from the first bill or in case of insufficient amount from su bsequent bill(s) of the supplier till the full SD amount is deducted. Further, a penalty equivalent to 0.5% (half percent) of SD amount for delay of each week or part thereof (period of delay is to be calculated fr om the 31st day from the date of notification of award/placement of order to the date of receipt of full S D/deduction of full SD) shall be levied subject to a maximum of 5% of the contract value. Ø Security Deposit will be released within 30 days after completion of supplies and acceptance of mate rial by the consignee in case of supply contractor after successful commissioning and on receipt of confi rmation of Performance Bank Guarantee(s) for all the equipment covered in the contract in case of cont racts 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 men tioned in GeM GTC as well as in CIL Purchase Manual 2020 and their subsequent amendments if any. Ø SDBG can be submitted preferably through Online Payment/NEFT/RTGS/Internet Banking, or A ccount Payee Demand Draft, or as GeM standard EMD BG, or as suggested in GeM GTC 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. Sl Descrip tion Detail for deposition of SDBG through Online Pay ment/NEFT/RTGS/Internet Banking, or Account Pa yee Demand Draft.
• 1.A/c Nam e Eastern Coalfields Ltd Eastern Coalfields Ltd
• 2.Bank Na me State Bank of India UCO Bank
• 3.Branch Name RCMP Branch Lalmatia Branch
• 4.Bank A/ c No. 11524367010 12940200006001
• 5.IFSC SBIN0007265 UCBA0001294
• 21.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 thro ugh (1) Receivables Exchange of India Ltd (RXIL) (URL-https://www.rxil.in/Home/Index); (2) A-TReDs (U RL-www.invoicemart.com); (3) Mynd Solutions (URL-www.m1xchange.com). MSE bidders willing to get p ayment 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 Majumd er, BD-ARM, RXIL, Mob: +91 8697212759 (upasana.majumder@rxil.in); (2) Mrs Monalisa Das Nath, Dy V P, Mynd Solutions, Mob: +91 8100551223 (monalisa.das@m1exchange.com); (3) Mr. Subhas Chakrabo rty, RM, A-TReDS, Mob: +91 9681193155 (Subhas.Chakraborty@invoicemart.com).
• 22.Submission of Invoice: Following documents have to be submitted in triplicate to the consigne e 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).
• 23.IMPORTED ITEMS: In case the supplier supplies the imported stores in INR after importing and p aying the customs duty, the supplier will be required to submit additionally the following import docum ents to the consignee along with each supply to ensure authenticity and genuineness of imported mate rials:
• (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 clause (i),
• (ii)and (iii) for acceptance by consignee. The original documents under (i) and (iii) shall be returned aft er verification with self-attested photocopies and making endorsements on originals relating to transact ion made.
• 24.Provisions of CIL Purchase Manual, 2020 and all its subsequent amendments shall be applicable f or this GeM bid and ensuing GeM contract(s), if not specified otherwise in this bid document.CIL Purcha se Manual, 2020 and all its subsequent amendments can be accessed on CIL’s website https://www.coal india.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 Organization specific Integrity Pact shall have to be complied by all bidders. Bidders shall have to upload scanned copy of signed integrity pact as per Buyer organizations policy along with bid. Click here to view the file

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.