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 TECHNICAL SPECIFICATIONS Tech. Spe

• c.Attached in Bid Document 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. Consigne e 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 30 days from the date of issue of GeM contract. The delivery shall be on free delivery at site and delivery period shall be counted from the date of issue of GeM contract. Early delivery shall be acceptable. In event of failure to deli ver the stores within stipulated dates/periods mentioned in GeM contract, the buyer shall r eserve the right to levy – liquidated damages @0.5% per week up to maximum of 10% of c ontract value (including Taxes and Duties); OR to cancel the supply order or a portion ther eof; OR to extend the period of delivery with or without imposition of liquidated damages a s may be considered fit or proper. SPECIAL TERMS & CONDITIONS
• 1.Bidder has to submit a declaration in regard of the item schedules for whic h they have participate along 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 ch arges, and Freight charges. The price offered by the bidder should be firm til l delivery. Once the order is placed on the tenderer within the validity/extended validity period of the offer, the price quoted by them in th eir offer shall remain FIRM throughout the entire period of the operation of t he 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 provid ed it meets proven-ness criteria noted below; otherwise the offer shall be lia ble for rejection. The decision of technical dept. for considering any firm as p roven 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 provid ed that the tendered item(s) of same or similar / higher specific ations/ ratings/ versions, etc. have been supplied during the las t 5 years from the date of tender opening, against orders of CIL , and its subsidiaries, other PSUs, Government Departments an d Private Organizations and their performance has been found satisfactory” Criteria for the tendered item (spares): “The offered/tendered items shall be considered proven provid ed that the tendered item(s) of same part number have been su pplied during the last 5 years from the date of tender opening, against orders of CIL, and its subsidiaries, other PSUs, Govern ment Departments and Private Organizations and their perform ance has been found satisfactory”
• 5.Bidder shall submit Satisfactory Performance Certificate/Report (as per for mat enclosed) for a minimum period of 12 months against the submitted Pur chase Order copy and the submitted Purchase Order Copy shall not be more than 5 years old from the date of bid opening.
• 6.In a tender, either the principal manufacturer can quote or its authorized a gent can quote but both are not allowed to participate/quote in the same te nder.
• 7.One principal manufacturer can authorize only one agent for the tender. If an agent submits bid on behalf of a principal manufacturer, the same agent shall not submit a bid on behalf of another manufacturer in the same tender for the same item/ product. The agent must submit valid authorization letter of their manufacturer.
• 8.Bidder participating as / claiming to be a manufacturer of any item shall su bmit documentary evidence like ISO-9001 certificate and /or manufacturing license/certificate, UDYAM etc. issued by government authority to establish t hat they are manufacturer of the tendered item with offered capacity.
• 9.Bidder shall give a declaration that there are no pending complaints regard ing performance of tendered/offered items supplied by the bidder from any Government or quasi-Government agencies or PSUs.
• 10.Lowest Price Certificate: Bidder shall submit a certificate (along with the bid) that it has not offered to supply/supplied the ordered / 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 oth er PSUs or any other private organization – failing which their bid may be rej ected.
• 11.Relaxing Prior experience and turnover criteria for start-ups and M SEs: As per Policy Circular No.1(2)(1)/2016-MA dated 10.03.2016 of MoMSME, it h as been clarified that all Central Ministries/Departments/Central Public Secto r Undertakings may relax the condition of prior turnover and prior experienc e with respect to Micro and Small Enterprises in all public procurement subje ct to meeting of quality and technical specifications, i.e. these MSEs must ha ve the technical capability to deliver the goods and services as per prescribe d technical and quality specifications. Further, as per Department of Expendi ture, Ministry of Finance OM No. F.20/2/2014/PPD-(Pt) dated 25.07.2016 circ ulated vide note F. No. 24/2/2013/Fin-1 dated 02.08.2016, relaxation of the condition of prior turnover and prior experience in public procurement has b een extended to all Startups (whether MSE or not) subject to meeting of qua lity 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 th e Startup/MSE status for the tendered item without certificate towards qualit y, assurance and capability from some authority like MSME, NSIC etc., the TI A, if needed, may assess the techno-commercial capability of the vendors to manufacture and deliver goods as per the prescribed quality and technical s pecification before awarding contract to them. For this purpose, a ‘Proform a for Equipment and Quality Control’ has to be enclosed in the tender d ocuments and such MSEs/ Startups should be asked to submit the details of plant & machinery, quality control arrangements, etc., in the above proform a along with their bids for verification of their technical capability. After open ing of bids, the verification of technical capability may be done by the conce rned Technical Department immediately without any undue delay so that it i s 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 report is being called, is furnished with copy of the enqui ry, the details of equipment, quality control, man-power availability, complia nce/ deviation statements and any other relevant particulars related to man ufacturing/supply of the item as furnished by the firm(s) along with their ten der. If required, a techno-commercial team of the organization may visit the man ufacturing unit of the vendor without any undue delay for quick finalization o f 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 pro duct for future tenders and clearly indicate that their offer cannot be consid ered for relaxation against the tender in question in order to avoid any futur e complications. 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 su pply of the item in question as per the required specification is available, the se may be considered for granting relaxation to the criteria of prior experien ce and prior turnover provided date of such reports are not more than one y ear from the date of opening of bids. If bidders have submitted documents to prove the Startup/MSE status for th e tendered item and their products are ISI marked/DGMS approved/Proven i n CIL or its Subsidiary companies/Proven product of the ancillary unit of a Su bsidiary Company of CIL, they will be required to submit the following applic able related documents, duly notarized, for relaxation from the criteria of pri or experience and prior turnover: a valid BIS Marking License for the quoted items OR Rate Contract issued by CIL/its subsidiary companies for the quote d items OR a valid DGMS Approval certificate for the quoted items OR Prove n Ancillary certificate issued by the subsidiary companies for the quoted ite ms. The document(s)/certificate(s) furnished by the bidders for ISI markings or DGMS approval for any relaxation should be valid on the date of tender o pening and a copy of such document(s)/certificate(s) valid on the date of sup ply, duly notarized, must accompany their bill(s). Note: ECL may prefer the vendors to have prior experience rather than givin g orders to new entities for procurement of items related to public safety, he alth, 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 b y concerned technical head. Rejected / wrongly supplied / defective spares / parts have to be replaced by the bidder at their own cost, within 07 days fro m the date of rejection/notice, when asked to do so.
• 13.Supporting documents: A copy of following documents should be scanne d and uploaded with the 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. is sued 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 Conditions.
• 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) a gainst the submitted Purchase Order copy and the submitted Purchase O rder Copy shall not be more than 5 years old from the date of bid openin g however, this Satisfactory Performance Certificate/Report is not compu lsory in case of Purchase Orders issued from MM Dept., Rajmahal Area, E CL.
• 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/sy mbol/description/identification mark of manufacturer and part number shoul d be clearly embossed/engraved/ punched/or otherwise legibly indicated, wh erever 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 givi ng identification mark, part number, description, year and month of manufa cturing etc. However, for high precision items, where embossing/engraving/ punching is not possible, it shall be packed separately and packing cover/bo x/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 any modification/alteration for which the same are intended. A certificate in this respect should be given along with e ach 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 materials, all such parts so damaged as well as the materials supplied shall have to be replaced on free of cost basis by the supplier.
• 16.Transportation: During transportation of the materials, all the precaution ary measures (such as temperature, packaging, etc.) should be taken so tha t the properties of the materials shall remain as per the specifications menti oned 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 in respect of any Organizat ion/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 currency of the contract. If, at any stage, it is found that same or similar product/systems or sub systems was/is being supplied b y the bidder to any Organization/Ministry/Department of the Government of I ndia or State Government or Coal India Limited and/or its Subsidiaries or oth er PSUs or any other private organization at a lower price during the currenc y of the contract, then that very price will be applicable to the present case and the contract price will be automatically reduced with effect from that da te for all the subsequent supplies under the contract and the contract be am ended accordingly. If the contract has already been concluded, the differenc e 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 ord er (bidder may opt to mask the price portion and shall submit an undertakin g that priced copy will be submitted on being L1 after opening of Price Bid/R everse Auction) for the tendered/similar item(s) received by them from any Organization/Ministry/Department of the Government of India or State Gover nment or Coal India Limited and/or its Subsidiaries or other PSUs or any othe r 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 ordered/similar item(s) at a lower rate to any Organizati on/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 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 Government of India or State Gover nment 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.TReDS: Trade Receivables Discounting System (TReDS) is an initiative of R eserve bank of India (RBI) to facilitate MSME receivable payments from corp orates. ECL has on boarded TReDS platform through (1) Receivables Exchan ge of India Ltd (RXIL) (URL-https://www.rxil.in/Home/Index); (2) A-TReDs (UR L-www.invoicemart.com); (3) Mynd Solutions (URL-www.m1xchange.com). MSE bidders willing to get payment through this system may get registered on the above TReDS platform and confirm in offer and the same would be m entioned in the purchase order. The bidder may contact (1) Mrs. Upasana M ajumder, BD-ARM, RXIL, Mob: +91 8697212759 (upasana.majumder@rxil.in) ; (2) Mrs Monalisa Das Nath, Dy VP, Mynd Solutions, Mob: +91 8100551223 (monalisa.das@m1exchange.com); (3) Mr. Subhas Chakraborty, RM, A-TRe DS, Mob: +91 9681193155 (Subhas.Chakraborty@invoicemart.com).
• 19.Submission of Invoice: Following documents have to be submitted in trip licate to the consignee along with supply – GeM Invoice, Tax Invoice, Deliver y Challan, Guarantee/Warranty Certificate, Fitment Guarantee Certificate, Pr ice Fall Certificate, Test Reports (wherever applicable), Import Documents ( wherever applicable).
• 20.Provisions of CIL Purchase Manual, 2020 and all its subsequent amendment s shall be applicable for this GeM bid and ensuing GeM contract(s), if not spe cified otherwise in this bid document.CIL Purchase Manual, 2020 and all its s ubsequent 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 respectiv e offer will be liable for rejection without any further communication. .

Buyer uploaded ATC document Click here to view the file.

• 7.Purchase Preference (Centre) Purchase preference to Micro and Small Enterprises (MSEs): Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for Micro and Small Enterprises. In respect of bid for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in this regard shall be uploaded along with the bid in respect of the offered product or service. If L-1 is not an MSE and MSE Seller (s) has/have quoted price within L-1+ 15% of margin of purchase preference /price band defined in relevant policy, such Seller shall be given opportunity to match L-1 price and contract will be awarded for percentage of 25% of total value.

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.